Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program
Ord. No. 0137-20
in effectSUBSTITUTED
FILE NO. 191249
2/25/2020
ORDINA1\JCE NO.
[Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program]
Ordinance amending the Planning Code to require that in Educator Housing projects at
least 10% of residential units have three or more bedrooms; affirming the Planning
Department's determination under the California Environmental Quality Act; making
findings that the Ordinance furthers the purpose of Planning Code, Section 206.9;
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 and uncodified text, are in plain Arial font.
Additions to Code text are in single-underline italics Times New Roman font.
Deletions to Code text are in strikethrough italics Times ]'k-w Roman 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 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. 191016 and is incorporated herein by reference. The Board affirms
this determination.
(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
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137-20
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
the Board of Supervisors in File No. 191016.
(d) The Board of Supervisors finds that the amendments of Planning Code Section
206.9 contained in this ordinance further the purpose of that Section because it facilitates the
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construction of units of a size appropriate for families by requiring a certain number of units in
Educator Housing Projects to include 3 bedroom units.
Section 2. Article 2 of the Planning Code is hereby amended by revising Section 206.9
to read as follows:
SECTION 206.9. 100% AFFORDABLE HOUSING AND EDUCATOR HOUSING
STREAMLINING PROGRAM.
* * * * *
(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.
(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)
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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
6.
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
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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
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
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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.
(B) Any units in an Educator Housing Project with a rental rate set
above 120% of Area Median Income shall have a minimum occupancy of two persons.
(C) Notwithstanding any other provision of this Code, an Educator
Housing Project with a Development Application filed after January 14, 2020, shall include a
minimum of 50% of the total units as 2-bedroom units or larger, with a niinimum ofl 0% 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.
* * * *
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.
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
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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)
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, City Attorney
By:
AUDREY WIL41AMS PEARSON
Deputy City Attorney
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Tails
City and County of San Francisco
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Ordinance
Ordinance amending the Planning Code to require that in Educator Housing projects at least 10% of
residential units have three or more bedrooms; affirming the Planning Department’s determination
under the California Environmental Quality Act; making findings that the Ordinance furthers the
purpose of Planning Code, Section 206.9; 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.
File Number:
August 18, 2020
Date Passed:
191249
December 10, 2019 Board of Supervisors - RE-REFERRED
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
August 10, 2020 Land Use and Transportation Committee - RECOMMENDED AS
COMMITTEE REPORT
August 11, 2020 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
August 18, 2020 Board of Supervisors - FINALLY PASSED
Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Stefani,
Walton and Yee
Excused: 1 - Safai
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City and County of San Francisco
Printed at 2:33 pm on 8/19/20
References
amendsSec. 206.10
amendsSec. 206.9
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0137-20.pdfFetched: 7/4/2026