Navigating the Confusing ADU Process

The term ADU, or accessory dwelling unit, has become ubiquitous in discussions about housing in San Francisco. But often, people don’t understand what it means other than that it’s a process to add an “in-law,” or another dwelling unit, But what does that really mean? You can find some some good resources on the SF Planning site, but those can be outdated or just overwhelming or confusing. They describe many different processes and paths but there’s no simple overview of what it means and what the implications are. And to make things even more confusing – in addition to a generous and mature San Francisco ADU program, there is also a state-mandated ADU program which supersedes local laws. So, we typically find that a broad overhead picture of the program is the most helpful place to start.

In a nutshell, an ADU is basically a legalized in-law (something that the government tried to get rid of until policy shifted towards creating more affordable housing). And the legislation that has formed around ADUs allows for ways to exceed or circumvent the basic planning allowances for the number of allowable dwellings on a site. Specifically, it allows us to exceed the allowable number of dwellings on a site, reduces the requirements, and expedites the process. For instance, we may be able to add a second unit to a site that would only be zoned for one unit. Or it could allow us to build a second unit on a site that is already zoned for two units, but going through the standard process would be overly restrictive. Additionally, the ADU process gives us breaks on things like open space and exposure to the outdoors. So sometimes, even though we could legally build a second unit, it may be physically impossible without doing it as an ADU.

In terms of the benefits of ADUs, they are prioritized with both San Francisco Planning and the CA State Government, so can happen at a much faster pace than a standard permit, without any neighborhood notification required. Another very powerful advantage of the ADU program is that it can make more challenging expansion projects more favorable or supportable by Planning. But it is also important to note that these easing of restrictions come with drawbacks: you can never condo an ADU, and you may be subject to restrictive rental laws.

Another important aspect that is often glazed over is the work needed to make an ADU legal. With all of the zoning allowances that exist, it still must be legalized with the building department, meeting all the egress, habitability and safety requirements and it must have its own utilities.

Lastly, ADUs can be very confusing based on just the sheer number of paths you can take. There is currently city-based and state-based legislation, and we may use either or a combination of both in San Francisco. They each have different benefits and drawbacks. One of the best resources I have found on the Planning site is this table, which breaks out the different programs.

Since this can be a complicated process with many nuances, it is always best to have an expert explain and handle the process. While we are very familiar with the ADU process and use it frequently as part of a larger project, there are other architects and consultants who specialize in converting and legalizing ADUs. If you’re looking for just an ADU legalized, we’d be happy to recommend someone who can help you. Please schedule an initial consultation if you would like to discuss further with us.

Our Feasibility Study is a great tool to figure out whether your project makes sense, and what path to take.

Benefits of adding an ADU:

- - Expedited process
  - Higher unit count
  - Lenience on some planning requirements (open space)
  - No neighbor notification required
  - Multiple program paths
  - Detached buildings
  - Greater planning support over larger projects
  - Allows you to work around size constraints in San Francisco Central Neighborhoods Special Use District

Drawbacks of adding an ADU:

- - Can never legalize as a second unit
  - Can’t convert to condo
  - Rental laws
  - Increased cost per s.f. & utility connections over keeping expansions single family

Paths you can take:

- - State program
  - City program
  - Hybrid program

Types of ADU:

- - Converted ADU
  - Attached ADU
  - Detached ADU
  - Junior ADU

Requirements:

- - Proper access from the street
  - Utilities
  - Access to open space light and air
  - Interior environment and code compliance (like ceiling height)

Process:

- - Determine which path to take based on your needs and property (via feasibility study)
  - Go through a design process, and prepare the required documents
  - Submit through the ADU division
  - Go through planning and building plan check

Timing: This can usually happen well within a year if your architect and planning are not backlogged

Resources:

San Francisco planning ADU program page

ADU Comparison Handout

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