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Commission continues ADU ordinance amendments after public concerns over tenant protections and demolition loopholes
Summary
Proposed changes to the accessory-dwelling‑unit (ADU) program (allowing some ADUs in new construction, fill-ins, dormers for garage conversions, street-tree fee options and legalization changes) drew extensive public comment about tenant protections and potential demolition/upzoning loopholes. The commission continued the item to June 21 and asked city attorneys and staff for additional analysis on Housing Accountability Act implications and tenant-safety procedures.
The Planning Commission on June 7 continued action on a set of accessory dwelling unit (ADU) code amendments sponsored by Supervisor Katie Tang after hearing detailed staff presentations and a long public comment period from tenant advocates, neighborhood groups and developers.
The proposed ordinance would: allow one ADU in certain new-construction buildings of three units or fewer (with a recommended 1,200-square-foot cap for such ADUs), permit specific fill-ins within the buildable envelope, allow dormers for garage-to-ADU conversions and add flexibility on street-tree requirements (including an in-lieu fee), expand legalization pathways for unauthorized units, and adjust bicycle-parking and exposure requirements. Staff also proposed added tenant protections tied to legalization and procedural screening reforms with DBI to improve tenant notification when housing services (storage, laundry, parking) would be affected.
Public commenters and tenant-rights groups supported ADUs for added housing but urged stronger tenant protections and warned that the new-construction allowance could be used to justify demolition of existing (often rent-controlled) housing. Several speakers asked the commission to confirm that a demolition would still require conditional-use review and to clarify interactions with the state Housing Accountability Act and with recently adopted local tenant-protection measures. Architects and housing advocates supported the technical streamlining measures but acknowledged the need for safeguards.
The commission voted to continue the item to June 21 and asked the City Attorney's Office to provide a targeted legal analysis on whether the new-construction ADU allowance could be invoked to require approval of demolitions under the state's Housing Accountability Act; commissioners also asked staff to return with clearer tenant-notice and tenant-protection language and with details showing how the ADU rules will interact with local rent/eviction protections.
Staff said they had already implemented new DBI screening and owner-affidavit steps requiring owners to notify tenants when proposed ADU work could remove housing services and to demonstrate tenant notification as part of the filing process. Commissioners requested additional outreach with tenant groups before returning.
