206.9

SEC. 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. (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 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 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. (B) Any units in an Educator Housing Project with a rental rate set above 120% of Area Median Income shall have a minimum occupancy of two persons. (C) Notwithstanding any other provision of this Code, an Educator Housing Project with a Development Application filed after January 14, 2020, shall include a minimum of 50% of the total units as 2-bedroom units or larger, with a minimum of 10% 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 8,000 square feet or, in the alternative, is located on a parcel or parcels that contains a surface parking lot and does not demolish any existing buildings on such parcel or parcels other than buildings that are accessory to the surface parking lot use, such as a guard station or kiosk; (3) is not located on land under the jurisdiction of the Recreation and Parks Department for the purpose of a public park; (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 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 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 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. (8) Height. Projects that demonstrate to the satisfaction of the Environmental Review Officer that the project does not cause a substantial adverse change in the significance of an historic resource as defined by California Code of Regulations, Title 14, Section 15064.5, and does not create new shadow in a manner that substantially affects outdoor recreation facilities or other public areas, shall be allowed additional height as follows: (A) Projects located on a parcel or parcels with a height limit of 40 feet shall be allowed up to 10 additional feet above the parcel’s height district limit in order to provide one additional story of Residential Use. Exceptions under Section 260(b) shall apply to all such projects. (B) Projects located on a parcel or parcels with a height limit of less than 40 feet shall be allowed up to 20 additional feet above the parcel’s height district limit in order to provide two additional stories of residential use. Exceptions under Section 260(b) shall apply to all such projects. (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. (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. (Added by Proposition E, 11/5/2019, Eff. 12/20/2019; amended by Ord. 289-19, File No. 191016, App. 12/20/2019, Eff. 1/20/2020, Oper. 1/20/2020; Ord. 137-20, File No. 191249, App. 8/28/2020, Eff. 9/28/2020; Ord. 138-20, File No. 200213, App. 8/28/2020, Eff. 9/28/2020) AMENDMENT HISTORY Divisions (b)(3)(B) and (C) amended; Ord. 289-19, Eff. 1/20/2020. Division (b)(3)(C) amended; Ord. 137-20, Eff. 9/28/2020. Division (c)(2) amended; divisions (e)(8)-(e)(8)(B) added; Ord. 138-20, Eff. 9/28/2020. SEC. 206.10. HOUSING CHOICE-SAN FRANCISCO PROGRAM. (a) Purpose. This Section 206.10 sets forth the Housing Choice-San Francisco Program (HC-SF Program). The HC-SF Program provides additional residential development capacity, additional options for complying with the Inclusionary Housing Ordinance, modifications to certain Planning Code and design standards, and an administrative or discretionary review process for eligible residential projects that comply with the program. Except as provided in this Section 206.10, all HC-SF projects shall comply with Article 4 of the Planning Code. (b) Applicability. An HC-SF Project under this Section 206.10 shall be a project that complies with all of the following requirements: (1) consists of new construction, an addition to an existing structure, or a conversion of an existing structure, and results in a net increase in the number of Dwelling Units or Group Housing bedrooms; (2) contains two or more Dwelling Units or Group Housing bedrooms. Accessory Dwelling Units shall not count towards the minimum number of required Dwelling Units, but an HC-SF Project may contain ADUs; (3) is located on a Lot in the R-4 Height and Bulk District; (4) does not demolish a building that is designated as a landmark under Article 10, is listed as a contributor to an historic district in Article 10, is listed as a Significant or Contributory Building under Article 11, is listed in the California Register of Historical Resources, or is listed on the National Register of Historic Places; (5) does not receive any density or development bonuses or relief from applicable Planning Code standards in any other State or local law or program, including but not limited to California Government Code Sections 65915 et seq., Government Code sections 65912.113(e), 65912.114(f)(1), 65912.123(b), (c), (d), (e), (i), (j)(1), and (j)(3) and 65912.124(f), and Sections 65852.28(b)(2), 65913.4.5, and 66499.41, as may be updated from time to time; and Planning Code Section 124(f), Section 202.2(f), Sections 206.3 to 206.9, inclusive, Section 207(c), Section 304, and Section 328; (6) complies with