102.30

SEC. 102.30. WIDTH, STREET OR ALLEY.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008) SEC. 102.31. VEHICULAR USE AREAS. (Added by Ord. 84-10, File No. 091453, App. 4/22/2010) SEC. 102.32. ORNAMENTAL FENCING. (Added by Ord. 84-10, File No. 091453, App. 4/22/2010) SEC. 102.33. PERMEABLE SURFACES. (Added by Ord. 84-10, File No. 091453, App. 4/22/2010) SEC. 102.34. MOBILE FOOD FACILITY. (Added by Ord. 297-10, File No. 101351, App. 12/3/2010) SEC. 102.35. URBAN AGRICULTURE. (Added by Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011) SEC. 102.36. STUDENT HOUSING. (Added by Ord. 188-12, File No. 111374, App. 9/11/2012, Eff. 10/11/2012) SEC. 102.37. COTTAGE FOOD OPERATION. (Added by Ord. 288-13, File No. 130998, App. 12/26/2013, Eff. 1/25/2014) SEC. 103. HOUSING BALANCE MONITORING AND REPORTING. (a) Purposes. To maintain a balance between new affordable and market rate housing City-wide and within neighborhoods, to make housing available for all income levels and housing need types, to preserve the mixed income character of the City and its neighborhoods, to offset the withdrawal of existing housing units from rent stabilization and the loss of single-room- occupancy hotel units, to ensure the availability of land and encourage the deployment of resources to provide sufficient housing affordable to households of very low, low, and moderate incomes, to ensure adequate housing for families, seniors and the disabled community, to ensure that data on meeting affordable housing targets City-wide and within neighborhoods informs the approval process for new housing development, and to enable public participation in determining the appropriate mix of new housing approvals, there is hereby established a requirement, as detailed in this Section 103, to monitor and regularly report on the housing balance between market rate housing and affordable housing. (b) Findings. (1) In November 2014, the City voters enacted Proposition K, which established City policy to help construct or rehabilitate at least 30,000 homes by 2020. More than 50% of this housing would be affordable for middle-class households, with at least 33% affordable for low- and moderate-income households, and the City is expected to develop strategies to achieve that goal. This Section 103 sets forth a method to track performance toward the City's Housing Element goals and the near-term Proposition K goal that 33% of all new housing shall be affordable housing, as defined herein. (2) The City's rent stabilized and permanently affordable housing stock serves very low-, low-, and moderate-income families, long-time residents, elderly seniors, disabled persons and others. The City seeks to achieve and maintain an appropriate balance between market rate housing and affordable housing City-wide and within neighborhoods because the availability of decent housing and a suitable living environment for every San Franciscan is of vital importance. Attainment of the City's housing goals requires the cooperative participation of government and the private sector to expand housing opportunities to accommodate housing needs for San Franciscans at all economic levels and to respond to the unique needs of each neighborhood where housing will be located. (3) For tenants in unsubsidized housing, affordability is often preserved by the Residential Rent Stabilization and Arbitration Ordinance's limitations on the size of allowable rent increases during a tenancy. As documented in the Budget and Legislative Analyst's October 2013 Policy Analysis Report on Tenant Displacement, San Francisco is experiencing a rise in units withdrawn from rent controls. Such rises often accompany periods of sharp increases in property values and housing prices. From 1998 through 2013, the Rent Board reported a total of 13,027 no-fault evictions (i.e., evictions in which the tenant had not violated any lease terms, but the owner sought to regain possession of the unit). Total evictions of all types have increased by 38.2% from Rent Board Year (i.e. from March through February) 2010 to Rent Board Year 2013. During the same period, Ellis Act evictions far outpaced other evictions, increasing by 169.8% from 43 in Rent Board Year 2010 to 116 in Rent Board Year 2013. These numbers do not capture the large number of owner buyouts of tenants, which contribute further to the loss of rent-stabilized units from the housing market. Any fair assessment of the affordable housing balance must incorporate into the calculation units withdrawn from rent stabilization. (4) Pursuant to Government Code Section 65584, the Association of Bay Area Governments (ABAG), in coordination with the California State Department of Housing and Community Development (HCD), determines the Bay Area's regional housing need based on regional trends, projected job growth, and existing needs. The regional housing needs assessment (RHNA) determination includes production targets addressing housing needs of a range of household income categories. For the RHNA period covering 2015 through 