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Planning Commission adopts state‑aligned ADU ordinance with modifications to preserve local review and rent‑control options
Summary
The San Francisco Planning Commission unanimously approved amendments to align local code with state law on accessory dwelling units, adding explicit height/measurement language and allowing certain rear‑yard detached ADUs under the local program so they may be subject to rent control.
The San Francisco Planning Commission on Sept. 2 unanimously approved a planning code amendment to implement state‑mandated rules for accessory dwelling units (ADUs), with staff‑recommended modifications intended to retain local review tools and allow rent‑control where possible.
Veronica Flores of the Planning Department told the commission the ordinance updates local code to conform to recent state law changes, clarifies how to measure the 16‑foot height limit for detached rear‑yard ADUs, and creates three program paths — the state program, a hybrid program, and a local program — so property owners may choose the path that applies. Flores said the ordinance also adds an impact‑fee waiver for lots with three units or fewer to further incentivize ADU creation.
Public commenters included property owners and housing advocates who pressed staff on waivers for new construction, the scope of habitable space that can be converted into ADUs, and the need for better data on ADU construction and rents in San Francisco. Brett Gladstone, who represents property owners, asked why the local code would restrict some expansions to ground and basement floors; Housing Action Coalition representative Corey Smith urged the city to go further to incentivize affordable ADUs.
Commissioners discussed implementation challenges of having multiple program tracks, the limits of the city's authority under state law, and how to encourage use of the local program (where units can be subject to the San Francisco rent ordinance). Deputy City Attorney Peter Mlynich told the panel the city can be more permissive than state law but might face procedural or environmental review requirements for broader local changes.
Commissioner Tanner moved to adopt the staff recommendation with modifications to allow certain detached ADUs within the required rear yard under the local program — a change staff said would enable the city to apply rent control to those units. The motion passed 6–0.
The ordinance takes effect under the procedures established in the motion; staff said they would return if additional state legislation requires further adjustments. The commission also directed staff to continue work on outreach and clearer public guidance for the three program pathways.
