You are viewing an archived code
(a) Purpose. This Section 206.3 sets forth the HOME-SF Program. The HOME-SF Program or “HOME-SF” provides benefits to project sponsors of housing projects that set aside residential units onsite at below market rate rent or sales price in an amount higher than the amount required by the Inclusionary Housing Ordinance. The purpose of HOME-SF is to expand the number of below market rate units produced in San Francisco and provide housing opportunities to a wider range of incomes than traditional affordable housing programs, such as the City’s Inclusionary Affordable Housing Program, Planning Code Sections 415et seq.,,1
which typically provide housing only for very low, low or moderate income households. The purpose of HOME-SF also is to provide an alternative method of complying with the on-site inclusionary option set forth in Section 415.6. HOME-SF allows market-rate projects to match the City’s shared Proposition K (November 2014) housing goals that 50% of new housing constructed or rehabilitated in the City by 2020 be within the reach of working middle class San Franciscans, and at least 33% affordable for low and moderate income households.
(2) is located in any zoning district that: (A) is not designated as an RH-1 or RH-2 Zoning District; and (B) establishes a maximum dwelling unit density through a ratio of number of units to lot area, including RH-3, RM, RC, C-2, Neighborhood Commercial, Named Neighborhood Commercial, and SoMa Mixed Use Districts; but only if the SoMa Mixed Use District has a density measured by a maximum number of dwelling units per square foot of lot area; (C) is not in the North of Market Residential Special Use District, Planning Code Section 249.5, until the Affordable Housing Incentive Study is completed at which time the Board will review whether the North of Market Residential Special Use District should continue to be excluded from this Program. The Study will explore opportunities to support and encourage the provision of housing at the low, moderate, and middle income range in neighborhoods where density controls have been eliminated. The goal of this analysis is to incentivize increased affordable housing production levels at deeper and wider ranges of AMI and larger unit sizes in these areas through 100% affordable housing development as well as below market rate units within market rate developments; (D) is not located within the boundaries of the Northeastern Waterfront Area Plan south of the centerline of Broadway; and (E) is not located on property under the jurisdiction of the Port of San Francisco;
(4) includes at least 135% of the Base Density as calculated under Planning Code Section 206.5;
(5) consists of new construction, and excluding any project that includes an addition to an existing structure;
(6) complies with the on-site Inclusionary Affordable Housing option set forth in Planning Code Section 415.6; provided however, that the percentage of affordable units and the required affordable sales price or affordable rents set forth in Section 415.6(a) shall be as provided in this Section 206.3;
(7) if any retail use is demolished or removed, does not include a Formula Retail use, as defined in Section 303.1, unless the retail use demolished or removed was also a Formula Retail Use, or was one of the following uses: Gas Stations, Private or Public Parking Lots, Financial Services, Fringe Financial Services, Self Storage, Motel, Automobile Sales or Rental, Automotive Wash, Mortuaries, Adult Business, Massage Establishment, Medical Cannabis Dispensary, and Tobacco Paraphernalia Establishment, as those uses are defined in Planning Code Section 102;
(8) if located north of the centerline of Post Street and east of the centerline of Van Ness Avenue, all otherwise eligible HOME-SF Projects shall only be permitted on:
(A) lots containing no existing buildings; or
(B) lots equal to or greater than 12,500 square feet where existing buildings are developed to less than 20% of the lot’s principally permitted buildable gross floor area as determined by height limits, rear yard requirements, and required setbacks; and
(9) if the City enacts an ordinance directing the Planning Department to study the creation of a possible area plan wholly or partially located in Supervisorial District 9, HOME-SF Projects shall not be permitted in any area in Supervisorial District 9 listed in the ordinance until such time as the City enacts the area plan.
