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AMENDED IN BOARD FILE NO. 181046 1/15/2019 ORDINANCE NO. 15-19 [Planning Code - HOME SF Project Authorization] Ordinance amending the Planning Code to require additional findings for HOME-SF project authorizations; extending the application deadline for projects eligible for the HOME-SF temporary provisions; amending the fee for Affordable Housing Bonus Program projects; and affirming the Planning Department's determination under the California Environmental Quality Act; making findings of public necessity, convenience, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times 1'/mv Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1 . (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 181046 and is incorporated herein by reference. The Board affirms this determination. (b) On December 6, 2018, the Planning Commission, in Resolution No. 20349, adopted findings that the actions contemplated in this ordinance are consistent, on balance, Supervisor Safai BOARD OF SUPERVISORS Page 1 with the City's General Plan and eight priority policies of Planning Code Section 1 01.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 181046, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20349, and incorporates such reasons by this reference thereto. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 181046. 1 0 Section 2. The Planning Code is hereby amended by revising Section 102 and Section 206.3, to read as follows: SEC. 102. DEFINITIONS. * * * * "Development Application" shall mean any application for a building permit. site permit Conditional Use, Variance, Large Project Authorization, HOME-SF Project Authorization, authorization pursuant to Planning Code Sections 305.1, 309, 309.1, or 322, or for any other authorization of a development project required to be approved by the Zoning Administrator or Planning Commission. * * * * SEC. 206.3 HOUSING OPPORTUNITIES MEAN EQUITY- SAN FRANCISCO PROGRAM * * * * (e) Implementation. Supervisor Safai BOARD OF SUPERVISORS Page 2 (1) Application. An application to participate in the HOME-SF Program shall be submitted with the first application for approval of a Housing Project and processed concurrently with all other applications required for the Housing Project. The application shall be submitted on a form prescribed by the City and shall include at least the following information: (A) A full plan set, including a site plan, elevations, sections, and floor plans, showing total number of units, number of and location of HOME-SF Units; and a draft Regulatory Agreement; (B) The requested development bonuses and/or zoning modifications from those listed in subsection (d). (C) A list of all on-site family friendly amenities. Family friendly shall include, but are not limited to, dedicated cargo bicycle parking, dedicated stroller storage, open space and yards designed for use by children. (D) Documentation that the applicant has provided written notification to all existing commercial or residential tenants that the applicant intends to develop the property pursuant to this section 206.3 and has provided any existing commercial tenants with a copy of the Office of Economic and Workforce Development's Guide to Small Business Retention and Relocation Support. Any affected commercial tenants shall be given priority processing similar to the Department's Community Business Priority Processing Program, as adopted by the Planning Commission on February 12, 2015, under Resolution Number 19323, to support relocation of such business in concert with access to relevant local business support programs. (2) Procedures Manual. The Planning Department and MOHCD shall amend the Procedures Manual, authorized in Section 415, to include policies and procedures for the implementation, including monitoring and enforcement, of HOME-SF Units. As an Supervisor Safai BOARD OF SUPERVISORS Page to the Procedures Manual, such policies and procedures are subject to review and approval by the Planning Commission under Section 415. Amendments to the Procedures Manual shall include a requirement that project sponsors in specified areas complete a market survey of the area before marketing HOME-SF Units. (3) Notice and Hearing. HOME-SF Projects shall comply with Section 306 for review and approval. (4) Controls. HOME-SF Projects shall be governed by the procedures and timelines in Section 328. A HOME-SF Project shall be exempt {Yom any other discretionary approval process by the Planning Commission, including but not limited to a conditional use 1 0 authorization, unless that conditional use authorization requirement or other discretionary approval process was adopted by the voters o(San Francisco. !(a HOME-SF Project would otherwise require a conditional use authorization due to the type o[use or use size, or to provide parking in excess of what is principally permitted. then the Planning Commission shall make any findings or comply with any criteria required by such conditional use in its HOME-SF authorization under Section 328. (5) Regulatory Agreements. Recipients of development bonuses under this Section 206.3 shall enter into a Regulatory Agreement with the City, as follows. (A) The terms of the agreement shall be acceptable in form and content to the Planning Director, the Director of MOHCD, and the City Attorney. The Planning Director shall have the authority to execute such agreements. (B) Following execution of the agreement by all parties, the completed Regulatory Agreement, or memorandum thereof, shall be recorded and the conditions filed and recorded on the Housing Project. (C) The approval and recordation of the Regulatory Agreement shall take place prior to the issuance of the First Construction Document. The Regulatory Agreement shall be binding to all future owners and successors in interest. Supervisor Safai BOARD OF SUPERVISORS Page (D) The Regulatory Agreement shall be consistent with the guidelines of the City's lnclusionary Housing Program and shall include at a minimum the following: (i) The total number of dwelling units approved for the Housing Project, including the number of HOME-SF Units or other restricted units; (ii) A description of the household income group to be accommodated by the HOME-SF Units, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price. If required by the Procedures Manual, the project sponsor must commit to completing a market survey of the area before marketing HOME-SF Units; (iii) The location, dwelling unit sizes (in square feet), and number of bedrooms of the HOME-SF Units; (iv) Term of use restrictions for the life of the project;t (v) A schedule for completion and occupancy of HOME-SF Units; (vi) A description of any Concession, Incentive, waiver, or modification, if any, being provided by the City; (vii) A description of remedies for breach of the agreement (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement); and (viii) Other provisions to ensure