Planning Code, Zoning Map - Family and Senior Housing Opportunity Special Use District
Ord. No. 0041-24
in effectAMENDED IN BOARD
FILE NO. 230808
3/5/2024
ORDINANCE NO. 41-24
[Planning Code, Zoning Map - Family and Senior Housing Opportunity Special Use District]
Ordinance amending the Planning Code to change the title of the Family Housing
Opportunity Special Use District to the Family and Senior Housing Opportunity Special
Use District ("SUD"); authorize within the SUD the greater of up to six units per lot or
one unit per 1,000 square feet of lot area on individual Corner Lots in RH (Residential
House) Districts, the greater of up to 18 units per lot or one unit per 1,000 square feet of
lot area on Corner Lots resulting from three lot mergers in RH-1 districts, and the
greater of up to 12 units per lot or one unit per 1,000 square feet of lot area on Corner
Lots resulting from two lot mergers in RH-1 districts; extend various development and
streamlining benefits, including lot merger benefits, to RM-1 (Residential, Mixed), RH-2,
and RH-3 Districts within the area of the SUD bounded by the Great Highway, Lincoln
Way, 19th Avenue, and Sloat Boulevard; and refine project eligibility criteria in the
SUD; amending the Zoning Map to reflect the renamed Family and Senior Housing
Special Use District; 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 strikethrough itelics Times l't/ew Rewienfont.
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:
Supervisors Melgar; Engardio
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Section 1. CEQA and Land Use 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. 230808 and is incorporated herein by reference. The Board affirms
this determination.
(b) On October 26, 2023, the Planning Commission, in Resolution No. 21414, 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. 230808 and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code
amendments will serve the public necessity, convenience, and welfare for the reasons set
forth in Planning Commission Resolution No. 21414, and the Board adopts such reasons as
its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File
No. 230808 and is incorporated herein by reference.
Section 2. Background and Findings.
(a) The 2022 Housing Element of the General Plan includes goals, objectives, policies,
and programs that seek to guide development patterns and the allocation of resources to San
Francisco neighborhoods. Generally, it intends to shift an increased share of San Francisco's
projected future housing growth to transit corridors and low-density residential districts in
"Well-Resourced Neighborhoods" (areas identified by the state as neighborhoods that provide
strong economic, health, and educational outcomes for its residents). In San Francisco, "Well-
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Resources Neighborhoods" are generally coterminous with the boundaries of the Family
Housing Opportunity Special Use District ("SUD"), established in Planning Code Section
249.94. The SUD provides eligible projects with density and other development incentives, as
well as relief from procedural requirements like conditional use authorizations, neighborhood
notification, and public-initiated discretionary review. This ordinance furthers the Housing
Element's goals by providing additional density and development incentives to projects
located on corner lots in the SUD.
(b) To further the goals of the 2022 Housing Element, this ordinance also expands the
scope of existing development incentives to certain neighborhoods within the SUD. The
Planning Department's 2020 Housing Inventory found the Outer Sunset Planning District,
bound by the Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard, contained the
largest concentration of single-family homes within the city's Well-Resourced Neighborhoods.
From 2010 through 2020, the Outer Sunset Planning District gained only one new housing
unit in the housing stock building category containing five to nine units, and only six new
housing units in the housing stock building category containing 10 to 19 units. Relative to
other districts in Well-Resourced Neighborhoods, the Outer Sunset Planning District produced
the least number of new housing units in multifamily buildings. Permitting additional units on
residential and mixed-use lots within the Outer Sunset Planning District provides a significant
opportunity to increase the supply of available housing in San Francisco's Well-Resourced
Neighborhoods.
Section 3. The Planning Code is hereby amended by revising Section 249.94, to read
as follows:
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SEC. 249.94. FAMILY AND SENIOR HOUSING OPPORTUNITY SPECIAL USE
DISTRICT.
(a) Purpose and Relationship to Planning Code Provisions. To incentivize the
development of multifamily housing in the City's well-resourced neighborhoods, a special use
district entitled "Family and Senior Housing Opportunity Special Use District" is hereby
established. All applicable provisions of the Planning Code shall continue to apply to this
special use district. except as otherwise provided in this Section 249.94.
