o0195-23

AMENDED IN COMMITTEE FILE NO. 230026 7/24/2023 ORDINANCE NO. 195-23 [Planning, Subdivision, and Administrative Codes and Zoning Map - Family Housing Opportunity Special Use District] Ordinance amending 1) the Planning Code to create the Family Housing Opportunity Special Use District; 2) the Planning Code to authorize the greater of up to four units er: one unit per 1,000 square feet of lot area on individual lots in the RH (Residential, House) District. excluding lots located in the Telegraph Hill - North Beach Residential Special Use District and the North Beach Special Use District, the greater of up to twelve units or one unit per 1.000 square feet of lot area on three merged lots and the greater of up to eight units or one unit per 1,000 square feet of lot area on two merged lots in RH-1 (Residential, House: One Family) districts, and Group Housing in RH-1 districts for eligible projects in the Special Use District; 3) the Planning Code to exempt eligible projects in the Special Use District from certain height, open space, dwelling unit exposure, and rear-yard setback requirements, and exempt eligible projects that do not propose the demolition of any units subject to the rent increase limitations of the Rent Ordinance from conditional use authorizations, and neighborhood notification requirements; 4) amending the Subdivision Code to authorize eligible projects in the Special Use District to qualify for condominium conversion or a condominium map that includes the existing dwelling units and the new dwelling units that constitute the project; 5) amending the Administrative Code to require new dwelling or group housing units constructed pursuant to the density limit exception to be subject to the rent increase limitations of the Rent Ordinance; 6) amending the Zoning Map to show the Family Housing Opportunity Special Use District; and affirming the Planning Department's determination under the California Environmental Quality Act, and making findings of consistency with the General Plan, and the eight priority policies of Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 1 Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethr-eug,'1 italics Times ,\[e·,v Reman Jent. 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. CEQA and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 230026 and is incorporated herein by reference. The Board affirms this determination. (b) On June 1, 2023, the Planning Commission, in Resolution No. 21327, 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. 230026, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21327, and the Board adopts such reasons as its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 230026 and is incorporated herein by reference. Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page2 Section 2. General Findings. (a) California faces a severe crisis of housing affordability and availability, prompting the Legislature to declare, in Section 65589.5 of the Government Code, that the state has "a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of a chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state's environmental and climate objectives." (b) This crisis of housing affordability and availability is particularly severe in San Francisco. It is characterized by dramatic increases in rent and home sale prices over recent years. (c) According to the Planning Department's 2020 Housing Inventory, the cost of housing in San Francisco has increased dramatically since the Great Recession of 2008- 2009, with the median sale price for a two-bedroom house more than tripling from 2011 to 2021, from $493,000 to $1,580,000. This includes a 9% increase from 2019 to 2020 alone, even in the face of the COVID-19 pandemic. The median rental price for a two-bedroom apartment saw similar although slightly smaller increases, nearly doubling from $2,570 to $4,500 per month, from 2011 to 2019, before declining in 2020 due to the pandemic. (d) These housing cost trends come after decades of underproduction of housing in the Bay Area. The City's Chief Economist has estimated that approximately 5,000 new market-rate housing units per year would be required to keep housing prices in San Francisco constant with the general rate of inflation. To this end, the City's COVID-19 Economic Recovery Task Force included a recommendation in its October 2020 report to support Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 3 construction of small multifamily buildings in low density areas to support "missing middle" housing opportunities. (e) Moreover, San Francisco will be challenged to meet increased Regional Housing Needs Allocation ("RHNA") goals in the 2023-2031 Housing Element cycle, which total 82,069 units over eight years, more than 2.5 times the goal of the previous eight-year cycle. Of those units, 46,598 units must be affordable to extremely-low, very-low, low-, and moderate-income households. At the same time, relatively new State laws like Senate Bill 35 (2017) would limit San Francisco's local zoning control and discretion if the City does not meet these RHNA housing production goals. (f) San Francisco's new housing production in recent years has been heavily concentrated in the eastern and southeastern parts of the City, with 90% of all new housing produced in just ten eastside and central neighborhoods, according to the 2019 Housing Affordability Strategies Report. These neighborhoods are home to many of the City's most established communities of color and communities most vulnerable to displacement pressures. (g) The California Fair Housing Task Force annually updates the Tax Credit Allocation Committee/Department of Housing and Community Development Opportunity Map ("TCAC/HCD Opportunity Map"). The TCAC/HCD Opportunity Map identifies high-resource and highest-resource areas in the state whose concentration of resources have been shown to support positive economic, educational, and health outcomes for low-income families - particularly long-term outcomes for children. The ~2021 TCAC/HCD Opportunity Map is the basis for the Well-Resourced Neighborhoods Map in the 2023-2031 Housing Element, on file with the Clerk of the Board of Supervisors in File No. 230001. The Well-Resourced Neighborhoods Map is also on file with the Clerk of the Board of Supervisors in File No. ======~2~3~0~0~226 and is incorporated herein by reference. Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page4 (h) Since 2005, just 10% of all new housing in San Francisco and 10% of new affordable housing in San Francisco has been built in high- and highest-resource neighborhoods, though these areas cover nearly 52% of the residential land in the city. In these high-resource neighborhoods, 65% of the land is limited to one or two units. While these land use and development patterns characterize many western neighborhoods in the City, most residential parcels in northeastern neighborhoods contain multifamily homes of two or more units. Permitting additional units in high-resource areas - where the built environment is primarily comprised of single-family homes - will increase the supply of available housing, including the supply of modestly-sized family units that are more affordable than large, single-family homes. (i) While recent legislation has authorized multi-family homes in these neighborhoods, additional procedural requirements may render them too expensive to deliver. Streamlining and simplifying permit processes will help provide more equitable access to the application process and improve certainty of development outcomes for small multifamily buildings in high- and highest-resource neighborhoods. U) This ordinance creates the Family Housing Opportunity Special Use District (SUD), whose boundaries are generally coterminous with the Well-Resourced Neighborhoods Map in the 2023-2031 Housing Element. This legislation expands upon and complements recently enacted state legislation, such as SB 9, that aims to promote multifamily housing development in single-family neighborhoods. To this end, the legislation provides project sponsors flexibility to choose from a menu of incentives to fit their project needs - be it relief from procedural requirements like conditional use authorizations, neighborhood notification, and public-initiated discretionary review, relief from development standards like density, or a combination of the two. Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 5 (k) The Family Housing Opportunity SUD permits development of the greater ofup to four units or one unit per 1,000 square feet of lot area on an individual parcel in an RH District, provided that the proposed project is not located in the Telegraph Hill - North Beach Residential Special Use District or the North Beach Special Use District. While the boundaries of these SUDs overlap with the boundaries of the Family Housing Opportunity SUD, these areas already contain multifamily housing on most parcels. The proposed project must also comply complies with the heights and bulk specified in the City's Zoning Maps (Height & Bulk Maps HT01 through HT14 ), in addition to other eligibility criteria detailed in this ordinance. The SUD also permits up to one Group Housing -u-mtbedroom per 415 square feet of lot area in RH-1, RH-1 (D), and RH-1 (S) districts. In those same districts, the SUD permits the greater of~ 12 units or one unit per 1,000 square feet of lot area if the lot is the result of a merger of three lots, or the greater of eight units or one unit per 1,000 square feet of lot area if the lot is the result of a merger of two lots. This ordinance also streamlines approval by exempting certain eligible projects that do not propose the demolition of rent-controlled units from conditional use authorization and neighborhood notification requirements and public-initiated discretionary review hearings in Planning Code Section 311. (I) All parcels affected by this ordinance are considered urban infill sites under I Calif-ornia Government Code Section 65913(e)(3). This Board theref-ore declares that this ordinance is enacted pursuant to Calif-ornia Government Code Section 65913(0)(3). (m!) This Board finds that this ordinance is consistent with San Francisco's obligation to affirmatively further fair housing pursuant to California Government Code Section 8899.50, by increasing density for projects that enter into regulatory agreements with the City acknowledging that, in consideration for the density exceptions, the new units shall be subject to local rent control notwithstanding the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.50 et seq.). Increasing density in this manner meaningfully addresses Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page6 significant disparities in housing needs and access to opportunity. Additionally, this ordinance streamlines the approval process to promote certainty in development outcomes in high- and highest-resource neighborhoods. (nm) This Board finds that it is in the public interest to encourage the production of a variety of unit types, sizes, and tenure to accommodate people in different living situations, including a mix of smaller units that can help young adults secure housing and seniors to downsize, and larger units that can help growing or multi-generational families stay adequately housed. (en) This Board recognizes that additional development opportunities may lead to speculative real estate investments that may seek to displace current residents, demolish existing housing stock, build new units, and quickly sell those units. To discourage such speculation, demolition of existing units, and displacement of current residents, particularly in existing multifamily buildings. this ordinance makes the benefit of the streamlining and development incentives available only to persons who have owned their properties for Gflefive year~ prior to the date of their application, if the project contains two or more dwelling units. or one year prior to the date of their application, if the lot contains one or fewer dwelling units or a single-family home with an Unauthorized Unit . These requirements includ~~ the ownership duration of tl:leifan Eligible Predecessor, as defined herein, subject to exceptions for multiple ownership structures and vacant buildings described further in the ordinance. Section 3. Article 2 of the Planning Code is hereby amended by adding Section 249.94, to read as follows: SEC. 249.94. FAMILY HOUSING OPPORTUNITY SPECIAL USE DISTRICT. Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 7 (a) Purpose. To incentivize the development of multifamily housing in the City's well- resourced neighborhoods, a special use district entitled "Family Housing Opportunity Special Use District" is hereby established. (b) Boundaries. The boundaries o[the Family Housing Opportunity Special Use District are shown on Special Use District Maps Sheets SU l, SU 2, SU 3, SU 4, SU 5. SU 6. SU 7, SU 11, SU 12. and SU 13. These boundaries consist generally ofthe areas designated as high-resource and highest- resource on the Well-Resourced Neighborhoods Map ofthe 2023-2031 Housing Element. (c) Eligibility. An eligible proiect under this Section 249.94 shall be a proiect that complies with all the following criteria: (]) is located in an RH District in the Family Housing Opportunity Special Use District,!_ and is not located in the Telegraph Hill - North Beach Residential Special Use District (Section 249.49} or the North Beach Special Use District (Section 780.3}; (2) is not seeking or receiving approval under the provisions of Planning Code Sections 206.3, 206.5, or 206.6; (3) is not located on a parcel resulting from a lot split under California Government Code Section 66411. 