Planning Commission approves code changes to align ADU rules with new state laws

The San Francisco Planning Commission on Sept. 28 approved changes to the city’s planning code meant to bring local accessory dwelling unit rules into compliance with new state law.

Planning Department staff said the amendment updates local regulations to reflect Assembly Bill 2221 and Senate Bill 897 and clarifies that state‑mandated ADUs are subject to a 60‑day approval clock, after which lack of action results in automatic approval. Staff also recommended a modification to exclude ADUs from local dwelling‑unit‑mix requirements, a change commissioners adopted.

Veronica Flores, Planning Department staff, told the commission the ordinance “focuses on bringing our local code to be consistent and compliant with state law” and that staff are already processing permits under the state standards. The department circulated a revised exhibit to incorporate the recommendation removing ADUs from unit‑mix rules.

Industry and advocacy speakers generally supported the change. Mark Hogan of OpenScope Studio, which helped write the city’s ADU handbook, said the amendment “is a great step forward” and urged further alignment between local and state programs to reduce confusion.

Commissioners’ questions centered on implementation details: tracking affordability and short‑term rental use of ADUs, status of a local ADU pilot program, and how state definitions such as “high‑quality transit corridor” affect allowable ADU heights. Staff explained that affordability data currently rely on a voluntary Department of Building Inspection screening form and that short‑term rental enforcement is partly proactive through a dedicated team that monitors platform listings.

The motion to approve staff’s recommendation, including the modification to exclude ADUs from dwelling‑unit‑mix requirements, passed 5–2 with Commissioners Imperial and Moore opposed. The department said it will return with an informational briefing in November on state bills and implementation implications.

Next steps: The ordinance and associated building‑code revisions will be scheduled with the Building Inspection Commission and then proceed to the Board of Supervisors.