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FILE NO. 150969 AMENDED IN BOARD 5/23/2017 [Planning Code - Affordable Housing Bonus Programs] ORDINANCE NO. 116-17 Ordinance amending Planning Code, Section 206, to amend the 100 Percent Affordable Housing Bonus Program to add the Local Affordable Housing Bonus HOME-SF Program, the Analyzed State Density Bonus Program, and the Individually Requested State Density Bonus Program, to provide for development bonuses and zoning modifications for increased affordable housing, in compliance with, and above those required by the State Density Bonus Law, Government Code, Section 65915, et seq.; to establish the procedures in which the Local Affordable Housing Bonus HOME-SF Program shall be reviewed and approved; adding a fee for applications under the Program§; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of public convenience, necessity. 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 itelics Times Ne-w 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 Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 1 Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 150969 and is incorporated herein by reference. The Board affirms this determination. (b) On February 25, 2016 and June 30, 2016April 27. 2017, the Planning Commission, in Resolution Nos. 19578 and 19686 19903, 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. 150969, and is incorporated herein by reference. 1 O (c) Pursuant to Planning Code Section 302, this Board finds that this Planning Code Amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No~. 19578= aR9 19686, and 19903, and the Board incorporates such reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Section 206, to read as follows: SEC. 206. THE JOO PERCENT AFFORDABLE HOUSING BONUS PROGRAM~. This Section 206 and Sections 206.1through206.4 shall be kno·wn as the 100 Percent Affordable HoHSing Bonus Program. References to "Section 206" shall include Sections 206.1 through 206. 4. This section shall be known as the Affordable Housing Bonus Programs, which include the Local Affordable Housing Bonus HOME-SF Program, the 100 Percent Affordable Housing Bonus Program, the Analyzed State Density Bonus Program and the Individually Requested State Density Bonus Program. SEC. 206.1. PURPOSE AND FINDINGS. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page2 (a) The purpose of the 100 Percent Affordable Housing Bonus Program~ is to facilitate the development and construction of affordable housing in San Francisco. Affordable housing is of paramount statewide concern, and the Legislature has declared that local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. especially families. The Legislature has found that local governments must encourage the development of a variety of types of housing for all income levels, including multifamily rental housing and assist in the development of adequate housing to meet the needs of low-and moderate-income households. 1 O (b) Affordable housing is an especially paramount concern in San Francisco. San Francisco has one of the highest housing costs in the nation, but San Francisco's economy and culture rely on a diverse workforce at all income levels. It is the policy of the City to enable these workers to afford housing in San Francisco and ensure that they pay a reasonably proportionate share of their incomes to live in adequate housing and to not have to commute ever-increasing distances to their jobs. The Association of Bay Area Governments determined that San Francisco's share of the Regional Housing Need for January 2015 to June 2022 was the provision of 28,870 new housing units, with 6,234 (or 21.6%) as very low, 4,639 (or 16.1 %) as low, and 5,460 (or 18.9%) as moderate income units. (c) The Board of Supervisors, and the voters in San Francisco, have long recognized the need for the production of affordable housing. The voters, in some cases, and the Board in others, have adopted measures to address this need, such as mandatory lnclusionary Affordable Housing Ordinance in Planning Code Section 415; the San Francisco Housing Trust Fund, adopted in 2012, which established a fund to create, support and rehabilitate affordable housing, and set aside $20 million in its first year, with increasing allocations to reach $50 million a year for affordable housing; the adoption of Proposition K in November Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 3 2014, which established as City policy that the City, by 2020, will help construct or rehabilitate at least 30,000 homes, with more than 50% of the housing affordable for middle-income households, and at least 33% as affordable for low-and moderate income households; and the multiple programs that rely on Federal, State and local funding sources as identified in the Mayor's Office of Housing and Community Development Comprehensive Plan. These programs enable the City to work towards the voter-mandated affordable housing goals. (d) Historically, in the United States and San Francisco, affgrdable housing requires high levels ofpublic subsidy, including public investment and reliance on public dollars. Costs to subsidize an affordable housing unit vary greatly depending on a number o[factors, such as household income of the residents, the type of housing, and the cost to acquire land acquisition. Currently, MOHCD estimates that the level of subsidy for an affordable housing units is approximately $2-W350. 000 per unit. Given this high cost per unit, San Francisco can only meet its affordable housing goals through a combination o[increased public dollars dedicated to affgrdable housing and other tools that do not rely on public money. (e) Development bonuses incentives are a long standing zoning tool that enable cities to encourage private development projects to provide public benefits including affordable housing. By offering increased development potential, a project sponsor can offset the expenses necessary to provide additional public benefits. Jn I 979, the State of California adopted the Density Bonus Law, Government Code section 65915 et seq, which requires that density bonuses and other concessions and incentives be offered to projects that provide a minimum amount of on-site affordable housing. (d.fJ In recognition of the City's affordable housing goals, including the need to produce more affordable housing without the need (or public subsidies, the Planning Department contracted with David Baker Architects and Seifel Consulting to determine a menu of zoning modifications and development bonuses that could offset a private developer's costs of providing various levels of additional on-site affordable housing. These experts analyzed various Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page4 parcels in San Francisco, to determine the conditions in which a zoning accommodation would be necessary to achieve additional density. The analysis modeled various zoning districts and lot size configurations, consistent with current market conditions and the City's stated policy goals, including to achieve a mix of unit types, including larger units that can accommodate larger households. These reports are on file in Board of Supervisors File No. 160687. (eg) Based on these reports, the Planning Department developed a four program~ to provide tln option~ by which developers of 100% affordable housingprojects can include additional affordable units on-site in through increased density and other zoning or design 1 O modifications. These programs are the Local Affordable Housing Bonus HOME- SF Program, the 100 Percent Affordable Housing Bonus Program, the Analyzed State Density Bonus Program and the Individually Requested Bonus Program. Thispro-grarn is the 100 Percent Affordable Housing Bonus Program, ·which provides additional incenti'ves for developers a.fl 00% effordable housing projects, thereby reducing the o'?erall cost o,fsuch developments on aper unit basis. (h) The goal o[the Local Affordable HousingHOME-SF Program is to increase a([Ordable housingproduction, especially housing affordable to Middle Income middle income households. Housing for Middle Income Households middle income households in San Francisco is necessary to stabilize San Francisco's households and families, ensure income and household diversity in the long term population of San Francisco, and reduce transportation impacts of middle income households working in San Francisco. Middle income Middle Income households do not traditionally benefit from public subsidies. (i) The 100 Percent A(fordable Housing Bonus Program provides additional incentives for developers ofl 00% affprdable housing projects, thereby reducing the overall cost of such developments on a per unit basis. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 5 a> The Affordable Housing Bonus Program also establishes a clear local process (or all projects seeking the density bonuses guaranteed through the State Density Bonus Law. The State Analvzed Program provides an expedited process (or projects that comply with a pre-determined menu ofincentives, concessions and waivers of development standards that the Department has determined, in consultation with David Baker Architects and Seifel Consulting can appropriately respond to neighborhood context without causing adverse impacts on public health and safety, and provide affordable units through the City's already-established Inclusionary Housing Program. Projects requesting density or concessions, incentives and waivers outside of the City's preferred menu may seek a density bonus consistent with State law in the Individually Requested Density Bonus Program. (k) San Francisco's small business community is an integral part of San Francisco's neighborhood commercial corridors, local economy, and rich culture. San Francisco is committed to maintaining small businesses in its neighborhoods. For this reason, the Affordable Housing Bonus HOME-SF Program acknowledges the need for general assistance and support for any business that might be impacted. Developments using the Affordable Housing Bonus Program will generally produce additional commercial spaces which may enhance existing commercial corridors. The Office of Economic and Workforce Development (OEWD). in coordination with the Office of Small Business. currently coordinate on referrals to and deployment of a range of services to small businesses including but not limited to: small business consulting, lease negotiation assistance, small business loans, ADA Certified Access Specialists (CASp) inspection services. legacy business registrv, facade improvement assistance. commercial corridor management, grants and assessments, relocation and broker services for production. distribution and repair (PDR) businesses, business permit assistance, and coordination with city agencies. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 6 (I) In fiscal year 2016 - 2017 the Mayor's Office of Economic and VVorkforce Development OEWD and the Office of Small Business will initiate and coordinate the implementation of a citywide small business retention and relocation program. This program will provide additional small business consulting and case management. real estate readiness assessment. relocation assistance. broker services. real estate acquisition assistance. succession planning. legacy business grants and technical assistance. and restaurant sector permit coordination and assistance. SEC. 206.2. DEFINITIONS. The definitions of Section 102 and the definitions in Section 401 for "Area Median Income" or "AMI" "First Construction Document," "Housing Project," "Life ofthe Project," end "MOHCD," "On-site Unit," "Off-site Unit," "Principal Project," and "Procedures Manual" shall generally apply to Section 206. The following definitions shall also apply, and shall prevail if there is a conflict with other sections of the Planning Code. "100 Percent Affordable Housing Project" shall be a project where all of the dwelling units with the exception of the manager's unit are "Affordable Units" as that term is defined in Section 406(b). "Affordable to a Household ofLower, Very Low, or Moderate Income shall mean, at a minimum (1) a maximum purchase price that is affordable to a Household ofLower, Very Low, or Moderate Income, adjusted for the household size. assuming an annual payment for all housing costs of 33 percent o[the combined household annual gross income, a down payment recommended by the Mayor's Office of Housing and Community Development and set forth in the Procedures Manual, and available financing.· and (2) an atfprdable rent as defined in Section 50053 ofthe Health and Safety Code sufficient to ensure continued affordability of all very low and low-income rental units that qualified the applicant for the award o[the density bonus for 55 years or a longer period o[time if Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 7 required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidyprogram. "Affordable to a Household of Middle Income" shall mean, at a minimum, (1) a maximum purchase price that is affordable to a Household of Middle Income at 140% of Area Median Income, adjusted for the household size, assuming an annual payment for all housing costs of 33 percent of the combined household annual gross income, a down payment recommended by the Mayor's Office of Housing and Community Development and set forth in the Procedures Manual, and available financing; and (2) the maximum annual rent for an affordable housing unit shall be no more than 30% of the annual gross income for a 1 O Household of Middle Income at an Area Median Income of 120%, as adjusted for the household size, as of the first date of the tenancy. "Base Density" is lot area divided by the maximum lot area per unit permitted under existing density regulations (e.g 1 unit per 200, 400, 600, 800, or 1000 square feet of lot area). Calculations that result in a decimal point o(0.5 and above are rounded to the next whole number. In the Fillmore Neighborhood Commercial Transit District and the Divisadero Neighborhood Commercial Transit District, "Base Density" shall mean 1 unit per 600 square feet of lot area. "Density Bonus" means a density increase over the Maximum Allowable Gross Residential Density granted pursuant to Government Code Section 65 915 and Section 206 et seq. "Density Bonus Units" means those market rate dwelling units granted pursuant to the provisions o(tJ:Hs. Sections 206. 