7; (4) proposes any of the followingproiect types: (A) Single-Lot Development Project. The construction on a single lot. including through the alteration ofan existing structure, ofat least two dwelling units and no more than the maximum number of feur-dwelling units on a single lot prescribed in subsection (d)(1 )(A) of this Section 249.94. inclusive of any existing dwelling units on the site and any Unauthorized Units, as defined in Section 317, occupied by a tenant at any time within the five years preceding application. For a proiect proposing four dwelling units, the fourth dwelling unit shall be constructed in the rear yard pursuant to subsection (d)(3) ofthis Section 249.94. If the proposed rear-yard unit does not meet the requirements of subsection (d)(3} of this Section Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page8 249.94, the project shall be limited to three units. For a proiect proposing fewer than four dwelling units, up to one unit may be located in the rear yard pursuant to subsection (d)(3) of this Section 249.94. (B) Lot-Merger Development Proiect in RH-1 Districts. A merger ofup to three lots in RH-1. RH-1 (D). or RH-1 (S) districts and the construction on the resulting lot ofat least nine dwelling units and no more than the maximum number of42: dwelling units prescribed in subsection (d)(1 )(B) of this Section 249.94 for a three-lot merger proiect. or at least six dwelling units and no more than the maximum number of e+§hl dwelling units prescribed in subsection (d)(1 )(B) of this Section 249.94 for a two-lot merger proiect. A proiect proposing a lot merger shall not be eligible to construct a rear-yard unit pursuant to subsection (d)(3) of this Section 249.94. (C) Group Housing Development Proiect. A single-lot pro;ect pursuant to subsection (c)(4)(A) of this Section 249.94 and a lot-merger proiect pursuant to subsection (c)(4)(B) of this Section 249.94 may also propose the construction of Group Housing up to the density limits prescribed in subsection (d)(l)(C) of this Section 249.94 for projects located in RH-1, RH-1 (D), or RH-1 (S) districts. For projects outside of those districts, the group housing density limit shall be the limits Gf--currently other.vise permitted under the Planning Code, whichever is greater,_A project shall not propose both dwelling units and Group Housing bedrooms. Proiects proposing Group Housing tffii.tsbedrooms shall not be eligible for condominium subdivision, including but not limited to conversion pursuant to Subdivision Code Section 1396. 7,.~ (5) contains the following bedroom configurations: (A) for single-lot projects under subsection (c)(4)(A) of this Section 249.94, at least two dwelling units with two or more bedrooms.,., unless the project proposes the addition of one dwelling unit to a lot with three existing dwelling units, in which case the required bedroom configurations in this subsection (c)(5)(A) shall not apply: Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page9 (8) for two-lot merger projects under subsection (c)(4)(8} of this Section 249.94, at least two dwelling units with two bedrooms, or at least one dwelling unit with three bedrooms; (C} for three-lot merger projects under subsection (c)(4 )(8) of this Section 249.94. at least three dwelling units with two bedrooms, or at least two dwelling units with three bedrooms. (D) The requirements of this subsection (c)(5) may be satisfied by existing dwelling units retained on site. This provisionsubsection (c)(5) does not apply to projects where all of the units qualify as Group Housing projects; (6) includes more dwelling units than are existing on the site at the time of application. For the purposes of this subsection (c)(6), an Unauthorized Unit, as that term is defined in Planning Code Section 317, shall not be considered an existing dv,elling unit.an existing dwelling unit includes an Unauthorized Unit, as defined in Planning Code Section 317, that has been occupied by a tenant at any time within the five years preceding application submittal and also includes an Accessory Dwelling Unit, as defined in Planning Code Section 102. In the case of Group Housing, proiects utilizing this Section 249.94 shall provide more bedrooms than are existing on the site at the time of application: (7) does not propose the demolition ofa building that is: [4Llisted as a Contributor tolocated in an Article 10 Historic Districts;_ (B) listed as a Landmark under Article 10: (C) located in an Article 11 Conservation District. where the building has a rating of Category I. II. III or IV: (D) listed in or determined eligible for listing in the California Register of Historical Resources individually and/or as a contributor to a historic district; or. Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 10 (E) listed in or determined eligible for listing in the National Register of Historic Places individually and/or as a contributor to a historic district; (8) complies with the Planning Code and any applicable design guidelines, including but not limited to the provisions of this Section 249.94 and does not seek any variances or exceptions from the Planning Code. Notwithstanding the previous sentence, an eligible proiect shall strive for consistency with the Residential Design Guidelines to the extent feasible: (9) complies with the requirements o(Section 66300(d) o(the California Government Code, as may be amended from time to time and as are in effect at the time a complete project application is submitted, except as otherwise specified herein. including but not limited to requirements to replace all protected units and to offer existing occupants of any protected units that are lower income households relocation benefits and a right of.first refusal for a comparable unit. as those terms are defined therein. Notwithstanding the foregoing sentence, if California Government Code Section 66300 becomes inoperative, the project shall comply with the last operative version of Section 66300 before it became inoperative. This subsection (c}(9} does not modify or supersede any other City requirements related to relocation, including but not limited to the requirements of Chapter 37 of the Administrative Code:-aflti {l.QLdemonstratesthe project sponsor certifies under penalty of perjury that at the time of the submittal of their application, the proiect sponsor has owned the subiect lot for a minimum ofooefive year§, if the site contains two or more dwelling units, or a minimum of one year if the site contains one or fewer dwelling unitsprior to the time of the submittal of their application. Notwithstanding the foregoing sentence, a single-family home that contains an Unauthorized Unit shall be subject to the one-year requirement,. This ownership requirement in this subsection (c)(1 O} shall be subiect to the following: (A) Eligible Predecessor. A property owner who has inherited the subiect lot. including any inheritance in or through a trust, from a blood, adoptive. or step family relationship. Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 11 specifically from either (i) a grandparent. parent, sibling, child, or grandchild, or (ii) the spouse or registered domestic partner of such relations, or (iii) the property owner's spouse or registered domestic partner (each an "Eligible Predecessor"), may add an Eligible Predecessor's duration of ownership of the subiect lot to the property owner's duration of ownership of the same lot. (B) Multiple Ownership. Whenever property proposed for development is iointly owned, owned as common property'!._ or is otherwise subiect to multiple ownership, the durational requirements of this subsection (c)(JO) must be satisfied by: (i) the maiority ownership, whether represented by stock, membership interest, partnership interest, co-tenancy interest, or each lot to be merged, whether represented by stock, membership interest, partnership interest, co- tenancy interest, or otherwise, in the case ofproiects proposed under subsection (c)(4)(B). (C) Vacant or Abandoned Propertv. The ownership requirement in this subsection (c)(JO) that the project sponsor has owned the subject lot for a minimum of one year prior to the time of the submittal of their application shall not apply if the property has been vacant for one or more years at the time of application, or if the property has been registered as a vacant or abandoned building pursuant to Building Code Section 103A. 4 et seq. for at least five years preceding the application submittal if the existing site contains two or more dwelling units, or one year preceding application submittal if the site contains one or fewer dwelling units or a single-family home containing an Unauthorized Unit.:-aREI (D) The requirements of this subsection (c)(10) shall apply regardless of the legal form of ownership of the property, including but not limited to properties owned by a limited liability company. (11) the project sponsor certifies under penalty of perjury that the project does not propose the demolition of: (A) three or more dwelling units that are or were: Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 12 (i} subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years: or (ii) subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code} within the past five years: or (iii} rented by lower or very low income households within the past five years: or (B} a dwelling unit occupied by a tenant at the time of application: or (C} a dwelling unit from which a tenant has been evicted under Administrative Code Sections 37.9(a}(8}-(12} or 37.9(a}(14}-(16} within the past five years or a dwelling unit that has been vacated within the past five years pursuant to a Buyout Agreement, pursuant to the requirements of Administrative Code Section 37 .9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed and registered with the Rent Board pursuant to Administrative Code Section 37.9E(h}. (D} For the purposes of this subsection (c}(11} of Section 249.94, "lower or very low income households" shall have the same meaning as in Government Code Section 66300-:: and (12} the project sponsor has conducted one pre-application meeting prior to filing a development application. The Planning Department shall not accept a development application under this Section 249.94 without confirmation that the project sponsor has held at least one pre-application meeting conforming to the requirements of this subsection (c}(12} and any additional procedures established by the Planning Department. The project sponsor shall provide mailed notice of the pre-application meeting to the individuals and neighborhood Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 13 organizations specified in Planning Code Section 333(e}(2}(A} and (C}. The Planning Department shall establish additional procedures to administer this subsection (c)(12}. (d) Other Controls. (1) Density Exceptions. Proiects that meet the eligibility criteria in subsection (c) of this Section 249.94 are exempt from residential density limits. calculation of which shall not include any Accessory Dwelling Units permitted under Section 207, as follows: (A) Single-Lot Density Exception. For proiects eligible under subsection (c)(4)(A). the greater ofup to four dwelling units per lot or one dwelling unit per 1,000 square f.eet of lot area are allm,.:able..:. (B) Lot-Merger Density Exception. For proiects eligible under subsection (c)(4)(B). the greater of-LI-JH9 twelve dwelling units per lot or one dwelling unit per 1,000 square feet of lot area are allovvable. if the lot is the result of a merger of three lots, or the greater of up to eight dwelling units per lot or one dwelling unit per 1,000 square feet of lot area are allo'Nable~ the lot is the result ofa merger of two lots; (C) Group Housing Density Exception. For both Single-Lot and Lot-Merger Development Proiects under subsection (c)(4)(A) or (B). up to one Group Housing-umtbedroom per 415 square feet of/ot area is allo'Nable in RH-1. RH-1 (D ). and RH-1 (S) districts. (2) Height. Notwithstanding any other provision of this Code, including but not limited to Section 261.<!ll. the height limit for a proiect that meets the eligibility criteria in subsection (c) of this Section 249.94 shall be 40 feet, if 40 feet is authorized by the Height Map of the Zoning Map. Notwithstanding the foregoing sentence, a project shall comply with the requirements of Section 261 (c}. (3) Construction o(Rear-Yard Unit. Construction ofa rear-yard unit shall be governed by the following standards: (A) The subiect parcel must be at least 2.400 square feet; Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 14 (B) The rear-yard unit shall be located at least four feet from the side and rear lot lines and shall not share structural walls with any other structure on the lot; (C) Compliance with minimum rear-yard requirements shall not be required, except that a minimum 25 feet separation shall be provided between the facades that (ace each other; (D) For the rear-yard unit and units in the primary building that obtain their only Code-complying exposure from the rear yard, +Rathe dwelling unit exposure requirements of Section 140(a)(2) may be satisfied through qualifying 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 eaeA:subsequent floorfl;_ (E) The rear-yard building height shall be limited to 20 feet measured from existing grade at any given point to either i) the highest point o(a finished roof_,_ in the case o(a flat roof, or ii) the average height o(a pitched roof or stepped roof, or similarly sculptured roo(form. The rear-yard building shall not be eligible for any height exemptions in subsection (d)(2) o(this Section 249.94 or in Section 260(b); and (F) Each dwelling unit or group housing bedroom shall have at least 100 square feet o(usable open space i(private. aooor 133 square feet i(common. (4) Rear-Yard Setback Requirements For proiects that do not construct a rear-yard unit pursuant to subsection (d)(3) o(this Section 249.94, the basic rear yard setbackrequirement shall be equal to 30% o(the total depth o(the lot on which the building is situated, but in no case less than 15 feet. (5) Open Space Requirements for Lot-Merger Projects. For proiects eligible under subsection (c)(4)(B) o(this Section 249.94, each dwelling unit shall have at least 100 square feet of usable open space ifprivate, aru::1-or 133 square feet if common. Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 15 (6) Minimum Density Requirement on Merged Lots. For lots merged pursuant to subsection (c)(4)(B) of this Section 249.94, any development on the resulting lot shall be subject to the following minimum densities: (A) six units per lot, if the lot results from a two-lot merger,~ or (B) nine units per lot, if the lot results from a three-lot merger. (e) Applicabilitv of Rent Ordinance; Regulatory Agreements. (1) Sponsors o(projects utilizing any of the density exceptions above the base density up to the limits in subsection (d)(l) of this Section 249.94 shall enter into a regulatory agreement with the City subjecting the new units created pursuant to such density exception, except for any required Affordable Units as defined in Planning Code Section 401, to the Residential Rent Stabilization and Arbitration Ordinance (Chapter 3 7 o(the Administrative Code), as a condition of approval of the density exception ("Regulatory Agreement"). (2) The property owner and the Planning Director, or the Director's designee, on behalf of the City, will execute the Regulatory Agreement, which is subject to review and approval by the City Attorney's Office. The Regulatory Agreement shall be executed prior to the City's issuance of the First Construction Document for the project, as defined in Section 107 A.13.1 of the Building Code. Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded in the title records in the Office of the Assessor-Recorder against the property and shall be binding on all future owners and successors in interest. (3) At a minimum, the Regulatory Agreement shall contain the following: (A) A description of the total number of units approved, including the number of units subject to the Rent Stabilization and Arbitration Ordinance and other restricted units, if any, and the location, square footage of dwelling units, and number of bedrooms in each unit; Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 16 (B) A statement that the new units created pursuant to the density exception are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.50 et seq.)~ Further, because that under Section 1954.52(b). the property owner has entered into and agreed to the terms of the agreement with the City in consideration for an exception from residential density limits, or other direct financial contribution or other forms of assistance specified in California Government Code Section 65915 et seq.; (C) A description of the residential density exception or other direct financial contribution or forms of assistance provided to the property owner; and (D) A description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement. (f) Review and Approvals. Notwithstanding any other provision of this Code,1, the following shall apply to any project that meets the eligibility criteria in subsection (c} of this Section 249.94, aRG-irrespective of whether aproiect is utilizing a density exception to construct units above the applicable density limit in the RH district pursuant to subsection (d)(l) of this Section 249. 94, for any project that meets the eligibility criteria in subsection (c) of this Section 24 9.94, the following shall apply.::_ (1) No conditional use authorization shall be required, including but not limited to the requirements ofSections 303 and 317 ofthis Code, unless: (A) a project would demolish twaany units that are subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code}: or (8) a project requires a conditional use authorization pursuant to Sections 249.77 or 249.92. (2) Compliance with Section 311 of this Code shall not be required. unless a project would demolish any units that are subject to limits on rent increases under the Residential Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 17 Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), in which case the requirements of Section 311 shall apply; and (3) A Notice of Special Restrictions ("NSR ") shall be recorded on the title of any property receiving approval under this Section 249.94. The NSR shall: (A) Describe the uses. restrictions, and development controls approved under Planning Code Section 249.94, including but not limited to the minimum density restrictions set forth in subsection (d)(6); (B) State that the NSR runs with the land and is binding on all future owners and successors in interest: (C) Provide the Planning Department with the ability to enforce the provisions ofthis Section 249.94; (D) Describe any other conditions that the Planning Director or Planning Commission deems appropriate to ensure compliance with this Section 249.94; and (E) Be signed by the City and recorded prior to issuance of the buildingpermit .for the project receiving approval under this Section 249.94. (g) Review of Program. The Planning Department shall include the location and number of units o(projects using this Section 249.94 in the Housing Inventory Report. Prior to December 31, 2030, the Planning Department shall prepare a report containing recommendations for modifications to this Section 249.94, including modifications to the boundaries described in subsection (b), to further the goals of the City's Seventh Housing Element Cycle. Section 4. Pursuant to Sections 106 and 302(c) of the Planning Code, Sheets SU 1, SU 2, SU 3, SU 4, SU 5, SU 6, SU 7, SU 11, SU 12, and SU 13 of the Zoning Map of the City and County of San Francisco are hereby amended, as follows: Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 18 Description of Property All parcels within the westernmost boundary of the Great Highway; the northernmost boundary of the City; and the area bounded by Leavenworth between Jefferson and North Point; Columbus between North Point and Chestnut; Chestnut between Taylor and Montgomery; Montgomery between Chestnut and Greenwich; Greenwich between Montgomery and Sansome; Sansome between Greenwich and Vallejo; Vallejo between Sansome and Kearny; Kearny between Vallejo and Filbert; Filbert between Kearny and Columbus; Columbus between Filbert and Greenwich; Mason between Greenwich and Green; Green between Mason and Leavenworth; Leavenworth between Green and Washington; Washington between Leavenworth and Powell; Powell between Washington and California; California between Powell and Leavenworth; Leavenworth between California and Bush; Bush between Leavenworth and Van Ness; Supervisors Melgar; Engardio BOARD OF SUPERVISORS Special Use District Hereby Approved Family Housing Opportunity Special Use District Page 19 Van Ness between Bush and California; California between Van Ness and Steiner; Steiner between California and Sutter; Sutter between Steiner and Gough; Gough between Sutter and