Code Section: 419.5(a)(2)
Subject: Land dedication for affordable housing
Effective Date: 11/11 (Revised 1/14)
Interpretation:
Total Developable Area
The intent of this Section is to provide alternative means of meeting affordable housing requirements in the UMU and Mission NCT Zoning Districts. The Section states that "Applicants may dedicate a portion of the total developable area of the principal site to the City and County of San Francisco for the purpose of constructing units affordable to qualifying households." The terms "total developable area" and "total developable site area" were added to the Code as part of the Eastern Neighborhoods Area Plan (Ordinance No. 298-08, effective January 19, 2009). Both of these terms were added as part of what were Sections 319.1 to 319.5, which focused on "Housing Requirements for Residential Development Projects in the UMU Zoning Districts of the Eastern Neighborhoods and the Land Dedication Alternative in the Mission NCT District" and were subsequently moved to Sections 401 and 419.1 to 419.6 (Ordinance 108-10). The term "total developable site area" was added as a definition for terms relevant to Sections 319.1 to 319.5 (as 319.2(a), now 401(a)(121)), and the term "total developable area" was utilized as a technical term in the Land Dedication Alternative subsection of these controls (in 319.4(b)(2), now 419.5(a)(2)). The terms in the Definition section are meant to explain the terms used subsequently within the affiliated Sections, were introduced at the same time, and are not utilized elsewhere in the Planning Code; therefore, it can be considered that the term "total developable area" utilized in the Land Dedication Alternative contained in Section 419.5(a)(2) refers to the definition of "total developable site area" set forth in Section 401(a)(121).
Regarding which areas would be excluded from the calculation of total developable site area, Planning Code Section 401(a)(121) defines "total developable site area" as "that part of the site that can be feasibly developed as residential development, excluding land already substantially developed, parks, required open spaces, streets, alleys, walkways or other public infrastructure." For purposes of this definition, the term "required" refers to all of the subsequent uses (i.e., open spaces, streets, alleys, walkways, or other public infrastructure). For purposes of this definition, the term "required" also refers to those uses required by the Code or imposed by the Planning Department or Commission as a condition of approval. As such those uses required by Sections 135 (open space), 270.2 (mid-block open space), and other similar sections may be excluded from total developable site area. However, provision of such uses beyond what is required may not be excluded from total developable site area. In addition, any project seeking to utilize the land dedication alternative must presume that the same requirements applied to the land proposed to be maintained by the applicant will apply to the land proposed to be dedicated to the City. The results of this calculation must be reflected in the determination of both the total developable site area, as well as the developable site area of both the land proposed to be maintained by the applicant and proposed land dedication site, as thereby help determine how the applicant is meeting the requirements of Table 419A.4.
Location of Dedicated Land
Section 419.5(a)(2) allows an applicant to dedicate "a portion of the total developable area of the principal site to the City and County of San Francisco for the purpose of constructing units affordable to qualifying households." However, the language is unclear as to whether the dedicated land must be a portion of the principle development site, or if it may be a separate property located within a 1-mile radius of the principle development site as described in Subsection (a)(2)(B). It is the intent of this provision to allow the dedicated land to be located within a 1-mile radius of the principle development site as described in Subsection (a)(2)(B).