o0289-19

FILE NO. 191016 ORDINANCE NO. 289-19 [Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program] Ordinance amending the Planning Code to require at least half of residential units in Educator Housing projects to have two or more bedrooms, to eliminate the requirement that Educator Housing projects have a minimum amount of three-bedroom units, conditioned on the passage of Proposition E in the November 5, 2019, Municipal Consolidated Election; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text proposed by Proposition E, and uncodified text, are in plain Arial font. Additions to Code text proposed by Proposition E are in single-underline italics Times New Roman font. Deletions to Code text proposed by Proposition E are in strikethrough italics Times }{cw Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in stril<ethrough /\rial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Environmental and Planning Code 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 Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 191016 and is incorporated herein by reference. The Board affirms this determination. Supervisors Fewer; Mar, Peskin, Haney, Safai, Walton, Ronen, Preston BOARD OF SUPERVISORS Page 1 (b) On November 21, 2019, the Planning Commission, in Resolution No. 20570, 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. 191016, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20570 and the Board incorporates such reasons herein by reference. A copy of Planning Commission Resolution No. 20570 is on file with the Clerk of 1 O the Board of Supervisors in File No. 191016. Section 2. Article 2 of the Planning Code is hereby amended by revising Section 206.9, as proposed by Proposition Eon the November 5, 2019 Consolidated Municipal Election ballot, to read as follows: SECTION 206.9. 100% AFFORDABLE HOUSING AND EDUCATOR HOUSING STREAMLINING PROGRAM. (a) Purpose. The purpose of the 100% Affordable Housing and Educator Housing Streamlining Program is to facilitate the construction and development of 100% Affordable Housing Projects and Affordable Educator Housing Projects, as defined in subsection (b ), in which Residential Units are affordable to Very-Low, Low, and Moderate Income Households. (b) Definitions. The definitions of Section 102 and the definitions in Section 401 for "Area Median Income" or "AMI," "Housing Project," and "Life of the Project," shall generally apply to Section 206.9. The following definitions shall also apply, and shall prevail if there is a conflict with other sections of the Planning Code, including Section 206.2. Supervisors Fewer; Mar, Peskin, Haney, Safai, Walton, Ronen, Preston BOARD OF SUPERVISORS Page 2 (1) "100% Affordable Housing." Residential Units that are deed-restricted for 55 years or the Life of the Project, whichever is longer and consistent with any applicable tax credit regulatory requirements, to be affordable to Very-Low, Low, or Moderate income households with an income up to 120% of the unadjusted area median family income (AMI) for the HUD Metro Fair Market Rent Area (HMFA) that contains San Francisco, as published annually by MOHCD. (2) "100% Affordable Housing Project." A project for the development of Residential Units all of which are 100% Affordable Housing, up to a maximum overall average of 80% AMI across all Residential Units in the project. A 100% Affordable Housing Project 1 O may also include principally permitted non-residential uses on the ground floor, and non- residential uses that are accessory to and supportive of the affordable housing. Notwithstanding the foregoing, the maximum affordable rent or sales price for a Residential Unit in a 100% Affordable Housing Project may be no higher than 20% below median market rents or sales prices for that unit size in the neighborhood in which the project is located, which neighborhood shall be defined in accordance with the American Community Survey Neighborhood Profile Boundaries Map. MOHCD shall determine the allowable rents and sales prices, and the eligible households for such units accordingly. (3) "Educator Housing Project." A project for the development of deed- restricted Residential Units all of which are restricted for the Life of the Project or 55 years, whichever is longer and consistent with any applicable tax credit regulatory requirements, to occupancy by at least one employee of the San Francisco Unified School District ("SFUSD") or San Francisco Community College District ("SFCCD"), as verified by the Planning Department or MOHCD. At least four-fifths of the units in an Educator Housing Project must be deed restricted for the Life of the Project or 55 years, whichever is longer and consistent with any applicable tax credit regulatory requirements to be affordable to households with an Supervisors Fewer; Mar, Peskin, Haney, Safai, Walton, Ronen, Preston BOARD OF SUPERVISORS Page 3 income from 30% to 140% of the unadjusted area median family income (AMI), with an overall average of 100% AMI across all such units. Up to one-fifth of the units may be deed restricted up to a maximum 160% AMI for the HUD Metro Fair Market Rent Area (HMFA) that contains San Francisco, as published annually by MOHCD. An Educator Housing Project is also allowed to be a mixed-use development project with a maximum 20% of the gross building square footage designated for non-residential neighborhood-serving uses. (A) No units in an Educator Housing Project shall be smaller than the minimum unit sizes set forth by the California Tax Credit Allocation Committee as of May 16, 2017, or smaller than 300 square feet for a studio. 1 O (B) Any units in an Educator Housing Project with a rental rate set £tt above 120% of Area Median Income or above shall have a minimum occupancy of two persons. (C) Notwithstanding any other provision of this Code, an Educator Housing Project shall include a minimum of J9% 50% of the total units as 2-bedroom units or larger. and a minimum of20% of the total units as 3 bedroom units or larger. All references in this Section 206.9 to other sections of the Planning Code shall refer to those other sections as they may be amended from time to time after the effective date of the initiative measure enacting this Section 206.9. (c) Applicability. A 100% Affordable Housing Project or Educator Housing Project under this Section 206.9 shall be a Housing Project that: (1) is located in any zoning district that allows Residential Uses; (2) is located on a lot or lots equal to or greater than 10,000 square feet; (3) is not located on land under the jurisdiction of the Recreation and Parks Department for the purpose of a public park; Supervisors Fewer; Mar, Peskin, Haney, Safai, Walton, Ronen, Preston BOARD OF