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AMENDED IN COMMITTEE FILE NO. 190458 1/27/2020 ORDINANCE NO. 31-20 [Planning, Administrative Codes - North of Market Affordable Housing Fees and Citywide Affordable Housing Fund] Ordinance amending the Planning Code and the Administrative Code to abolish the North of Market Affordable Housing Fund! and have reflect the certain current affordable housing fee~ collected in conjunction with the North of Market Residential Special Use District affordable housing, and deposited such fee in the Citywide Affordable Housing Fund; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public convenience, necessity, and welfare under Planning Code, Section 302. 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 1'1ev,; Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial 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. Findings. (a) On June 13, 2019, the Planning Commission, in Resolution No. 20465, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. 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. 190458, and is incorporated herein by reference. (b) Pursuant to Planning Code Section 302, the 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. 20465, and incorporates such reasons by this reference Mayor Breed BOARD OF SUPERVISORS Page 1 thereto. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 190458. Section 2. Article 2 of the Planning Code is hereby amended by revising Section 263.7, to read as follows: SEC. 263.7. SPECIAL HEIGHT EXCEPTIONS: NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT. * * * * (d) Conditions. The Gityi--Planning Commission shall impose conditions on the approval of applications for conditional use authorization, required pursuant to Section 253 for buildings which exceed 40 feet in height in an R District, if such authorization includes a grant of an exception to the 80-foot base height limit, in order to mitigate the impact that such height exception is likely to have on the existing supply of affordable housing in the area. The condition shall require that the applicant pay a fee to the Gityi--Controller which shall be deposited in the Citywide }forth ofA1arket Affordable Housing Fund established in Administrative Code Section 10.100-49 (the "Fund"). (e) Fee. The fee required pursuant to &~ubsection (d) above shall be equal to the sum of $2-5-44 times the total gross square footage of floor space located above 80 feet in height as determined by the Zoning Administrator, as shown on the building plans. The fee shall be due and payable prior to the issuance of a temporary certificate of occupancy, unless the project sponsor agrees to and qualifies for participation in an amortized payment program, to be established by the Director of the Mayor's Office of Housing and Community E-eonemie Development (MOHCED) and the Director of City Planning, such program to be subject to subsequent review and approval by the City Planning Commission and the Board of Supervisors, which program would result in the City receiving an amount equivalent to the value of the contribution at the time the temporary certificate of occupancy is issued. Mayor Breed BOARD OF SUPERVISORS Page * * * * (g) 1Vorth of'Afarket Citywide Affordable Housing Fund. There is hereby established a separate fimd set aside for a special purpose called the "]'lorth oj}lfarket Afferdable Housing Fund ('P'und). "All fees monies collected by the Controller pursuant to this Section 263. 7 shall be deposited in the Fund, but the fees shall be separately accounted for and expended by MOHCD as provided in this Section. All monies fees collected under this Section and deposited in the Fund shall be used solely to stabilize, rehabilitate, and retain affordable housing in the North of Market Residential Special Use District. No fees collected under this Section portion <>fthe Fund may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any entity except for servicing cost related to participation in the amortized payment program. The Fund shall be administered by the Director of the A1ayor's Office ofHousing and Economic Community Development (A«JHECD). (h) Rules and Regulations for Implementation. The Director of MOHCED and the Director of City Planning shall prepare and submit to the Gi-ty-Planning Commission and the Board of Supervisors for review and approval such rules and regulations as may be necessary for the implementation of this Section. The Director of MOHCED and the Director City Planning shall further propose such amendments or additions to the rules and regulations that he or she determines to be necessary. Such amendments and additions shall include periodic revision of the fee to reflect current conditions. Section 3. Chapter 10 of the Administrative Code is hereby amended by revising Section 10.100-49, to read as follows: SEC. 10.100-49. CITYWIDE AFFORDABLE HOUSING FUND. (a) Establishment of Fund. The Citywide Affordable Housing Fund is established as a category eight fund to receive fee revenue dedicated to affordable housing and other contributions to the fund. The fund receives money from, among other sources: Mayor Breed BOARD OF SUPERVISORS Page (I) The North of Market Residential Special Use District, Planning Code Section 263. 7" fl-)Ql The Jobs Housing Linkage Program, Planning Code Section~ 413 et seq.; fJJal The lnclusionary Affordable Housing Program, Planning Code Section~ 415 et seq.; {J){jj_ The Market and Octavia Affordable Housing Program, Planning Code Section 416.5; (5) The Eastern Neighborhoods Area Plan Alternate Affordable Housing Fee, Planning Code Section 417.5,· f4}@ The Eastern Neighborhoods Housing FundL:- Planning Code Section 423.5; ~{ll The Expedited Condominium Conversion ProgramL:- Subdivision Code Section 1396.4; and, (6}@1 Repayments of loans and other program income associated with investments initially made with monies from the fund. * * * * Section 4. 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 5. 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 Ill Ill Mayor Breed BOARD OF SUPERVISORS Page the official title of the ordinance. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: KEITH NA AYAMA Deputy City Attorney n:\legana\as2019\1900437\01418686.docx Mayor Breed BOARD OF SUPERVISORS Page 5 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 190458 Date Passed: February 11, 2020 Ordinance amending the Planning Code and the Administrative Code to abolish the North of Market Affordable Housing Fund, and have certain affordable housing fees collected in conjunction with the North of Market Residential Special Use District deposited in the Citywide Affordable Housing Fund; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public convenience, necessity, and welfare under Planning Code, Section 302. July 15, 2019 Land Use and Transportation Committee - RECOMMENDED July 23, 2019 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Brown, Fewer, Haney, tv1andelman 1 tv1ai, Peskin, Ronen, Safai, Stefani, Walton and Yee July 23, 2019 Board of Supervisors - RE-REFERRED AS AMENDED Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee January 13, 2020 Land Use and Transportation Committee - CONTINUED January 27, 2020 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE January 27, 2020 Land Use and Transportation Committee - RECOMMENDED AS AMENDED February 04, 2020 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee February 11, 2020 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee Pagel Printed at 8:57 am 011 2112120 File No. 190458 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 2/11/2020 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 8:57 am on 2/12120