Geary; Geary between Gough and Baker; St. Joseph's Avenue between Geary and Turk; Turk between St. Joseph's Avenue and Scott; Scott between Turk and McAllister; McAllister between Scott and Steiner; Steiner between McAllister and Fulton; Fulton between Steiner and Laguna; Laguna between Fulton and Oak; Oak between Laguna and Fillmore; Fillmore between Oak and Page; Page between Fillmore and Webster; Webster between Page and Haight; Haight between Webster and Laguna; Laguna between Haight and Market; Market between Laguna and Castro; Castro between Market and 21st Street; 21st Street between Castro and Dolores; Dolores between 21st Street and Cesar Chavez; Cesar Chavez between Dolores and Noe; Noe between Cesar Chavez and Laidley; Harry Street Stairs between Laidley and Beacon; Beacon Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 20 between Harry Street Stairs and Miguel; Miguel between Beacon and Bemis; Bemis between Miguel and Castro; Sussex between Castro and Diamond; Diamond between Sussex and Surrey; Surrey between Diamond and Bosworth; Bosworth between Surrey and San Jose; San Jose between Bosworth and Ocean; Ocean between San Jose and Howth; Howth between Ocean and Mt. Vernon; Mt. Vernon between Howth and Harrold; Grafton between Harold and Capitol; Capitol between Grafton and Lakeview; Lakeview between Capitol and Ashton; Ashton between Lakeview and Holloway; Holloway between Ashton and Junipero Serra; Junipero Serra between Holloway and 19th Avenue; 19th Avenue between Junipero Serra and Eucalyptus; Eucalyptus between 19th Avenue and Middlefield; Middlefield between Eucalyptus and Lake Merced Boulevard; Lake Merced Boulevard between Middlefield and Skyline Boulevard; Skyline between Lake Merced Boulevard and Sloat; Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 21 Sloat between Skyline and the Great Highway. Section 5. Article 9 of the Subdivision Code is hereby amended by amending Sections 1359, 1396.4, 1396.5 and adding Section 1396.7, to read as follows: SEC.1359. PARCEL MAP. * * * * (c) In the case of Conversions where a Tentative Map is not required, the requirements of Section 1314 and the requirements of Article 9 on Conversions shall apply, provided that hearings as provided in Sections 1313 and 1332 shall not be required, and provided further that Article 9 shall not be applied to two-unit buildings where both units are owner-occupied for one year prior to the application for Conversion. This exemption for owner-occupied two::unit buildings shall not apply to units legalized pursuant to Section 207.3 of the Planning Code or units constructed pursuant to Section 249.94 of the Planning Code. * * * * SEC. 1396.4. CONDOMINIUM CONVERSION FEE AND EXPEDITED CONVERSION PROGRAM. (a) Findings. The findings of Planning Code Section 415.1 concerning the City's inclusionary affordable housing program are incorporated herein by reference and support the basis for charging the fee set forth herein as it relates to the conversion of dwelling units into condominiums. Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page22 (b) Any building may be exempted from the annual lottery provisions of Section 1396 if the building owners for said building comply with either: (1) Section 1396.3(9)(1) and all the requirements of this Section 1396.4..:_ &-(2) all the requirements of Section 1396.6; or (3) all the requirements o(Section 1396. 7. Notwithstanding the foregoing sentence, no property or applicant subject to any of the prohibitions on conversions set forth in Section 1396.2, in particular a property with the eviction(s) set forth in Section 1396.2(b), is eligible for the Expedited Conversion program under this Section 1396.4. Eligible buildings as set forth in this subsection (b) may exercise their option to participate in this program according to the following requirements: **** SEC. 1396.5. SUSPENSION OF THE LOTTERY PENDING PRODUCTION OF REPLACEMENT UNITS FOR EXPEDITED CONVERSION UNITS. **** (c) Except as otherwise authorized under Section 1396.6 or Section 1396. 7, the Department shall not accept an application for the conversion of residential units under Section 1396 nor conduct a lottery under this Article prior to January 1, 2024. Thereafter, the lottery shall resume upon the earlier of the following: (1) the first February following the Mayor's Office of Housing and Community Development report pursuant to subsection (b) showing that the total number of Conversion Replacement Units produced in the City of San Francisco exceeded the total number of units converted as identified in the Department's report prepared pursuant to Subsection (a); or (2) completion of the "Maximum Suspension Period" as defined below. **** Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page23 SEC. 1396. 7. CONDOMINIUM CONVERSION ASSOCIATED WITH PROJECTS CONSTRUCTED PURSUANT TO PLANNING CODE SECTION 249.94. (a) Findings. The findings of Planning Code Section 415.1 concerning the City's inclusionary affprdable housing program are incorporated herein by reference and support the basis for charging the fee set forth herein as it relates to the conversion of dwelling units into condominiums. (b) Definition. "Existing Dwelling Unit" shall mean the dwelling unit in existence on a lot at the time of the submittal ofan application to construct a new dwelling unit pursuant to Planning Code Section 249.94. (c) Notwithstanding Section 1396.4 of this Code and Ordinance No. 117-13, a subdivider ofa one-unit building that has obtained a permit to build one or more new dwelling units pursuant to Planning Code Section 249.94, which results in two or more dwelling units, and that has signed an affidavit stating the subdivider 's intent to reside in one of those resulting dwelling units, or in the Existing Dwelling Unit, for a period of three years after the approval of the Certificate of Final Completion and Occupancy for the new dwelling units, shall (1) be exempt from the annual lottery provisions of Section 1396 of this Code with respect to the dwelling units built as part of the Proiect and (2) be eligible to submit a condominium conversion application for the Existing Dwelling Units and/or include the Existing Dwelling Units in a condominium map application for the proiect approved pursuant to Planning Code Section 249.94. Notwithstanding the foregoing sentence, no property or applicant subiect to any of the prohibitions on conversions set forth in Section 1396.2 of this Code, including but not limited to a property with the eviction(s) set forth in Section 1396.2{b), shall be eligible for condominium conversion under this Section 1396. 7. Eligible buildings as set forth in this subsection (c) may exercise their option to participate in this program according to the following requirements: Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page24 (1) The applicant(s) for the subiect building seeking to convert dwelling units to condominiums or subdivide dwelling units into condominiums under this subsection shall pay the fee specified in Section 1315 of this Code. (2) In addition to all other provisions of this Section 1396. 