Ordinance amending the Planning Code to define a “Family” as a “Household,” eliminate numeric limits on unrelated family members and requirements that family members share meals, classify Residential Care Facilities that serve six or fewer persons as Residential Uses, include certain groups of six or fewer people and associated operators as a “Household”; clarify the Zoning Administrator’s enforcement authority to administratively subpoena documents; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302.

This ordinance, sponsored by Supervisors Mahmood, Sauter, Sherrill, Melgar, Dorsey, and Chen, significantly amends the Planning Code to modernize definitions of residential occupancy and align with state law. The changes were approved by the Planning Commission on November 13, 2025, and will become effective 30 days after enactment.

Key Provisions:

• Redefines "Family" as "Household": Eliminates previous numeric limits (e.g., maximum of five unrelated persons) and requirements for shared meals for unrelated individuals living together in a dwelling unit. This allows more flexibility for housemates.
• Two-Tiered "Household" Definition:
  • For existing Residential Uses (before ordinance effective date): A household is one or more persons (including dependents) with 24-hour access to a full kitchen, bathroom, private sleeping room, and circulation, who share at least one living expense.
  • For new Residential Uses (on or after ordinance effective date): Same criteria as above, plus the household must collectively maintain no more than nine leases, rental agreements, licenses, or other contractual agreements for exclusive use of the premises. This threshold helps distinguish dwelling units from Group Housing for inclusionary housing requirements.
• Residential Care Facilities (RCFs): RCFs serving six or fewer persons are reclassified as "Residential Uses" (previously "Institutional Uses"), aligning with state law. RCFs serving seven or more persons remain Institutional Uses.
• Zoning Administrator Authority: Clarifies the Zoning Administrator's power to issue administrative subpoenas to obtain documents, such as leases, necessary for investigating and enforcing Planning Code violations.

This ordinance aims to reflect diverse living arrangements, support housing affordability, and comply with fair housing laws. The Planning Department will monitor its implementation for 24 months after the effective date to assess any unintended consequences.

This ordinance provides greater flexibility for residents to live with housemates by removing outdated restrictions on the number of unrelated individuals and shared meal requirements. It also ensures that Residential Care Facilities serving six or fewer people are treated as residential homes, aligning with state law and supporting community-based care options.

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