3, 206. 5 and 206. 6 that exceed the otherwise Maximum Allowable Gross Residential Density [or the development site. "Development Standard" shall mean a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open space requirement, or an accessory parking ratio that applies to a residential development pursuant Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 8 to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution or regulation. "HOME-SF Unit" shall mean on-site income restricted residential units provided within a HOME-SF project that a-meets the requirements set forth in Planning Code Section 206.3. "Household of Middle Income" shall mean a household whose combined annual gross income for all members does not exceed 140% of /\Ml to qualify for ovmership housing and 120% of /\Ml to qualify for rental housing'" "Inclusionary Units" shall mean on-site income-restricted residential units provided within a development that meet the requirements ofthe Inclusionary Affordable Housing Program. Planning Code Section 415 et seq. "Lower!. & Very Low. or Moderate Income" means annual income of a household that does not exceed the maximum income limits for the income category, as adjusted for household size, applicable to San Francisco, as published and periodically updated by the State Department of Housing and Community Development pursuant to Sections 50079.51- & 50105 or 50093 of the California Health and Safety Code. Very Low Income is currently defined in California Health and Safety Code Section 50105 as 50% of area median income. Lower Income is currently defined in California Health and Safety Code Section 50079.5 as 80% of area median income. Moderate Income is currently defined in California Health and Safety Code Section 50093 as 120% of area median income. If the State law definitions of these terms change, the definitions under Section 206 shall mirror the State law changes. ''Maximum Allowable Gross Residential Density" means the maximum number of dwelling units per square foot of!ot area in zoning districts that have such a measurement, or. in zoning districts without such a density measurement, the maximum number of dwelling units that could be developed on a property while also meting all other applicable Planning Code requirements and Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 9 design guidelines., and 'Nithout obtaining an exception, modification, variance, or 'Naiver from the Zoning /\dministrator or Planning Commission for any Planning Code requirement_ "Middle Income Unit" shall mean a residential unit affordable to a Household of Middle Income. "Qualifying Resident" means senior citizens or other persons eligible to reside in a Senior Citizen Housing Development. "Regulatory Agreement" means a recorded and legally binding agreement between an applicant and the City to ensure that the requirements o[this Chapter are satisfied. The Regulatory Agreement, among other things, shall establish: the number of Restricted Affordable Units, their size, location, terms and conditions of affordability, and production schedule. "Restricted Affordable Unit" means a dwelling unit within a Housing Project which will be Affordable to Very Low, Lower or Moderate Income Households, as defined in this Section 206. 2 (Or a minimum of55 years. Restricted Affordable Units shall meet all of the requirements of Government Code 65 915, except that Restricted Affordable Units that are ownership units shall not be restricted using an equity sharing agreement. " "Senior Citizen Housing Development" has the meaning in Cali(Ornia Civil Code Ssection 51.3. SEC. 206.3. HOUSING OPPORTUNITIES MEAN EQUITY - SAN FRANCISCO Housing Opportunities Mean Equity San Francisco LOCAL AFFORDABLE HOUSING BONUS PROGRAM. (a) Purpose. This Section sets (Orth the HOME-SF Local /\ffordable Housing Bonus Program. The Local /\ffordable Housing Bonus HOME-SF Program or "HOME-SF" "Local Program" provides benefits to project sponsors of housing projects that set aside a total of30% of residential units onsite at below market rate rent or sales price., including a percentage of units affordable to lmv and moderate income households consistent with Section 415, the Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 10 lnclusionary Housing Program, and the remaining percentage affordable to a range of incomes as described in Section 206.3(c)(2). Household of Middle Income. The purpose etthe Local Affordable Housing Bonus Program of HOME-SF is to expand the number oflnclusionary tJ.A..its below market rate units produced in San Francisco and provide housing opportunities to a wider range ofincomes than traditional affgrdable housingprograms, such as the City's lnclusionarv Affordable Housing Program, Planning Code sSection 415 et seq. which typically provide housing only (or very low, low or moderate income households. The purpose of HOME-SF also is to provide an alternative method of complying with the on-site inclusionarv option set forth in Section 415.6. The Local Program HOME-SF allows market-rate projects to match the City's shared Proposition K housing goals that 50% of new housing constructed or rehabilitated in the City by 2020 be within the reach of working middle class San Franciscans, and at least 33% affordable for low and moderate income households. {b) Applicabilitv. A Local Affordable Housing Bonus HOME-SF Project or "Local Project" under this Section 206.3 shall be a project that: (1) contains three or more residential units, as defined in Section 102, not including any Group Housing as defined in Section 102, efficiency dwelling units with reduced square footage defined in Section 318, and Density Bonus Units permitted through this Section 206. 3, or any other density bonus: (2) is located in any zoning district that: (A) is not designated as an RH-1 or RH-2 Zoning Districts,· and {B) establishes a maximum dwelling unit density through a ratio of number of units to lot area, includingRH-3, RM RC. C-2, Neighborhood Commercial, Named Neighborhood Commercial, Chinatown Mixed Use Districts, and SoMa Mixed Use Districts: but only i[the SoMa Mixed Use District has a density measured by a maximum number of dwelling units per square foot of lot area: (C) is in the Fillmore Neighborhood Commercial Transit District and Divisadero Neighborhood Commercial Transit District;_aru:l-.(9C) is not in the North of Market Residential Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 11 Special Use District, Planning Code Section 249.5 until the Affordable Housing Incentive Study is completed at which time the Board will review whether the North o[Market Residential Special Use District should continue to be excluded from this Program. The Study will explore opportunities to support and encourage the provision of housing at the low. moderate, and middle income range in neighborhoods where density controls have been eliminated. The goal o(this analysis is to incentivize increased affordable housing production levels at deeper and wider ranges of AMI and larger unit sizes in these areas through 100% affordable housing development as well as below market rate units within market rate developments,· aRdJEDl is not located within the boundaries of the Northeastern Waterfront Area Plan south of the centerline of Broadway: and (~El is not located on property 1 O under the jurisdiction of the Port of San Francisco: aR€I-, (3) is not seeking and receiving a density or development bonus under the provisions of California Government Code Section 65915 et seq, Planning Code Section 207, Section 124(j), Section 202.2(j), 304. or any other State or local program that provides development bonuses,· (4) includes at least 135% ofthe Base Density as calculated under Planning Code Section 206. 5; (5) in Neighborhood Commercial Districts is not a project that involves merging lots that result in more than 125 feet in lot frontage (or projects located; aRd (6) consists GR-ly of new construction, and excluding any project that includes an addition to an existing structure-:~ (7) is not located within the boundaries of the Northeastern VVaterfront Area Plan south of the centerline of Broad 1.vay.~ !87) complies with the on-site lnclusionarv Affordable Housing option set forth in Planning Code Section 415.6: provided however. that the percentage of affordable units and the required affordable sales price or affordable rents set forth in Section 415.6(a) shall be as provided in this Section 206.3:.; and, Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 12 f98) if any retail use is demolished or removed. does not include a Formula Retail use. as defined in Section 303. 1, unless the retail use demolished or removed was also a Formula Retail Use, or was one of the following uses: Gas Stations, Private or Public Parking Lots, Financial Services, Fringe Financial Services, Self Storage, Motel, Automobile Sales or Rental, Automotive Wash, Mortuaries, Adult Business, Massage Establishment. Medical Cannabis Dispensarv, and Tobacco Paraphernalia Establishment. as those uses are defined in Planning Code Section 102; aruh (9) if located north of the centerline of Post Street and east of the centerline of Van Ness Avenue, all otherwise eligible HOME-SF Projects shall only be permitted on: 1 O (A) lots containing no existing buildings; or (8) lots equal to or greater than 12,500 square feet where existing buildings are developed to less than 20% of the lot's principally permitted buildable gross floor area as determined by height limits, rear yard requirements and required setbacks: and -:T-9f (C) lots occupied by Gas Stations, Private or Public Parking Lots, Financial Services, Fringe Financial Services, Formula Retail, Self Storage, Motel, Automobile Sales or Rental, Automotive 'Nash, Mortuaries, Adult Business, Massage Establishment, Medical Cannabis Dispensary, and Tobacco Paraphernalia Establishment, as those uses are defined in Planning Code Section 102. (10) if the City enacts an ordinance directing the Planning Department to study the creation of a possible area plan wholly or partially located in Supervisorial District 9, HOME-SF Projects shall not be permitted in any area in Supervisorial District 9 listed in the ordinance until such time as the City enacts the area plan. &Local Affordable Housing Bonus HOME-SF Project Eligibility Requirements. To receive the development bonuses granted under this Section, a beeal HOME-SF Project must meet all of the following requirements: Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 13 (1) Comply 1.vith the lnclusionary /\ffordable Housing Program, Section 415 of this Code, by providing the applicable number of units on site under Section 415.6. for projects not subject to the lnclusionary /\ffordable Housing Program, the applicable number of on site units under this section shall be zero. If the Dial /\lternative currently proposed in an ordinance in Board of Supervisors file No. 150911 is adopted and permits a project sponsor to provide more lnclusionary Units at higher /\Mis than currently required (referred to as "dialing up"), a project sponsor may dial up and meet the requirements of this subsection (D). If the Dial Alternative of the lnclusionary /\ffordable Housing Program is ever amended to allow a project sponsor to provide fev1er lnclusionary Units at lmver /\Mis than currently 1 O required (referred to as "dialing down"), then a Project cannot qualify for this Section 206.5 if it elects to dial dmvn;_ @1) Provide 30% of units in the an additional percentage of affordable units in the_besru HOME-SF Project as Middle Income HOME-SF Units. as defined herein . .,_ such that the total percentage of lnclusionary Units and Middle Income HOME Sf Units equals 30%. The Middle Income HOME-SF Units shall be restricted tor the Life o[the Project and shall comply with all o[the requirements o[the Procedures Manual authorized in Section 415 except as otherwise provided herein. /\ny unit required to satisfy requirements of Section 415 shall be affordable to a household in the income categories specified in Section 415. /\dditional=::f=e.A Twelve percent of HOME-SF Units that are Owned Units shall have an average affordable purchase price set at 120% of Area Median Income, with units equally distributed at 90 80% of Area Median Income; 4-09% shall have an average affordable purchase price set at-1-2-0--105% of Area Median Income; and 4-09% shall have an average affordable purchase price set at 440 130% of Area Median Income. ::f=e.A Twelve percent of HOME-SF Units that are rental units shall have an average affordable rent set at 55% of Area Median Income: 4-09% shall have an average affordable rent set at 80% of Area Median Income: and 4-09% shall have an average Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 14 affordable rent set at 110% of Area Median Income. , 120% of Area Median Income and 140% of /\rea Median Income. Additional HOME SF Units that are Rental Units shall have an average affordable rent set at 80% or less of Area Median Income, with units equally distributed among households earning 55% of /\rea Median Income, 80% of Area Median Income, and 110% of /\rea Median Income. All HOME-SF Units must be marketed at a price that is at least 20% less than the current market rate for that unit size and neighborhood. and MOHCD shall reduce the Area Median Income levels set forth herein in order to maintain such pricing. As provided for in subsection (e), the Planning Department and MOHCD shall amend the Procedures Manual to provide policies and procedures (or the implementation, including monitoring 1 O and enforcement. o(the Middle Income units HOME-SF Units,:_ @~) Demonstrate to the satisfaction o(the Environmental Review Officer that the HOME-SF becal Project does not: (A) cause a substantial adverse change in the significance of an historic resource as defined by California Code ofRegulations, Title 14, Section 15064.5.,~ {B) create new shadow in a manner that substantially affects outdoor recreation facilities or other public areas; and (C) alter wind in a manner that substantially affects public areas; {4~) All HOME-SF units shall be no smaller than the minimum unit sizes set forth by the California Tax Credit Allocation Committee as of May 16. 