(b) Boundaries. The boundaries of the Family and Senior Housing Opportunity
Special Use District are shown on Special Use District Maps Sheets SU 1, SU 2, SU 3, SU 4,
SU 5, SU 6, SU 7, SU 11, SU 12, and SU 13. These boundaries consist generally of the areas
designated as high-resource and highest-resource on the Well-Resourced Neighborhoods
Map of the 2023-2031 Housing Element.
(c) Eligibility. An eligible project under this Section 249.94 shall be a project that
complies with all the following criteria:
(1) is located in~
=====(A=)=an RH District in the Family and Senior Housing Opportunity Special
Use District ("the SUD"), and is not located in the Telegraph Hill - North Beach Residential
Special Use District (Section 249.9449) or the North Beach Special Use District (Section
780.3); or
(8) an RM-1 District within the area of the SUD that is bounded by the
Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard;
(2) is not seeking or receiving approval under the provisions of Planning Code
Sections 206.3, 206.5, or 206.6;
(3) is not located on a parcel resulting from a lot split under California
Government Code Section 66411.7;
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(4) proposes any of the following project types:
(A) Single-Lot Development Project. The construction on a single lot,
including through the alteration of an existing structure, of at least two dwelling units and no
more than the maximum number of dwelling units prescribed in subsection (d)(1 )(A) of this
Section 249.94, inclusive of any existing dwelling units on the site and any Unauthorized
Units, as defined in Section 317, occupied by a tenant at any time within the five years
preceding application.
!!LFor a single-lot project proposing four dwelling units, the fourth
dwelling unit shall be constructed in the rear yard pursuant to subsection (d)(3) of this Section
249.94. If the proposed rear-yard unit does not meet the requirements of subsection (d)(3) of
this Section 249.94, the project shall be limited to three units. For a project proposing fewer
than four dwelling units, up to one unit may be located in the rear yard pursuant to subsection
(d)(3) of this Section 249.94.
(ii} Single-lot projects located on Corner Lots shall not construct
any units in the rear yard;
(B) Lot-Merger Development Project in RH 1 Districts. A merger of
up to three lots in RH 1, RH 1 (D), or RH 1(8) districts and the construction on the resulting lot
of at least nine dwelling units and no more than the maximum number of dwelling units
prescribed in subsection (d)(1 )(B) of this Section 249.94 for a three-lot merger project, or at
least six dwelling units and no more than the maximum number of dwelling units prescribed in
subsection (d)(1 )(B) of this Section 249.94 for a two-lot merger project. A project proposing a
lot merger shall not be eligible to construct a rear-yard unit pursuant to subsection (d)(3) of
this Section 249.94. A project may not propose a lot merger that would result in a lot having
both its front and its rear lot line along Streets, Alleys, or a Street and an Alley ("through lot"},
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unless at least one of the lots that will be merged is a through lot. To be eligible to construct a
lot merger project in the SUD, the project shall be located in the following:
(i) an RH-1, RH-HD), or RH-HS) District: or
(ii) an RH-2 or RH-3 District within the area of the SUD that is
bounded by the Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard; or
(iii) an RM-1 District within the area of the SUD that is bounded by
the Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard;
(C) Group Housing Development Project. A single-lot project
pursuant to subsection (c)(4)(A) of this Section 249.94 and a lot-merger project pursuant to
subsection (c)(4)(B) of this Section 249.94 may also propose the construction of Group
Housing up to the density limits prescribed in subsection (d)(1 )(C) of this Section 249.94 for
projects located in RH-1, RH-1 (D), or RH-1 (S) districts. For projects outside of those districts,
the group housing density limit shall be the limits currently permitted under the Planning Code.
