342.9

SEC. 342.9. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.

In undertaking the adoption and enforcement of these sections 342 to 342.10, the City is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a person to sue for money damages for an injury that the person claims to suffer as a result of a City officer or employee taking or failing to take an action with respect to any matter covered by these sections. (Added by Ord. 300-10, File No. 101057) SEC. 342.10. SEVERABILITY. If any of the provisions of these sections 342 to 342.10 or the application thereof to any person or circumstance is held invalid, the remainder of these sections, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of these sections are severable. (Added by Ord. 300-10, File No. 101057) SEC. 343. CENTRAL SOMA HOUSING SUSTAINABILITY DISTRICT. (a) Purpose. This Section 343 establishes a Housing Sustainability District within the Central SoMa Plan Area (“Central SoMa Housing Sustainability District” or “Central SoMa HSD”) under California Government Code Sections 66200 et seq. The purpose of the Central SoMa Housing Sustainability District is to encourage the provision of on-site affordable housing in new residential and mixed-use projects in Central SoMa by providing a streamlined, ministerial approval process for such projects. The Central SoMa Plan anticipates that 33% of all new residential units produced within the Plan Area will be permanently affordable to households of very low, low, or moderate income. This Section 343 sets forth eligibility criteria, design review standards, and entitlement and approval procedures for projects seeking approval pursuant to the requirements of the Central SoMa Housing Sustainability District. (b) Geography. The Central SoMa Housing Sustainability District shall include all parcels within the Central SoMa Special Use District, which is defined in Section 249.78(b). The entirety of the Central SoMa Special Use District is an “eligible location,” as that term is defined in California Government Code Section 66200(e). (c) Relationship to Other Planning Code Provisions. Except as otherwise provided in this Section 343, all provisions of the Planning Code, including Section 249.78, that would be applicable to projects approved pursuant to this Section 343 shall apply to such projects. In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control. (d) Eligibility. Projects seeking approval pursuant to this Section 343 shall meet all of the following requirements: (1) The project is located in a zoning district that principally permits residential uses. (2) The project proposes no less than 50 dwelling units per acre, and no more than 750 dwelling units per acre. (3) A majority of the project’s gross square footage is designated for residential uses. All non-residential uses must be principally permitted in the underlying zoning district and any applicable special use district(s), and may not include greater than 24,999 gross square feet of office space that would be subject to the annual limit on office development set forth in Sections 321 et seq. (4) The project does not exceed a height of 160 feet, except that any project whose principal use is housing, where all such housing is restricted for a minimum of 55 years as affordable for “persons and families of low or moderate income,” as defined in California Health & Safety Code Section 50093, shall be deemed to satisfy this subsection (c)(4) regardless of height. (5) If the project sponsor seeks a density bonus pursuant to California Government Code Section 65915 et seq., the project sponsor demonstrates to the satisfaction of the Planning Department that the project would not result in a significant shadow impact. (6) The project is not located on a lot containing a structure listed as a designated landmark pursuant to Article 10 of the Planning Code or a contributory or significant structure pursuant to Article 11 of the Planning Code. (7) The project complies with the following affordability requirements, as applicable: (A) Projects subject to Section 415 shall comply with Section 415 by choosing the On-Site Affordable Housing Alternative under Section 415.5(g)(1)(A), and shall provide no less than 10% of dwelling units as units affordable to very low or low income families. (B) Projects not subject to Section 415 shall provide no less than 10% of dwelling units as units affordable to very low or low income families, by entering into a regulatory agreement with the City that contains the terms specified in Section 206.6(f). (8) The project does not demolish, remove, or convert to another use any existing dwelling unit(s). (9) The project complies with all applicable zoning and any adopted design review standards. (10) The project sponsor complies with all Mitigation Measures in the Central SoMa Environmental Impact Report (Central SoMa EIR) that the Planning Department determines are applicable to the project. (11) The project sponsor certifies that the project will comply with all applicable requirements of California Government Code Section 66201(f)(4). (12) The project shall comply with Government Code Section 66201(f)(5). (13) A project is not deemed to be for residential use if it is infeasible for actual use as a single or multifamily residence. (e) Approving Authority. The Planning Department is the approving authority designated to review permit applications for compliance with this Section 343. (f) Application. (1) Prior to submittal of an application for required approvals from the Planning Department, a project sponsor seeking to apply pursuant to this Section 343 shall submit an application for a preliminary project assessment (PPA), pursuant to Planning Department procedures. (2) In addition to any requirements under other provisions of this Code for submittal of application materials, an application under this Section 343 shall be submitted to the Department on a form prescribed by the Department and shall include at minimum the following materials: (A) A full plan set, including site plan, elevations, sections, and floor plans, showing total number of units, and number of and location of units affordable to very low or low income households; (B) All documentation required by the Department in its response to the project sponsor’s previously-submitted PPA application; (C) Documentation sufficient to support determinations that: (i) the project meets all applicable zoning and any adopted design review standards; (ii) the project sponsor will implement any and all Mitigation Measures in the Central SoMa EIR that the Planning Department determines are applicable to the project, including but not limited to the following: a. An agreement to implement any and all Mitigation Measures in the Central SoMa EIR that the Planning Department determines are applicable to the project; and b. Scope(s) of work for any studies required as part of any and all Mitigation Measures in the Central SoMa EIR that the Planning Department determines are applicable to the project. An application pursuant to this Section 343 shall not be deemed complete until such studies are completed to the satisfaction of the Environmental Review Officer. (iii) the project sponsor will comply with subsections (d)(10) and (d)(11) of this Section 343. (g) Decision and Hearing. The Department shall exercise ministerial approval of projects that meet all the requirements in this Section 343. Section 329 of this Code shall not apply to projects that are approved pursuant to this Section 343.