(c) HOME-SF Project Eligibility Requirements. To receive the development bonuses granted under this Section 206.3, a HOME-SF Project must meet all of the following requirements:
(1) Except as limited in application by subsection (f): Provide 30% of units in the HOME-SF Project as HOME-SF Units, as defined herein. The HOME-SF Units shall be restricted for the Life of the Project and shall comply with all of the requirements of the Procedures Manual authorized in Section 415 except as otherwise provided herein. Twelve percent of HOME-SF Units that are Owned Units shall have an average affordable purchase price set at 80% of Area Median Income; 9% shall have an average affordable purchase price set at 105% of Area Median Income; and 9% shall have an average affordable purchase price set at 130% of Area Median Income. Twelve percent of HOME-SF Units that are rental units shall have an average affordable rent set at 55% of Area Median Income; 9% shall have an average affordable rent set at 80% of Area Median Income; and 9% shall have an average affordable rent set at 110% of Area Median Income. All HOME-SF Units must be marketed at a price that is at least 20% less than the current market rate for that unit size and neighborhood, and MOHCD shall reduce the Area Median Income levels set forth herein in order to maintain such pricing. As provided for in subsection (e), the Planning Department and MOHCD shall amend the Procedures Manual to provide policies and procedures for the implementation, including monitoring and enforcement, of the HOME-SF Units;
(2) Demonstrate to the satisfaction of the Environmental Review Officer that the HOME-SF Project does not:
(A) cause a substantial adverse change in the significance of an historic resource as defined by California Code of Regulations, Title 14, Section 15064.5;
(B) create new shadow in a manner that substantially affects outdoor recreation facilities or other public areas; and
(C) alter wind in a manner that substantially affects public areas;
(3) All HOME-SF units shall be no smaller than the minimum unit sizes set forth by the California Tax Credit Allocation Committee as of May 16, 2017. In addition, notwithstanding any other provision of this Code, HOME-SF projects shall provide a minimum dwelling unit mix of (A) at least 40% two and three bedroom units, including at least 10% three bedroom units, or (B) any unit mix which includes some three bedroom or larger units such that 50% of all bedrooms within the HOME-SF Project are provided in units with more than one bedroom. Larger units should be distributed on all floors, and prioritized in spaces adjacent to open spaces or play yards. Units with two or three bedrooms are encouraged to incorporate family friendly amenities. Family friendly amenities shall include, but are not limited to, bathtubs, dedicated cargo bicycle parking, dedicated stroller storage, open space and yards designed for use by children. HOME-SF Projects are not eligible to modify this requirement under Planning Code Section 328 or any other provision of this Code;
(4) Does not demolish, remove or convert any residential units; and
(d) Development Bonuses. Any HOME-SF Project shall, at the project sponsor’s request, receive any or all of the following:
(1) Form based density. Except as limited in application by subsection (f): Notwithstanding any zoning designation to the contrary, density of a HOME-SF Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, including any additional height allowed by subsection (d)(2), Bulk, Setbacks, Required Open Space, Exposure and unit mix as well as applicable design guidelines, elements, and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 328, as determined by the Planning Department.
(2) Height. Except as limited in application by subsection (f): Up to 20 additional feet above the height authorized for the HOME-SF Project under the Height Map of the Zoning Map. This additional height may only be used to provide up to two additional 10-foot stories to the project, or one additional story of no more than 10 feet in height. Building features exempted from height controls under Planning Code Section 260(b) shall be measured from the roof level of the highest story provided under this subsection (d)(2).
(3) Ground Floor Ceiling Height. Except as limited in application by subsection (f): In addition to the permitted height allowed under subsection (d)(2), HOME-SF Projects with active uses on the ground floor as defined in Section 145.1(b)(2) shall receive up to a maximum of five additional feet in height above the height limit, in addition to the additional 20 feet granted in subsection (d)(2). However, the additional five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20.
(4) Zoning Modifications. HOME-SF Projects may receive the following zoning modifications:
(A) Rear yard: The required rear yard per Section 134 or any applicable special use district may be reduced to no less than 20% of the lot depth, or 15 feet, whichever is greater. Corner properties may provide 20% of the lot area at the interior corner of the property to meet the minimum rear yard requirement, provided that each horizontal dimension of the open area 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.
(B) 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 25 feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor.
(D) Automobile Parking: Up to a 75% reduction in the residential and commercial parking requirements in Section 151 or any applicable special use district.
(E) Open Space: Up to a 5% reduction in common open space if provided under Section 135 or any applicable special use district.
(F) Additional Open Space: Up to an additional 5% reduction in common open space if provided under Section 135 or any applicable special use district, beyond the 5% provided in subsection (d)(4)(E).
