Are There Permits to Make a Family Room in the Back of Ingleside Homes N San Francisco
Credit: San Francisco Planning
Citywide
Accessory Dwelling Units
ADU ONLINE Application STATUS
We are currently processing ADU applications submitted the calendar week of February 21, 2022.
Last updated: February 28, 2022
In 2016, San Francisco's Accessory Dwelling Unit Program became available Citywide to all zoning districts that permit residential utilise. Equally of January 2020, California implemented new laws that govern ADUs statewide, allowing ADUs to be added to Single- and Multi-Family buildings.
Types of ADUs
There are four ADU types:
- Conversion ADUs are new units that convert space in a residential building.
- Attached ADUs are new units that expand a residential building.
- Detached ADUs are new free-standing buildings located on a residential property.
- Inferior ADUs (JADU) are a new type of ADU that convert up to 500 foursquare feet of space in a single-family structure. JADU requires owner-occupancy in either the remaining portion of the single-family home or the newly created JADU.
The type of ADU which can be added to a property depends on your building blazon and the ADU Program. Meet the relevant tab for your blazon of edifice to acquire more than well-nigh the ADU Programme options.
Legislative History
Below are farther requirements, guidelines, and resource for ADUs (reminder: find your zoning information using the Property Data Map).
Three ADU Programs are available for single-family buildings: Local, State, or Hybrid.
Local Program
This program allows adding ADUs to an existing or proposed unmarried-family edifice (discipline to relevant requirements and Codes).
- Types of ADUs allowed: Conversion, Attached, and Detached (may be new structure or converted from existing infinite)
These new, detached ADUs must be located inside the buildable area of the holding. For detached ADUs allowed outside of the buildable area, please meet the Land program.
Number of ADUs immune*
Existing buildings
- 4 or less legal dwelling units on the lot: one ADU allowed
- 5 or more than legal dwelling units on the lot: unlimited ADUs allowed
There is no limit on the number of ADUs allowed for projects undergoing Mandatory or Voluntary Seismic (AB-094) upgrades.
New building construction
- Where the zoning commune allows the construction of iv or less units: 1 ADU is allowed
- Where the zoning district allows the construction of v or more than units: unlimited ADUs immune
Waivers from the Planning Code
This plan offers waiver, or exceptions, to some Planning Code requirements for ADUs added to existing buildings. When these waivers are granted, a Costa-Hawkins Regulatory Agreement may be required, which subjects the ADU(s) to rent control:
Draft Regulatory Agreement: If the field of study lot includes Rental Unit(s) (as divers by Section 37.two(r) of the Administrative Lawmaking), and Planning Code waivers are granted, the new unit(south) will exist subject to rent control. Generally speaking, these existing buildings are already subject field to hire-command. A Regulatory Agreement will be created calculation the new ADU(s) under hire command. Please see a sample of the understanding here. The Regulatory Understanding will exist edited by Planning staff to reflect project specific conditions, and is required to be fully executed prior to let issuance.
* Find out how many units are currently on your property and how many units are allowed by using our Property Information Map.
Country Program
This program allows calculation 1 ADU to an existing or proposed single-family building. State Program ADUs are the most flexible in that compliance with some of the Planning Code requirements (e.g. rear yard, exposure, etc.) is not required. They are only permitted on properties where in that location are no other ADUs.
- Types of ADUs immune: Conversion, Attached, and Discrete (may be new structure or converted from existing space)
- Number of ADUs immune: maximum number of 1
Hybrid Program*
This program allows adding i ADU and/or a Junior ADU (JADU) to an existing or proposed single-family building. Hybrid ADUs demand to comply with Planning Lawmaking requirements (due east.g. rear yard, exposure, etc.), except for density. This means that detached ADUs must be located within the buildable area of the lot. For detached ADUs that are allowed outside of the buildable area, please see the Land Program.
- Types of ADUs allowed: Conversion, Detached, and Junior ADUs (may exist new construction or converted from existing space)
- Number of ADUs immune: maximum number allowed is 1 ADU + 1 JADU
* Due to specific language in the Government Lawmaking, San Francisco is interpreting State law differently from other Jurisdictions, which results with the Hybrid Program. To learn more, delight contact u.s.a..
Iii ADU Programs are available for multiple-family unit buildings: Local, Country, or Hybrid.
Local Program
This program allows adding ADUs to existing or proposed multi-family building (subject to relevant requirements and Codes).
- Types of ADUs allowed: Conversion, Attached, and Discrete (may be new structure or converted from existing space)
These new, detached ADUs must be located within the buildable area of the holding. For detached ADUs allowed outside of the buildable expanse, please meet the State programme.