SUPERVISORS Page 4 (4) meets the definition of a "100 Percent Affordable Housing Project" or an "Educator Housing Project" in subsection (b ); and (5) does not demolish, remove, or convert any Residential Units, and does not include any other parcel that has any Residential Units that would be demolished, removed, or converted as part of the project. (d) Density. Notwithstanding any other provisions of this Code, density of an 100% Affordable Housing Project or Educator Housing Project shall not be limited by lot area or zoning district maximums but rather by the applicable requirements and limitations set forth elsewhere in this Code, including consistency with the Affordable Housing Bonus Program 1 O Design Guidelines, referenced in Section 315.1, as determined by the Planning Department. ( e) Zoning Modifications. Notwithstanding any other provision of this Code, 100% Affordable Housing Projects and Educator Housing Projects may select any or all of the following Planning Code modifications: (1) Rear Yard. The required rear yard per Section 134 or any applicable special use district may be reduced to no less than 15 feet. Rear yards shall be provided with an open area at the lowest story containing a Dwelling Unit, and at each succeeding level or story of the building. Projects located on corner parcels may meet the minimum rear yard requirement at the interior corner of the property provided that each horizontal dimension of the open space is a minimum of 15 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, and provides for access to light and air to and views from adjacent properties. (2) Open Space. The required common open space per Section 135 may be reduced to no less than 36 square feet of open space per unit. (3) Inner Courts as Open Space. Inner courts qualifying as useable common open space per Section 135(g)(2) may be provided by courtyards with no less than 25 feet in Supervisors Fewer; Mar, Peskin, Haney, Safai, Walton, Ronen, Preston BOARD OF SUPERVISORS Page 5 every horizontal dimension, with no restriction on the heights of adjacent walls. All area within such an inner court shall qualify as common open space under Section 135. (4) Dwelling Unit Exposure. The dwelling unit exposure requirements of Section 140(a)(2) may be satisfied through qualifying windows facing an unobstructed open area that is no less than 15 feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor. (5) Required commercial space. Notwithstanding any other provision of this Code, any required ground-floor commercial space may include Arts Activities or Neighborhood-Serving Businesses, as defined in Section 102. Ground floor commercial 1 O spaces accessory to the 100% Affordable Housing or Educator Housing Project shall not be limited by use size restrictions. Ground floor Arts Activities or Neighborhood-Serving Businesses shall be considered active uses if more than 50 percent of the linear street frontage provides transparent walls and direct pedestrian access to a public sidewalk, and are consistent with the Ground Floor Residential Design Guidelines. (6) Ground Floor Ceiling Height. Projects with active ground floors, as defined in Section 145.1 (b )(2), shall receive up to a maximum of an additional five feet above the height limit, exclusively to provide a minimum 14-foot (floor to ceiling) ground floor ceiling height. (7) Projects located entirely or partially on a parcel or parcels designated on the San Francisco Zoning Map as open space (OS) that are not under the jurisdiction of the Recreation and Parks Department shall be deemed to have a height limit and a bulk designation of the closest zoning district that allows Residential Uses. (f) Controls. Notwithstanding any other provision of this Code, no conditional use authorization shall be required for a 100% Affordable Housing Project and Educator Housing Project, unless the voters adopted such conditional use requirement. Supervisors Fewer; Mar, Peskin, Haney, Safai, Walton, Ronen, Preston BOARD OF SUPERVISORS Page 6 (g) Authorization. Projects under this Section 206.9 shall be approved under the provisions set forth in Section 315. (h) Amendment by Board of Supervisors. The Board of Supervisors by not less than two-thirds vote of all its members may by ordinance amend any part of this Section 206.9 if the amendment furthers the purpose of this Section. Section 3. Purpose Finding. The Board of Supervisors finds that the amendments of Planning Code Section 206.9 contained in this ordinance further the purpose of that Section. Section 4. Effective and Operative Dates. (a) 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. (b) This ordinance shall become operative on the later of its effective date or the effective date of Proposition Eon the November 5, 2019 Consolidated Municipal Election ballot. If Proposition E does not pass, this ordinance shall be null and void. Section 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code (as proposed by Proposition Eon the November 5, 2019 Consolidated Municipal Election ballot) that are explicitly shown in this ordinance as additions, deletions, Board Supervisors Fewer; Mar, Peskin, Haney, Safai, Walton, Ronen, Preston BOARD OF SUPERVISORS Page 7 amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. Section 5. Supermajority Vote Requirement. Under Planning Code Section 206.9(h), if Proposition E on the November 5, 2019 Consolidated Municipal Election ballot is approved, the City may enact this ordinance only if the Board approves the ordinance by at least a two- thirds vote of all its members. APPROVED AS TO FORM: DENNIS. J. HERRERA, C~t)'\Attorney . . I By: n:\legana\as2019\2000029\01398081.docx ·~supervisors Fewer; Mar, Peskin, Haney, Safai, Walton , Ronen, Preston BOARD OF SUPERVISORS Page 8 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 191016 Date Passed: December 17, 2019 Ordinance amending the Planning Code to require at least half of residential units in Educator Housing projects to have two or more bedrooms, to eliminate the requirement that Educator Housing projects have a minimum amount of three-bedroom units, conditioned on the passage of Proposition E in the November 5, 2019, Municipal Consolidated Election; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. December 09, 2019 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT December 10, 2019 Board of Supervisors - DUPLICATED December 10, 2019 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee December 17, 2019 Board of Supervisors - FINALLY PASSED Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee File No. 191016 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 12/17/2019 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 11:13 am on 12118119