AMENDED IN COMMITTEE
FILE NO. 190458
1/27/2020
ORDINANCE NO. 31-20
[Planning, Administrative Codes - North of Market Affordable Housing Fees and Citywide
Affordable Housing Fund]
Ordinance amending the Planning Code and the Administrative Code to abolish the
North of Market Affordable Housing Fund! and have reflect the certain current
affordable housing fee~ collected in conjunction with the North of Market Residential
Special Use District affordable housing, and deposited such fee in the Citywide
Affordable Housing Fund; and making findings of consistency with the General Plan,
and the eight priority policies of Planning Code, Section 101.1, and 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 1'1ev,; Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial 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) On June 13, 2019, the Planning Commission, in Resolution No. 20465, 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
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. 190458, and is incorporated herein by reference.
(b) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this
ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in
Planning Commission Resolution No. 20465, and incorporates such reasons by this reference
Mayor Breed
BOARD OF SUPERVISORS
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thereto. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File
No. 190458.
Section 2. Article 2 of the Planning Code is hereby amended by revising Section
263.7, to read as follows:
SEC. 263.7. SPECIAL HEIGHT EXCEPTIONS: NORTH OF MARKET RESIDENTIAL
SPECIAL USE DISTRICT.
* * * *
(d) Conditions. The Gityi--Planning Commission shall impose conditions on the
approval of applications for conditional use authorization, required pursuant to Section 253 for
buildings which exceed 40 feet in height in an R District, if such authorization includes a grant
of an exception to the 80-foot base height limit, in order to mitigate the impact that such height
exception is likely to have on the existing supply of affordable housing in the area. The
condition shall require that the applicant pay a fee to the Gityi--Controller which shall be
deposited in the Citywide }forth ofA1arket Affordable Housing Fund established in Administrative
Code Section 10.100-49 (the "Fund").
(e) Fee. The fee required pursuant to &~ubsection (d) above shall be equal to the sum
of $2-5-44 times the total gross square footage of floor space located above 80 feet in height
as determined by the Zoning Administrator, as shown on the building plans. The fee shall be
due and payable prior to the issuance of a temporary certificate of occupancy, unless the
project sponsor agrees to and qualifies for participation in an amortized payment program, to
be established by the Director of the Mayor's Office of Housing and Community E-eonemie
Development (MOHCED) and the Director of City Planning, such program to be subject to
subsequent review and approval by the City Planning Commission and the Board of
Supervisors, which program would result in the City receiving an amount equivalent to the
value of the contribution at the time the temporary certificate of occupancy is issued.
Mayor Breed
BOARD OF SUPERVISORS
Page
* * * *
(g) 1Vorth of'Afarket Citywide Affordable Housing Fund. There is hereby established a
separate fimd set aside for a special purpose called the "]'lorth oj}lfarket Afferdable Housing Fund
('P'und). "All fees monies collected by the Controller pursuant to this Section 263. 7 shall be
deposited in the Fund, but the fees shall be separately accounted for and expended by MOHCD as
provided in this Section. All monies fees collected under this Section and deposited in the Fund shall
be used solely to stabilize, rehabilitate, and retain affordable housing in the North of Market
Residential Special Use District. No fees collected under this Section portion <>fthe Fund may be
used, by way of loan or otherwise, to pay any administrative, general overhead, or similar
expense of any entity except for servicing cost related to participation in the amortized
payment program. The Fund shall be administered by the Director of the A1ayor's Office ofHousing
and Economic Community Development (A«JHECD).
(h) Rules and Regulations for Implementation. The Director of MOHCED and the
Director of City Planning shall prepare and submit to the Gi-ty-Planning Commission and the
Board of Supervisors for review and approval such rules and regulations as may be
necessary for the implementation of this Section. The Director of MOHCED and the Director
City Planning shall further propose such amendments or additions to the rules and regulations
that he or she determines to be necessary. Such amendments and additions shall include
periodic revision of the fee to reflect current conditions.
Section 3. Chapter 10 of the Administrative Code is hereby amended by revising
Section 10.100-49, to read as follows:
SEC. 10. 100-49. CITYWIDE AFFORDABLE HOUSING FUND.
(a) Establishment of Fund. The Citywide Affordable Housing Fund is established as
a category eight fund to receive fee revenue dedicated to affordable housing and other
contributions to the fund. The fund receives money from, among other sources:
Mayor Breed
BOARD OF SUPERVISORS
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(I) The North of Market Residential Special Use District, Planning Code Section 263. 7"
fl-)Ql The Jobs Housing Linkage Program, Planning Code Section~ 413 et seq.;
fJJal The lnclusionary Affordable Housing Program, Planning Code Section~ 415
et seq.;
{J){jj_ The Market and Octavia Affordable Housing Program, Planning Code
Section 416.5;
(5) The Eastern Neighborhoods Area Plan Alternate Affordable Housing Fee, Planning
Code Section 417.5,·
f4}@ The Eastern Neighborhoods Housing FundL:- Planning Code Section 423.5;
~{ll The Expedited Condominium Conversion ProgramL:- Subdivision Code
Section 1396.4; and,
(6}@1 Repayments of loans and other program income associated with
investments initially made with monies from the fund.
* * * *
Section 4. 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 5. 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
Ill
Ill
Mayor Breed
BOARD OF SUPERVISORS
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the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
KEITH NA AYAMA
Deputy City Attorney
n:\legana\as2019\1900437\01418686.docx
Mayor Breed
BOARD OF SUPERVISORS
Page 5
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
190458
Date Passed: February 11, 2020
Ordinance amending the Planning Code and the Administrative Code to abolish the North of Market
Affordable Housing Fund, and have certain affordable housing fees collected in conjunction with the
North of Market Residential Special Use District deposited in the Citywide Affordable Housing Fund;
and making findings of consistency with the General Plan, and the eight priority policies of Planning
Code, Section 101.1, and findings of public convenience, necessity, and welfare under Planning
Code, Section 302.
July 15, 2019 Land Use and Transportation Committee - RECOMMENDED
July 23, 2019 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE
BEARING SAME TITLE
Ayes: 11 - Brown, Fewer, Haney, tv1andelman 1 tv1ai, Peskin, Ronen, Safai, Stefani,
Walton and Yee
July 23, 2019 Board of Supervisors - RE-REFERRED AS AMENDED
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
January 13, 2020 Land Use and Transportation Committee - CONTINUED
January 27, 2020 Land Use and Transportation Committee - AMENDED, AN
AMENDMENT OF THE WHOLE BEARING NEW TITLE
January 27, 2020 Land Use and Transportation Committee - RECOMMENDED AS
AMENDED
February 04, 2020 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
February 11, 2020 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
Pagel
Printed at 8:57 am 011 2112120
File No. 190458
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
2/11/2020 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 8:57 am on 2/12120