2017. In addition. Nnotwithstanding any other provision of this Code, Inclusive of lnclusionary Units and Middle Income UnitsHOME-SF projects shall provide a minimum dwelling unit mix of (A) at least 40% two and three bedroom units. including at least 10% three bedroom units, , provides either V\) a minimum unit mix of at least 40% of all units as t\vo bedroom units or larger; or {B) any unit mix which includes some three bedroom or larger units such that 50% of all bedrooms within the Local HOME-SF Project are provided in units with more than one bedroom. Larger units should be Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 15 distributed on all floors, and prioritized in spaces adjacent to open spaces or play yards. Projects that include Units with two or three bedrooms ooits--are encouraged to incorporate family friendly amenities. Family friendly amenities shall include, but are not limited to, bathtubs, dedicated carao bicycle parking, dedicated stroller storage, open space and yards designed for use by children. Local HOME-SF Projects are not eligible to modiry this requirement under Planning Code Section 303fil, 328, or any other provision ofthis Code,· aRtl, (5) Provides replacement units for any units demolished or removed that are subject to the San Francisco Rent Stabilization and Arbitration Ordinance, San Francisco Administrative Code Section 37, or are units qualifying for replacement as units being 1 O occupied by households of Low or Very Lrnu Income, consistent with the requirements of Government Code section 65915(c)(3). !Ml Does not demolish, remove or convert any residential units,: and !e5) Includes at the ground floor level active uses, as defined in Section 145.1. at the same square footages as any neighborhood commercial uses demolished or removed. unless the Planning Commission has granted an exception under Section 303(st)(2)(G). (d) Development Bonuses. Any Local HOME-SF Project shall, at the project sponsor's request, receive any or all ofthe following: (1) Form based densi[V. Notwithstanding any zoning designation to the contrary, density ofa beeal HOME-SF Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, including any additional height allowed by subsection (d)(2), Bulk, Setbacks. Required Open Space, Exposure and unit mix as well as applicable design guidelines, elements and area plans ofthe General Plan and design review. including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 328, as determined by the Planning Department. Mayor Lee; Supeniisors Tang, Safai BOARD OF SUPERVISORS Page 16 (2) Height. Up to 20 additional feet above the height authorized for the beeat HOME- SF Project under the Height Map ofthe Zoning Map. This additional height may only be used to provide up to two additional 10-foot stories to the project, or one additional story of no more than 10 .feet in height. Building features exempted from height controls under Planning Code Section 260(b) shall be measured from the rooflevel ofthe highest story provided under this section. (3) Ground Floor Ceiling Height. In addition to the permitted height allowed under (d){2), Local HOME-SF Projects with active uses on the ground floor as defined in Section 145.1 (b)(2) shall receive up to a maximum of.§ five additional feet in height above the height limit, in addition to the additional 20 feet granted in subsection (2) above. However, the additional §five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional §five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20. (4) Zoning Modifications. HOME-SF Local l\ffordable Housing Bonus Projects may select up to three ofthe following zoning modifications: (A) Rear yard: The required rear vard per Section 134 or any applicable special use district may be reduced to no less than 20% percent of the lot depth, or 15 feet, whichever is greater. Corner properties may provide 20% percent ofthe lot area at the interior corner ofthe property to meet the minimum rear yard requirement, provided that each horizontal dimension ofthe open area is a minimum ofl 5 feet; and that the open area is wholly or partially contiguous to the existing midblock open space, if any, formed by the rear yards of adjacent properties. (B) Dwelling Unit Exposure: The dwelling unit exposure requirements of Section 140(a){2) may be satisfied through quali"fj;ing windows (acing an unobstructed open area that is no less than 25 feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 17 (C) Off-Street Loading: Off-street loading spaces per Section 152 shall not be required. (D) Automobile Parking: Up to a 7 5% reduction in the residential and commercial parking requirements in Section 151 or any applicable special use district. (E) Open Space: Up to a 5% reduction in common open space ifprovided under Section 135 or any applicable special use district. (F) Additional Open Space: Up to an additional 5% reduction in common open space ifprovided under Section 135 or any applicable special use district, beyond the 5% provided in subsection (E) above. (G) Inner Courts as Open Space: In order (Or an inner court to qualifj; as use able common open space, Section 13 5 (g) (2) requires it to be at least 20 feet in every horizontal dimension, and (Or the height ofthe walls and projections above the court on at least three sides (or 75% percent ofthe perimeter, whichever is greater) to be no higher than one toot for each f(Jot that such point is horizontally distant ftom the opposite side ofthe clear space in the court. HOME-SF Local Affordable Housing Bonus Projects may instead provide an inner court that is at least 25 feet in every horizontal dimension, with no restriction on the heights of adjacent walls. All area within such an inner court shall qualifj; as common open space under Section 135. (e) Implementation. (I) Application. The following procedures shall govern the processing of a request for a project to qualify under the Local Program. f:A) An application to participate in the HOME-SF -Lecal Program shall be submitted with the first application (Or approval of a Housing Project and processed concurrently with all other applications required for the Housing Project. The application shall be submitted on a (Orm prescribed by the City and shall include at least the f(Jllowing inf(Jrmation: Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 18 682 A full plan set. including a site plan, elevations, sections and floor plans, showing total number of units, number of and location oflnclusionary Units, and Middle Income HOME-SF Units: and a draft Regulatory Agreement; (ii) The number of dwelling units which are on the property, or if the d'i.velling units have been vacated or demolished in the five year period preceding the application, have been and •.vhich were subject to a recorded covenant, ordinance, or lmv that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the City or other public entity's valid exercise of its police pmver; or occupied by lmver or very lrnu income households; and 1 O (iii) If the property includes a parcel or parcels in 1Nhich dwelling units under subsection (ii) are located or 'Nere located in the five year period preceding the application, the type and size of those units, and the incomes of the persons or families occupying those units. (w§) 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 amenities shall include. but are not limited to, dedicated carob bicycle parking, dedicated stroller storage. open space and yards designed for use by children. .(BQ) 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 and has provided any existing commercial tenants with a copy of the Mayor's 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 SaR Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 19 Francisco 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, oftRe HOME-SF Units. Middle Income tl-Rit& As an amendment 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 o(the area before marketing Middle Income Units HOME-SF Units. All HOME SF Units=affordable 1 O units that are affordable to households between 120 and 140% of AMl_must be marketed at a price that is at least 20% less than the current market rate for that unit size and neighborhood, in addition to any other applicable Program requirements and MOHCD may reduce the Area Median Income levels set forth in subsection (c)(2) in order maintain such pricing. (3) Notice and Hearing. besalHOME-SF Projects shall comply with Section ~2Q§ fOr review and approval. (4) Controls. hesal HOME-SF Projects shall be governed by the conditional use procedures of Section 303. comply i.vith Section 328.Not\vithstanding any other provision of this Code, no conditional use authorization shall be required for a Local Project unless such conditional use requirement 'Nas adopted by the voters. (5) RegulatoryAgreements. Recipients of development bonuses a Density Bonus, Incentive, Concession, waiver, or modification under this Section 206.3 shall enter into a Regulatory Agreement with the City, as follows. (A) The terms o(the agreement shall be acceptable in (orm and content to the Planning Director, the Director o[MOHCD, and the City Attorney. The Planning Director shall have the authority to execute such agreements. Mayor Lee; Supervisors Tang, Safa! BOARD OF SUPERVISORS Page 20 (B) Following execution o[the agreement by all parties, the completed Density Bonus Regulatory Agreement, or memorandum thereol shall be recorded and the conditions filed and recorded on the Housing Project. (C) The approval and recordation o[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. (D) The Regulatory Agreement shall be consistent with the guidelines o[the City's Inclusionary Housing Program and shall include at a minimum the following: (i) The total number of dwelling units approved for the Housing Project, 1 O including the number of Restricted Affordable Units, lnclusionary Units, HOME-SF Units Middle Income Units or other restricted units; (ii) A description ofthe household income group to be accommodated by the Restricted Affordable Units, lnclusionary Units and HOME-SF Units. and the standards for determining the correspondingAffordable Rent or Affordable Sales Price. If required by the Procedures Manual, the +he project sponsor must commit to completing a market survey ofthe area before marketing Middle lncomeHOME-SF Units. All affordable units that are affordable to households bet\veen 120 and 140% of AMI HOME SF Units must be marketed at a price that is at least 20% less than the current market rate for that unit size and neighborhood, in addition to any other applicable Program requirements and MOHCD may reduce the Area Median Income levels set forth in subsection (c)(21) in order maintain such pricing;_ (iii) The location, dwelling unit sizes (in square feet), and number of bedrooms ofthe lnclusionary Units and HOME-SF UnitsRestricted Affordable Units;_ (iv) Term of use restrictions (Or the life of the project. Restricted Affordable Units of at least 55 years for Moderate Income units and at least 55 years for Low and Very Lm.v units;_ Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 21 (v) A schedule for completion and occupancy oflnclusionary Units and HOME-SF UnitsRestricted Affordable Units,:. (vi) A description of any Concession, Incentive, waiver, or modification, if any, being provided by the City,· (vii) A description ofremedies for breach o[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. SEC. J06..J206.4. THE 100 PERCENT AFFORDABLE HOUSING BONUS PROGRAM. * * * * (d) Implementation. (1) Application. The following procedures shall govern the processing of a request for a project to qualify under the 100 Percent Affordable Housing Bonus Program. (A) An application to participate in the 100 Percent Affordable Housing Bonus 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: * * * * (iv) Documentation that the applicant has provided written notification to all existing commercial tenants that the applicant intends to develop the property pursuant to this section 206.~. Any affected commercial tenants shall be given priority processing similar to the Department's Community Business Priority Processing Program, as adopted by the Planning Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 22 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. In no case may an applicant receive a site permit or any demolition permit prior to 18 months from the date of written notification required by this subsection 206.~(d)(1 )(B); and * * * * SEC. 206.5. STATE RESIDENTIAL DENSITY BONUS PROGRAM: ANALYZED (a) Purpose.7 Sections 206.5, 206. 6, and 206. 7 shall be referred to as the San Francisco State Residential Density Bonus Program or the State Density Bonus Program. First, the Analyzed State 1 O Density Bonus Program in Section 206. 5 offers an expedited process tor projects that seek a density bonus that is consistent with the pre-vetted menu ofincentives, concessions and waivers that the Planning Department and its consultants have already determined are feasible, result in actual cost reductions, and do not have specific adverse impacts upon public health and safety o[the physical environment. Second the Individually Requested State Density Bonus Program in Section 206. 6 details the review, analysis and approval process tor any project seeking a density bonus that is consistent with State Law, but is not consistent with the requirements tor the Analyzed State Density Bonus Program established in Section 206. 5. Third, Sections 206. 71 describes density bonuses available under the State code tor the provision of childcare facilities. This Section 206. 5 implements the Analyzed State Density Bonus Program or "Analyzed State Program. " The Analyzed State Program offers an expedited process for projects that seek a density bonus that is consistent with, among other requirements set forth below, the pre-vetted menu of incentives, waiver and concessions. {b) Applicabilitv.7 (1) A Housing Project that meets all of the requirements ofthis subsection (b)(l) or is a Senior Housing Project meeting the criteria of (b)(2) shall be an Analyzed State Density Bonus Project Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 23 or an "Analyzed Project" for purposes of Section 206 et seq. A Housing Project that does not meet all o(the requirements o(this subsection (b), but seeks a density bonus under State law may apply (or a density bonus under Section 206. 