Commission approves planning-code change to exempt disability-access space from floor‑area limits

The Planning Commission unanimously approved a planning-code amendment proposed by Supervisor Chu’s office to exclude floor area needed for disability access from gross floor-area calculations that can constrain small self-service restaurants and retail coffee stores.

Judson True, representing Supervisor Chu, said the change responds to small businesses that are deterred from making accessibility improvements by floor-area-based size limits (staff cited small restaurants limited to 1,000 sq ft and retail coffee stores to 400 sq ft). The Planning Department recommended applying the exemption citywide rather than limiting it to two uses to avoid creating loopholes as accessibility requirements grow.

Susan Misner of the Mayor’s Office on Disability supported the change and explained technical aspects of ADA obligations, including the "readily achievable" standard and why small businesses often face surprise litigation or retrofit costs. Commissioners discussed landlord-tenant cost allocations and whether the local ordinance could impose duties beyond state and federal law; staff and the Mayor’s Office on Disability clarified that the measure is intended to clarify obligations and expedite permitting without exceeding higher-level legal standards.

Commissioners praised the measure as a practical step to reduce barriers to access improvements and approved it as modified by staff recommendations.

"This is intended to encourage accessibility and to clarify obligations so small businesses and landlords can plan accordingly," a staff presenter said during the hearing.