(G) Inner Courts as Open Space: For an inner court to qualify as usable common open space, Section 135(g)(2) requires it to be at least 20 feet in every horizontal dimension, and for the height of the walls and projections above the court on at least three sides (or 75% of the perimeter, whichever is greater) to be no higher than one foot for each foot that such point is horizontally distant from the opposite side of the clear space in the court. HOME-SF Projects may instead provide an inner court that is at least 25 feet in 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.
(5) Priority Processing and Planning Commission approval. HOME-SF Projects shall be reviewed in coordination with relevant priority processing and shall be approved, denied, or approved subject to conditions by the Planning Commission under Section 328, within 180 days of submittal of a complete project application, unless the Environmental Review Officer determines that an environmental impact report is required for the project under Administrative Code section .
(e) Implementation.
(1) Application. An application to participate in the HOME-SF Program shall be submitted with the first application for approval of a Housing Project and processed concurrently with all other applications required for the Housing Project. The application shall be submitted on a form prescribed by the City and shall include at least the following information:
(A) A full plan set, including a site plan, elevations, sections, and floor plans, showing total number of units, number of and location of HOME-SF Units; and a draft Regulatory Agreement;
(B) The requested development bonuses and/or zoning modifications from those listed in subsection (d).
(C) A list of all on-site family friendly amenities. Family friendly amenities shall include, but are not limited to, dedicated cargo bicycle parking, dedicated stroller storage, open space and yards designed for use by children.
(D) Documentation that the applicant has provided written notification to all existing commercial or residential tenants that the applicant intends to develop the property pursuant to this section 206.3 and has provided any existing commercial tenants with a copy of the Office of Economic and Workforce Development’s Guide to Small Business Retention and Relocation Support. Any affected commercial tenants shall be given priority processing similar to the Department’s Community Business Priority Processing Program, as adopted by the Planning Commission on February 12, 2015, under Resolution Number 19323, to support relocation of such business in concert with access to relevant local business support programs.
(2) Procedures Manual. The Planning Department and MOHCD shall amend the Procedures Manual, authorized in Section 415, to include policies and procedures for the implementation, including monitoring and enforcement, of HOME-SF Units. As an amendment to the Procedures Manual, such policies and procedures are subject to review and approval by the Planning Commission under Section 415. Amendments to the Procedures Manual shall include a requirement that project sponsors in specified areas complete a market survey of the area before marketing HOME-SF Units.
(4) Controls. HOME-SF Projects shall be governed by the procedures and timelines in Section 328. A HOME-SF Project shall be exempt from any other discretionary approval process by the Planning Commission, including but not limited to a conditional use authorization, unless that conditional use authorization requirement or other discretionary approval process was adopted by the voters of San Francisco. If a HOME-SF Project would otherwise require a conditional use authorization due to the type of use or use size, or to provide parking in excess of what is principally permitted, then the Planning Commission shall make any findings or comply with any criteria required by such conditional use in its HOME-SF authorization under Section 328.
(5) Regulatory Agreements. Recipients of development bonuses under this Section 206.3 shall enter into a Regulatory Agreement with the City, as follows.
(A) The terms of the agreement shall be acceptable in form and content to the Planning Director, the Director of MOHCD, and the City Attorney. The Planning Director shall have the authority to execute such agreements.
(B) Following execution of the agreement by all parties, the completed Regulatory Agreement, or memorandum thereof, shall be recorded and the conditions filed and recorded on the Housing Project.
(C) The approval and recordation of the Regulatory Agreement shall take place prior to the issuance of the First Construction Document. The Regulatory Agreement shall be binding to all future owners and successors in interest.
(D) The Regulatory Agreement shall be consistent with the guidelines of the City’s Inclusionary Housing Program and shall include at a minimum the following:
(i) The total number of dwelling units approved for the Housing Project, including the number of HOME-SF Units or other restricted units;
(ii) A description of the household income group to be accommodated by the HOME-SF Units, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price. If required by the Procedures Manual, the project sponsor must commit to completing a market survey of the area before marketing HOME-SF Units;
(iii) The location, dwelling unit sizes (in square feet), and number of bedrooms of the HOME-SF Units;
(iv) Term of use restrictions for the life of the project;
(v) A schedule for completion and occupancy of HOME-SF Units;
(vi) A description of any Concession, Incentive, waiver, or modification, if any, being provided by the City;
(vii) A description of remedies for breach of the agreement (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement); and
(viii) Other provisions to ensure implementation and compliance with this Section.