6 as an Individually Requested State Density Bonus Project. To qualifj; (or the Analyzed State Density Bonus Program a Housing Project must meet all ofthe .following: (A) contain five or more residential units, as defined in Section 102, not including any Group Housing as defined in Section 102, etflciency dwelling units with reduced square footage defined in Section 318. and Density Bonus Units permitted through this Section 206. 5 or other density program; 1 O (B) is not seeking and receiving a density or development bonus under Section 207,· the HOME-SF Local Affordable Housing Bonus Program, Section 206.3; the 100 Percent Affordable Housing Bonus Program, Section 206.4; or any other local or State density bonus program that provides development bonuses,· (C) for projects located in Neighborhood Commercial Districts is not seeking to merge lots that result in more than 125 in lot frontage on any one street; (D) is located in any zoning district that: (i) is not designated as an RH-I or RH-2 Zoning District; (ii) establishes a maximum dwelling unit density through a ratio of number of units to lot area, including but not limited to, RH-3, RM RC. C-2, Neighborhood Commercial, Named Neighborhood Commercial, Chinatovm Mixed Use Districts, and SoMa Mixed Use Districts. but only i(the SoMa Mixed Use District has a density measured by a maximum number of dwelling units per square foot oflot area; (iii) is in the Fillmore Neighborhood Commercial Transit District and Divisadero Neighborhood Commercial Transit District;_a-AG__(Qiii) is not in the North of Market Residential Special Use District, Planning Code Section 249. 5 until the Affordable Housing Incentive Study is completed at which time the Board will review whether the North o[Market Residential Special Use District should continue to be excluded from this Program. The Study will explore Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 24 opportunities to support and encourage the provision of housing at the low, moderate, and middle income range in neighborhoods where density controls have been eliminated. The goal of this analysis is to incentivize increased affordable housing production levels at deeper and wider ranges of AMI and larger unit sizes in these areas through 100% affgrdable housing development as well as below market rate units within market rate developments,· aA€1-J€iv) is not located within the boundaries of the Northeastern Waterfront Area Plan south of the centerline of Broadway: and (-F-v) is not located on property under the jurisdiction of the Port of San Francisco: (E) is providing all Inclusionary Units as On-site Units under Section 415. 6-:-lf the Dial Alternative currently proposed in an ordinance in Board of Supervisors File No. 1 O 150911 is adopted and permits a project sponsor to provide more lnclusionary Units at higher /\Mis than currently required (referred to as "dialing up"), a project sponsor may dial up and meet the requirements of this subsection (D). If the Dial Alternative of the lnclusionary Affordable Housing Program is ever amended to allow a project sponsor to provide fev1er lnclusionary Units at lower /\Mis than currently required (referred to as "dialing down"), then a Project cannot qualify for this Section 206.5 if it elects to dial down,:, {F) includes a minimum of nine foot ceilings on all residential floors: (G) is seeking only Concessions or Incentives set forth in subsection (c)(4): (H) is seeking height increases only in the form of a waiver as described in subsection (c){5 ); a-nd, {ll_Gdoes not demolish. remove. or convert any residential units: aruh provides replacement units for any units demolished or removed that are subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance, San Francisco Administrative Code Section 37, or are units qualifying for replacement as units being occupied by households of lmv or very lmv income, consistent 1.vith the requirements of Government Code section 65915(c)(3). Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 25 (J) consists only of new construction. and excluding any project that includes an addition to an existing structure;-: (K) includes at the ground floor level active uses. as defined in Section 145. 1 at the same square footages as any neighborhood commercial uses demolished or removed; (L) if any retail use is demolished or removed. does not include a Formula Retail use, as defined in Section 303. 1, unless the retail use demolished or removed was also a Formula Retail use, or one of the following uses: Gas Stations. Private or Public Parking Lots, Financial Services, Fringe Financial Services, Self Storage, Motel, Automobile 1 O Sales or Rental, Automotive Wash, Mortuaries, Adult Business, Massage Establishment Medical Cannabis Dispensarv, and Tobacco Paraphernalia Establishment, as those uses are defined in Planning Code Section 102; (M) all on-site income-restricted residential units in the Housing Project are no smaller than the minimum unit sizes set forth by the California Tax Credit Allocation Committee as of May 16, 2017; and (N) notwithstanding any other provision of this Code. includes a minimum dwelling unit mix of at least 40% of all units as two or three bedroom units, including at least 10% of units as three bedroom units. Larner units should be distributed on all floors, and prioritized in spaces adjacent to open spaces or play yards. Units with two or three bedrooms should incoroorate family friendly amenities, including bathtubs, dedicated carao bicycle parking, dedicated stroller storage, and open space and yards designed for use by children. (2) A Senior Housing Project, as defined in Section 102, may quali-{j; as an Analyzed State Density Bonus Project ifit follows all o[the procedures and conditions set forth in Planning Code Section 202.2(j). Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 26 (3) If located north of the centerline of Post Street and east of the centerline of Van Ness Avenue, all otherwise eligible Analyzed State Law Densitv Bonus Projects shall only be permitted on: (A) lots containing no existing buildings: or (B) lots equal to or greater than 12,500 square feet where existing buildings are developed to less than 20% of the lot's principally permitted buildable gross floor area as determined by height limits, rear yard requirements and required setbacks . .;-eF (C) lots occupied by Gas Stations, Private or Public Parking Lots, Financial Services, Fringe Financial Services, Formula Retail, Self Storage, Motel, Automobile 1 O Sales or Rental, Automotive ',Nash, Mortuaries, Adult Business, Massage Establishment, Medical Cannabis Dispensary, and Tobacco Paraphernalia Establishment, as those uses are defined in Planning Code Section 102. (c), Development Bonuses. All Analyzed State Law Density Bonus Projects shall receive, at the project sponsor's written request, any or all o[the following: (1) Priority Processing. Analyzed Projects that provide 30% or more of Units as On- site Inclusionary Housing Units or Restricted Afferdable Units that meet all o[the requirements of.for an Inclusionary Housing Unit shall receive Priority Processing. (2) Density Bonus. Analyzed Projects that provide On-site Inclusionary Housing Units or Restricted Affordable Units that meet all o[the requirements of.for an Inclusionary Housing Unit shall receive a density bonus as described in Table 206.5 A as follows: Table 206.5A Density Bonus Summarv - Analvzed Restricted Affordable Units or Category Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS B Minimum Percentage of_ Restricted Affordable Units c D Percentage o[ Additional Density Bonus Bonus (gr Granted Each 1% Increase In Restricted E Percentage o[ Restricted Units Required (gr Maximum Page 27 A[fordable 35% Densi(}'. Units Bonus Very Low Income 5% 20% 2.50% 11% Lower Income 10% 20% 1.50% 20% Moderate Income 10% 5% 1% 40% Senior Citizen Housing, as 100% 50% ----- ----- -- -- defined in § 102. and meeting the requirements of § 202.2(/)_. Note: A dens it}'. bonus may be selected from more than one category, up to a maximum of 35% o[the Maximum Allowable Gross Residential Densi(}'.. In calculating densi(}'. bonuses under this subsection 206.5(c)(2) the following shall apply: (A) When calculating the number ofpermitted Densi(}'. Bonus Units or Restricted Affordable Units, any tractions of units shall be rounded to the next highest number. Analyzed Densi(}'. Bonus Program projects must include the minimum percentage of Restricted Affordable Units identified in Column B of Table 206.5A (or at least one income categorv. but may combine densi(}'. bonuses -from more than one income categorv. up to a maximum of 35% oft he Maximum Allowable Gross Residential Densi(}'.. (B) An applicant may elect to receive a Densi(}'. Bonus that is less than the amount permitted by this Section,· however, the Ci(}'. shall not be required to similarly reduce the number of Restricted Affordable Units required to be dedicated pursuant to this Section and Government Code Section 65 915 (b). (C) In no case shall a Housing Project be entitled to a Densi(}'. Bonus of more than 35%, unless it is a Senior Housing Project meeting the requirements of Section 202.2(/)_. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 28 (D) The Density Bonus Units shall not be included when determining the number of Restricted Affordable Units required to qualify for a Density Bonus. Density bonuses shall be calculated as a percentage ofthe Maximum Allowable Gross Residential Density. (E) Any Restricted Affordable Unit provided pursuant to the on-site requirements o[the Inclusionary Affgrdable Housing Program, Section 415 et seq., shall be included when determining the number of Restricted Affgrdable Units required to qualify (or a Development Bonus under this Section 206. 5. The payment of the Affordable Housing Fee shall not qualify (or a Development Bonus under this Section. The provision of Off-site Units shall not qualify the Principal Project for a Density Bonus under this Section; however an Off-site Unit may qualify as a Restricted Affordable Unit to obtain a density bonus (or the Off-site Project. (F) In accordance with state law, neither the granting of a Concession, Incentive, waiver, or modification, nor the granting of a Density Bonus, shall be interpreted, in and of itself: to require a general plan amendment, zoning change, variance, or other discretionary approval. (3) Concessions and Incentives. Analyzed Projects shall receive concessions or incentives, in the amounts specified in Table 206.5B: Table 206.5B Concessions and Incentives Summarv - Analvzed Projects Target Grou12. Restricted Atfj)rdable Units Very Low Income 5% 10% 15% Lower Income 10% 20% 30% Moderate Income (Common Interest Development2 10% 20% 30% Maximum Incentive(§ 2/Concession(§ 2 Notes: 1. Concessions or Incentives may be selected from only one category (very lm.v, lower, or moderate) 2. Common Interest Development is defined in California Civil Code Section 4100. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 29 (4) Menu of Concessions and Incentives: In submitting a request for Concessions or Incentives, an applicant for an Analyzed State Density Bonus Project may request the specific Concessions and Incentives set forth below. The Planning Department, based on Department research and a Residential Density Bonus Study prepared by David Baker Architects. Seifel Consulting, and the San Francisco Planning Department dated August 2015, on file with the Clerk o(the Board of Supervisors in File No. 150969. has determined that the [allowing Concessions and Incentives are generally consistent with Government Code Section 65915(d) because. in general. they: are required in order to provide [or affordable housing costs: will not be deemed by the Department to have a specific adverse impact as defined in Government Code Section 65915(d),· and are not contrary to State or Federal law. (A) Rear yard: the required rear yard per Section 134 or any applicable special use district may be reduced to no less than 20% o(the lot depth. or 15 feet, whichever is greater. Corner properties may provide 20% ofthe lot area at the interior corner o(the property to meet the minimum rear yard requirement. provided that each horizontal dimension o(the open area is a minimum of] 5 feet; and that the open area is wholly or partially contiguous to the existing midblock open space, if any. formed by the rear yards of adjacent properties. (B) Dwelling Unit Exposure: the dwelling unit exposure requirements of Section 140(a){2) may be satisfied through qualirying windows facing an unobstructed open area that is no less than 25 feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor. {D) Parking: up to a 50% reduction in the residential and commercial parking requirement, per Section 151 or any applicable special use district. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 30 (E) Open Space: up to a 5% reduction in required common open space per Section 135, or anv applicable special use district. (F) Additional Open Space: up to an additional 5% reduction in required common open space per Section 135 or any applicable special use district, beyond the 5% provided in subsection (E) above. (5) Waiver or Modification o(Height Limits. Analyzed Projects may request a waiver o[the applicable height restrictions i[the applicable height limitation will have the effect ofphysically precluding the construction of a Housing Project at the densities or with the Concessions or Incentives permitted by tJ:H.s-.subsection (c)(4). Analvzed Projects may receive a height bonus as ofright of up to twenty feet or two stories, excluding exceptions permitted per Section 260(b), i[the applicant demonstrates that it qualifies for a height waiver through the following formula: Step one: Calculate Base Density and Bonus Density Limits Calculate Base Density (BD), as defined in Section 206.2. Bonus Density Limit (BD): ED multiplied by I.XX where XX is the density bonus requested per Section 206.5 ofthis Code (e.g. 7%. 23%. 35%), not to exceed 1.35, the maximum density bonus available by this Section. Step two: Calculate Permitted Envelope (PE). Buildable envelope available under existing height and bulk controls. PE equals lot area multiplied by permitted lot coverage, where lot coverage equals. 75, or .8 ifthe developer elects to request a rear yard modification under Section 206.5(c)(4){A), multiplied by existing height limit (measured in number ofstories), minus one story for projects in districts where non-residential uses are required on the ground floor, and minus any square footage subject to bulk limitations (for parcels that do not have an X bulk designation). Step three: Calculate Bonus Envelope (BE) Residential envelope necessary to accommodate additional density ("Bonus envelope" or "BE") Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 31 BE equals Bonus Density multiplied by 1. 000 gross square feet Step (our: Calculate Additional Residential Floors. Determine the number of stories required to accommodate bonus: (A) JfBE is less than or equal to PE, the project is not awarded height under this subsection (c){5). (B) JfBE is greater than PE, the project is awarded height, as follows: {i) ![BE minus PE is less than the lot area multiplied by 0. 75, project is allowed 4one extra story,· total gross square footage of building not to exceed BE; or {ii) JfBE minus PE is greater than the lot area multiplied by 0. 75 {i.e. if 1 O the difference is greater than one story), project is allowed two extra stories,· total gross square footage of building not to exceed BE. (d) Application. An application for an Analyzed State Density Bonus Project under this Section 206. 5 shall be submitted with the first application (or approval of a Housing Project and shall be processed concurrently with all other applications required (or the Housing Project. The application shall be on a form prescribed bv the City and, in addition to any information required (or other applications, shall include the following information: (1) A description of the proposed Housing Project, including the total number of dwelling units, Restricted Affordable Units, and Density Bonus Units proposed,· (2) Any zoning district designation, Base Density, assessor's parcel number{s) of the project site, and a description of any Density Bonus, Concession or Incentive, or waiver requested; {3) A list ofthe requested Concessions and Incentives ftom Section 206.5(c){4); (4) ]fa waiver or modification of height is requested under Section 206.5(c)(5), a calculation demonstrating how the project qualifies (or such waiver under the formula; (5) A full plan set including site plan, elevations, sections, and floor plans, number of market-rate units, Restricted Affordable Units, and Density Bonus units within the proposed Housing Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 32 Project. The location of all units must be approved by the Planning Department before the issuance of the buildingpermit; (6) Level of affordability oft he Restricted Affordable Units and a draft Regulatory Agreement.· and (7) The number of rental dvv'elling units which are on the property, or if the dwelling units have been vacated or demolished in the five year period preceding the application, have been and 1Nhich \Vere subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lm\'er or very lmv income; subject to any other form of rent or price control through the City or other public entity's valid exercise 1 O of its police pmver; or occupied by lower or very low income households; and (8) If the property includes a parcel or parcels in 'Nhich dwelling units under subsection (7) are located or ·.vere located in the five year period preceding the application, the type and size of those units, and the incomes of the persons or families occupying those ooit&: @7) Documentation that the applicant has provided written notification to all existing commercial or residential tenants that the applicant intends to develop the propertypursuant to this section. Any affected commercial tenants shall be given priority processing similar to the Department's Community Business Priority Processing Program. as adopted by the San Francisco 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. In no case may a project receive a site permit or any demolition permit prior to 18 months from the date of written notification required by this Section 206.5(d)(7). (e) Review Procedures. An application for an Analyzed State Density Bonus Project, shall be acted upon concurrently with the application (or other permits related to the Housing Project. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 33 (1) Before approving an application (or an Analvzed Project, the Planning Department or Commission shall make written findings that the Housing Project is qualified as an Analyzed State Density Bonus Project. (2) Analyzed Projects shall be governed by the conditional use procedures of Section 303.The revie•.v procedures for an Analyzed Project, including notice, hearings, and appeal, shall be the procedures applicable to the l=lousing Project regardless of whether it is applying for a State Density Bonus under this Section 206.5. l=lowever, any All notices shall specifj; that the Housing Project is seeking a Development Bonus and shall provide a description ofthe Development Bonuses requested. Analvzed Projects shall also be reviewed (or consistency with the A({Ordable Housing Bonus Program Design Guidelines. (j) Regulatory Agreements. Recipients ofa Density Bonus, Incentive, Concession, waiver, or modification shall enter into a Regulatory Agreement with the City. as follows. (1) The terms ofthe agreement shall be acceptable in form and content to the Planning Director, the Director ofMOHCD, and the City Attorney. The Planning Director shall have the authority to execute such agreements. (2) Following execution ofthe agreement by all parties, the completed Density Bonus Regulatory Agreement, or memorandum thereol shall be recorded and the conditions tiled and recorded on the Housing Project. (3) The approval and recordation ofthe Regulatory Agreement shall take place prior to the issuance ofthe First Construction Document. The Regulatory Agreement shall be binding to all future owners and successors in interest. (4) The Regulatory Agreement shall be consistent with the guidelines ofthe City's lnclusionary Housing Program and shall include at a minimum the following: (4) The Regulatory Agreement shall be consistent •.vith the guidelines of the City's lnclusionary l=lousing Program and shall include at a minimum the follmving: Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 34 (A) The total number of dwelling units approved for the Housing Project, including the number o[Restricted Affordable Units, Inclusionary Units, HOME-SF Units Middle Income Units or other restricted units: (B) A description o[the household income group to be accommodated by the Restricted Affordable Units, and the standards (or determining the corresponding Affordable Rent or Affordable Sales Price; (C) The location, dwelling unit sizes (in square feet), and number of bedrooms o[the Restricted Affordable Units; (D) Term of use restrictions (or Restricted Affgrdable Units of at least 55 years (or Moderate Income units and at least 55 years (or Low and Very Low units,· (E) A schedule (or completion and occupancy o[Restricted Affordable Units; {F) A description of any Concession, Incentive, waiver, or modification, ifanv. being provided by the City; (G) A description ofremedies for breach o[the agreement (the City may identifj; tenants or qualified purchasers as third party beneficiaries under the agreement); aAG (H) A list of all on-site family friendly amenities. Family friendly amenities shall include. but are not limited to. dedicated cargo bicycle parking. dedicated stroller storage. and open space and yards designed for use by children.,: and. {H!) Other provisions to ensure implementation and compliance with this Section. SEC. 206.6. STATE DENSITY BONUS PROGRAM: INDIVIDUALLY REQUESTED. (a) Purpose and Findings: This Section 206. 6 details the review, analysis and approval process for any project seeking a density bonus that is consistent with State Law, Government Code Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 35 &Section 65 915 et seq., but is not consistent with the pre-vetted menu of concessions, incentives or waivers, or other requirements established in Section 206. 5 as analyzed by the Planning Department in coordination with David Baker and Seifel Consulting, and shall be known as the Individually Requested State Density Bonus Program:.. California State Density Bonus Law allows a housing developer to request parking ratios not to exceed the ratios set forth in Government Code Ssection 65915(p)(l), which may further be reduced as an incentive or concession. Because in most cases San Francisco regulates parking by dwelling unit as described in Article 1. 5 ofthis Code, the minimum parking ratios set forth in the Government Code are greater than those allowed in San Francisco. Given that San Francisco 's parking ratios are already less than the State ratios, the City finds that the State's minimum parking ratio requirement does not gppk (b) Applicability. A Housing Project that does not meet any one or more o(the criteria of Section 206. 5 (b) under the Analyzed State Density Bonus Program, but meets the {Ollowing requirements, may apply {Or a Development Bonus under this Section 206. 6 as an "Individually Requested State Density Bonus Project" or "Individually Requested Project" ifit meets all o(the .tallowing criteria: (1) contains five or more residential units, as defined in Section 102,· (2) is not seeking and receiving a density or development bonus under Section 207; the HOME-SF Local Affordable Housing Bonus Program, Section 206.3; the 100 Percent Affordable Housing Bonus Program, Section 206.4,· Section 304, or any other local or state bonus program that provides development bonuses-:~ (3) provides Restricted Affordable Housing Units, including but not limited to Inclusionary Housing Units, at minimum levels as provided in Table 206. 6A; and, (4) provides replacement units {Or any units demolished or removed that are subject to the San Francisco Rent Stabilization and Arbitration Ordinance, San Francisco Administrative Code Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 36 Section 3 7, or are units qualifYing for replacement as units being occupied by households oflow or very low income, consistent with the requirements of Government Code section 65915 (c){3 )-:; and, (5) ls in any zoning district except for RH-I or RH-2. unless the Code permits the development ofa project o(afive units or more on a site or sites. (c) Development Bonuses. Any Individually Requested Density Bonus Project shall. at the project sponsor's request. receive any or all o{the following: (1) Density Bonus. Individually Requested Projects that provide On-site Inclusionary Housing Units or Restricted Affordable Units shall receive a density bonus as described in Table 206. 6A as follows: Table 206. 6 A Density Bonus Summarv - Individuallv Requested Project Restricted Af[grdable Minimum Percentage o[ Additional Percentage o[ Units or Category Percentage o[ Density Bonus Bonus f]Jr Restricted Restricted Granted Each 1% Units Required Affgrdable Increase In f}Jr Maximum Units Restricted 35% Density Affgrdable Bonus Units Very Low Income 5% 20% 2.50% 11% Lower Income 10% 20% 1.50% 20% Moderate Income 10% 5% 1% 40% Senior Citizen Housing 100% 20% ----- ----- Note: A density bonus may be selected from only one category up to a maximum of35% of the Maximum Allowable Gross Residential Density. Jn calculating density bonuses under this subsection 206. 6(c)(l) the f}Jllowing shall (A) When calculating the number o(permitted Density Bonus Units or Restricted Affgrdable Units, any fractions of units shall be rounded to the next highest number. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 37 (B) An applicant may elect to receive a Density Bonus that is less than the amount permitted by this Section; however, the City shall not be required to similarly reduce the number of Restricted Affordable Units required to be dedicated pursuant to this Section and Government Code Section 65915(b). (C) Each Housing Project is entitled to only one Density Bonus, which shall be selected by the applicant based on the percentage of Very Low Income Restricted Affordable Units, Lower Income Restricted Affordable Units, or Moderate Income Restricted Affordable Units, or the Housing Project's status as a Senior Citizen Housing Development. Density bonuses from more than one category may not be combined. In no case shall a Housing Project be entitled to a Density Bonus ofmore than thirty five percent (35~o1. unless it is a Senior Housing Project meeting the requirements ofSection 202.2(j). (D) The Density Bonus Units shall not be included when determining the number of Restricted Affordable Units required to qualify (or a Density Bonus. Density bonuses shall be calculated as a percentage ofthe Maximum Allowable Gross Residential Density. (E) Any Restricted Affordable Unit provided pursuant to the on-site requirements ofthe lnclusionary Affordable Housing Program, Section 415 et seq., shall be included when determining the number of Restricted Affordable Units required to qualify (or a Development Bonus under this Section 206. 6. The payment o(the Affordable Housing Fee shall not qualify (or a Development Bonus under this Section. The provision of Off-site Units shall not qualify the Principal Project (or a Density Bonus under this Section; however an Off-site Unit may qualify as a Restricted Affordable Unit to obtain a density bonus (or the Off-site Project. {F) In accordance with state law, neither the granting of a Concession, Incentive, waiver. or modification, nor the granting of a Density Bonus, shall be interpreted, in and of itself: to require a general plan amendment, zoning change, variance, or other discretionary approval. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 38 (G) No additional Density Bonus shall be authorized for a Senior Citizen Development beyond the Density Bonus authorized by subsection !Jil(l) o[this Section. (H) Certain other types of development activities are specifically eligible (or a development bonuses pursuant to State law. including land donation under Government Code Section 65 915 (g), condominium conversions under Government Code Ssection 65 915. 5 and qualifying mobile home parks under Government Code Ssection 659 l 5(k)(l ){C). Such projects shall be considered Individually Requested State Density Bonus Projects. (2) Concessions and Incentives. This Section includes provisions (or providing Concessions or Incentives pursuant to Government Code Section 65915 et seq, as set {Orth in Table 206. 