316.8

SEC. 316.8. [REDESIGNATED.]

(Former Sec. 316.8 redesignated as Sec. 316.6 and amended by Ord. 104-07, File No. 070327, App. 5/8/2007) SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH DEMOLITION, MERGER, AND CONVERSION. (a) Findings. San Francisco faces a continuing shortage of affordable housing. There is a high ratio of rental to ownership tenure among the City’s residents. The General Plan recognizes that existing housing is the greatest stock of rental and financially accessible residential units, and is a resource in need of protection. Therefore, a public hearing will be held prior to approval of any Development Application that would allow removal of existing housing, reduce the size of a Residential Flat, merge any portion of a Residential Flat with another unit, or change the configuration of a Residential Flat such that the unit is no longer considered a Residential Flat, with certain exceptions, as described below. The Planning Commission has developed a Code Implementation Document setting forth procedures and regulations for the implementation of this Section 317 as provided further below. The Zoning Administrator shall modify economic criteria related to property values and construction costs in the Implementation Document as warranted by changing economic conditions to meet the intent of this Section. (b) Definitions. For the purposes of this Section 317, the terms below shall be as defined below. The Planning Department shall use these definitions when implementing state laws that use similar terms if state law does not define such terms. Capitalized terms not defined below are defined in Section 102 of this Code. (1) "Residential Conversion" shall mean the removal of cooking facilities, change of occupancy (as defined and regulated by the Building Code), or change of use (as defined and regulated by the Planning Code), of any Residential Unit or Unauthorized Unit to a Non-Residential or Student Housing use. (2) "Residential Demolition" shall mean any of the following: (A) Any work on a Residential Building for which the Department of Building Inspection determines that an application for a demolition permit is required, or (B) A major alteration of a Residential Building that proposes the Removal of 50% or more of the sum of the combined Front Facade and Rear Facade and 50% or more of the Horizontal Elements of the existing building, as measured in square feet of actual surface area. (3) "Façade" is defined in Section 102 of this Code. (4) "Front Façade" is defined in Section 102 of this Code. (5) "Horizontal Elements" shall mean all roof areas and all floor plates, except floor plates at or below grade. (6) "Mandatory Discretionary Review" is defined in Section 102 of this Code. (7) “Residential Merger” shall mean the combining of two or more Residential or Unauthorized Units, including the creation of an open connection between Units, resulting in a decrease in the number of Residential Units and Unauthorized Units within a building, or the enlargement of one or more existing units while reducing the size of others by more than 25% of their original floor area, even if the number of units is not reduced. Residential Merger shall also include the reconfiguration of a Residential Flat with another Dwelling Unit, if the proposed project would reconfigure an existing Residential Flat such that the reconfigured Residential Flat would no longer meet the definition of a Residential Flat, even if the number of Dwelling Units is not reduced and the Residential Flat is not reduced in size. (8) "Rear Façade" is defined in Section 102 of this Code. (9) “Removal” shall mean, with reference to a wall, roof or floor structure, its dismantling, its relocation or its alteration of the exterior function by construction of a new building element exterior to it. The infill of an existing exterior opening shall be considered a demolition. Where a portion of an exterior wall is removed, any remaining wall above or below that new opening with a height less than the Building Code requirement for legal head room shall be considered demolished. Removal and replacement of exterior elements for repair or maintenance pursuant to a Department of Building Inspection Corrections Notice shall not be considered Removal for purposes of this Section 317, provided the replacement uses like materials and does not increase the extent of the removed element or increase the volume of the building. The foregoing does not supersede any requirements for or restrictions on noncomplying structures and their reconstruction as governed by Article 1.7 of this Code. Where an entire building is moved to another location, it shall not be considered Removal for the purposes of this Section. The elevation of an entire building, regardless of height, shall be considered Removal of Horizontal Elements for the purposes of this Section 317. (10) "Removal" shall mean, with reference to a Residential or Unauthorized Unit, its Conversion, Demolition, or Merger. (11) "Residential Building" is defined in Section 102 of this Code. (12) "Residential Unit" shall mean a legal conforming or legal nonconforming Dwelling Unit, a legal nonconforming Live/Work Unit or Group Housing. (13) "Unauthorized Unit" shall mean one or more rooms within a building that have been used, without the benefit of a building permit, as a separate and distinct living or sleeping space independent from Residential Units on the same property. "Independent" shall mean that (i) the space has independent access that does not require entering a Residential Unit on the property and (ii) there is no open, visual connection to a Residential Unit on the property. (c) Applicability; Exemptions. (1) Within the Priority Equity Geographies Special Use District, any Development Application that seeks authorization for Removal of one or more Residential or Unauthorized Units is required to obtain Conditional Use authorization. (2) Outside the Priority Equity Geographies Special Use District, any Development Application that seeks authorization for Removal of one or more Residential or Unauthorized Units is required to obtain Conditional Use authorization unless it meets all the following criteria: (A) The project sponsor certifies under penalty of perjury that any units to be demolished are not tenant occupied and are without a history of evictions under Administrative Code Sections 37.9(a)(8)-(12), (14), or (17) within the last ten years, and have not been vacated within the past ten years pursuant to a Buyout Agreement, as defined in Administrative Code Section 37.9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed with the Rent Board pursuant to Administrative Code Section 37.9E(h); (B) No units would be removed or demolished that are: (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 ten 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 ten years; or (iii) rented by lower- or very low-income households within the past ten years; (C) The building proposed for demolition is not an Historic Building as defined in Section 102, and further provided that if the building proposed for demolition was built before 1923, the Planning Department has determined that it does not meet the criteria for designation as an Historic Building as defined in Section 102; (D) The proposed project is adding at least one more Residential Unit than would be demolished; (E) The proposed project complies with the requirements of Section 317.2; and (F) The project sponsor has conducted one meeting prior to or within 20 days of filing a Development Application..2 The Planning Department shall not determine a Development Application to be complete without confirmation that the project sponsor has held at least one meeting conforming to the requirements of this subsection (c)(2)(F) and any additional procedures the Planning Department may establish. The project sponsor shall provide mailed notice of the meeting to the individuals and neighborhood organizations specified in Planning Code Section 333(e)(2)(A) and (C), as well as posted notice as set forth in Planning Code Section 333(e)(1). (3) If the proposed project is located in a Residential, House (RH) zoning district within the Family Housing Opportunity Special Use District (Section 249.94), the requirements of Section 249.94 shall control. (4) For Unauthorized Units, this Conditional Use authorization will not be required for Removal if the Zoning Administrator has determined in writing that the unit cannot be legalized under any applicable provision of this Code. The application for a replacement building or alteration permit shall also be subject to Conditional Use requirements. (5) The Conditional Use requirement of subsubsections1 (c)(1) and (c)(2) shall apply to (A) any building or site permit issued for Removal of an Unauthorized Unit on or after March 1, 2016, and (B) any permit issued for Removal of an Unauthorized Unit prior to March 1, 2016 that has been suspended by the City or in which the applicant’s rights have not vested.