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In addition to any other factors appropriate for consideration under the Planning Code, the Planning Department and Planning Commission shall consider the compatibility of uses when approving Residential Uses, Hotel Uses, or Motel Uses, as those terms are defined in Chapter 116 of the Administrative Code, adjacent to or near existing permitted Places of Entertainment and shall take all reasonably available means through the City’s design review and approval processes to ensure that the design of such new residential, hotel, or motel project takes into account the needs and interests of both the Places of Entertainment and the future residents or guests of the new development. Such considerations may include, among others:
(a) the proposed project's consistency with applicable design guidelines;
(b) any proceedings held by the Entertainment Commission relating to the proposed project, including but not limited to any acoustical data provided to the Entertainment Commission, pursuant to Administrative Code Section 116.6; and
(c) any comments and recommendations provided to the Planning Department by the Entertainment Commission regarding noise issues related to the project pursuant to Administrative Code Section 116.7.
(Former Sec. 314 added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
AMENDMENT HISTORY
Introductory paragraph and division (b) amended; Ord. 47-17, Eff. 4/9/2017.
[CHILD-CARE REQUIREMENTS FOR OFFICE AND HOTEL DEVELOPMENT PROJECTS]
Editor's Note:
Material relating to Child-care Requirements for Office and Hotel Development Projects, formerly codified at Secs. 314 et seq., was substantially amended and redesignated as Secs. 414 et seq. by Ord. 108-10, File No. 091275, App. 5/25/2010.
Material relating to Child-care Requirements for Office and Hotel Development Projects, formerly codified at Secs. 314 et seq., was substantially amended and redesignated as Secs. 414 et seq. by Ord. 108-10, File No. 091275, App. 5/25/2010.
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; Ord. 22-00, File No. 991877, App. 2/18/2000; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 414.2 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414.1 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414.3 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; Ord. 409-87, App. 10/9/87; Ord. 263-98, App. 8/21/98; Ord. 76-03, File No. 020592, App. 5/2/2003; redesignated as Sec. 414.14 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 411-85, App. 9/6/85; amended by Ord. 441-86, App. 11/13/86; redesignated as Sec. 414.15 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(See Interpretations related to this Section.)
(a) Purpose. The purpose of this Section 315 is to ensure that any project where the principal use is affordable housing, defined in subsection (b) as an Affordable Housing Project, is reviewed in coordination with relevant priority processing and design guidelines.
(b) Applicability. Notwithstanding anything to the contrary contained in this Planning Code, this Section 315 shall apply to any project where the principal use is housing comprised solely of housing that is restricted for a minimum of 55 years or the Life of the Project, whichever is longer and consistent with any applicable tax credit regulatory requirements, as affordable for “persons and families of low or moderate income,” as defined in California Health & Safety Code Section 50093 (an “Affordable Housing Project”). The Affordable Housing Project shall be considered a principally permitted use and shall comply with the administrative review procedures set forth in this Section and shall not require conditional use authorization or a Planning Commission hearing that otherwise may be required by the Planning Code, provided that the site is not under the jurisdiction of the Recreation and Park Department, is not located in a zoning district that prohibits residential uses.
(1) If a conditional use authorization or other Planning Commission approval is required for provision of parking, where the amount of parking provided exceeds the base amount permitted as accessory in Planning Code Article 1.5, such requirement shall apply.
(2) If an Affordable Housing Project proposes demolition or change in use of a general grocery store or movie theatre, this Section shall not apply.
(3) If a non-residential use contained in any proposed project would require conditional use authorization, such requirement shall apply unless the non-residential use is accessory to and supportive of the affordable housing on-site.
(c) Review Process.
(1) In lieu of any otherwise required Planning Commission authorization and associated hearing, the Planning Department shall administratively review and evaluate the physical aspects of an Affordable Housing Project and review such projects in coordination with relevant priority processing and expedited design guidelines. The review of an Affordable Housing Project shall be conducted as part of, and incorporated into, a related building permit application or other required project authorizations, and no additional application fee shall be required. An Affordable Housing Project may seek exceptions to Planning Code requirements that are available through the Planning Code. This includes, but is not limited to, those exceptions permitted through Sections 253, 303, 304, 309, and 329. The Planning Department may grant such exceptions if it makes the findings as required in subsection (c)(2). An Affordable Housing Project may seek exceptions from other Code requirements that could otherwise be granted to a Planned Unit Development as set forth in Section 304, irrespective of the zoning district in which the property is located and irrespective of lot size requirements set forth in Section 304, and provided further that conditional use authorization shall not be required.
(2) This administrative review shall be identical in purpose and intent to any Planning Commission review that would otherwise be required by the Planning Code, including but not limited to Sections 253, 303, 304, 309
or 329, but shall not be considered a conditional use authorization. If an Affordable Housing Project would otherwise be subject to such Planning Code provisions, the Planning Department shall consider all the criteria set forth in such Planning Code sections and shall make all required findings in writing when it approves, modifies, conditions, or disapproves an Affordable Housing Project. If the project is seeking exceptions solely as provided in this Section 315, the Department shall only make those required findings set forth in Section 303(c) of this Code.
