SEC. 207.10. MAXIMUM DWELLING UNIT SIZE.

(a) Purpose. To encourage new infill multi-family housing, limit the proliferation and expansion of large houses that do not increase the housing stock of moderately-priced units, support the preservation of existing housing that serves lower- and middle-income households, and encourage maximizing residential density, this Section 207.10 sets forth citywide maximum Dwelling Unit sizes.

(b) Applicability. This Section 207.10 applies to projects proposing to construct one or more Dwelling Units for which a Development Application is filed after January 31, 2026, and the project proposes any of the following:

(1) construction of new Dwelling Unit(s), including the construction of a Dwelling Unit where an existing unit is proposed for demolition as defined in Section 317(b)(2);

(2) merger of two or more Dwelling Units as defined in Section 317(b)(7); or

(3) reduction in the number of existing Dwelling Units.

(c) Requirements. Any project that meets one or more of the criteria in subsection (b) shall be restricted to a maximum Dwelling Unit size of 4,000 square feet of Gross Floor Area or an equivalent Floor Area Ratio for any individual Dwelling Unit of 1.2:1, whichever is greater, except in the following conditions:

(1) any new construction project of four to nine Dwelling Units, where not more than one Dwelling Unit exceeds 4,000 square feet of Gross Floor Area; or

(2) any new construction project of 10 or more Dwelling Units, where not more than 10% of such units exceed 4,000 square feet of Gross Floor Area.

(d) Conditional Use Authorizations for Projects that Fail to Comply with this Section. Projects that fail to comply with the objective standards in this Section 207.10 shall be considered non-code-compliant. If not otherwise prohibited by the Code, a project may exceed the maximum Dwelling Unit size, without satisfying the conditions in subsection (c), if the Planning Commission approves a Conditional Use Authorization for the larger Dwelling Unit(s).

(e) Conditional Use Criteria. In addition to the criteria outlined in Planning Code Section 303(c), in acting upon an application for Conditional Use Authorization, the Planning Commission shall consider whether facts are presented to establish based on the record before the Commission, that all of the following criteria are met:

(1) the proposed project meets applicable Residential Design Guidelines, Citywide Design Standards, and other applicable adopted guidelines or standards;

(2) the proposed project does not propose to reduce the size of any other existing Dwelling Unit or negatively impact the characteristics of a Residential Flat, as set forth in Section 317(g);

(3) the proposed project increases the number of Dwelling Units on the Lot and, if applicable, meets the applicable minimum density requirement under Section 207.9; and

(4) the proposed project will not have specific adverse impacts on a Historic Building as defined in Planning Code Section 102 or would render the property ineligible for historic designation as an individual or contributing resource.

(f) Calculation of Gross Floor Area. For the purposes of this Section 207.10, the following shall apply in the calculation of a Dwelling Unit’s total Gross Floor Area:

(1) Gross Floor Area shall have the meaning set forth in Planning Code Section 401;

(2) Shared spaces and common areas in multi-unit buildings shall not be included;

(3) Storage areas, sheds, or other enclosed areas on the property that are accessory to and assigned to a specific

Dwelling Unit but not contiguous with and directly accessible from the unit shall not be included; and

(4) Gross Floor Area shall include (A) all expansions of the Residential Building for which a building permit was issued within the previous 10 years, and (B) any Gross Floor Area resulting from construction performed without a validly issued permit regardless of the date of construction.

(Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026)