The terms used in this Article 12C have the meaning set forth below:
100% Affordable Housing Project: a building where 100% of the residential units (not including a manager’s unit) have (1) a maximum affordable purchase price or affordable rent set at 120% of the unadjusted area median family income as determined by the Mayor’s Office of Housing and Community Development on an annual basis and derived from the HUD Metro Fair Market Rent Area that contains San Francisco; (2) a rent that does not exceed 30% of the applicable household income limit for a rental unit, or a purchase price with an annual housing cost that does not exceed 33% of the applicable income limit for an owner-occupied unit, as may be adjusted for household size and bedroom count; and (3) a recorded regulatory agreement, consistent with any applicable federal, state, or City government regulatory requirements, to assure that the residential units are sold or rented in accordance with the above criteria for the life of the project or a minimum of 55 years, whichever is shorter.
100% Permanent Supportive Housing Project: a new building where 100% of the residential units (not including a manager’s unit) are (1) owned by a nonprofit charitable organization or qualified related legal entity, (2) used for permanent supportive housing to formerly homeless households subject to a recorded declaration of restriction, and (3) funded through a subsidy agreement with the Department of Homelessness and Supportive Housing.
Alternate Water Source: a source of Non-potable water that includes Graywater, on-site treated Non-potable water, Rainwater, Stormwater, Foundation Drainage, Blackwater, and any other source approved by the Director.
Alternate Water Source System: The system of facilities necessary for providing Non-potable Water for use in a Development Project, including but not limited to all collection, treatment, storage, and distribution facilities. Non-potable Water System shall have the same meaning.
Blackwater: wastewater containing bodily or other biological wastes, as from toilets, dishwashers, kitchen sinks, and utility sinks.
City: the City and County of San Francisco.
Commercial Building: a building with a commercial use as defined in Planning Code Section 102, amended from time to time.
Condensate: water vapor collected from air conditioning systems.
Development Project: Construction of a new building or buildings. Development Projects are Large Development Projects and Small Development Projects. Development Project does not include rehabilitation of buildings constructed prior to August 1, 2015. Development Project does not include (1) any 100% Affordable Housing Project, 100% Permanent Supportive Housing Project, or housing project funded or constructed pursuant to the HOPE SF Program sponsored and developed by the San Francisco Housing Authority and either the Mayor’s Office of Housing and Community Development or the Office of Community Investment and Infrastructure; (2) Hospital Buildings, Health Service Buildings, and Institutional Healthcare Use Buildings; (3) Industrial Use Buildings; (4) Production, Distribution, and Repair Use Buildings; (5) construction of a new building that will receive water service from the San Francisco Public Utilities Commission through no larger than a 5/8" domestic water meter or a 5/8" recycled water domestic meter, as determined in accordance with the San Francisco Public Utilities Commission’s rules for water service; (6) for District projects located within the boundaries of the Reclaimed Water Use Map, construction of new buildings subject to a disposition and development agreement or similar contractual agreement approved before November 1, 2015, that includes in its applicable infrastructure plan the construction and operations of water treatment facilities within the project boundaries that would provide recycled water to the project; (7) for District projects located within the boundaries of the Reclaimed Water Use Map, construction of new buildings subject to a development agreement or similar contractual agreement, within a development phase or subphase, a street improvement plan, or a tentative map or vesting tentative map approved before November 1, 2015; or (8) for District projects located outside the boundaries of the Reclaimed Water Use Map, construction of new buildings subject to a development agreement or similar contractual agreement, within a development phase or subphase, a street improvement plan, or a tentative map or vesting tentative map approved before November 1, 2017.
Director: the Director of Health or any individual designated by the Director to act on the Director’s behalf.
District Development Project: a Large Development Project consisting of two or more buildings.
District System: An Alternate Water Source System serving a District Development Project.
First Certificate of Occupancy: either a temporary certificate of occupancy or a Certificate of Final Completion and Occupancy as defined in San Francisco Building Code Section 109A, whichever is issued first.
Foundation Drainage: nuisance groundwater that is extracted to maintain a building's or facility's structural integrity and would otherwise be discharged to the City's sewer system. Foundation Drainage does not include non-potable groundwater extracted for a beneficial use that is subject to City groundwater well regulations.
General Manager: the General Manager of the San Francisco Public Utilities Commission, or any individual designated by the General Manager to act on his or her behalf.
Graywater: untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom sinks, lavatories, clothes washing machines, and laundry tubs, but does not include wastewater from toilets, kitchen sinks, utility sinks, or dishwashers.
Gross Floor Area: The floor area of a Development Project as defined in Planning Code Section 102, as amended from time to time.
Health Service Building: A building with a health service use as defined in Planning Code Section 102, as amended from time to time.