Objective Standards, except as otherwise modified by the HC-SF Program in this Section 206.10, or through the modification process in Section 334; (7) is a project in which at least two-thirds of the new or converted square footage is designated for Residential Uses; or, a project with at least 50% new or converted square footage for Residential Uses if the project converts an existing Non-Residential Use and does not expand that use by more than 25%. Basements shall not count in the calculation of square footage. For additions to existing structures or conversions of existing buildings, only the net new or converted space shall be considered in the calculation of square footage; (8) is not located in a Special Use District that implements a Development Agreement adopted under California Government Code 65864 et seq 1 and/or Administrative Code Chapter 56; (9) is not located on a site containing more than two residential units where the project would require the demolition of residential uses that are subject to the rent increase limitations set forth in Chapter 37 of the Administrative Code; and (10) does not demolish or convert any portion of a Hotel. (c) Inclusionary Housing Ordinance Alternatives. HC-SF Projects of 10 or more units shall comply with Section 415 et seq., and if applicable Section 419 et seq., except as allowed by this subsection (c). Projects that elect the off-site alternative in Section 415.5(g)(1)(B) or the Land Dedication Alternative in Section 419.5(a)(2) allowed in subsection (c)(2), shall provide the required units within the R-4 Height and Bulk District, or within one-half mile of the project. In addition to the alternatives set forth in Section 415.3(g), HC-SF Projects may satisfy the requirements of Section 415 et seq. by choosing one of the following options: (1) if the project is a Rental Project with 24 or fewer units, including any additional units allowed by this Section 206.10, a project sponsor shall subject all units in the project to the San Francisco Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) for the Life of the Project; or (2) applicants shall comply with the Land Dedication Alternative requirements of Section 419.5(a)(2), regardless of project location. (d) Modified Development Standards. Notwithstanding any contrary provisions found in the Planning Code, including any provision in a Special Use District not implementing a Development Agreement adopted under California Government Code 65864 et seq. and/or Administrative Code Chapter 56, or in any adopted Design Standard, the following development standards apply to eligible HC-SF Projects. Projects may also seek additional modifications under Section 334. (1) Standards Applicable to All Projects: All HC-SF Projects shall receive the following zoning modifications: (A) Form-Based Residential Density. An HC-SF Project shall be subject to Form-Based Density limits. Floor Area Ratio requirements or limitations shall not apply to the Residential Uses in an HC-SF Project. (B) Dwelling Unit Mix. Section 207.6 and Section 207.7 shall apply, except that projects between four and nine units shall comply with the following: (i) a project with four dwelling units shall contain at least one unit with two or more bedrooms; and (ii) for projects between five and nine dwelling units, at least 25 percent of units shall contain two or more bedrooms, including at least one unit with three or more bedrooms, unless Section 207.6(c) requires a higher percentage of two- and three-bedroom units. (C) Additional Height. The applicable height limit for an HC-SF Project shall be the height pursuant to Section 263.19(b). Planning Code Section 261 shall not apply. Notwithstanding any lower height limit in this Code, including Section 263.19, the height limit of an HC-SF Project located on a Corner Lot or a Lot larger than 8,000 square feet shall be 65 feet, unless a higher height limit is provided elsewhere in the Code. (D) Ground Floor Setbacks on 19th Avenue. Projects on a lot with frontage on 19th Avenue may reduce the setback required under Section 131 and 132 if the proposed project expands the publicly available sidewalk into the subject property and the resulting overall sidewalk width is not less than 15 feet. In such cases, the setback and sidewalk shall have a minimum vertical clearance of not less than 25 feet from grade, and the property owner shall record a Notice of Special Restrictions allowing for public access to the expanded sidewalk for the life of the project. (E) Rear Yard and Lot Coverage. The rear yard requirements of Section 134 may be modified as follows: (i) Except for large lots subject to Section 134(d)(6), or lots in Residential Districts other than the Residential Transit Oriented-Commercial (RTO-C) district, the rear yard shall be equal to at least 18% of the total depth of the lot, or 15 feet, whichever is greater; (ii) Except for large lots subject to the lot coverage limits of Section 134(d)(6), in Neighborhood Commercial, Named Neighborhood Commercial, Commercial Districts,