6B. For purposes o[this Section 206. 6, Concessions and Incentives as used interchangeably shall mean such regulatory concessions as specified in Government Code Section 65 915 (k) to include: (A) A reduction of site Development Standards or architectural design requirements which exceed the minimum applicable building standards approved by the State Building Standards Commission pursuant to Part 2. 5 (commencing with Section 18901) ofDivision 13 ofthe Health and Safety Code, including. but not limited to, a reduction in setback, coverage, and/or parking requirements which result in identifiable, financially su(ficient and actual cost reductions,· {B) Allowing mixed use development in conjunction with the proposed residential development, if nonresidential land uses will reduce the cost o[the residential project and the nonresidential land uses are compatible with the residential project and existing or planned development in the area where the Housing Project will be located,· and (C) Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions. Table 206. 6B Concessions and Incentives Summary - Individually Requested Project Target Group Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Restricted Afferdable Units Page 39 Verl' Low Income 5% 10% 15% Lower Income 10% 20% 30% Moderate Income {_Common Interest Development2 10% 20% 30% Maximum Incentive(§ 2/Concession(§ 2 Notes: 1. Concessions or Incentives mal' be selected from onl:l' one categorl' {_very low, lower, or moderate2. 2. Common Interest Development is defined in California Civil Code Section 4100. {_3 2 Request for Concessions and Incentives. In submitting a request tor Concessions or Incentives that are not specified in Section 206.5{_c2{_42. an applicant tor an Individualll' Requested Density Bonus Project must wovide documentation described in subsection {_d2 below in its application. The Planning Commission shall hold a hearing and shall approve the Concession or Incentive requested unless it makes written findings, based on substantial evidence that: {_Al The Concession or Incentive does not result in identifiable and actual cost reductions. consistent with Government Code Ssection 65915(k)is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the Restricted Affordable Units to be as specified in this Section 206.6; or (B2 The Concession or Incentive would have a specific adverse impact, as defined in Government Code Section 65589.5{_d2{_22 upon public health and safety or the phwical environment or anl' real property that is listed in the Calitornia Register of Historical Resources and tor which there is no feasible method to satisfactorill' mitigate or avoid the specific adverse impact without rendering the Housing Project unaffordable to low- and moderate-income households-:; or {_Cl The Concession or Incentive would be contrarl' to state or federal law. {_42 Waiver or Modification. An applicant mal' appll' tor a waiver or modification of Development Standards that will have the effect ofphl'sicalll' precluding the construction of a Housing Project at the densities or with the Concessions or Incentives permitted bl' this Section 206. 6. The Planning Commission will not grant a waiver or modification under this Section unless it is necessarl' Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page40 to achieve the additional density or the Concessions or Incentives permitted by this Section 206. 6. The developer must submit sufficient information as determined by the Planning Department demonstrating that Development Standards that are requested to be waived or modified will have the effect of physically precluding the construction of a Housing Project meeting the criteria o[this Section 206. 6 at the densities or with the Concessions or Incentives permitted. The Planning Commission shall hold a hearing to determine ifthe project sponsor has demonstrated that the waiver is necessary. The Planning Commission may deny a waiver ifit finds on the basis of substantial evidence that: (A) It is not required to permit the construction of a Housing Project meeting the density permitted or with the Concessions and Incentives permitted under this Section 206. 6; 1 O (B) The VVaiver is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the Restricted Affordable Units to be as specified in this Section 206.6; .(§G) The Waiver would have a specific adverse impact, as defined in Government Code Section 65589.5(d){2) upon public health and safety or the physical environment or any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the Housing Project unaffordable to low- and moderate-income households: or. {Q.Q) The Waiver would be contrary to state or federal law. (5) Nothing in this Section shall be construed to require the provision of direct financial incentives for the Project, including the provision ofpublicly owned land by the City or the waiver of .fees or dedication requirements. (d) Application. An application for a Density Bonus. Incentive. Concession, or waiver under this Section 206. 6 shall be submitted with the first application (or approval of a Housing Project and shall be processed concurrently with all other applications required for the Housing Project. The Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 41 application shall be on a form prescribed by the City and, in addition to any information required for other applications, shall include the following information: (1) A description of the proposed Project, and a full plan set, including a site plan, elevations, section and floor plans, with the total number and location of dwelling units, Restricted Affordable Units, and Density Bonus Units proposed; (2) A plan set su[ficient (or the Planning Department to determine the project site's Maximum Allowable Gross Residential Density. The project sponsor shall submit plans (or a base project that demonstrates a Code complying project on the Housing Project site without use of a modification, Conditional Use Authorization, Variance, Planned Unit Development, or other exception fromof the Planning Code. Such plans shall include similar detail to the proposed Housing Project. The project sponsor shall demonstrate that site constraints do not limit the Maximum Allowable Gross Residential Density (or the base project in practice. ![the project sponsor cannot make such a showing, the Zoning Administrator shall determine whether the Maximum Allowable Gross Residential Density shall be adjusted (or purposes o[this Section-:~ (3) The zoning district designations. Maximum Allowable Gross Residential Density, assessor's parcel number{s) o(the project site, and a description of any Density Bonus, Concession or Incentive, or waiver requested; (4) !fa Concession or Incentive is requested that is not included within the menu of Incentives/Concessions set forth in subsection 206.5(c), a submittal including financial information or other information providing evidence that the requested Concessions and Incentives result in identifiable, financially sufficient, and actual cost reductions required in order to provide (or affordable housing costs as defined in Health and Safety Code Section 50052.5, or (or rents (or the Restricted Affordable Units to be provided as required under this Program. The cost of reviewing any required financial information, including. but not limited to, the cost to the City of hiring a consultant Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 42 to review the financial data. shall be borne by the applicant~ The financial information shall include all of the following items: (/\) The actual cost reduction achieved through the Concession or Incentive and; (B) Evidence that the cost reduction allows the applicant to provide affordable rents or affordable sales prices; and (C) J\ny other information requested by the Planning Director. The Planning Director may require any financial information including information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such 1 O other information as is required to evaluate the financial information; (5) !fa waiver or modification is requested, information sufficient to demonstrate why a Development Standard would physically preclude the construction of the Development with the Density Bonus. Incentives. and Concessions requested. a submittal containing the following information. The cost ofreviewing any required information supporting the request (or a waiver, including, but not limited to, the cost to the City of hiring a consultant to review the architectural information, shall be borne by the applicant~~ (/\) \"/hy the Development Standard would physically preclude the construction of the Development with the Density Bonus, Incentives, and Concessions requested. (B) J\ny other information requested by the Planning Director as is required to evaluate the request; (6) Level of affordability o[the Restricted Affordable Units and a drafi Regulatory Agreement,· (7) The number ofresidential units which are on the property, or i(the residential units have been vacated or demolished in the five year period preceding the application, have been and Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 43 which were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families oflower or very low income; subject to any other form of rent or price control through the City or other public entity's valid exercise ofits police power; or occupied by lower or very low income households; (8) ![the property includes a parcel or parcels in which dwelling units under subsection (d)(7) {et-are located or were located in the five year period preceding the application, the type and size of those units, the incomes oft he persons or families occupying those units-:-~ (9) 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 1 O section. Any affected commercial tenants shall be given priority processing similar to the Department's Community Business Priority Processing Program, as adopted by the San Francisco 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-c~ (10) !fa Density Bonus or Concession is requested (or a land donation under Government Code Section 65 915 (g), the application shall show the location oft he land to be dedicated, provide proofofsite control, and provide evidence that all ofthe requirements and each ofthe findings included in Government Code Section 659 l 5(g) can be made; (11) If a density bonus or Concession is requested (or a Child Care Facility under Section 206. 7, the application shall show the location and square footage ofthe child care facilities and provide evidence that all ofthe requirements and each of the findings included in Government Code Section 65915(h) can be made; and (12) !fa Density Bonus or Concession is requested (or a condominium conversion. the applicant shall provide evidence that all ofthe requirements found in Government Code Section 65915.5 can be met. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 44 (e) Review Procedures. An application for a Density Bonus, Incentive, Concession, or waiver shall be acted upon concurrently with the application other permits related to the Housing Project. (1) Before approving an application for a Density Bonus, Incentive, Concession, or waiver, for any Individually Requested Density Bonus Project, the Planning Commission shall make the fallowing findings as applicable. (A) The Housing Project is eligible for the Individually Requested Density Bonus Program Affordable Housing Bonus Program,_ {B) The Housing Project has demonstrated that any Concessions or Incentives are required in order to provide for affordablereduce actual housing costs, as defined in Section 50052.5 o[the California Health and Safety Code, or for rents {Or the targeted units, based upon the financial analysis and documentation provided. (C) !fa waiver or modification is requested, a finding that the Development Standards (or which the waiver is requested would have the effect ofphysically precluding the construction of the Housing Project with the Density Bonus or Concessions and Incentives permitted. (D) ![the Density Bonus is based all or in part on donation ofland, a finding that all the requirements included in Government Code Section 65 915 (g) have been met. {E) ![the Density Bonus, Concession or Incentive is based all or in part on the inclusion ofa Child Care Facility, a finding that all the requirements included in Government Code Section 65915(h) have been met. {F) Jfthe Concession or Incentive includes mixed-use development, a finding that all the requirements included in Government Code Section 65915(k)(2) have been met. (2) ![the findings required by subsection (a) of this Section cannot be made, the Planning Commission may deny an application (or a Concession, Incentive, waiver or modification only ifit makes one ofthe (allowing written findings, supported by substantial evidence: Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 45 (A) The Concession, Incentive, waiver or modification is not required to provide for the affgrdability levels required for Restricted Affordable Units,· (B) The Concession, Incentive, waiver or modification would have a specific. adverse impact upon public health or safety or the physical environment or on real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the Housing Project unaffordable to Low and Moderate Income households. For the purpose ofthis subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified. written public health or safety standards, policies, or conditions as they existed on the date that the application for the Housing Project was deemed complete; or (C) The Concession, Incentive, waiver or modification is contrary to state or federal law. (3) The review procedures (or an Individually Requested Density Bonus Project, including notice, hearings, and appeal, shall be the procedures applicable to the Housing Project regardless of whether it is applying (or a State Density Bonus under this Section 206. 