(3) Decision and Imposition of Conditions. The Planning Department, after making appropriate findings, may approve, disapprove or approve subject to conditions the Affordable Housing Project and any associated requests for exceptions as part of a related building permit application or other required project authorizations. As part of its review and decision, the Planning Department may impose additional conditions, requirements, modifications, and limitations on a proposed Affordable Housing Project in order to achieve the objectives, policies, and intent of the General Plan or the Planning Code. Such determination shall be made in writing and mailed to the project sponsor and individuals or organizations who so request.
(4) Change of Conditions. Once a project is approved, authorization of a change in any condition previously imposed by the Planning Department shall require approval by the Planning Director subject to the procedures set forth in this Section 315.
(5) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an Affordable Housing Project, the Planning Commission shall not hold a public hearing for discretionary review of an Affordable Housing Project that is subject to this Section 315.
(6) Review under this subsection (c) shall be completed as follows:
(A) Within 90 day1
of submittal of a complete development application if the project contains 150 or fewer Residential Units.
(B) Within 180 days of submittal of a complete development application if the project contains more than 150 Residential Units.
(d) Appeals. The Planning Department’s administrative determination regarding an Affordable Housing Project pursuant to this Section 315 shall be considered part of a related building permit. Any appeal of such determination shall be made through the associated building permit.
(e) Streamlined Provisions for Educator Housing Projects. The purpose of this Section 315(e) is to facilitate the construction of Educator Housing Projects, as defined in Section 206.9, and to evaluate the efficacy of streamlined approval for such projects.
(2) The Planning Department may approve up to a total of 500 units of Educator Housing under this Section, after which the Planning Department shall submit a report to the Board of Supervisors that evaluates the efficacy of streamlined approval for Educator Housing as it relates to City policies and goals including, but not limited to Proposition K (November 2014), the Housing Element of the San Francisco General Plan, and the Surplus Land Ordinance, and reviews whether to increase the numerical cap on the number of Educator Housing Project units or otherwise amend the modifications and requirements in Section 206.9. The report shall include, but shall not be limited to, the following information:
(A) Financing details of Educator Housing Projects, including the amount of public subsidy, if any;
(B) Tenant recruitment and leasing outreach plans for non-residential neighborhood-serving uses;
(C) Eligibility and placement plans for Educator Housing Projects constructed in partnership with the San Francisco Unified School District or the San Francisco City College District;
(D) The number of educators/employees who have applied for housing in an Educator Housing Project;
(E) Area Median Incomes for Educator Housing Projects; and
(F) Plans for monitoring and verifying eligibility on an annual basis.
(Added by Ord. 7-16
, File No. 150914, App. 2/10/2016, Eff. 3/11/2016; amended by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; Proposition E, 11/5/2019, Eff. 12/20/2019)
(Former Sec. 315 added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
AMENDMENT HISTORY
Divisions (c)(1)-(3) and (c)(5) amended; division (d) added; Ord. 179-18, Eff. 8/27/2018. Section heading amended; divisions (b) and (c)(1) amended; divisions (c)(6)-(c)(6)(B) and (e)-(e)(2)(F) added; Proposition E, Eff. 12/20/2019.
CODIFICATION NOTE
(a) Purpose. The purpose of this Section 315.1 is to ensure that all 100 Percent Affordable Housing Bonus projects pursuant to Planning Code Section 206.4 are reviewed in coordination with Priority Processing available for certain projects with 100% affordable housing. While most projects in the 100 Percent Affordable Housing Bonus Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Director and Department shall review each project for consistency with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines, as adopted and periodically amended by the Planning Commission, so that projects respond to their surrounding context, while still meeting the City’s affordable housing goals.
(c) Design Review. The Planning Department shall review and evaluate all physical aspects of a 100 Percent Affordable Housing Bonus Project as follows.
(1) The Planning Director may, consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines, make minor modifications to a project to reduce the impacts of a 100 Percent Affordable Housing Bonus Project on surrounding buildings. The Planning Director may also apply the standards of Section 261.1 to bonus floors for all projects on narrow streets and alleys in order to ensure that these streets do not become overshadowed, including potential upper story setbacks, and special consideration for the southern side of East-West streets, and Mid-block passages, as long as such setbacks do not result in a smaller number of residential units.
(2) As set forth in subsection (d), the Planning Director may also grant minor exceptions to the provisions of this Code. However, such exceptions should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206.4. All modifications and exceptions should be consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines. In case of a conflict with other applicable design guidelines, the Affordable Housing Bonus Program Design Guidelines shall prevail.
(3) The Planning Director may require these or other modifications or conditions in order to achieve the objectives and policies of the Affordable Housing Bonus Program or the purposes of this Code. This review shall be limited to design issues including the following;
(A) whether the bulk and massing of the building is consistent with the Affordable Housing Bonus Design Guidelines.