A project shall not propose both dwelling units and Group Housing bedrooms. Projects
proposing Group Housing bedrooms shall not be eligible for condominium subdivision,
including but not limited to conversion pursuant to Subdivision Code Section 1396.7;
<D} Ground Floor Commercial Use. An eligible project under
subsection (c)(4)(A)-(C) may also propose ground floor commercial uses, provided that such
uses are principally permitted in the applicable use district:
(5) contains the following bedroom configurations:
(A) for single-lot projects under subsection (c)(4)(A) of this Section
249.94, at least two dwelling units with two or more bedrooms, unless the project proposes
the addition of one dwelling unit to a lot with three existing dwelling units, in which case the
required bedroom configurations in this subsection (c)(5)(A) shall not apply;
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(B) for two-lot merger projects under subsection (c)(4)(B) of this Section
249.94, at least two dwelling units with two bedrooms, or at least one dwelling unit with three
bedrooms;
(C) for three-lot merger projects under subsection (c)(4)(B) of this
Section 249.94, at least three dwelling units with two bedrooms, or at least two dwelling units
with three bedrooms.
(D) The requirements of this subsection (c)(5) may be satisfied by
existing dwelling units retained on site. This subsection (c)(5) does not apply to Group
Housing projects or to certain Corner Lot projects. as detailed in subsection (d)fB!fil-of this
Section 249.94;
(6) includes more dwelling units than are existing on the site at the time of
application. For the purposes of this subsection (c)(6), an existing dwelling unit includes an
Unauthorized Unit, as defined in Planning Code Section 317, that has been occupied by a
tenant at any time within the five years preceding application submittal and also includes an
Accessory Dwelling Unit, as defined in Planning Code Section 102. Group Housing projects
utilizing this Section 249.94 shall provide more bedrooms than are existing on the site at the
time of application;
(7) does not propose the demolition of a building that is:
(A) located in an Article 10 Historic District;
(B) listed as a Landmark under Article 10-;
(C) located in an Article 11 Conservation District, where the building has
a rating of Category I. II, Ill or IV;
(D) listed in or determined eligible for listing in the California Register of
Historical Resources individually and/or as a contributor to a historic district; or,
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(E) listed in or determined eligible for listing in the National Register of
Historic Places individually and/or as a contributor to a historic district;
(8) complies with the Planning Code and any applicable design guidelines,
including but not limited to the provisions of this Section 249.94 and does not seek any
variances or exceptions from the Planning Code. Notwithstanding the previous sentence, an
eligible project shall strive for consistency with the Residential Design Guidelines to the extent
feasible;
(9) complies with the requirements of Section 66300(d) of the California
Government Code, as may be amended from time to time and as are in effect at the time a
complete project application is submitted, except as otherwise specified herein, including but
not limited to requirements to replace all protected units and to offer existing occupants of any
protected units that are lower income households relocation benefits and a right of first refusal
for a comparable unit, as those terms are defined therein. Notwithstanding the foregoing
sentence, if California Government Code Section 66300 becomes inoperative, the project
shall comply with the last operative version of Section 66300 before it became inoperative.
This subsection (c)(9) does not modify or supersede any other City requirements related to
relocation, including but not limited to the requirements of Chapter 37 of the Administrative
Code;
(10) the project sponsor certifies under penalty of perjury that at the time of the
submittal of their application, the project sponsor has owned the subject lot for a minimum of
fiveonefive years~ if the site contains two or more dwelling units, or a minimum of one year if
the site contains one or fewer dwelling units, or a minimum of one year if the site contains one
or fewer dwelling units. Notwithstanding the foregoing sentence, a single-family home that
contains an Unauthorized Unit shall -Rat-be subject to the one-year requirement. This
ownership requirement in this subsection (c)(10) shall be subject to the following:
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(A) Eligible Predecessor. A property owner who has inherited the
subject lot, including any inheritance in or through a trust, from a blood, adoptive, or step
family relationship, specifically from either (i) a grandparent, parent, sibling, child, or
grandchild, or (ii) the spouse or registered domestic partner of such relations, or (iii) the
property owner's spouse or registered domestic partner (each an "Eligible Predecessor"), may
add an Eligible Predecessor's duration of ownership of the subject lot to the property owner's
duration of ownership of the same lot.
