Planning Code - Conditional Use Authorizations for Demonstrably Unaffordable Housing
Ord. No. 0081-20
in effectAMENDED IN COMMITTEE
FILE NO. 200142
5/4/2020 ORDINANCE NO.
Supervisors Mandelman; Peskin, Fewer, Yee
BOARD OF SUPERVISORS
Page 1
[Planning Code - Conditional Use Authorizations for Demonstrably Unaffordable Housing]
Ordinance amending the Planning Code to require Conditional Use authorization for
applications to demolish a Single-Family Residential Building on a site zoned as RH-1
or RH-1(D), when the building is demonstrably not affordable or financially accessible
housing; affirming the Planning Department’s determination under the California
Environmental Quality Act; making findings of consistency with the General Plan, and
the eight priority policies of Planning Code, Section 101.1; and adopting findings of
public convenience, necessity, and welfare under Planning Code, Section 302.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough italics Times New Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough Arial font.
Asterisks (*
*
*
*) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Findings.
(a)
The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 200142 and is incorporated herein by reference. The Board affirms
this determination.
(b)
On April 23, 2020, the Planning Commission, in Resolution No. 20689, adopted
findings that the actions contemplated in this ordinance are consistent, on balance, with the
City’s General Plan and eight priority policies of Planning Code Section 101.1. The Board
81-20
Supervisors Mandelman; Peskin, Fewer, Yee
BOARD OF SUPERVISORS
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adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the
Board of Supervisors in File No. 200142, and is incorporated herein by reference.
(c)
Pursuant to Planning Code Section 302, this Board finds that this Planning Code
amendment will serve the public necessity, convenience, and welfare for the reasons set forth
in Planning Commission Resolution No. 20689, and the Board incorporates such reasons
herein by reference. A copy of said Resolution is on file with the Board of Supervisors in File
No. 200142.
Section 2. Article 3 of the Planning Code is hereby amended by revising Section 317
to read as follows:
SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH
DEMOLITION, MERGER, AND CONVERSION.
* * * *
(c)
Applicability; Exemptions.
(1) Any application for a permit that would result in the Removal of one or more
Residential Units or Unauthorized Units is required to obtain Conditional Use authorization.
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 Demolition of a Single-Family Residential Building that meets the
requirements of Subsection (d)(3) below may be approved by the Department without requiring a
Conditional Use authorization.
Supervisors Mandelman; Peskin, Fewer, Yee
BOARD OF SUPERVISORS
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(5)
The Demolition of a Single-Family Residential Building that meets the
requirements of Subsection (d)(3) below may be approved by the Department without
requiring a Conditional Use authorization.
(6)
Exception for Certain Permits Filed Before February 11, 2020. An
application to demolish a Single-Family Residential Building on a site in a RH-1 or RH-1(D)
District that is demonstrably not affordable or financially accessible housing, meaning housing
that has a value greater than 80% than the combined land and structure values of single-
family homes in San Francisco as determined by a credible appraisal made within six months
of the application to demolish, is exempt from the Conditional Use authorization requirement
of Subsection (c)(1), provided that a complete Development Application was submitted prior to
February 11, 2020.
(d)
Demolition.
* * * *
(3)
An application to demolish a Single-Family Residential Building on a site in a
RH-1 or RH-1(D) District that is demonstrably not affordable or financially accessible housing is
exempt from the Conditional Use authorization requirement of Subsection (c)(1). Specific numerical
criteria for such analyses shall be adopted by the Planning Commission in the Code Implementation
Document, in accordance with this Section 317, and shall be adjusted periodically by the Zoning
Administrator based on established economic real estate and construction indicators.
(A)
The Planning Commission shall determine a level of affordability or
financial accessibility, such that Single-Family Residential Buildings on sites in RH-1 and RH-1(D)
Districts that are demonstrably not affordable or financially accessible, that is, housing that has a
value greater than at least 80% of the combined land and structure values of single-family homes in
San Francisco as determined by a credible appraisal, made within six months of the application to
demolish, are not subject to a Conditional Use hearing. The demolition and replacement building
Supervisors Mandelman; Peskin, Fewer, Yee
BOARD OF SUPERVISORS
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applications shall undergo notification as required by other sections of this Code. The Planning
Commission, in the Code Implementation Document, may increase the numerical criterion in this
Subsection by up to 10% of its value should it deem that adjustment is necessary to implement the intent
of this Section 317, to conserve existing housing and preserve affordable housing.
(B)
The Planning Commission, in the Code Implementation
Document, shall adopt criteria and procedures for determining the soundness of a structure
proposed for demolition, where "soundness" is an economic measure of the feasibility of
upgrading a residence that is deficient with respect to habitability and Housing Code
requirements, due to its original construction. The "soundness factor" for a structure shall be
the ratio of a construction upgrade cost (i.e., an estimate of the cost to repair specific
habitability deficiencies) to the replacement cost (i.e., an estimate of the current cost of
building a structure the same size as the existing building proposed for demolition), expressed
as a percentage. A building is unsound if its soundness factor exceeds 50%. A Residential
Building that is unsound may be approved for demolition without requiring a Conditional Use
authorization.
* * * *
Section 3. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor’s veto of the ordinance
Section 4. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
Supervisors Mandelman; Peskin, Fewer, Yee
BOARD OF SUPERVISORS
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additions, and Board amendment deletions in accordance with the “Note” that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
/s/ Kristen A. Jensen
KRISTEN A. JENSEN
Deputy City Attorney
n:\legana\as2020\2000166\01444086.docx
Tails
City and County of San Francisco
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Ordinance
Ordinance amending the Planning Code to require conditional use authorization for applications to
demolish a single-family residential building on a site zoned as RH-1 (Residential, House District,
One Family) or RH-1(D) (Residential, House District, One Family-Detached), when the building is
demonstrably not affordable or financially accessible housing; affirming the Planning Department’s
determination under the California Environmental Quality Act; making findings of consistency with
the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting
findings of public convenience, necessity, and welfare under Planning Code, Section 302.
File Number:
May 19, 2020
Date Passed:
200142
May 04, 2020 Land Use and Transportation Committee - DUPLICATED
May 04, 2020 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
May 04, 2020 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
May 12, 2020 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
May 19, 2020 Board of Supervisors - FINALLY PASSED
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
Page 1
City and County of San Francisco
Printed at 9:31 am on 5/20/20
File No. 200142
London N. Breed
Mayor
City and Co1111ty of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
5/19/2020 by the Board of Supervisors of
the City and County of San Francisco.
Angela Calvillo
Clerk of the Board
Date Approved
Printed at 9:31 am 0 11 5120120
References
amendsSec. 317
amendsSec. 317.1
amendsSec. 317.2
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0081-20.pdfFetched: 7/4/2026