Number of ADUs allowed*
Existing buildings
- If 4 or less legal dwelling units are on the lot = one ADU is immune
- If 5 or more legal domicile units are on the lot = unlimited ADUs immune
At that place is no limit on the number of ADUs allowed for projects undergoing Mandatory or Voluntary Seismic (AB-094) upgrades.
New building structure
- Where the zoning district allows the construction of four or less units = one ADU is allowed
- Where the zoning commune allows the construction of 5 or more than units = unlimited ADUs allowed
Waivers from the Planning Code
This program offers waivers, or authoritative exceptions, to some Planning Lawmaking requirements for ADUs added to existing buildings. When these waivers are granted, a Costa-Hawkins Regulatory Agreement may exist required, which subjects the ADU(s) to rent control:
Draft Regulatory Agreement: If the subject lot includes Rental Unit(s) (equally defined past Department 37.two(r) of the Administrative Lawmaking), and Planning Code waivers are granted, the new unit(s) will be subject to rent control. Mostly speaking, these existing buildings are already bailiwick to rent-control. A Regulatory Agreement will be created calculation the new ADU(s) under rent control. Delight see a sample of the agreement here. The Regulatory Agreement will be edited by Planning staff to reflect project specific conditions, and is required to be fully executed prior to permit issuance.
* Find out how many units are currently on your property and how many units are allowed past using our Property Information Map.
State Programme
This program allows adding one ADU to an existing or proposed multi-family building. State Programme ADUs are the most flexible in that compliance with some of the Planning Lawmaking requirements (e.g. rear yard, exposure, etc.) is non required. They are just permitted on backdrop where at that place are no other ADUs.
- Types of ADUs allowed: Attached and Detached (may be new construction or converted from existing space)
- Number of ADUs allowed: maximum number of 1.
Hybrid Program*
This program allows adding ADU(south) to an existing multi-family unit building. This plan does non allow the add-on of ADUs to new structure of multi-family properties. Delight refer to Local or State Program for this option.
- Types of ADUs allowed: Conversion and Detached.
Number of ADUs allowed
The maximum number of ADUs immune is as follows:
- Conversion ADU: ane ADU is immune to catechumen an existing space or up to 25% of the existing number of units, whichever is greater.
- Discrete ADU: ii ADUs are allowed
ADUs demand to comply with Planning Code requirements (e.chiliad. rear chiliad, exposure, etc.), except for density. This means that these detached ADUs must be located within the buildable area of the property. For discrete ADUs allowed exterior of the buildable area, please see the State program.
* Due to specific language in the Government Lawmaking, San Francisco is interpreting State police differently from other Jurisdictions, which results with the Hybrid Plan. To learn more than, please contact us.
How does an ADU differ from a residential unit of measurement?
An ADU is a type of residential unit. ADUs are allowed to exceed the allowable density of a lot, which is divers by the zoning district. Some ADUs benefit from exceptions to certain Code requirements and crave act restrictions while density-conforming residential units do not. Check here to make up one's mind if an ADU is right for you.
Where can I put an ADU in my building?
Many ADUs are converted from existing storage or garage space. You may besides build an expansion, a stand up-lone structure, and add ADUs in conjunction with new construction, depending on the program. Please note that an ADU may not remove housing services, which includes garage, laundry room, storage space, etc., without a "just cause" reason to sever the housing service.
ADUs proposed under the Local Program must provide a Notice of Addition of ADU(south) to unit of measurement(southward) and a Declaration to the San Francisco Hire Board to ensure housing services are not removed without a "just cause" prior to submittal of a permit. It is recommended that the owner consult with an attorney.
Tin can I add rooms on the footing floor without creating an ADU
Yeah, y'all may create living space in your home without creating an ADU. You may need to sign the Unauthorized Dwelling Unit Affidavit when you lot are applying for your building let to make certain this space won't be used as another residential unit.
Which ADU program or blazon of ADU is best for me?
Each ADU program offers a variety of benefits. Typically, yous may be eligible to choice the program that all-time suits yous. Even so, depending on your belongings blazon, location of your ADU, or property history, y'all may just qualify for one ADU program.
You tin selection from a multifariousness of ADU types that are outlined here. After you've determined a type of ADU that you would similar to add, you lot can cheque which program offers your desired ADU and if your belongings qualifies by looking at the unmarried-family unit or multi-family unit tabs.
If you're still unsure, y'all can as well bank check with a planner past emailing us at CPC.ADU@sfgov.org.
I have an existing rear yard construction, what can I do with it?
Many rear grand structures can exist converted into an ADU if they are congenital with a building let or is an existing structure that is no longer immune under current zoning regulations. Expanding an existing rear yard structure is only allowed if it's located inside the buildable area of your belongings.