(B) Multiple Ownership. Whenever property proposed for development
is jointly owned, owned as common property, or is otherwise subject to multiple ownership,
the durational requirements of this subsection (c)(10) must be satisfied by: (i) the majority
ownership, whether represented by stock, membership interest, partnership interest, co-
tenancy interest, or otherwise, in the case of projects proposed under subsection (c)(4)(A); or
(ii) the majority ownership of each lot to be merged, whether represented by stock,
membership interest, partnership interest, co-tenancy interest, or otherwise, in the case of
projects proposed under subsection (c)(4)(B).
(C) Vacant or Abandoned Property. The ownership requirement in this
subsection (c)(10) shall not apply if the property has been registered as a vacant or
abandoned building pursuant to Building Code Section 103A.4 et seq. for at least five years
preceding the application submittal if the existing site contains two or more dwelling units, or
one year preceding application submittal if the site contains one or fewer dwelling units or a
single-family home containing an Unauthorized Unit:-;
(D) The requirements of this subsection (c)(10) shall apply regardless of
the legal form of ownership of the property, including but not limited to properties owned by a
limited liability company.,.~
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(11) the project sponsor certifies under penalty of perjury that the project does
not propose the demolition of:
(A) three or more dwelling units that are or were:
(i) subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of lower or very low income within the past
five years; or
(ii) subject to limits on rent increases under the Residential Rent
Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) within the past
five years; or
(iii) rented by lower or very low income households within the
past five years; or
(B) a dwelling unit occupied by a tenant at the time of application; or
(C) a dwelling unit from which a tenant has been evicted under
Administrative Code Sections 37.9(a)(8)-(12) or 37.9(a)(14)-(16) within the past five years or a
dwelling unit that has been vacated within the past five years pursuant to a Buyout
Agreement, pursuant to the requirements of Administrative Code Section 37.9E, as it may be
amended from time to time, regardless of whether the Buyout Agreement was filed and
registered with the Rent Board pursuant to Administrative Code Section 37.9E(h).
(D) For the purposes of this subsection (c)(11) of Section 249.94, "lower
or very low income households" shall have the same meaning as in Government Code
Section 66300; and
(12) the project sponsor has conducted one pre application meeting prior to or
within 20 days of filing a development application. Following submission of a development
application, the +Re-Planning Department shall not acceptdetermine a development
application under this Section 249.94 to be complete without confirmation that the project
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sponsor has held at least one pre application meeting conforming to the requirements of this
subsection (c)(12) and any additional procedures established by the Planning Department.
The project sponsor shall provide mailed notice of the pre application meeting to the
individuals and neighborhood organizations specified in Planning Code Section 333(e)(2)(A)
and (C). The Planning Department shall establish additional procedures to administer this
subsection (c)(12).
(d) Other Controls.
(1) Density Exceptions. Projects that meet the eligibility criteria in subsection
(c) of this Section 249.94 are exempt from residential density limits, calculation of which shall
not include any Accessory Dwelling Units permitted under Section 207, as follows:
(A) Single-Lot Density Exception. For projects eligible under
subsection (c)(4)(A), up to four dwelling units per lot. Projects on a single Corner Lot may
propose the greater of up to six dwelling units per lot or one dwelling unit per 1.000 square
feet of lot area;
(B) Lot-Merger Density Exception. For projects eligible under
subsection (c)(4)(B), the greater of twelve dwelling units per lot or one dwelling unit per 1,000
square feet of lot area, if the lot is the result of a merger of three lots, or the greater of eight
dwelling units per lot or one dwelling unit per 1,000 square feet of lot area, if the lot is the
result of a merger of two lots. Projects on a resulting Corner Lot may propose the greater of
up to 18 dwelling units per lot or one dwelling unit per 1.000 square feet of lot area for a three-
lot merger project. or the greater of up to 12 dwelling units per lot or one dwelling unit per
1,000 square feet of lot area for a two-lot merger project;
(C) Group Housing Density Exception. For both Single-Lot and Lot-
Merger Development Projects under subsection (c)(4)(A) or (B), up to one Group Housing
bedroom per 415 square feet of lot area in RH-1, RH-1 (D), and RH-1 (S) districts.