7, the applicant(s) shall comply with all of the following: (A) The requirements o(Subdivision Code Article 9. Sections 1381, 1382, 1383, 1386. 1387. 1388. 1389. 1390, 1391(a) and (k). 1392. 1393. 1394. and 1395. (B) The applicant(s) must certify under penalty of perjury that within the 60 months preceding the date of the subiect application. no tenant resided at the property. (C) The applicant(s) must certify under penalty of perjury that to the extent any tenant vacated their unit after March 31. 2013. and before recordation o(the final parcel or subdivision map. such tenant did so voluntarily or if an eviction or eviction notice occurred it was not pursuant to Administrative Code Sections 37.9(a)(8)-{12) and 37.9(a)(14)-(16). The applicant must also certify under penalty of perjury that to the extent any tenant vacated their unit after March 31, 2013, and before recordation of the final parcel or subdivision map, such tenant did not vacate the unit pursuant to a Buyout Agreement, pursuant to the requirements of Administrative Code Section 37 .9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed and registered with the Rent Board pursuant to Administrative Code Section 37.9E(h). !fa temporary eviction occurred under Sections 37.9(a)(l 1) or 37.9(a)(l 4), then the applicant(s) shall certify under penalty of perjury that the original tenant reoccupied the unit after the temporary eviction. (3) If the Department finds that a violation of this Section 1396. 7 occurred prior to recordation of the final map or final parcel map, the Department shall disapprove the application or subiect map. If the Department finds that a violation of this Section occurred after recordation of the Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 25 final map or parcel map, the Department shall take such enforcement actions as are available and within its authority to address the violation. (4) This Section 1396. 7 shall not prohibit a subdivider who has lawfully exercised the subdivider's rights under Administrative Code Section 37.9(a)(l 3) from submitting a condominium conversion application under this Section 1396. 7. (d) Decisions and Hearing on the Application. (1) The applicant shall obtain a final and e(fective tentative map or tentative parcel map approval for the condominium subdivision or parcel map within one year ofpaying the fee specified in subsection (e) of this Section 1396. 7. The Director of the Department of Public Works or the Director's designee is authorized to waive the time limits set forth in this subsection (d)(l) as it applies to a particular building due to extenuating or unique circumstances. Such waiver may be granted only after a public hearing and in no case shall the time limit extend beyond two years after submission of the application. (2) No less than 20 days prior to the Department's proposed decision on a tentative map or tentative parcel map, the Department shall publish the addresses of buildings being considered for approval1.-aRG post such information on its websitecl, post notice that such decision is pending at the affected buildings, and provide written notice of such pending decision to the applicant. all tenants of such buildings, and any member of the public who interested party who has requested such notice. During this time, any interested party may file a written obiection to an application and submit information to the Department contesting the eligibility of a building. In addition, the Department may elect to hold a public hearing on said tentative map or tentative parcel map to consider the information presented by the public, other City department, or an applicant. If the Department elects to hold such a hearing it shall post notice of such hearing, including posting notice at the subject building, and provide written notice to the applicant. all tenants of such building. any member of the public who submitted information to the Department, and any interested party who has Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page26 requested such notice. In the event that an obiection to the conversion application is filed in accordance with this subsection (d)(2), and based upon all the facts available to the Department, the Department shall approve, conditionally approve, or disapprove an application and state the reasons in support of that decision. (3) Any map application subiect to a Departmental public hearing on the subdivision or a subdivision appeal shall receive a six-month extension on the time limit set forth in subsection (d)(l) ofthis Section 1396. 7. (e) Should the subdivision application be denied or be reiected as untimely in accordance with the dates specified in subsection (d)(l) of this Section 1396. 7, or should the tentative subdivision map or tentative parcel map be disapproved, the City shall refund the entirety of the application fee. (0 Conversion of buildings pursuant to this Section 1396. 7 shall have no effect on the terms and conditions applicable to such buildings under Section 1385A or 1396 of this Code. Section 6. Chapter 37 of the Administrative Code is hereby amended by revising Sections 37.2 and 37.3, to read as follows: SEC. 37 .2. DEFINITIONS. **** (r) Rental Units. All residential dwelling units in the City together with the land and appurtenant buildings thereto, and all housing services, privileges, furnishings, and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. * * * * The term "rental units" shall not include: * * * * Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page27 \ (4) Except as provided in subsections (A)-(E), dwelling units whose rents are controlled or regulated by any government unit, agency, or authority, excepting those unsubsidized and/or unassisted units which are insured by the United States Department of Housing and Urban Development; provided, however, that units in unreinforced masonry buildings which have undergone seismic strengthening in accordance with Building Code Chapters 16B and 16C shall remain subject to the Rent Ordinances to the extent that the ordinance is not in conflict with the seismic strengthening bond program or with the program's loan agreements or with any regulations promulgated thereunder; * * * * (D) The term "rental units" shall include (i) Accessory Dwelling Units constructed pursuant to Section 207(c)(4) of the Planning Code and that have received a complete or partial waiver of the density limits and the parking, rear yard, exposure, or open space standards from the Zoning Administrator pursuant to Planning Code Section 307(1),~ aflG-(ii) New Unit(s) constructed and funded pursuant to Administrative Code Chapter 85-c~ new dwelling units created pursuant to the density exception set forth in Section 207(c)(8) of the Planning Code; (iv) new dwelling units created pursuant to the HOME-SF Program