AMENDED IN COMMITTEE
FILE NO. 160281
4/17/2017
ORDINANCE NO. 98-17
[Planning Code - Dwelling Unit Mix Requirements]
Ordinance amending the Planning Code to add an additional option for the dwelling
unit mix of large buildings in specified zoning districts to allow developers to have a
mix of two- and three-bedroom units that results in at least 50 no less than 35% peroent
of the total number of proposed units bedrooms being in units that have more than one
bedroom having two or three bedrooms with at least 10% of the total number of
proposed units having three bedrooms; affirming the Planning Department's
determination under the California Environmental Quality Act; and making findings of
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consistency with the General Plan, 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 italics Times }lew 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)
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. 160281 and is incorporated herein by reference. The Board affirms
this determination.
Supervisors Yee; Farrell, Fewer
BOARD OF SUPERVISORS
Page 1
(b)
On June 16, 2016, the Planning Commission, in Resolution No.19667, 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. 160281, and is incorporated herein by reference.
(c)
Pursuant to Planning Code Section 302, this Board of Supervisors finds that
these Planning Code amendments will serve the public necessity, convenience, and welfare
for the reasons set forth in Planning Commission Resolution No. 19667 and the Board hereby
incorporates such reasons herein by reference.
Section 2. The Planning Code is hereby amended by revising Sections 207.6 and 329,
to read as follows:
SEC. 207.6. REQUIRED MINIMUM DWELLING UNIT MIX IN RTO, RCD, NCT, DTR, AND
EASTERN NEIGHBORHOODS MIXED USE DISTRICTS ..
(a)
Purpose. In order to foster flexible and creative infill development while
-~
maintaining the character of the district, dwelling unit density is not controlled by lot area in
RTO, NCT, and Eastern Neighborhoods Mixed Use Districts but rather by the physical
constraints of this Code (such as height, bulk, setbacks, open space, and dwelling unit
exposure). However, to ensure an adequate supply of family-sized units in existing and new
housing stock, new residential construction must include a minimum percentage of units of at
least two .J bedrooms.
* * * *
(c)
Controls.
(1)
For the RTO, Hayes Gough NCT, Upper Market Street NCT, and NCT 3
districts, no less than 40 percent of the total number of d•.velling units on site shall contain at
Supervisors Yee; Farrell, Fewer
BOARD OF SUPERVISORS
Page 2
least hvo bedrooms. Any fraction resulting from this calculation shall be rounded to the
nearest '.vhole number of d\Nelling units. VVhile existing d\.velling units in buildings 'Nhich do not
comply '.vith this Subsection need not be expanded to meet this requirement, all new dv.telling
units shall provide at least hvo bedrooms
1.vhen less than 40 percent of the total number of
dwelling units contain less than two bedrooms.
(2:)
For all o#lef RTO, RCD and NCT districts, as well as DTR and Eastern
Neighborhoods Mixed Use Districts, one of the following fl+'e three must apply;
(A 1) no less than 40~
of the total number of proposed dDwelling
uUnits shall contain at least two bedrooms. Any fraction resulting from this calculation shall be
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rounded to the nearest whole number of El-Dwelling HU nits, or
(S ~) no less than 30% percent of the total number of proposed dDwelling
uUnits shall contain at least three bedrooms. Any fraction resulting from this calculation shall
be rounded to the nearest whole number of El-Dwelling HUnits. or:-
(GJl no less than 35% of the total number of proposed Dwelling Units
shall contain at least two or three bedrooms with at least 10% of the total number of proposed
Dwelling Units containing three bedrooms. at least 50% of the bedrooms are in units that have
more than one bedroom. Any fraction resulting from this calculation shall be rounded to the
nearest whole number of dwelling units.
* * * *
(e)
Monitoring. The Department shall monitor projects that choose Option (8) or
(C) in subsection (c)(2) above and shall include that data in the annual Housing Inventory
starting in 2019.
SEC. 329. LARGE PROJECT AUTHORIZATION IN EASTERN NEIGHBORHOODS MIXED
USE DISTRICTS.
* * * *
Supervisors Yee; Farrell, Fewer
BOARD OF SUPERVISORS
Page 3
(d)
Exceptions. As a component of the review process under this Section 329,
projects may seek specific exceptions to the provisions of this Code as provided for below:
* * * *
(6)
Provision of the required minimum dwelling unit mix, as set forth in
Section 207.6. pursuant to the criteria o(Section 305(c);
* * * *
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
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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
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS
HERRERA, City Attorney
By:
r U!l)ITH A. BOYAJIAN
~Eiputy City Attorney
n:\legana\as2015\1600138\01186499.doc
Supervisor Yee
BOARD OF SUPERVISORS
Page
City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
160281
Date Passed: May 09, 2017
Ordinance amending the Planning Code to add an additional option for the dwelling unit mix of large
buildings in specified zoning districts to allow developers to have a mix of two- and three-bedroom
units that results in no less than 35% of the total number of proposed units having two or three
bedrooms with at least 10% of the total number of proposed units having three bedrooms; affirming
the Planning Department's determination under the California Environmental Quality Act; and
making findings of consistency with the General Plan, the eight priority policies of Planning Code,
Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code,
Section 302.
April 17, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
April 17, 2017 Land Use and Transportation Committee - CONTINUED AS AMENDED
April 24, 2017 Land Use and Transportation Committee - RECOMMENDED
May 02, 2017 Board of Supervisors - PASSED ON FIRST READING
Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy and
Tang
Excused: 1 - Yee
May 09, 2017 Board of Supervisors - FINALLY PASSED
City and County of San Francisco
Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy,
Tang and Yee
Pagel
Printed at 2:15 pm 0115110117
File No. 160281
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
5/9/2017 by the Board of Supervisors of the
City and County of San Francisco.
ate Approved
Printed at 2:15 pm 0115110117