Hospital Building: A building with a hospital use as defined in Planning Code Section 102, as amended from time to time.
Industrial Use Building: A building with an industrial use as defined in Planning Code Section 102, as amended from time to time.
Institutional Healthcare Use Building: A building with an institutional healthcare Use as defined in Planning Code Section 102, as amended from time to time.
Large Development Project:
(a) Prior to January 1, 2022, a Large Development Project is the construction of a single building, or construction of multiple buildings on one or more parcels in accordance with a phased plan or approval, with a total Gross Floor Area for the single building or the multiple buildings of 250,000 square feet or more:
(b) On or after January 1, 2022, a Large Development Project is the construction of a single building, or construction of multiple buildings on one or more parcels in accordance with a phased plan or approval, with a total Gross Floor Area for the single building or the multiple buildings of 100,000 square feet or more.
(c) Large Development Projects include, to the extent allowed by law, buildings constructed and operated by any local, state, or federal government entity, including the City.
Large Development Project Applicant: The person or entity applying for authorization to construct and operate a Large Development Project.
Mixed-Use Residential Building: A building with both a residential use and a commercial use as defined in Planning Code Section 102.
Multi-Family Residential Building: A building that contains three or more dwelling units.
Non-potable Water: water collected from Alternate Water Sources.
Non-potable Water Engineering Report: Report submitted by the Project Applicant to the Director describing the Alternate Water Source System in accordance with the rules and regulations adopted by the Department of Health.
Nonpotable Water System: The same meaning as Alternate Water Source System.
Non-Residential Building: A building with a non-residential use as defined in Planning Code Section 102.
Permittee: The Project Applicant, or any subsequent owner, assignee, successor in interest or any other transferee subject to this Article 12C, including, but not limited to, operations and maintenance of an Alternative Water Source System. Permittee includes, but is not limited to, the owner of the common areas within a District Development Project and any homeowners association or similar entity that maintains the common areas within a District Development Project. Permittee does not include the Project Applicant, subsequent owners, assignees, successors in interests, transferees, owners of a common area, homeowners associations, or any other person or entity associated with a Development Project serviced by an Alternative District System dedicated to the City in accordance with Section 12C.4(h) of this Article 12C.
Production, Distribution, Repair Use Building: A building with production, distribution, repair Use as defined in Planning Code Section 102.
Project Applicant: the person or entity applying for authorization to install and use an Alternate Water Source System.
Rainwater: precipitation collected from roof surfaces or other manmade, aboveground collection surfaces.
Small Development Project:
(a) Prior to January 1, 2022, a Small Development Project is the construction of a single building, or construction of multiple buildings on one or more parcels in accordance with a phased plan or approval, with a total Gross Floor Area for the single building or the multiple buildings of 40,000 square feet or more, but less than 250,000 square feet.
(b) On or after January 1, 2022, a Small Development Project is the construction of a single building, or construction of multiple buildings on one or more parcels in accordance with a phased plan or approval, with a total Gross Floor Area for the single building or the multiple buildings of 40,000 square feet or more, but less than 100,000 square feet.
(c) Small Development Projects include, to the extent allowed by law, buildings constructed and operated by any local, state, or federal government entity, including the City.
Small Development Project Applicant: The person or entity applying for authorization to construct and operate a Small Development Project.
Small Residential Building: A building that contains no more than two dwelling units.
Stormwater: Precipitation collected from at-grade or below-grade surfaces.
Water Budget: The calculation of the potential volume of onsite Alternate Water Source supplies and demands of a Development Project and any other building subject to this Article 12C.
Water Budget Calculator: The water use calculation tool approved by the General Manager that provides for the assessment of a proposed onsite water system, Alternate Water Sources, and the end uses of the Alternate Water Source.
Water Budget Documentation: An in- depth assessment of the Project Applicant’s non-potable water use, including survey information, water meter readings, water service billing information, Alternate Water Source schematic drawings, or any other information deemed necessary by the General Manager. For proposed District Systems, Water Budget Documentation shall include implementation information that, at a minimum, shall address potential infrastructure and public right of way conflicts, demonstrate compliance with all applicable requirements, and establish the capabilities of the Development Project Applicant to effectively operate the District System.
(Added as Sec. 851 by Ord. 195-12, File No. 120717, App. 9/17/2012, Eff. 10/17/2012; amended by Ord. 208-13
, File No. 130765, App. 10/11/2013, Eff. 11/10/2013; redesignated and amended by Ord. 109-15
, File No. 150350, App. 7/2/2015, Eff. 8/1/2015; amended by Ord. 246-16, File No. 161069, App. 12/16/2016, Eff. 1/15/2017; Ord. 155-21, File No. 210536, App. 10/8/2021, Eff. 11/8/2021)