2022, ABAG has projected that at least 38% of new housing demands for San Francisco will be from very low and low income households (households earning under 80% of area median income), and another 22% of new housing demands to be affordable to households of moderate means (earning between 80% and 120% of area median income). Market-rate housing is considered housing with no income limits or special requirements attached. (5) The Housing Element of the City's General Plan states: "Based on the growing population, and smart growth goals of providing housing in central areas like San Francisco, near jobs and transit, the State Department of Housing and Community Development (HCD), with the Association of Bay Area Governments (ABAG), estimates that in the current 2015-2022 Housing Element period San Francisco must plan for the capacity for roughly 28,870 new units, 57% of which should be suitable for housing for the extremely low, very low, low and moderate income households to meet its share of the region's projected housing demand." Objective 1 of the Housing Element states that the City should "identify and make available for development adequate sites to meet the City's housing needs, especially permanently affordable housing." Objective 7 states that San Francisco's projected affordable housing needs far outpace the capacity for the City to secure subsidies for new affordable units. (6) In 2012, the City enacted Ordinance 237-12, the "Housing Preservation and Production Ordinance," codified in Administrative Code Section 10E.4 , to require Planning Department staff to regularly report data on progress toward meeting San Francisco's quantified production goals for different household income levels as provided in the General Plan's Housing Element. That Ordinance requires data on the number of units in all stages of the housing production process at various affordability levels to be included in staff reports on all proposed projects of five Residential Units or more and in quarterly housing production reports to the Planning Commission. The Planning Department has long tracked the number of affordable housing units and total number of housing units built throughout the City and in specific areas and should be able to track the ratio called for in this Section 103. (7) As the private market has embarked upon, and government officials have urged, an ambitious program to produce significant amounts of new housing in the City, the limited remaining available land makes it essential to assess the impact of the approval of new market rate housing developments on the availability of land for affordable housing and to encourage the deployment of resources to provide such housing. (c) Housing Balance Calculation. (1) For purposes of this Section 103, “Housing Balance” shall be defined as the propor- tion of all new housing units affordable to households of extremely low, very low, low, or moderate income households, as defined in California Health & Safety Code Sections 50079.5 et seq., as such provisions may be amended from time to time, less the number of units removed from rent-controlled or below-market status, to the total number of all new housing units for a 10- year Housing Balance Period. (2) The Housing Balance Period shall begin with the first quarter of year 2005 to the last quarter of 2014, and thereafter for the ten years prior to the most recent calendar quarter. (3) For each year that data is available, beginning in 2005, the Planning Department shall report net housing construction by income levels, as well as units that have been withdrawn from protection afforded by City law, such as laws providing for rent-controlled and single resident occupancy (SRO) units. The affordable housing categories shall include net new units, as well as existing units that were previously not restricted by deed or regulatory agreement that are acquired for preservation as permanently affordable housing as determined by the Mayor’s Office of Housing and Community Development (MOHCD) (not including refinancing or other rehabilitation under existing ownership), protected by deed or regulatory agreement for a minimum of 55 years. The report shall include, by year, and for the latest quarter, all units that have received Temporary Certificates of Occupancy within that year, a separate category for units that obtained a site or building permit, and another category for units that have received approval from the Planning Commission or Planning Department, but have not yet obtained a site or building permit to commence construction (except any entitlements that have expired and not been renewed during the Housing Balance Period). Master planned entitlements, including but not limited to such areas as Treasure Island, Hunters Point Shipyard, and Park Merced, shall not be included in this latter category until individual building entitlements or site permits are approved for specific housing projects. For each year or approval status, the following categories shall be separately reported: