436

WELL-RESOURCED NEIGHBORHOODS INCLUSIONARY HOUSING ORDINANCE WAIVER

San Francisco Planning Code · SF Planning Code § 436

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SEC. 436. WELL-RESOURCED NEIGHBORHOODS INCLUSIONARY HOUSING ORDINANCE WAIVER AND ADDITIONAL INCLUSIONARY HOUSING OPTIONS. This Section 436 provides for a waiver of the requirements in the Inclusionary Housing Ordinance, Section 415 et seq., for specified Housing Projects in certain districts in Well- Resourced Neighborhoods. This Section 436 also allows Housing Projects in those districts to comply with the Inclusionary Housing Ordinance through a land dedication. As used in this Section 436, Well-Resourced Neighborhoods means those areas outside the Priority Equities Geographies Special Use District (SUD), Section 249.97. (a) Eligibility. This Section 436 shall apply to Housing Projects in Residential – House (RH), Residential Mixed (RM), Neighborhood Commercial or Named Neighborhood Commercial Districts with a height limit of 65 feet or less located in Well-Resourced Neighborhoods. (b) Additional Inclusionary Housing Options. (1) Rent Control. If an eligible Housing Project is a Rental Project and agrees to 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, the project shall not be subject to the Inclusionary Housing Ordinance, Planning Code Section 415 et seq., pursuant to this Section 436. (A) Regulatory Agreement. Project Sponsors of Housing Projects that agree to subject all units in the Housing Project to the San Francisco Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) pursuant to this subsection (a)1 shall enter into a regulatory agreement with the City, as a condition of approval of the project (“Regulatory Agreement”). At a minimum, the Regulatory Agreement shall contain the following: (A) a statement that none of the units in the project are subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq.) because, consistent with California Civil Code Section 1954.52(b), the property owner has entered into and agreed to the terms of an agreement with the City in consideration for a direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq.; (B) a statement that the units will be rented for the Life of the Project because, consistent with Government Code Section 7060.1(a), the property owner has entered into and agreed to the terms of an agreement with the City, in consideration for a direct financial contribution specified in Section 7060.1(a); (C) a statement that all units subject to the Regulatory Agreement shall be held as an undivided ownership and will not be subdivided; (D) a calculation of the direct financial contribution or form of assistance provided to the property owner in the form of the fee waiver; and (E) a description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement. The property owner and the Planning Director or the Director’s designee, on behalf of the City, may execute the Regulatory Agreement, which shall be reviewed and approved as to form 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 San Francisco Building Code. Following execution of the Regulatory Agreement by all parties, the Regulatory Agreement or a memorandum thereof shall be recorded to 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. (B) Procedures Manual. If a Housing Project subject to this Section 436 includes Rental Units subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower income in compliance with any state law, those units shall comply with the timing, type, and marketing requirements of Section 415.6(e), (f), and (g), and the Procedures Manual, as amended from time to time. (2) Land Dedication Alternative. In lieu of Section 415 et seq., the Project Sponsor of any Housing Project outside the Priority Equity Geographies SUD, may comply with the Land Dedication Alternative requirements in Section 419.5(a)(2), except that in lieu of the Land Dedication Alternative requirements of Table 419.5, projects may satisfy the requirements of Section 415.5 by dedicating land for affordable housing if the dedicated land could accommodate a total amount of units that is equal to or greater than 35% of the units that are being provided on the principal development site, as determined by the Planning Department. Any land dedicated pursuant to this Section 436 shall be provided outside the Priority Equity Geographies SUD. (Added by Ord. 260-25, File No. 250815, App. 12/23/2025, Eff. 1/23/2026) CODIFICATION NOTE 1. So in Ord. 260-25. ARTICLE 5: [RESERVED]

ARTICLE 6: SIGNS Sec. 601. Purposes of Sign Controls. Sec. 602. Sign Definitions. Sec. 603. Exempted Signs. Sec. 604. Permits and Conformity Required. Sec. 604.1. Information Required on Advertising Signs. Sec. 604.2. General Advertising Sign Inventories. Sec. 605. Public Use Districts. Sec. 606. Residential and Residential Enclave Districts. Sec. 607. Commercial and Industrial Districts. Sec. 607.1. Neighborhood Commercial and Residential-Commercial Districts, and Residential Transit Oriented-Commercial Districts. Sec. 607.2. Mixed Use Districts. Sec. 608. Special Sign Districts and Signs in Special Use Districts. Sec. 608.1. Near R Districts. Sec. 608.2. Near Schools, Parks, and Recreation Facilities.

Sec. 608.3. Civic Center Special Sign Districts. Sec. 608.4. Transit Center Special Sign District. Sec. 608.5. Near Freeways. Sec. 608.6. Near Certain Scenic Streets. Sec. 608.7. Near Rapid Transit Routes. Sec. 608.8. Market Street Special Sign District. Sec. 608.9. Jackson Square Special Sign District. Sec. 608.10. Stonestown Special Sign District. Sec. 608.11. Hospitals and Medical Centers in R Districts Adjacent to or Across the Street from NC, C or M Districts. Sec. 608.12. 555 9th Street Special Sign District. Sec. 608.13. In the Rincon Hill Downtown Residential Mixed Use District. Sec. 608.14. Vintage Signs. Sec. 608.15. Northeast Waterfront Special Sign District. Sec. 608.16. City Center Special Sign District. Sec. 608.18. 3250 19th Avenue Special Sign District. Sec. 609. Amortization Periods. Sec. 609.1. General Advertising Signs Located in R Districts. Sec. 609.3. Within Civic Center Special Sign Districts. Sec. 609.4. Signs Near Nonlandscaped Freeways. Sec. 609.5. Signs Near Landscaped Freeways. Sec. 609.6. Signs Near Certain Scenic Streets. Sec. 609.7. Wind Signs. Sec. 609.8. Miscellaneous Service Station Signs in R Districts. Sec. 609.9. Signs Near Rapid Transit Routes. Sec. 609.10. In the Market Street Special Sign District. Sec. 609.11. In the Jackson Square Special Sign District. Sec. 609.12. On and Near Market Street from the Central Skyway Overpass to Diamond Street. Sec. 609.13. Nonconforming General Advertising Signs in Neighborhood Commercial Districts. Sec. 609.14. In the Northeast Waterfront Special Sign District. Sec. 610. Violation of General Advertising Sign Requirements. Sec. 611. General Advertising Signs Prohibited.

SEC. 601. PURPOSES OF SIGN CONTROLS. This Article 6 is adopted in recognition of the important function of signs and of the need for their regulation under the Planning Code. In addition to those purposes of the Planning Code stated in Section 101, it is the further purpose of this Article 6 to: (a) promote the aesthetic and environmental values of San Francisco by providing for signs that serve as effective means of communication and do not impair the attractiveness of the City as a place to live, work, visit, and shop; (b) protect public investment in and the character and dignity of public buildings, streets, and open spaces; (c) protect the distinctive appearance of San Francisco which is produced by its unique geography, topography, neighborhoods, street patterns, skyline and architectural features; (d) ensure that signs are designed and proportioned in relation to the structures to which they are attached, adjacent structures, and the streets on which they are located; (e) enhance sidewalks as public spaces by preserving sunlight and views, and foster the unobstructed growth of street trees; (f) provide an environment which will safeguard and enhance neighborhood livability and property values, and promote the development of business in the City; (g) encourage sound practices and lessen the objectionable effects of competition in respect to size and placement of signs; (h) aid in the attraction of tourists and other visitors who are so important to the economy of the City and County; (i) reduce hazards to motorists, bicyclists, and pedestrians caused by visual distractions and obstructions; and (j) thereby promote the public health, safety and welfare. (Added by Ord. 263-65, App. 10/22/65; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY Section amended; Ord. 188-15 , Eff. 12/4/2015. Section amended and divisions (a)–(j) designated; Ord. 217-16, Eff. 12/10/2016. SEC. 602. SIGN DEFINITIONS. The following definitions shall apply to this Article 6, in addition to such definitions elsewhere in this Code as may be appropriate. Area (of a Sign). (a) All Signs Except on Windows, Awnings and Marquees. The entire area within a single continuous rectangular perimeter formed by extending lines around the extreme limits of writing, representation, emblem, or any figure of similar character, including any frame or other material or color forming an integral part of the display or used to differentiate such Sign from the background against which it is placed; excluding the necessary supports or uprights on which such Sign is placed but including any Sign Tower. Where a Sign has two or more faces, the area of all faces shall be included in determining the Area of the Sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the Area of the Sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. (b) On Windows. The Area of any Sign painted directly on a window shall be the area within a rectangular perimeter formed by extending lines around the extreme limits of writing, representation, or any figure of similar character depicted on the surface of the window. The Area of any Sign placed on or behind the window glass shall be as described above in subsection (a). (c) On Awnings or Marquees. The Area of any Sign on an Awning or Marquee shall be the total of all signage on all faces of the structure. All sign copy on each face shall be computed within one rectangular perimeter formed by extending lines around the extreme limits of writing, representation, or any figure of similar character depicted on the surface of the face of the awning or marquee.