Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program
Ord. No. 0289-19
in effectFILE NO. 191016
ORDINANCE NO. 289-19
[Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program]
Ordinance amending the Planning Code to require at least half of residential units in
Educator Housing projects to have two or more bedrooms, to eliminate the requirement
that Educator Housing projects have a minimum amount of three-bedroom units,
conditioned on the passage of Proposition E in the November 5, 2019, Municipal
Consolidated Election; 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 proposed by Proposition E, and uncodified text,
are in plain Arial font.
Additions to Code text proposed by Proposition E are in single-underline
italics Times New Roman font.
Deletions to Code text proposed by Proposition E are in strikethrough
italics Times }{cw Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in stril<ethrough /\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. 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. 191016 and is incorporated herein by reference. The Board affirms
this determination.
Supervisors Fewer; Mar, Peskin, Haney, Safai, Walton, Ronen, Preston
BOARD OF SUPERVISORS
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(b) On November 21, 2019, the Planning Commission, in Resolution No. 20570,
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. 191016, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, the Board finds that this ordinance will
serve the public necessity, convenience, and welfare for the reasons set forth in Planning
Commission Resolution No. 20570 and the Board incorporates such reasons herein by
reference. A copy of Planning Commission Resolution No. 20570 is on file with the Clerk of
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the Board of Supervisors in File No. 191016.
Section 2. Article 2 of the Planning Code is hereby amended by revising Section
206.9, as proposed by Proposition Eon the November 5, 2019 Consolidated Municipal
Election ballot, to read as follows:
SECTION 206.9. 100% AFFORDABLE HOUSING AND EDUCATOR HOUSING
STREAMLINING PROGRAM.
(a) Purpose. The purpose of the 100% Affordable Housing and Educator Housing
Streamlining Program is to facilitate the construction and development of 100% Affordable
Housing Projects and Affordable Educator Housing Projects, as defined in subsection (b ), in
which Residential Units are affordable to Very-Low, Low, and Moderate Income Households.
(b) Definitions. The definitions of Section 102 and the definitions in Section 401 for
"Area Median Income" or "AMI," "Housing Project," and "Life of the Project," shall generally
apply to Section 206.9. The following definitions shall also apply, and shall prevail if there is a
conflict with other sections of the Planning Code, including Section 206.2.
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(1) "100% Affordable Housing." Residential Units that are deed-restricted
for 55 years or the Life of the Project, whichever is longer and consistent with any applicable
tax credit regulatory requirements, to be affordable to Very-Low, Low, or Moderate income
households with an income up to 120% of the unadjusted area median family income (AMI)
for the HUD Metro Fair Market Rent Area (HMFA) that contains San Francisco, as published
annually by MOHCD.
(2) "100% Affordable Housing Project." A project for the development of
Residential Units all of which are 100% Affordable Housing, up to a maximum overall average
of 80% AMI across all Residential Units in the project. A 100% Affordable Housing Project
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may also include principally permitted non-residential uses on the ground floor, and non-
residential uses that are accessory to and supportive of the affordable housing.
Notwithstanding the foregoing, the maximum affordable rent or sales price for a Residential
Unit in a 100% Affordable Housing Project may be no higher than 20% below median market
rents or sales prices for that unit size in the neighborhood in which the project is located,
which neighborhood shall be defined in accordance with the American Community Survey
Neighborhood Profile Boundaries Map. MOHCD shall determine the allowable rents and
sales prices, and the eligible households for such units accordingly.
(3) "Educator Housing Project." A project for the development of deed-
restricted Residential Units all of which are restricted for the Life of the Project or 55 years,
whichever is longer and consistent with any applicable tax credit regulatory requirements, to
occupancy by at least one employee of the San Francisco Unified School District ("SFUSD")
or San Francisco Community College District ("SFCCD"), as verified by the Planning
Department or MOHCD. At least four-fifths of the units in an Educator Housing Project must
be deed restricted for the Life of the Project or 55 years, whichever is longer and consistent
with any applicable tax credit regulatory requirements to be affordable to households with an
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income from 30% to 140% of the unadjusted area median family income (AMI), with an overall
average of 100% AMI across all such units. Up to one-fifth of the units may be deed restricted
up to a maximum 160% AMI for the HUD Metro Fair Market Rent Area (HMFA) that contains
San Francisco, as published annually by MOHCD. An Educator Housing Project is also
allowed to be a mixed-use development project with a maximum 20% of the gross building
square footage designated for non-residential neighborhood-serving uses.
(A) No units in an Educator Housing Project shall be smaller than
the minimum unit sizes set forth by the California Tax Credit Allocation Committee as of May
16, 2017, or smaller than 300 square feet for a studio.
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(B) Any units in an Educator Housing Project with a rental rate set
£tt above 120% of Area Median Income or above shall have a minimum occupancy of two
persons.
(C) Notwithstanding any other provision of this Code, an Educator
Housing Project shall include a minimum of J9% 50% of the total units as 2-bedroom units or
larger. and a minimum of20% of the total units as 3 bedroom units or larger.
All references in this Section 206.9 to other sections of the Planning Code shall refer to
those other sections as they may be amended from time to time after the effective date of the
initiative measure enacting this Section 206.9.
(c) Applicability. A 100% Affordable Housing Project or Educator Housing Project
under this Section 206.9 shall be a Housing Project that:
(1) is located in any zoning district that allows Residential Uses;
(2) is located on a lot or lots equal to or greater than 10,000 square feet;
(3) is not located on land under the jurisdiction of the Recreation and Parks
Department for the purpose of a public park;
Supervisors Fewer; Mar, Peskin, Haney, Safai, Walton, Ronen, Preston
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(4) meets the definition of a "100 Percent Affordable Housing Project" or an
"Educator Housing Project" in subsection (b ); and
(5) does not demolish, remove, or convert any Residential Units, and does not
include any other parcel that has any Residential Units that would be demolished, removed, or
converted as part of the project.