set forth in Section 206.3(c)(1 )(B) of the Planning Code; and (v) new dwelling units created pursuant to the density exception set forth in Section 249.94(d)(1) of the Planning Code. (E) The term "rental units" shall include any new d•;.ielling units created pursuant to the density exceptions set forth in Sections 207(c)(8) and 249.94 of the Planning Code. (E) The term "rental units" shall include any nev.' d•;.ielling units created pursuant to the HOME SF Program set forth in Section 206.3(c)(1 )(8) of the Planning Code. * * * * Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 28 SEC. 37 .3. RENT LIMITATIONS. (a) Rent Increase Limitations for Tenants in Occupancy. Landlords may impose rent increases upon tenants in occupancy only as provided below and as provided by subsections 37.3(d) and 37.3(g): * * * * (d) Costa-Hawkins Rental Housing Act (Civil Code Sections 1954.50. et seq.). Consistent with the Costa-Hawkins Rental Housing Act (Civil Code Sections 1954.50. et seq.) and regardless of whether otherwise provided under Chapter 37: (1) Property Owner Rights to Establish Initial and All Subsequent Rental Rates for Separately Alienable Parcels. (A) An owner or residential real property may establish the initial and all subsequent rental rates for a dwelling or a unit which is alienable separate from the title to any other dwelling unit or is a subdivided interest in a subdivision as specified in subdivision (b ), (d), or (f) of Section 11004.5 of the California Business and Professions Code. The owner's right to establish subsequent rental rates under this paragraph shall not apply to a dwelling or unit where the preceding tenancy has been terminated by the owner by notice pursuant to California Civil Code Section 1946 or has been terminated upon a change in the terms of the tenancy noticed pursuant to California Civil Code Section 827; in such instances, the rent increase limitation provisions of Chapter 37 shall continue to apply for the duration of the new tenancy in that dwelling or unit. **** (D) An owner's right to establish subsequent rental rates under subsection 37.3(d)(1) shall not apply to a dwelling or unit that is a new dwelling unit created pursuant to the Code provisions specified in Section 37.2(r)(4)(D).density exceptions set f.orth in Sections 207(0)(8) and 249.94 of the Planning Code. Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 29 **** (g) New Construction and Substantial Rehabilitation. (1) An owner of a residential dwelling or unit which is newly constructed and first received a certificate of occupancy after the effective date of Ordinance No. 276-79 (June 13, 1979), or which the Rent Board has certified has undergone a substantial rehabilitation, may establish the initial and all subsequent rental rates for that dwelling or unit, except: (A) where rent restrictions apply to the dwelling or unit under Sections 37.3(d) or 37.3(f); (B) where the dwelling or unit is a replacement unit under Section 37.9A(b); (C) as provided for certain categories of unitsAccessory Dwelling Units and New Unit(s) under Section 37 .2(r)(4 )(D); and (D) as provided in a development agreement entered into by the City under Administrative Code Chapter 56-;-aoo,; (E) as provided for certain categories of ne•.v d•Nelling units under Section 37.2(r)(4 )(E). Section 7. The Planning Department, the Department of Public Works, and the Rent Board are authorized to adopt regulations to implement this ordinance. Section 8. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 30 additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. Section 8~. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this ordinance or application thereof would be subsequently declared invalid or unconstitutional. Section 910. No Conflict with Federal or State Law. Nothing in this ordinance shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. Section 4Q11 . 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. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: ls/Giulia Gualco-Nelson GIULIA GUALCO-NELSON Deputy City Attorney n:\legana\as2023\2300112\01692861.docx Supervisors Melgar; Engardio BOARD OF SUPERVISORS Page 31 ... City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 230026 Date Passed: September 05, 2023 Ordinance amending 1) the Planning Code to create the Family Housing Opportunity Special Use District; 2) the Planning Code to authorize up to four units on individual lots in the RH (Residential, House) District, excluding lots located in the Telegraph Hill - North Beach Residential Special Use District and the North Beach Special Use District, the greater of up to twelve units or one unit per 1,000 square feet of lot area on three merged lots and the greater of up to eight units or one unit per 1,000 square feet of lot area on two merged lots in RH-1 (Residential, House: One Family) districts, and Group Housing in RH-1 districts for eligible projects in the Special Use District; 3) the Planning Code to exempt eligible projects in the Special Use District from certain height, open space, dwelling unit exposure, and rear-yard requirements, and exempt eligible projects that do not propose the demolition of any units subject to the rent increase limitations of the Rent Ordinance from conditional use authorizations and neighborhood notification requirements; 4) the Subdivision Code to authorize eligible projects in the Special Use District to qualify for condominium conversion or a condominium map that includes the existing dwelling units and the new dwelling units that constitute the project; 5) the Administrative Code to require new dwelling or group housing units constructed pursuant to the density limit exception to be subject to the rent increase limitations of the Rent Ordinance; 6) the Zoning Map to show the Family Housing Opportunity Special Use District; and affirming the Planning Department's determination under the California Environmental Quality Act, and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. June 12, 2023 Land Use and Transportation Committee - CONTINUED July 10, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE July 10, 2023 Land Use and Transportation Committee - DUPLICATED AS AMENDED July 10, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED July 17, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 17, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED July 24, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE July 24, 2023 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT July 25, 2023 Board of Supervisors - PASSED ON FIRST READING City and County of San Francisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Pagel Printed at 12:00 pm on 9/6123 September 05, 2023 Board of Supervisors - FINALLY PASSED Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton File No. 230026 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/5/2023 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 12:00 pm on 9/6123