implementation and compliance with this Section. * * * * (f) Temporary provisions,., for projects v1ith complete Environmental Evaluation Applications submitted prior to January 1, 2020. To facilitate the construction of HOME-SF projects, and based on information from the inclusionary housing study prepared for the Divisadero and Fillmore Neighborhood Commercial Transit District, in Board of Supervisors Supervisor Safai BOARD OF SUPERVISORS Page 5 File No. 151258, and the Office of the Controller's lnclusionary Housing Working Group final report (February 2016), the HOME-SF program shall include development incentives as specified in this subsection (f) based on the amount and level of affordability provided in this subsection (f). projects vvith complete Environmental Evaluation Applications submitted through December 31, 2019. For any development project that has submitted a complete development application Development Application Environmental Evaluation Application prior to January 1, 2020, subsections (c)(1) and (d)(1 ), (d)(2), and (d)(3) shall not apply, and the provisions in this subsection (f) shall apply. For any development project that submits a complete development application Development Application Environmental Evaluation Application on or after January 1, 2020, this subsection (f) shall Ret-apply until such time as it may be amended based on the Triennial Economic Feasibility Analysis established in Section 415.1 0 .. , and such projects shall comply with subsections (c)(1 ), (d)(1 ), (d)(2), and (d)(3). Section 3. The Planning Code is hereby amended by revising Section 328, to read as follows: SECTION 328. HOME-SF PROJECT AUTHORIZATION * * * * (g) Other Required Findings. Pursuant to Section 206.3(e)(4), a HOME-SF Project shall be exempt from any other discretionary approval process by the Planning Commission, including but not limited to a conditional use authorization, unless that conditional use authorization requirement or other discretionmy approval process was adopted by the voters o[San Francisco. ![a HOME-SF Project would otherwise require a conditional use authorization due to the type o[use or use size, then the Planning Commission shall make any findings or comply with any criteria required by such conditional use requirement. If a HOME-SF Project would otherwise require a conditional use Supervisor Safai BOARD OF SUPERVISORS Page 6 authorization to provide parking in excess of what is principally permitted, the Planning Commission shall make the findings required by Section 151.1 (f) as part of the Section 328 HOME-SF Project Authorization.Ija HOME SF Project othenvise requires a conditional ,use authorization due only to (1) a specific land use, (2) use size limit, or (3) requirement adopted by the voters, then the Planning Commission shall make allfindings and consider all criteria required by this Code for such use or use size as part oftllis HOkfE SF Project Authorization. II II Section 4. The Planning Code is hereby amended by revising Section 350, to read as follows: SECTION 350. FEES * * * * (b) Base Fees. The base fee to be charged and collected by the Department for each class of application, permit, filing request, activity, or service processed or performed by the Department are stated in Section 4 of Ordinance No. 149-16, available in Board of Supervisors File No. 160632 and on the website of the Board of Supervisors. The base fees stated in Section 4 of that ordinance are the fees in effect as of the date of introduction of the ordinance. ![the Board o[Supervisors adopts a new base fee, or modifies or deletes an existing base fee, the new or modified fee shall be included on the Planning Department Fee Schedule together with the applicable ordinance number. Section 5. This section is uncodified. The Planning Department Fee Schedule for Affordable Housing Bonus Program Projects shall be revised to read as follows: I II Supervisor Safai BOARD OF SUPERVISORS Page 7 (o) 100% Affordable Housing Bonus Program (Section 206). This fee shall not apply to projects approved under Section 206.4 or 206. 6. Projects approved under 206.6 shall comply with the Fee Schedule [or Planning Department review covered under other sections o(the Fee Schedule. For example, i[a project seeking review under Section 206.6 needs a Conditional Use authorization, the project would pay the fee required [or review o[a Conditional Use authorization. The initial fee amount is not to exceed 50% &jthe construction cost. A $120 surcharge shall be added to the fees for a conditional use or planned unit development to compensate the City for the costs of appeals to the Board of Supervisors [or Analyzed State Density Bonus Projects under Planning Code Section 206.5. Estimated Construction Cost Initial Fee "¥-e construction cost, exch1db'if5 extension e-fhours $-I,on.oo ""'le construction cost, extension o:f·hotws $7-2:4.00 I Wireless Telecommunications &f"'r:~ices fW+S) $5, OfJ!:. 00 $1.00 to $9,999.00 $724.00 $10,000.00 to $999,999.00 I $724.00 plus 0.328% of cost over $1 o,ooo.oq $1,000,000.00 to $4,999,999.00 $4,033.00 plus 0.391% of cost over $1,000,000.00 $5,000,000.00 to $9,999,999.00 $19,986.00 plus 0.328% of cost over $5,000,000.00 $10,000,000.00 to $19,999,999.00 $36,701.00 plus 0.171% of cost over $10,000,000.00 $20,000,000.00 or more $54,120.00 Supervisor Safai BOARD OF SUPERVISORS Page 8 Section 6. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 7. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DENNIS J. HER~ERA, City Attorney By: 't \ AODREY WILLIAMS PEARSON Deputy City Attorney n:\legana\as2019\1900189\01331114.docx Supervisor Safai BOARD OF SUPERVISORS Page 9 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 181046 Date Passed: January 29, 2019 Ordinance amending the Planning Code to require additional findings for HOME-SF project authorizations; extending the application deadline for projects eligible for the HOME-SF temporary provisions; amending the fee for Affordable Housing Bonus Program projects; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of public necessity, convenience, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 1 01.1. December 10, 2018 Land Use and Transportation Committee- AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE December 10, 2018 Land Use and Transportation Committee- CONTINUED AS AMENDED January 07, 2019 Land Use and Transportation Committee- RECOMMENDED January 15, 2019 Board of Supervisors- AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee January 15, 2019 Board of Supervisors- PASSED ON FIRST READING AS AMENDED Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee January 29, 2019 Board of Supervisors- FINALLY PASSED City and County of San Francisco Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee Pagel Printed at 11:58 mn onl/30/19 File No. 181046 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 1/29/2019 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed a/11:58 am onl/30/19