(f) Temporary provisions. To facilitate the construction of HOME-SF projects, and based on information from the inclusionary housing study prepared for the Divisadero and Fillmore Neighborhood Commercial Transit District, in Board of Supervisors File No. 151258, and the Office of the Controller’s Inclusionary Housing Working Group final report (February 2016), the HOME-SF program shall include development incentives as specified in this subsection (f) based on the amount and level of affordability provided in this subsection (f)..2
For any development project that has submitted a complete Development Application prior to January 1, 2020, subsections (c)(1) and (d)(1), (d)(2), and (d)(3) shall not apply, and the provisions in this subsection (f) shall apply. For any development project that submits a complete Development Application on or after January 1, 2020, this subsection (f) shall apply until such time as it may be amended based on the Triennial Economic Feasibility Analysis established in Section 415.10.
(1) HOME-SF Project Eligibility Requirements. To receive the development bonuses granted under this Section 206.3, a HOME-SF Project must provide a percentage of units, in the amounts set forth in section 206.3(f)(2)(A), (B), or (C), as HOME-SF Units, as defined in Section 206.2. The HOME-SF Units shall be restricted for the Life of the Project and shall comply with all of the requirements of the Procedures Manual authorized in Section 415 except as otherwise provided in this Section 206.3. All HOME-SF Units must be marketed at a price that is at least 20% less than the current market rate for that unit size and neighborhood, and MOHCD shall reduce the Area Median Income levels set forth in this Section 206.3 in order to maintain such pricing. As provided for in subsection (e), the Planning Department and MOHCD shall amend the Procedures Manual to provide policies and procedures for the implementation, including monitoring and enforcement, of the HOME-SF Units;
(2) Development Bonuses. Any HOME-SF Project shall at the project sponsor’s request receive the following:
(A) Tier One: A Tier One HOME-SF Project that consists of fewer than 25 units and are Owned Units shall provide 20% of units in the HOME-SF Project as HOME-SF Units at the following levels: ten percent shall have an average affordable purchase price set at 80% of Area Median Income; 5% shall have an average affordable purchase price set at 105% of Area Median Income; and 5% shall have an average affordable purchase price set at 130% of Area Median Income. A Tier One HOME-SF Project that consists of fewer than 25 units and are rental units shall provide 20% of units in the HOME-SF Project as HOME-SF Units at the following levels: ten percent shall have an average affordable rent set at 55% of Area Median Income; 5% shall have an average affordable rent set at 80% of Area Median Income; and 5% shall have an average affordable rent set at 110% of Area Median Income. A Tier One HOME-SF Project that consists of 25 or more units and are Owned Units shall provide 23% of units in the HOME-SF Project as HOME-SF Units at the following levels: ten percent shall have an average affordable purchase price set at 80% of Area Median Income; 8% shall have an average affordable purchase price set at 105% of Area Median Income; and 5% shall have an average affordable purchase price set at 130% of Area Median Income. A Tier One HOME-SF Project that consists of 25 or more units and are Rental Units shall provide 23% of units in the HOME-SF Project as HOME-SF Units at the following levels: ten percent shall have an average affordable rent set at 55% of Area Median Income; 8% shall have an average affordable rent set at 80% of Area Median Income; and 5% shall have an average affordable rent set at 110% of Area Median Income.
(i) Form based density. Notwithstanding any zoning designation to the contrary, density of a Tier One HOME-SF Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, Bulk, Setbacks, Required Open Space, Exposure, and unit mix as well as applicable design guidelines, elements and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 328, as determined by the Planning Department.
(ii) Ground Floor Ceiling Height. Tier One HOME-SF Projects with active uses on the ground floor as defined in Section 145.1(b)(2) shall receive up to a maximum of five additional feet in height above the height limit. However, the additional five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20.
