Planning Code - HOME-SF
Ord. No. 0092-23
in effectFILE NO. 221105
ORDINANCE NO. 92-23
[Planning Code - HOME-SF]
Ordinance amending the Planning Code to exclude designated historic districts under
Article 10 of the Planning Code from the provisions of the Home Ownership Means
Equity - San Francisco (HOME-SF) program; affirming the Planning Department's
determination under the California Environmental Quality Act; and making findings of
consistency with the General Plan, and the eight priority policies of Planning Code,
Section 101.1, and findings of public necessity, convenience, 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 strikethreugh italics Times New Reman 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. Environmental and Planning Code 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. 221105 and is incorporated herein by reference. The Board affirms
this determination.
(b) On February 16, 2023, the Planning Commission, in Resolution No. 21252,
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
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Board 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. 221105, and is incorporated herein by reference.
(c) On February 16, 2023, the Planning Commission, in Resolution No. 21252,
recommended this ordinance for adoption by the Board of Supervisors, and adopted findings
that it will serve the public necessity, convenience, and welfare, as provided in Planning Code
Section 302. The Board 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. 221105, and is incorporated herein by
reference.
Section 2. Article 2 of the Planning Code is hereby amended by revising Section
206.3, to read as follows:
SEC. 206.3. HOUSING OPPORTUNITIES MEAN EQUITY - SAN FRANCISCO
PROGRAM.
* * * *
(b) Applicability. A HOME-SF Project under this Section 206.3 shall be a project that:
( 1) contains three or more residential units, as defined in Section 102, not
including any Group Housing as defined in Section 102, efficiency dwelling units with reduced
square footage defined in Section 318, and Density Bonus Units permitted through this
Section 206.3, or any other density bonus;
(2) is located in any zoning district that: (A) is not designated as an RH-1 or RH-
2 Zoning District; and (B) establishes a maximum dwelling unit density through a ratio of
number of units to lot area, including RH-3, RM, RC, C-2, Neighborhood Commercial, Named
Neighborhood Commercial, and SoMa Mixed Use Districts; but only if the SoMa Mixed Use
District has a density measured by a maximum number of dwelling units per square foot of lot
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area; (C) is not in the North of Market Residential Special Use District, Planning Code Section
249.5, until the Affordable Housing Incentive Study is completed at which time the Board will
review whether the North of Market Residential Special Use District should continue to be
excluded from this Program. The Study will explore opportunities to support and encourage
the provision of housing at the low, moderate, and middle income range in neighborhoods
where density controls have been eliminated. The goal of this analysis is to incentivize
increased affordable housing production levels at deeper and wider ranges of AMI and larger
unit sizes in these areas through 100% affordable housing development as well as below
market rate units within market rate developments; (D) is not located within the boundaries of
the Northeastern Waterfront Area Plan south of the centerline of Broadway; and (E) is not
located on property under the jurisdiction of the Port of San Francisco; and {F) is not located in
a designated historic district under Article IO of this Code;
(3) is not seeking and receiving a density or development bonus under the
provisions of California Government Code Sections 65915 et seq.,, Planning Code Section
207, Section 124(f), Section 202.2(f), Section 304, or any other State or local program that
provides development bonuses;
(4) includes at least 135% of the Base Density as calculated under Planning
Code Section 206.5;
(5) consists of new construction, and excluding any project that includes an
addition to an existing structure;
(6) complies with the on-site lnclusionary Affordable Housing option set forth in
Planning Code Section 415.6; provided however, that the percentage of affordable units and
the required affordable sales price or affordable rents set forth in Section 415.6(a) shall be as
provided in this Section 206.3;
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(7) if any retail use is demolished or removed, does not include a Formula
Retail use, as defined in Planning Code Section 303.1, unless the retail use demolished or
removed was also a Formula Retail Use, or was one of the following uses: Gas Stations,
Private or Public Parking Lots, Financial Services, Fringe Financial Services, Self Storage,
Motel, Automobile Sales or Rental, Automotive Wash, Mortuaries, Adult Business, Massage
Establishment, Medical Cannabis Dispensary, and Tobacco Paraphernalia Establishment, as
those uses are defined in Planning Code Section 102;
(8) if located north of the centerline of Post Street and east of the centerline of
Van Ness Avenue, all otherwise eligible HOME-SF Projects shall only be permitted on:
(A) lots containing no existing buildings; or
(B) lots equal to or greater than 12,500 square feet where existing
buildings are developed to less than 20% of the lot's principally permitted buildable gross floor
area as determined by height limits, rear yard requirements, and required setbacks;
(9) if the City enacts an ordinance directing the Planning Department to study
the creation of a possible area plan wholly or partially located in Supervisorial District 9,
HOME-SF Projects shall not be permitted in any area in Supervisorial District 9 listed in the
ordinance until such time as the City enacts the area plan.
* * * *
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.
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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
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
/s/
AUDREY WILLIAMS PEARSON
Deputy City Attorney
n:\legana\as2022\2300040\01636013.docx
Supervisor Peskin
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
221105
Date Passed: May 16, 2023
Ordinance amending the Planning Code to exclude designated historic districts under Article 10 of the
Planning Code from the provisions of the Home Ownership Means Equity-San Francisco (HOME-SF)
Program; affirming the Planning Department's determination under the California Environmental Quality
Act; and making findings of consistency with the General Plan, and the eight priority policies of
Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under
Planning Code, Section 302.
March 13, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR
April 17, 2023 Land Use and Transportation Committee - CONTINUED
April 24, 2023 Land Use and Transportation Committee - CONTINUED
May 01, 2023 Land Use and Transportation Committee - RECOMMENDED
May 09, 2023 Board of Supervisors - PASSED ON FIRST READING
Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai,
Stefani and Walton
Excused: 1 - Ronen
May 16, 2023 Board of Supervisors - FINALLY PASSED
City and County of San Francisco
Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai and Walton
Excused: 1 - Stefani
Pagel
Printed at 12:02 pm on 5/17123
. '
File No. 221105
London N. Breed
Mayor
City and County of San Francisco
Pagel
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
5/16/2023 by the Board of Supervisors of the
City and County of San Francisco.
Date Approved
Printed at 12:02 pm on 5/17123
References
amendsSec. 206.3
amendsSec. 206.4
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0092-23.pdfFetched: 7/4/2026