334

SEC. 334. HOUSING CHOICE-SAN FRANCISCO PROJECT AUTHORIZATION.

(a) Purpose and Applicability. The purpose of this Section 334 is to provide for the review and approval of a Housing Choice San Francisco (HC-SF) project, as defined in Section 206.10. (b) General Process. (1) Application. An HC-SF Project shall apply through the Planning Department’s procedures for Development Applications and review. An HC-SF project application shall be submitted with and processed concurrently with all other applications. The HC-SF project application shall be submitted on a form prescribed by the Department, and shall include all of the following information: (i) A full plan set, including a site plan, elevations, sections, and floor plans, showing total number of units, and the number of and location of affordable units as applicable; and a draft Regulatory Agreement, if the project elects to subject units to the Rent Stabilization Ordinance under Section 206.10(c)(1); (ii) Except as noted in subsection (iii), demonstration of compliance with the Planning Code and provisions of the HC-SF Program, including any permitted zoning modifications; (iii) Requested Major Modifications under subsection (d). (2) Procedures. The review of an HC-SF Project shall be conducted as part of, and incorporated into, a Development Application. Where there is a conflict, the provisions of Section 206.10 shall govern. Unless modified by Section 206.10, if a project requires a conditional use authorization, or any other entitlement that requires a public hearing before the Planning Commission and/or the Historic Preservation Commission, the HC-SF Project shall be reviewed by the Planning Commission and/or the Historic Preservation Commission, as applicable. (3) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an HC-SF Project, the Planning Commission shall not hold a public hearing for discretionary review of an HC-SF that is subject to this Section 334. (4) Regulatory Agreement for Projects Using Section 206.10(c)(1). (A) Sponsors of HC-SF Projects that elect to comply with the provisions of Section 206.10(c)(1) shall enter into a regulatory agreement with the City subjecting all units, except for any units required to be Affordable Units as defined in Planning Code Section 401, to the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as a condition of approval (“Regulatory Agreement”). (B) 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 107A.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. (C) At a minimum, the Regulatory Agreement shall contain the following: (i) A description of the total number of Dwelling 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; (ii) A statement that the Dwelling Units are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.50 et seq.). Further, 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.; (iii) A description of the residential density exception or other direct financial contribution or forms of assistance provided to the property owner; and (iv) A description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement; and, (v) An agreement that any lease, sublease, or other agreement regarding tenancy of units not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq.) shall include the following text: “This unit is a rental unit subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance.” (5) Other Agreements. HC-SF Projects that provide on-site affordable units under Section 415 et seq. or other state or local program that requires or allows the provision of on-site affordable units, shall comply with any applicable recording or regulatory agreement requirement of that state or local program. (6) Timeline of Review. Unless the Environmental Review Officer determines that compliance with the California Environmental Quality Act would take more than 180 days, review of an HC-SF Project not seeking a Major Modification under this Section 334 shall be completed within 180 days of submittal of a complete Development Application. Unless the Environmental Review Officer determines that compliance with the California Environmental Quality Act would take more than 180 days, the Planning Commission shall hold a public hearing for projects seeking a Major Modification within 180 days of submittal of a complete project application. (c) Administrative Review. The Planning Department shall administratively review an HC-SF Project, unless the Project seeks a Major Modification pursuant to subsection (d), or any HC-SF Project that is a 100% Affordable HC-SF Project. The Planning Department’s determination regarding an HC-SF Project under this subsection (c) shall not be appealable. Nothing in this Section 334 abrogates permit, license, or other requirements codified outside the Planning Code. (d) Projects Seeking Major Modifications to Standards and Requirements. An HC-SF Project may seek a Major Modification using the process in this subsection (d). (1) Definition. A “Major Modification” means any deviation from any quantitative standard in the Planning Code or any applicable Objective Standard not otherwise provided in Section 206.10(d) through (e). A project seeking a Major Modification to an Objective Standard shall not be considered code compliant. (2) Additional Modifications. HC-SF Projects seeking Major Modifications pursuant to this subsection (d) may also pursue additional modifications that are not Major Modifications under the provisions elsewhere in this Code. (3) Exclusions. In no case may an HC-SF Project receive a Major Modification or other exception under any provision of this Code to the following requirements: maximum building height; maximum permitted accessory off-street parking amounts; wind standards; minimum density requirements; Floor Area Ratio limits; any standard set forth in Articles 1.7, 3, 3.5, 4, 10, and 11 of the Planning Code; definitions; permitted land uses; the Transportation Demand Management Program under Section 169; dwelling unit mix; and any standard or provision adopted by the voters. (4) Required Findings for Major Modifications. To grant a Major Modification, the Planning Commission shall find: (a) that the proposed modification achieves equal or superior design quality, and (b) the project would provide a significant community benefit by producing housing near transit, or otherwise promote the general welfare. (5) Conditions of Approval. The Planning Commission may adopt conditions of approval for granted modification(s). Such conditions shall be limited to addressing the potential impact of such granted modification(s). (6) Process for Applicants Seeking Major Modifications. (A) Decision. The Planning Commission, at a noticed public hearing, shall review, and approve, disapprove, or approve with conditions, a request for a Major Modification. The Planning Commission shall find that the proposed Major Modification(s) meet the criteria in subsection (d)(4). As part of its review and decision, the Planning Commission may impose additional conditions, requirements, modifications, and limitations on a proposed project in order to mitigate the effect of the requested modification(s) and thereby achieve the objectives, policies, and intent of the General Plan and/or applicable Objective Standards. (B) Notification. Notice of a hearing required by subsection (6)(A) shall be provided in accordance with Planning Code Section 333. (e) Notification and Record of Decision. Notification and record of decision of an HC-SF Project shall be provided as set forth in the Planning Department procedures for review and approval of Development Applications. (f) Change of Conditions. Once a project is approved, a change in any condition previously imposed by the Planning Commission shall require approval by the Planning Commission subject to the procedures set forth in this Section 334. (Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) SEC. 340. GENERAL PLAN AMENDMENTS.