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(2) Height. Notwithstanding any other provision of this Code, including but not
limited to Section 261 (b), the height limit for a project that meets the eligibility criteria in
subsection (c) of this Section 249.94 shall be 40 feet, if 40 feet is authorized by the Height
Map of the Zoning Map. Notwithstanding the foregoing sentence, a project shall comply with
the requirements of Section 261 (c).
(3) Construction of Rear-Yard Unit. Construction of a A rear-yard unit shall
be a permitted obstruction in the required rear yard under Section 136(c), provided that the
project complies with governed by the following standards:
(A) The subject parcel must be at least 2,400 square feet;
(B) The rear-yard unit shall be located at least four feet from the side
and rear lot lines and shall not share structural walls with any other structure on the lot;
(C) Compliance 1Nith minimum rear yard requirements shall not be
required, except that a A minimum 25 feet separation of unobstructed open area shall be
provided between the facades of the rear-yard building and the primary building that face
each other. Such open area shall comply with the requirements of Section 135(a)-(c);
(D) For the rear-yard unit and units in the primary building that obtain
their only Code-complying exposure from the rear yard, the dwelling unit exposure
requirements of Section 140(a)(2) may be satisfied through qualifying windows facing an
unobstructed open area that is no less than 25 feet in every horizontal dimension, and such
open area is not required to expand in every horizontal dimension at subsequent floors. Such
open area shall be unobstructed except for fire escapes not projecting more than necessary
for safety, and in no case more than four feet six inches; chimneys; and those obstructions
permitted in Sections 136(c)(14), (15). (16). (19). (20). and (26);
(E) The rear-yard building height shall be limited to 20 feet measured
from existing grade at any given point to either i) the highest point of a finished roof, in the
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case of a flat roof, or ii) the average height of a pitched roof or stepped roof, or similarly
sculptured roof form. The rear-yard building shall not be eligible for any height exemptions in
subsection (d)(2) of this Section 249.94 or in Section 260(b); and
(F) Each dwelling unit or group housing bedroom shall have at least 100
square feet of usable open space if private, or 133 square feet if common.
(G) For the purposes of this subsection (d)(3}, the unobstructed open
area shall be measured from the greatest depth of the rear facade for the primary building and
the front facade of the rear-yard building that is closest to the rear yard.
(4) Rear Yard Requirements. For projects that do not construct a rear yard
unit pursuant to subsection (d)(3) of this Section 249.94, the basic rear yard requirement shall
be equal to 30% of the total depth of the lot on which the building is situated, but in no case
less than 15 feet.
~!i} Open Space Requirements for Lot-Merger Projects. For projects
eligible under subsection (c)(4)(B) of this Section 249.94, each dwelling unit shall have at
least 100 square feet of usable open space if private, or 133 square feet if common.
fet@ Minimum Density Requirement on Merged Lots. For lots merged
pursuant to subsection (c)(4)(B) of this Section 249.94, any development on the resulting lot
shall be subject to the following minimum densities:
(A) six units per lot, if the lot results from a two-lot merger; or
(B) nine units per lot, if the lot results from a three-lot merger.
===fB(6) Additional Requirements for Certain Corner Lot Proiects. For
proiects on Corner Lots that propose at least five units under subsection (c)(4)(A) of this
Section 249.94, or at least 15 units for a three-lot merger or at least 10 units for a two-lot
merger under subsection (c}(4}(B). the following requirements shall apply:
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(A} The height limit shall be 65 feet. notwithstanding any provision to the
contrary in the Height Map of the Zoning Map and notwithstanding subsection (d)(2) of this
Section 249.94. Compliance with Section 261 (c) shall not be required;
(8) The basic rear yard requirement shall be equal to 25% of the total
depth of the lot on which the building is situated, but in no case less than 15 feet:
(C) Each dwelling unit shall have at least 100 square feet of usable open
space if private, aREl-or 133 square feet if common;
(0) Group Housing shall not be permitted; and
(E) The minimum bedroom requirements in subsection (c)(5) of this
Section 249.94 shall not apply~
(F) No units may be located in the rear yard pursuant to subsection (d)(3)
of this Section 249.94.
(e) Applicability of Rent Ordinance; Regulatory Agreements.