(B) whether building design elements including, but not limited to, architectural treatments, facade design, and building materials, are consistent with the Affordable Housing Bonus Program Design Guidelines and any other applicable design guidelines.
(C) whether the design of lower floors, including building setback areas, commercial space, townhouses, entries, utilities, and parking and loading access is consistent with the Affordable Housing Bonus Program Design Guidelines, and any other applicable design guidelines.
(D) whether the required streetscape and other public improvements such as tree planting, street furniture, and lighting are consistent with the Better Streets Plan, and any other applicable design guidelines.
(d) Exceptions. As a component of the review process under this Section 315.1, the Planning Director may grant minor exceptions to the provisions of this Code as provided below, in addition to the development bonuses granted to the project in Section 206.4(c). Such exceptions, however, should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when the Planning Director finds that such modifications do not substantially reduce or increase the overall building envelope permitted by the Program under Section 206.4, and the project, with the modifications and exceptions, is consistent with the Affordable Housing Bonus Design Guidelines. These exceptions may include:
(1) Exception from residential usable open space requirements per Section 135, or any applicable special use district.
(2) Exception from satisfaction of loading requirements per Section 152.1, or any applicable special use district.
(3) Exception for rear yards, pursuant to the requirements of Section 134, or any applicable special use district.
(4) Exception from dwelling unit exposure requirements of Section 140, or any applicable special use district.
(5) Exception from satisfaction of accessory parking requirements per Section 152.1, or any applicable special use district.
(6) Where not specified elsewhere in this subsection (d), modification of other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the property is located, and without requiring conditional use authorization.
(e) Required Findings. In reviewing any project pursuant to this Section 315.1, the Planning Director shall make the following findings:
(1) the use complies with the applicable provisions of this Code and is consistent with the General Plan;
(2) the use provides development that is in conformity with the stated purpose of the applicable Use District; and,
(3) the use contributes to the City’s affordable housing goals as stated in the General Plan.
(4) If a 100 Percent Affordable Housing Bonus Project otherwise would require a conditional use authorization due only to (1) a specific land use or (2) a use size limit, the Planning Director shall make all findings and consider all criteria required by this Code for such use or use size as part of this 100 Percent Affordable Housing Bonus Project Authorization and no conditional use authorization shall be required.
(f) Decision and Imposition of Conditions. The Planning Director may authorize, disapprove or approve subject to conditions, the project and any associated requests for exceptions and shall make appropriate findings. The Director may impose additional conditions, requirements, modifications, and limitations on a proposed project in order to achieve the objectives, policies, and intent of the General Plan or of this Code. This administrative review shall be identical in purpose and intent to any Planning Commission review that would otherwise be required by Section 206.4 of the Planning Code.
(g) Discretionary Review. As long as the Planning Commission has delegated its authority to the Planning Department to review applications for an Affordable Housing Project, the Planning Commission shall not hold a public hearing for discretionary review of a 100 Percent Affordable Housing Bonus project that is subject to this Section.
(h) Appeals. The Planning Director’s administrative determination regarding a 100 Percent Affordable Housing Bonus Project pursuant to this Section 315.1 shall be considered part of a related building permit. Any appeal of such determination shall be made through the associated building permit.
(Former Sec. 315.1 added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 415.2 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
[INCLUSIONARY AFFORDABLE HOUSING PROGRAM]
Editor's Note:
The Inclusionary Affordable Housing Program, formerly codified at Secs. 315 et seq., was substantially amended and redesignated as Secs. 415 et seq. by Ord. 108-10, File No. 091275, App. 5/25/2010.
The Inclusionary Affordable Housing Program, formerly codified at Secs. 315 et seq., was substantially amended and redesignated as Secs. 415 et seq. by Ord. 108-10, File No. 091275, App. 5/25/2010.
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415.1 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(See Interpretations related to this Section.)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 415.3 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(See Interpretations related to this Section.)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 220-02, File No. 021098, App. 11/8/2002; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 126-08, File No. 080736, App. 7/21/2008; Ord. 232-08, File No. 080521, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 220-02, File No. 021098, App. 11/8/2002; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 198-08, File No. 080292; Ord. 232-08, File No. 080521, App. 10/30/2008; redesignated as Sec. 415.6 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 76-03, File No. 020592, App. 5/2/2003; Ord. 213-06, File No. 051668, App. 8/2/2006; Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; Ord. 232-08, File No. 080521, App. 10/30/2008; Ord. 63-09, File No. 081249, App. 4/23/2009; redesignated as Sec. 415.7 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415.8 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated as Sec. 415.9 and amended by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 37-02, File No. 001262, App. 4/5/2002; repealed by Ord. 108-10, File No. 091275, App. 5/25/2010)
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
(Added by Ord. 69-87, App. 3/13/87; repealed by Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)
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