(B) Tier Two: A Tier Two HOME-SF Project shall provide 25% of units in the HOME-SF Project as HOME-SF Units. Ten percent of Tier Two HOME-SF Units that are Owned Units shall have an average affordable purchase price set at 80% of Area Median Income; 8% shall have an average affordable purchase price set at 105% of Area Median Income; and 7% shall have an average affordable purchase price set at 130% of Area Median Income. Ten percent of HOME-SF Units that are rental units shall have an average affordable rent set at 55% of Area Median Income; 8% shall have an average affordable rent set at 80% of Area Median Income; and 7% shall have an average affordable rent set at 110% of Area Median Income.
(i) Form based density. Notwithstanding any zoning designation to the contrary, density of a Tier Two HOME-SF Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, including any additional height allowed by subsections (f)(2)(B)(ii) and (iii), Bulk, Setbacks, Required Open Space, Exposure, and unit mix as well as applicable design guidelines, elements, and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 328, as determined by the Planning Department.
(ii) Height. Up to 10 additional feet above the height authorized for the Tier Two HOME-SF Project under the Height Map of the Zoning Map. This additional height may only be used to provide up to one additional story of no more than 10 feet in height. Building features exempted from height controls under Planning Code Section 260(b) shall be measured from the roof level of the highest story provided under this subsection (f)(2)(B)(ii).
(iii) Ground Floor Ceiling Height. In addition to the permitted height allowed under subsection (f)(2)(B)(ii), Tier Two HOME-SF Projects with active uses on the ground floor as defined in Section 145.1(b)(2) shall receive up to a maximum of five additional feet in height above the height limit. However, the additional five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20.
(C) Tier Three: A Tier Three HOME-SF Project shall provide 30% of units in the HOME-SF Project as HOME-SF Units. Ten percent of Tier Three HOME-SF Units that are Owned Units shall have an average affordable purchase price set at 80% of Area Median Income; 10% shall have an average affordable purchase price set at 105% of Area Median Income; and 10% shall have an average affordable purchase price set at 130% of Area Median Income. Ten percent of Tier Three HOME-SF Units that are rental units shall have an average affordable rent set at 55% of Area Median Income; 10% shall have an average affordable rent set at 80% of Area Median Income; and 10% shall have an average affordable rent set at 110% of Area Median Income.
(i) Form based density. Notwithstanding any zoning designation to the contrary, density of a Tier Three HOME-SF Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, including any additional height allowed by subsections (f)(2)(C)(ii) and (iii), Bulk, Setbacks, Required Open Space, Exposure, and unit mix as well as applicable design guidelines, elements, and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 328, as determined by the Planning Department.
(ii) Height. Up to 20 additional feet above the height authorized for the Tier Three HOME-SF Project under the Height Map of the Zoning Map. This additional height may only be used to provide up to two additional 10-foot stories to the project, or one additional story of no more than 10 feet in height. Building features exempted from height controls under Planning Code Section 260(b) shall be measured from the roof level of the highest story provided under this section.
(iii) Ground Floor Ceiling Height. In addition to the permitted height allowed under subsection (f)(2)(C)(ii), Tier Three HOME-SF Projects with active uses on the ground floor as defined in Section 145.1(b)(2) shall receive up to a maximum of five additional feet in height above the height limit. However, the additional five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20.
(Former Sec. 206.3 added by Ord. 443-78, App. 10/6/78; amended by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; redesignated as Sec. 209.3and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Divisions (a), (b)(2), (b)(3) amended; former division (b)(5) deleted; former divisions (b)(6)-(10) redesignated as (b)(5)-(9); divisions (b)(8)(B), (c), (c)(1), (c)(3)-(5), (d)(1)-(4), (d)(4)(F)-(G), (e)(1)(A), (e)(1)(D), (e)(4), and (e)(5)(D)(iv) amended; divisions (d)(5) and (f)-(f)(2)(C)(iii) added; Ord. 198-18, Eff. 9/10/2018. Divisions (c), (c)(3), and (c)(5) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (e)(4), (e)(5)(D)(iv), and (f) amended; Ord. 15-19, Eff. 3/11/2019.
CODIFICATION NOTES
1. So in Ord. 198-18.