(1) Sponsors of projects utilizing any of the density exceptions above the base
density up to the limits in subsection (d)(1) of this Section 249.94 shall enter into a regulatory
agreement with the City subjecting the new units created pursuant to such density exception,
except for any required Affordable Units as defined in Planning Code Section 401, to the
Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative
Code), as a condition of approval of the density exception ("Regulatory Agreement").
(2) The property owner and the Planning Director, or the Director's designee,
on behalf of the City, will execute the Regulatory Agreement, which is subject to review and
approval 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
107 A.13.1 of the Building Code. Following execution of the Regulatory Agreement by all
parties and approval by the City Attorney, the Regulatory Agreement or a memorandum
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thereof shall be recorded in 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.
(3) At a minimum, the Regulatory Agreement shall contain the following:
(A) A description of the total number of units approved, including the
number of units subject to the Rent Stabilization and Arbitration Ordinance and other
restricted units, if any, and the location, square footage of dwelling units, and number of
bedrooms in each unit;
(B) A statement that the new units created pursuant to the density
exception are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code
Section 1954.50 et seq.). Further, that under Section 1954.52(b), the property owner has
entered into and agreed to the terms of the agreement with the City in consideration for an
exception from residential density limits, or other direct financial contribution or other forms of
assistance specified in California Government Code Section 65915 et seq.;
(C) A description of the residential density exception or other direct
financial contribution or forms of assistance provided to the property owner; and
(D) A description of the remedies for breach of the agreement and other
provisions to ensure implementation and compliance with the agreement.
(f) Review and Approvals. Notwithstanding any other provision of this Code, the
following shall apply to any project that meets the eligibility criteria in subsection (c) of this
Section 249.94, irrespective of whether a project is utilizing a density exception to construct
units above the applicable density limit in the RH or RM-1 a-District pursuant to subsection
(d)(1) of this Section 249.94:
(1) No conditional use authorization shall be required, including but not limited
to the requirements of Sections 303 and 317 of this Code, unless:
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(A) a project would demolish any units that are subject to limits on rent
increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of
the Administrative Code); or
(B) a project requires a conditional use authorization pursuant to
Sections 249.77 or 249.92.
(2) Compliance with Section 311 of this Code shall not be required, unless a
project would demolish any units that are subject to limits on rent increases under the
Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative
Code), in which case the requirements of Section 311 shall apply; and
(3) A Notice of Special Restrictions ("NSR") shall be recorded on the title of any
property receiving approval under this Section 249.94. The NSR shall:
(A) Describe the uses, restrictions, and development controls approved
under Planning Code Section 249.94, including but not limited to the minimum density
restrictions set forth in subsection (d)~!fil;
(B) State that the NSR runs with the land and is binding on all future
owners and successors in interest;
(C) Provide the Planning Department with the ability to enforce the
provisions of this Section 249.94;
(D) Describe any other conditions that the Planning Director or Planning
Commission deems appropriate to ensure compliance with this Section 249.94; and
(E) Be signed by the City and recorded prior to issuance of the building
permit for the project receiving approval under this Section 249.94.
(g) Review of Program. The Planning Department shall include the location and
number of units of projects using this Section 249.94 in the Housing Inventory Report. Prior to
December 31, 2030, the Planning Department shall prepare a report containing
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recommendations for modifications to this Section 249.94, including modifications to the
boundaries described in subsection (b), to further the goals of the City's Seventh Housing
Element Cycle.
Section 4. Pursuant to Sections 106 and 302(c} of the Planning Code. Sheets SU 1.
SU 2. SU 3. SU 4. SU 5. SU 6. SU 7. SU 11. SU 12. and SU 13 of the Zoning Map of the City
and County of San Francisco are hereby amended. as follows:
Existing Special Use District
Renamed Special Use District
Family Housing Opportunity Special Use
Family and Senior Housing Opportunity
District
Special Use District
The Zoning Map amendment in this Section 4 amends the title of the Special Use
District and does not alter the boundaries of the Special Use District.
Section 5. Formatting of Ordinance: Explanation of Fonts.
