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Committee forwards ADU ordinance amendments to comply with state law, adds tenant-notice requirement
Summary
The committee forwarded two accessory dwelling unit (ADU) ordinances—one sent to the full board with amendments to add tenant notification and a second continued for planning commission review—intending to align local code with state ministerial approval requirements while providing notice to existing tenants.
The committee moved forward with local changes to San Francisco’s accessory dwelling unit rules to bring them into compliance with state law and to add a tenant-notification requirement.
Clerk read two related files, one clarifying ministerial approval and expedited appeal procedures for certain ADUs and a duplicate file that would change discretionary-review requirements tied to the rent ordinance. Chair Aaron Peskin and Supervisor Safaie discussed the need to comply with state law that requires ministerial approval for ADUs, including new-construction ADUs, while preserving local notification for existing tenants. Peskin said the notice amendments will not delay ministerial approvals and reflected a unanimous request by the Board of Appeals.
Speakers from tenants’ groups and housing advocates supported the changes, saying they would allow more ADUs in single-family neighborhoods and enable builders to design new homes with ADUs in mind. Ryan Patterson urged limiting the notification amendment to one file and objected to a proposed Costa Hawkins waiver provision as preempted by state law, citing Palmer v. City of Los Angeles.
The committee accepted a paper amendment adding a table to item 3 (page 20), adopted notification language for both files without objection, sent item 3 to the full board with a positive recommendation, and continued item 4 to the call of the chair for referral to the Planning Commission so the commission can deliberate on certain changes.