6. However, any notice shall specifj; that the Housing Project is seeking a Development Bonus and shall provide a description of the development bonuses requested. Individually Requested Projects shall also be reviewed (or consistency with the Affordable Housing Bonus Program Design Guidelines. (4) In accordance with state law, neither the granting ofa Concession, Incentive, waiver, or modification, nor the granting of a Density Bonus, shall be interpreted, in and ofitself: to require a general plan amendment, zoning change, variance, or other discretionary approval. (j) Regulatory Agreements. Recipients ofa Density Bonus, Incentive, Concession, waiver, or modification shall enter into a Regulatory Agreement with the City, as follows. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 46 (1) The terms o[the agreement shall be acceptable in {Orm and content to the Planning Director, the Director ofMOHCD, and the City Attorney. The Planning Director shall have the authority to execute such agreements. (2) Following execution o[the agreement by all parties, the completed Density Bonus Regulatory Agreement, or memorandum thereof shall be recorded and the conditions filed and recorded on the Housing Project. (3) 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. (4) The Regulatory Agreement shall be consistent with the guidelines o[the City's Inclusionary Housing Program and shall include at a minimum the tollowing: (A) The total number of dwelling units approved tor the Housing Project, including the number of Restricted Affordable Units, Inclusionary Units, Middle lncomeHOME-SF Units or other restricted units; (B) A description of the household income group to be accommodated by the Restricted Affordable Units, and the standards tor determining the corresponding Affordable Rent or Affordable Sales Price; (C) The location, dwelling unit sizes (in square feet), and number of bedrooms o[the Restricted Affordable Units; (D) Term of use restrictions tor Restricted Affordable Units of at least 55 years .fOr Moderate Income units and at least 55 years tor Low and Very Low units; (E) A schedule tor completion and occupancy of Restricted Affordable Units; {F) A description of any Concession, Incentive, waiver, or modification, if any, beingprovided by the City; Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 47 (G) A description ofremedies for breach o[the agreement (the City may identiry tenants or qualified purchasers as third party beneficiaries under the agreement),' and {H) Other provisions to ensure implementation and compliance with this Section. SEC. 206.7. CHILD CARE FACILITIES. (a) For purposes of this Section 206. 7, "Child Care Facility" means a child day care facility other than a family dav care home, including. but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. (b) When an applicant proposes to construct a Housing Project that is eligible (or a Density Bonus under Section 206. 6 and includes a Child Care Facility that will be located on the premises of. as part of. or adjacent to, the Housing Project, all o[the provisions ofthis Section 206. 7 shall apply and all oft he provisions of Section 206. 6 shall apply, except as specifically provided in this Section 206. 7. (c) When an applicant proposes to construct a Housing Project that is eligible (or a Density Bonus under Section 206. 6 and includes a Child Care Facility that will be located on the premises of. as part of. or adjacent to, the Housing Project, the City shall grant either: (1) An additional density bonus that is an amount of square feet ofresidential space that is equal to or greater than the square footage o[the Child Care Facility" or (2) An additional Concession or Incentive that contributes significantly to the economic feasibility o[the construction of the Child Care Facility. (d) The City shall require, as a condition of approving the Housing Project, that the following occur: (1) The Child Care Facility shall remain in operation (or a period of time that is as long as or longer than the period oftime during which the Atfprdable Units are required to remain Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 48 afferdable. In the event the childcare operations cease to exist, the Zoning Administrator may approve in writing an alternative community service use for the child care facility. (2) O[the children who attend the Child Care Facility. the children of Very Low, Lower and Moderate Income households shall equal a percentage that is equal to or greater than the percentage of Restricted Afferdable Units in the Housing Project that are required for Very Low, Lower and Moderate Income households pursuant to Section 206. 6. (e) Notwithstanding subsections (a) and (b) above, the City shall not be required to provide a density bonus or a Concession or Incentive [or a child care facility ifit finds, based upon substantial evidence, that the community has adequate child care facilities. SEC. :UJ6-A-206.8. 100 PERCENT AFFORDABLE HOUSING BONUS PROGRAM EVALUATION. (a) Within one year from the effective date of Section 206March 22, 2015, the Planning Department shall provide an informational presentation to the Planning Commission, and any other City agency at their request, presenting an overview of all projects that request or receive development bonuses under the HOME-SF Local Affordable Housing Bonus Program, the 100 Percent Affordable Housing Bonus Program and the Analyzed and Individually Requested State Density Bonus Program ("the Bonus Program~"): (b) Annual Reporting. The Planning Department, in coordination with MOHCD, shall include information on projects which request and receive development bonuses under the Bonus Program~in the Housing Inventory Report. (c) Report Contents. The Housing Inventory shall include, but not be limited to, information on the: (1) number of projects utilizing the Bonus Program~; Mayor Lee; Supervisors Tang, Safaf BOARD OF SUPERVISORS Page 49 (2) number of units approved and constructed under the Bonus Program§'. and the AMI levels of such units; (3) number of additional affordable units in excess o(that otherwise required by Section 415; (J1) geographic distribution of projects, including the total number of units in each project, utilizing the Bonus Program§'.; (4,2) number of larger unit types, including the number of 3-bedroom units; (3'.Q:) square feet of units by bedroom count; (6Z) number of projects with nine or fewer units that participate; and 1 O (-7~) Number of appeals of projects in the Bonus Program and stated reason for appeal. (d) Program Evaluation and Update. (1) Purpose and Contents. Every five years, beginning five years from tJ::i.e effective date of Section 206March 22, 2015, the Department shall prepare a Program Evaluation and Update. The Program Evaluation and Update shall include an analysis of the Bonus Program§'.'& effectiveness as it relates to City policy goals including, but not limited to Proposition K (November 2014) and the Housing Element. The Program Evaluation and Update shall include a review of all of the following: (A) Target income levels for the HOME-SF Local Affordable Housing Bonus Program in relation to market values and assessed affordable housing needs. {B) Feasibility ofthe Local Affordable Housing Bonus HOME-SF Program, in relation to housing policy goals, program production, and current market conditions. (AC) Requested and granted concessions and incentives, including consideration of whether the menu of zoning modification or concessions and incentives set forth in Section 206.3filliil~. 206.4(c){5) and 206.5(c){4) respond to the needs of projects Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 50 seeking approvals under the Bonus Program~; consideration of whether the elected zoning modifications or incentives and concessions result in a residential project that responds to the surrounding neighborhood context; and review and recommendation for additions or modifications to the list of zoning modifications or concessions and incentives in 206.3~~. 206.4(c){5) and 206.5(c){4). (ED) Geography and neighborhood specific considerations. Review and analysis of where Bonus Program projects are proposed and approved, including an analysis of land values, zoning, height controls, and neighborhood support. (GE) Review of the process for considering projects under the Bonus 1 O Program, including a review of Section 328, the appeal process, Section 303(t) and other relevant process considerations. (F) Revie•.v and recommendations for additional provisions regarding the protection of neighborhood serving small businesses, including feasibility of providing relocation assistance and requiring rights of first refusal to displaced tenants. (2) Public Hearing. The Program Evaluation and Update shall be prepared no less than every five years, beginning five years from the effective date of Section 206March 22, 2015, and may be completed as a series of reports and in coordination with ongoing monitoring of affordable housing policies, or feasibility analyses. The Planning Commission shall hold a hearing on the Program Evaluation and Update and any recommendations for modification to any of the Bonus Program. (e) Program Expansion Report. The Board of Supervisors directs the Planning Department and MOHCD to research, analyze and provide recommendations for further density and development bonuses for 100% affordable or mixed-income developments. The Program Expansion Report shall be published within one year of the effective date of Section 2-00March 22, 2015. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 51 (f) By January 1, 2017, the Planning Department, in consultation with the Office of Economic and VVorkforce Development, the Office of Small Business, and the Mayor's Office of Housing and Community Development, non profit housing developers, and the small business community, shall report on best practices around small business relocation, including but not limited to developing a small business relocation fee or program to provide relocation services and support for all projects entitled under the 100 Percent Affordable Housing Bonus Program. Section 3. The Planning Code is hereby amended by adding revising Sections 328, to 1 O read as follows: SEC. 328. 100 PERCENT AFFORDABLE HOUSING BONUS PROJECT AUTHORIZATION. (a) Purpose. The purpose of this Section 328 is to ensure that all 100 Percent Affordable Housing Bonus projects under Section~ 206.4 are reviewed in coordination with priority processing available for certain projects with 100 Percent affordable housing. While most projects in the 100 Percent Affordable Housing Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Commission and Department shall ensure that each project is consistent with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines, as adopted and periodically amended by the Planning Commission, so that projects respond to their surrounding context, while still meeting the City's affordable housing goals. (b) Applicability. This Section 328 applies to all qualifying 100 Percent Affordable Housing Bonus Projects that meet the requirements described in Planning Code Section ~ 206.4. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 52 (c) Planning Commission Design Review: The Planning Commission shall review and evaluate all physical aspects of a 100 Percent Affordable Housing Bonus Project at a public hearing. The Planning Commission recognizes that most qualifying projects will need to be larger in height and mass than surrounding buildings in order to achieve the 100% Affordable Housing Bonus Program's affordable housing goals. However, the Planning Commission may, consistent with the .J.()()% Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines, and upon recommendation from the Planning Director, make minor modifications to a project to reduce the impacts of such differences in scale. The Planning Commission, upon recommendation of the Planning 1 O Director, may also apply the standards of Section 261.1 to bonus floors for all projects on narrow streets and alleys in order to ensure that these streets do not become overshadowed, including potential upper story setbacks, and special consideration for the southern side of East-West streets, and Mid-block passages, as long as such setbacks do not result in a smaller number of residential units. Additionally, as set forth in subsection (d) below, the Planning Commission may grant minor exceptions to the provisions of this Code. However, such exceptions should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section~ 206.4. All modifications and exceptions should be consistent with the .J.()()% Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. In case of a conflict with other applicable design guidelines, the .J()()% Affordable Housing Bonus Program Design Guidelines shall prevail. The Planning Commission may require these or other modifications or conditions, or disapprove a project, in order to achieve the objectives and policies of the 400-Affordable Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 53 Housing Bonus Program~ or the purposes of this Code. This review shall be limited to design issues including the following: (1) whether the bulk and massing of the building is consistent with the .J-{)()% Affordable Housing Bonus Design Guidelines. (2) whether building design elements including, but not limited to architectural treatments, fa9ade design, and building materials, are consistent with the J.(){)% Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. (3) whether the design of lower floors, including building setback areas, commercial space, townhouses, entries, utilities, and parking and loading access is consistent 1 O with the J.(){)% Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines. (4) whether the required streetscape and other public improvements such as tree planting, street furniture, and lighting are consistent with the Better Streets Plan, and any other applicable design guidelines. (d) Exceptions. As a component of the review process under this Section 328, the Planning Commission may grant minor exceptions to the provisions of this Code as provided for below, in addition to the development bonuses granted to the project in Section 206.3(c) 206.4(c). Such exceptions, however, should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when the Planning Commission finds that such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Sections 2{)6;.J206.4 and also are consistent with the J.(){)% Affordable Housing Bonus Design Guidelines. These exceptions may include: (1) Exception from residential usable open space requirements per Section 135, or any applicable special use district. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 54 (2) Exception from satisfaction of loading requirements per Section 152.1, or any applicable special use district. (3) Exception for rear yards, pursuant to the requirements of Section 134, or any applicable special use district. (4) Exception from dwelling unit exposure requirements of Section 140, or any applicable special use district. (5) Exception from satisfaction of accessory parking requirements per Section 152.1, or any applicable special use district. (6) Where not specified elsewhere in this subsection (d), modification of other 1 o Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the property is located. (e) Required Findings. In its review of any project pursuant to this Section 328, the Planning Commission shall make the following findings: ( 1) the use as proposed will comply with the applicable provisions of this Code and is consistent with the General Plan; (2) the use as proposed will provide development that is in conformity with the stated purposed of the applicable Use District; and, (3) the use as proposed will contribute to the City's affordable housing goals as stated in the General Plan. (f) If a 100 Percent Affordable Housing Bonus Project otherwise 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 all findings and consider all criteria required by this Code for such use or use size as part of this 100 Percent Affordable Housing Bonus Project Authorization. (g) Hearing and Decision. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 55 (1) Hearing. The Planning Commission shall hold a public hearing for all projects that are subject to this Section 328. (2) Notice of Hearing. Notice of such hearing shall be provided pursuant to the same requirements for Conditional Use requests, as set forth in Section 306.3 and 306.8. (3) Director's Recommendations on Modifications and Exceptions. At the hearing, the Planning Director shall review for the Commission key issues related to the project based on the review of the project pursuant to subsection (c) and recommend to the Commission modifications, if any, to the project and conditions for approval as necessary. The Director shall also make recommendations to the Commission on any proposed exceptions 1 O pursuant to subsection (d). (4) Decision and Imposition of Conditions. The Commission, after public hearing and, after making appropriate findings, may approve, disapprove or approve subject to conditions, the project and any associated requests for exception~. As part of its review and decision, the Planning Commission may impose additional conditions, requirements, modifications, and limitations on a proposed project in order to achieve the objectives, policies, and intent of the General Plan or of this Code. (5) Appeal. The decision of the Planning Commission may be appealed to the Board of Supervisors by any person aggrieved within 30 days after the date of the decision by filing a written notice of appeal with the Board of Supervisors, setting forth wherein it is alleged that there was an error in the interpretation of the provisions of this Section or abuse of discretion on the part of the Planning Commission. The procedures and requirements for conditional use appeals in Section 308.1 (b) and (c) shall apply to appeals to the Board of Supervisors under this Section 328. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 56 (6) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for projects subject to this Section. (7) Change of Conditions. Once a project is approved, authorization of a change in any condition previously imposed by the Planning Commission shall require approval by the Planning Commission subject to the procedures set forth in this Section. Section 4. The Planning Code is hereby amended by amendrevising Section 303. to read as follows: SEC. 303. CONDITIONAL USES. *** *** *** * * * * fiLLocal Affordable Housing Bonus Projects. The puroose of this Section is to ensure that all Local Affordable Housing Bonus HOME-SF Projects under Section 206.3 and all Analyzed State Density Bonus Program Projects under Section 206.5 are reviewed in coordination with priority processing available for certain projects with greater levels of affordable housing. While most projects in the Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing. the Planning Commission and Department shall ensure that each project is consistent with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines. as adopted and periodically amended by the Planning Commission. so that projects respond to their surrounding context. while still meeting the City's affordable housing goals. (1) Planning Commission Design Review: The Planning Commission shall review and evaluate all physical aspects of a Local Affordable Housing Bonus HOME-SF or State Analyzed Project at a public hearing. The Planning Commission recognizes that most qualifying projects will need to be laraer in height and mass than surrounding buildings in Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 57 order to achieve the Affordable Housing Bonus Program's affordable housing goals. However, the Planning Commission may, consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines. and upon recommendation from the Planning Director, make minor modifications to a project to reduce the impacts of such differences in scale. Additionally, as set forth in subsection (2) below, for HOME-SF Projects the Planning Commission may grant minor exceptions to the provisions of this Code. However, such exceptions should only be granted to allow building mass to appropriately shift to respond to surrounding context. and only when such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under 1 O Section 206.3. All modifications and exceptions should be consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. In case of a conflict with other applicable design guidelines, the Affordable Housing Bonus Program Design Guidelines shall prevail. The Planning Commission may require these or other modifications or conditions. or disapprove a project, in order to achieve the objectives and policies of the Affordable Housing Bonus Program or the purnoses of this Code. This review shall be limited to design issues including the following: (A) whether the bulk and massing of the building is consistent with the Affordable Housing Program Bonus Design Guidelines. (B) whether building design elements including. but not limited to architectural treatments. facade design, and building materials, are consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. (C) whether the design of lower floors. including building setback areas, commercial space. townhouses, entries, utilities. and parking and loading access is consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 58 (D) whether the required streetscape and other public improvements such as tree planting. street furniture. and lighting are consistent with the Better Streets Plan. and any other applicable design guidelines. (2) Exceptions. This subsection (t)(2) shall not apply to State Analyzed projects. As a component of the review process under this Section a2-8303(t). the Planning Commission may grant minor exceptions to the provisions of this Code as provided for below. in addition to the development bonuses granted to the project in Section 206.3(d). Such exceptions. however. should only be granted to allow building mass to appropriately shift to respond to surrounding context. and only when the Planning Commission finds that such modifications: (1) do not 1 O substantially reduce or increase the overall building envelope permitted by the Program under Sections 206.3: and (2) are consistent with the Affordable Housing Bonus Design Guidelines. These exceptions may include: (A) Exception from residential usable open space requirements per Section 135. or any applicable special use district. (8) Exception from satisfaction of loading requirements per Section 152.1. or any applicable special use district. (C) Exception for rear yards. pursuant to the requirements of Section 134. or any applicable special use district. (0) Exception from dwelling unit exposure requirements of Section 140. or any applicable special use district. (E) Exception from satisfaction of accessorv parking requirements per Section 152.1, or any applicable special use district. (F) Where not specified elsewhere in this subsection (t)(2), modification of other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the property is located. Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 59 (G) Exception from active ground floor use requirements under 145.1 (c)(3). (3) Additional Criteria. In addition to the criteria set forth in subsection (c)(2). the Planning Commission shall consider the extent to which the following criteria are met: (A) whether the project would require the demolition of an existing building: (B) whether the project would remove existing commercial or retail uses: (C) If the project would remove existing commercial or retail uses. how recently the commercial or retail uses were occupied by a tenant or tenants: (0) whether the project includes commercial or retail uses: (E) whether there is an adverse impact on the public health. safety. and general welfare due to the loss of commercial or retail uses in the district where the project is located; and (F) whether any existing commercial or retail uses has been designated. or is eligible to be designated. as a Legacy Business under Administrative Code section 2A.242: or is a formula retail business.-:- !M) In no case may a project receive a site permit or any demolition permit prior to 18 months from the date of written notification required by 206.3(e)(1)(.BD). Section 5. This section is uncodified. Affordable Housing Bonus Program (Section 206 and following) fees shall be set as follows. The initial fee amount is not to exceed 50% of the 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. Estimated Construction Cost Initial Fee No construction cost, excluding extension of $1,012.00 hours Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 60 No construction cost, extension of hours Wireless Telecommunications Services (WTS) $1.00 to $9,999.00 $724.00 $5,061.00 $724.00 $10,000.00 to $999,999.00 $724.00 plus 0.328% of cost over $10,000.Q( $1,000,000.00 to $4,999,999.00 $5,000,000.00 to $9,999,999.00 $10,000,000.00 to $19,999,999.00 $20,000,000.00 or more $4,033.00 plus 0.391 % of cost over $1,000,000.00 $19,986.00 plus 0.328% of cost over $5,000,000.00 $36, 701.00 plus 0.171 % of cost over $10,000,000.00 $54,120.00 1 o 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. This ordinance applies to projects that the Planning Department or Planning Commission have not approved as of the effective date. For projects that have not yet submitted applications to the Planning Department or other City entity, all of the provisions of the ordinance apply. The Planning Department shall develop a policy to apply the provisions of this ordinance to projects that have already submitted applications, but have not obtained approvals, to permit such projects to amend their applications. 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 Co.de that are explicitly shown in this ordinance as additions, deletions, Board amendment Mayor.Lee; Supervisors Tang, Safaf BOARD OF SUPERVISORS Page 61 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. HERRERA, City Attorney By: cttt,§~ ~ AUDREY PEARSON Deputy City Attorney n:\legana\as2017\ 1600094\01194738.docx Mayor Lee; Supervisors Tang, Safai BOARD OF SUPERVISORS Page 62 . City and County of San Francisco Tails Ordinance City Hal! 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 150969 Date Passed: June 06, 2017 Ordinance amending Planning Code, Section 206, to amend the 100 Percent Affordable Housing Bonus Program to add the HOME-SF Program, the Analyzed State Density Bonus Program, and the Individually Requested State Density Bonus Program, to provide for development bonuses and zoning modifications for increased affordable housing, in compliance with, and above those required by the State Density Bonus Law, Government Code, Section 65915, et seq.; to establish the procedures in which the HOME-SF Program shall be reviewed and approved; adding a fee for applications under the Programs; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of public convenience, necessity, 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. June 13, 2016 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE June 13, 2016 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE June 13, 2016 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE June 13, 2016 Land Use and Transportation Committee - DUPLICATED June 13, 2016 Land Use and Transportation Committee - CONTINUED TO CALL OF THE CHAIR AS AMENDED March 13, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE March 13, 2017 Land Use and Transportation Committee - CONTINUED TO CALL OF THE CHAIR AS AMENDED May 08, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE May 08, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE May 08, 2017 Land Use and Transportation Committee - REFERRED WITHOUT RECOMMENDATION AS AMENDED May 16, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE City and County of San Francisco Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee Excused: 1 - Farrell Pagel Printed at 12:04 pm on 617117 May 16, 2017 Board of Supervisors - CONT.INUED AS AMENDED ON FIRST READING , Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee Excused: 1 - Farrell May 23, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee May 23, 2017 Board of Supervisors - NOT AMENDED Ayes: 4 - Fewer, Kim, Ronen and Yee Noes: 7 - Breed, Cohen, Farrell, Peskin, Safai, Sheehy and Tang May 23, 2017 Board of Supervisors - NOT AMENDED Ayes: 4 - Fewer, Kim, Rone,n and Yee Noes: 7 - Breed, Cohen, Farrell, Peskin, Safai, Sheehy and Tang May 23, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee May 23, 2017 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy and Tang Noes: 1 - Yee June 06, 2017 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee Page2 Printed at 12:04 pm 011 617117 File No. 150969 City and County of San Francisco Page3 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 6/6/2017 by the Board of Supervisors of the City and County of San Francisco. I Date Approved Printed at 12:04 pm 011 617117