(a} On July 10. 2023. the Land Use and Transportation Committee of the Board of
Supervisors duplicated Board File No. 230026 to create Board File No. 230808. The
ordinance in File No. 230026 proceeded through the legislative process. was enacted as
Ordinance No. 195-23. and became effective in October 2023. The ordinance in File No.
230808 - this ordinance - remained at the Land Use and Transportation Committee. This is
the trufafourth version of that ordinance.
(b) While the second version of this ordinance was pending at the Land Use and
Transportation Committee. Ordinance No. 195-23 became effective. To clearly understand
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the proposed amendments to existing law (Planning Code Section 249.94, as enacted by
Ordinance No. 195-23) contained in t.A+sthe third and fourth versions of the ordinance, the
ordinance shows in "existing text" font (plain Arial) the law currently in effect (Planning Code
Section 249.94, as enacted by Ordinance No. 195-23). The ordinance shows in "Board
amendment" font (double-underlined Arial for additions, and strikethrough Arial for deletions)
amendments to existing law.
(~ +A+SThe third and fourth versions of the ordinance also includes new short and long
titles that describe the ordinance, to reflect changes in existing law. They replace the short
and long titles in the previous two versions of the ordinance, which had included references to
the amendments that became effective with the enactment of Ordinance No. 195-23.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, or word
of this ordinance, or any application thereof to any person or circumstance, is held to be
invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions or applications of the ordinance. The
Board of Supervisors hereby declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, phrase, and word not declared invalid or
unconstitutional without regard to whether any other portion of this ordinance or application
thereof would be subsequently declared invalid or unconstitutional.
Section 7. No Conflict with Federal or State Law. Nothing in this ordinance shall be
interpreted or applied so as to create any requirement, power, or duty in conflict with any
federal or state law.
Supervisors Melgar; Engardio
BOARD OF SUPERVISORS
Page 18
Section 8. 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 9. 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/ Giulia Gualco-Nelson
GIULIA GUALCO-NELSON
Deputy City Attorney
n:\legana\as2023\2300112\017 40965.docx
Supervisors Melgar; Engardio
BOARD OF SUPERVISORS
Page 19
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton 8. Goodlett Place
San Francisco, CA 94102-4689
File Number:
230808
Date Passed:
March 12, 2024
Ordinance amending the Planning Code to change the title of the Family Housing Opportunity Special
Use District to the Family and Senior Housing Opportunity Special Use District ("SUD"); authorize
within the SUD the greater of up to six units per lot or one unit per 1,000 square feet of lot area on
individual Corner Lots in RH (Residential House) Districts, the greater of up to 18 units per lot or one
unit per 1,000 square feet of lot area on Corner Lots resulting from three lot mergers in RH-1 districts,
and the greater of up to 12 units per lot or one unit per 1,000 square feet of lot area on Corner Lots
resulting from two lot mergers in RH-1 districts; extend various development and streamlining benefits,
including lot merger benefits, to RM-1 (Residential, Mixed), RH-2, and RH-3 Districts within the area of
the SUD bounded by the Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard; and refine
project eligibility criteria in the SUD; amending the Zoning Map to reflect the renamed Family and
Senior Housing Special Use District; 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.
July 10, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
July 10, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR AS AMENDED
February 05, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
February 05, 2024 Land Use and Transportation Committee - CONTINUED AS AMENDED
February 12, 2024 Land Use and Transportation Committee - CONTINUED
February 26, 2024 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
February 26, 2024 Land Use and Transportation Committee - RECOMMENDED AS
AMENDED
March 05, 2024 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE
BEARING SAME TITLE
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
March 05, 2024 Board of Supervisors - DUPLICATED AS AMENDED
City and Coullty of San Francisco
Page 1
Printed at 9:04 am on 3/13124
March 05, 2024 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
March 12, 2024 Board of Supervisors - FINALLY PASSED
Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai,
Stefani and Walton
Excused: 1 - Ronen
File No. 230808
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
3/12/2024 by the Board of Supervisors of the
City and County of San Francisco.
Clerk of the Board
Date Approved
Printed at 9:04 am on 3/13/24
References
amendsSec. 249.94
amendsSec. 249.95
amendsSec. 249.96
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0041-24.pdfFetched: 7/4/2026