Depending on the existing construction, you may exist able to demolish and replace it with a new, freestanding, detached ADU that follows the required setbacks. If the existing construction is used as a legal or unauthorized residential unit, you lot will be required to receive Planning Commission's approval for a Provisional Use Authorization prior to demolishing the structure.
If yous're still unsure what to do with your existing construction, you can email us at CPC.ADU@sfgov.org.
What if there's been a contempo eviction in the building?
Under the Local Program, ADUs cannot be constructed in residential buildings that have had owner move-in evictions in the last v (5) years, or other no-mistake evictions in the final ten (10) years prior to the permit application. In case of temporary tenant evictions for capital improvements, in that location is no prohibition as long as a declaration from the property owner was submitted notifying the tenant of their correct to reoccupy the unit.
Evictions do non preclude adding an ADU(south) through the State or Hybrid programs.
Can I utilise my ADU for short-term rentals?
No. Accessory Home Units are ineligible for the Short-Term Rental program.
Can I sell my ADU?
Typically no; even so, some exceptions may apply. Specifically, ADUs added per the Local Programme to buildings undergoing soft-story seismic retrofitting (Mandatory per Chapter 4D of the Building Lawmaking or Voluntary per Section of Building Inspection Authoritative Bulletin No. 094) maintain eligibility to enter the condo-conversion programs, if such programs are bachelor in the future.
Review Procedure: What'south involved?
Please review the footstep-by-step process outlined here.
Does the Planning Department participate in Section of Building Inspection Pre-Application Meetings?
The Department of Edifice Inspection (DBI) holds Pre-Awarding and Pre-Addendum Plan Review Meetings in accordance with DBI Authoritative Bulletin AB-028. The Planning Department voluntarily participates in Pre-Application Meetings hosted by DBI for projects that suggest Accessory Dwelling Units (ADU).
The Planning Department's participation in these meetings is not subject to the procedure or requirements outlined in AB-028 and is provided equally a courtesy to the applicant to provide insight into Planning Department requirements in event at the time of the meeting. These requirements (including the Planning Code, policies, guidelines, etc.) may change over time. As such, the Planning Department's guidance and responses provided during the coming together, in follow-upwards communication, and/or reported in the meeting notes are intended to reflect requirements in effect at that time and practise not constitute an approval of the project, a concluding conclusion regarding Lawmaking-compliance, or an official Planning Code Estimation by the Zoning Administrator. The feedback provided is based on a preliminary review of information provided by the Applicant and is intended to be advisory only.
If needed, a formal written determination can exist requested from the Zoning Administrator through a Letter of Determination. For follow-upwards questions, please contact u.s..
I demand to make some changes to my approved ADU. How do I do that?
Changes to your canonical ADU drawings may require a new edifice permit application. Some changes can be approved at our Planning Counter while others require in-house review. To learn more than, please contact united states of america.
What are the benefits of the Local Plan?
ADUs in the Local Program may benefit from the post-obit:
- Streamlined review
- Opportunity to build unlimited ADUs on some multi-family lots or when going through some seismic retrofits
- Receive waivers from certain Planning Lawmaking requirements for existing buildings
Depending on your project, some ADUs in the Local Programme may exist subject to the Planning Department's review process and the Metropolis's rent control law. These ADUs will non only contribute to the City's housing stock, just too provides affordable housing units for center-class households.
What are the benefits of the State and Hybrid Programs?
ADUs in the State and Hybrid Programs do good from ministerial and streamlined review, which means they are subject to the following:
- 60-day review timeframe from date of consummate application
- No subjective design review, except for standards that foreclose adverse impacts on any existent property that is listed in the California Register of Historic Resources
- Not subject to review under the California Environmental Quality Act (CEQA)
- Not discipline to Planning Code Section 311 neighborhood notification requirements
- No discretionary review opportunity
- Shortened appeal window with appeals heard within 10-30 days of filing
- State law would prevent the City from subjecting some ADUs to the hire stabilization provisions (rent control) of the San Francisco Rent Ordinance.
Contact the City about your ADU
Email the ADU Team at CPC.ADU@sfgov.org
Please note that the information provided in our correspondence is based on Planning Department requirements in effect at the time of that advice and on a preliminary review of information provided by the requestor. Planning's requirements (including the Planning Code, policies, guidelines, etc.) may modify over time.
As such, the Planning Department's guidance and responses provided are intended to reverberate requirements in effect at that time and do not constitute an approval of the project, a concluding determination regarding Code-compliance, or an official Planning Lawmaking Estimation by the Zoning Administrator. The feedback provided is intended to be advisory just.
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Source: https://sfplanning.org/accessory-dwelling-units
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