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Planning commission backs code changes to ease affordable housing density caps and legalize more unauthorized units
Summary
The Planning Commission approved amendments to exempt on‑site affordable units from density calculations in many cases and to expand the path to legalize unauthorized dwelling units (UDUs), adding tenant protections and clarifications. The motion carried unanimously after staff-suggested refinements.
The San Francisco Planning Commission on Dec. 5 approved a package of changes intended to spur small affordable projects and clear a path to legalize more unauthorized dwelling units across the city.
Kyle Smeely, legislative aide for Supervisor Rafael Mandelman, told commissioners the ordinance would exempt all on‑site affordable units from density calculations in most projects and remove the city’s one‑unauthorized‑unit‑per‑lot cap so owners can legalize multiple UDUs when feasible. "This change will promote more infill development of affordable housing," Smeely said.
Planning staff recommended several refinements to preserve inclusionary requirements and limit unintended consequences, including exemptions only for voluntary affordable units and a carve‑out for 100% affordable projects. Audrey Marloney of the Planning Department said the department supports the ordinance with those recommended modifications and added clarifying administrative rules to protect tenants, including an approach to preserve price‑control protections where applicable.
Supporters from housing advocates and preservation groups spoke at the hearing. Tom Radulovich of Livable City urged the commission to consider exempting residential care from floor‑area restrictions to expand small residential care facilities in neighborhoods. Radulovich said the changes would permit legalizing many units that currently exist “in the shadows” and protect rent‑controlled households.
Commissioners asked questions about enforcement and tenant protections tied to no‑fault evictions and the five‑year price control provisions. Smeely told commissioners the code as written would continue to trigger rent‑board protections and the city attorney’s office would provide more detail if needed.
A motion to approve the amendment with staff modifications passed unanimously (recorded as 6–0 in the hearing record). The ordinance now moves to the next legislative steps required by city procedure.