(d) Density. Notwithstanding any other provisions of this Code, density of an 100%
Affordable Housing Project or Educator Housing Project shall not be limited by lot area or
zoning district maximums but rather by the applicable requirements and limitations set forth
elsewhere in this Code, including consistency with the Affordable Housing Bonus Program
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Design Guidelines, referenced in Section 315.1, as determined by the Planning Department.
( e) Zoning Modifications. Notwithstanding any other provision of this Code, 100%
Affordable Housing Projects and Educator Housing Projects may select any or all of the
following Planning Code modifications:
(1) Rear Yard. The required rear yard per Section 134 or any applicable special
use district may be reduced to no less than 15 feet. Rear yards shall be provided with an
open area at the lowest story containing a Dwelling Unit, and at each succeeding level or
story of the building. Projects located on corner parcels may meet the minimum rear yard
requirement at the interior corner of the property provided that each horizontal dimension of
the open space is a minimum of 15 feet, and that the open area is wholly or partially
contiguous to the existing midblock open space, if any, formed by the rear yards of adjacent
properties, and provides for access to light and air to and views from adjacent properties.
(2) Open Space. The required common open space per Section 135 may be
reduced to no less than 36 square feet of open space per unit.
(3) Inner Courts as Open Space. Inner courts qualifying as useable common
open space per Section 135(g)(2) may be provided by courtyards with no less than 25 feet in
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every horizontal dimension, with no restriction on the heights of adjacent walls. All area within
such an inner court shall qualify as common open space under Section 135.
(4) Dwelling Unit Exposure. 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 15 feet in every horizontal dimension, and such open area is not
required to expand in every horizontal dimension at each subsequent floor.
(5) Required commercial space. Notwithstanding any other provision of this
Code, any required ground-floor commercial space may include Arts Activities or
Neighborhood-Serving Businesses, as defined in Section 102. Ground floor commercial
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spaces accessory to the 100% Affordable Housing or Educator Housing Project shall not be
limited by use size restrictions. Ground floor Arts Activities or Neighborhood-Serving
Businesses shall be considered active uses if more than 50 percent of the linear street
frontage provides transparent walls and direct pedestrian access to a public sidewalk, and are
consistent with the Ground Floor Residential Design Guidelines.
(6) Ground Floor Ceiling Height. Projects with active ground floors, as defined
in Section 145.1 (b )(2), shall receive up to a maximum of an additional five feet above the
height limit, exclusively to provide a minimum 14-foot (floor to ceiling) ground floor ceiling
height.
(7) Projects located entirely or partially on a parcel or parcels designated on the
San Francisco Zoning Map as open space (OS) that are not under the jurisdiction of the
Recreation and Parks Department shall be deemed to have a height limit and a bulk
designation of the closest zoning district that allows Residential Uses.
(f) Controls. Notwithstanding any other provision of this Code, no conditional use
authorization shall be required for a 100% Affordable Housing Project and Educator Housing
Project, unless the voters adopted such conditional use requirement.
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(g) Authorization. Projects under this Section 206.9 shall be approved under the
provisions set forth in Section 315.
(h) Amendment by Board of Supervisors. The Board of Supervisors by not less than
two-thirds vote of all its members may by ordinance amend any part of this Section 206.9 if
the amendment furthers the purpose of this Section.
Section 3. Purpose Finding.
The Board of Supervisors finds that the amendments of Planning Code Section 206.9
contained in this ordinance further the purpose of that Section.
Section 4. Effective and Operative Dates.
(a)
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.
(b)
This ordinance shall become operative on the later of its effective date or the
effective date of Proposition Eon the November 5, 2019 Consolidated Municipal Election
ballot. If Proposition E does not pass, this ordinance shall be null and void.
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 (as proposed by Proposition Eon the November 5, 2019 Consolidated Municipal
Election ballot) that are explicitly shown in this ordinance as additions, deletions, Board
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amendment additions, and Board amendment deletions in accordance with the "Note" that
appears under the official title of the ordinance.
Section 5. Supermajority Vote Requirement. Under Planning Code Section 206.9(h), if
Proposition E on the November 5, 2019 Consolidated Municipal Election ballot is approved,
the City may enact this ordinance only if the Board approves the ordinance by at least a two-
thirds vote of all its members.
APPROVED AS TO FORM:
DENNIS. J. HERRERA, C~t)'\Attorney
.
.
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By:
n:\legana\as2019\2000029\01398081.docx
·~supervisors Fewer; Mar, Peskin, Haney, Safai, Walton , Ronen, Preston
BOARD OF SUPERVISORS
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City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
191016
Date Passed: December 17, 2019
Ordinance amending the Planning Code to require at least half of residential units in Educator
Housing projects to have two or more bedrooms, to eliminate the requirement that Educator Housing
projects have a minimum amount of three-bedroom units, conditioned on the passage of Proposition
E in the November 5, 2019, Municipal Consolidated Election; 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.
December 09, 2019 Land Use and Transportation Committee - RECOMMENDED AS
COMMITTEE REPORT
December 10, 2019 Board of Supervisors - DUPLICATED
December 10, 2019 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
December 17, 2019 Board of Supervisors - FINALLY PASSED
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
File No. 191016
London N. Breed
Mayor
City and County of San Francisco
Pagel
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
12/17/2019 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 11:13 am on 12118119
References
amendsSec. 206.10
amendsSec. 206.9
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0289-19.pdfFetched: 7/4/2026