(a) Purpose and Relationship to Planning Code Provisions. To incentivize the development of multifamily housing in the City’s well-resourced neighborhoods, a special use district entitled “Family and Senior Housing Opportunity Special Use District” is hereby established. All applicable provisions of the Planning Code shall continue to apply to this special use district, except as otherwise provided in this Section 249.94.
(b) Boundaries. The boundaries of the Family and Senior Housing Opportunity Special Use District are shown on Special Use District Maps Sheets SU 1, SU 2, SU 3, SU 4, SU 5, SU 6, SU 7, SU 11, SU 12, and SU 13. These boundaries consist generally of the areas designated as high-resource and highest-resource on the Well-Resourced Neighborhoods Map of the 2023-2031 Housing Element.
(c) Eligibility. An eligible project under this Section 249.94 shall be a project that complies with all the following criteria:
(1) is located in:
(B) an RM-1 District within the area of the SUD that is bounded by the Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard;
(3) is not located on a parcel resulting from a lot split under California Government Code Section 66411.7;
(4) proposes any of the following project types:
(A) Single-Lot Development Project. The construction on a single lot, including through the alteration of an existing structure, of at least two dwelling units and no more than the maximum number of dwelling units prescribed in subsection (d)(1)(A) of this Section 249.94, inclusive of any existing dwelling units on the site and any Unauthorized Units, as defined in Section 317, occupied by a tenant at any time within the five years preceding application.
(i) For a single-lot project proposing four dwelling units, the fourth dwelling unit shall be constructed in the rear yard pursuant to subsection (d)(3) of this Section 249.94. If the proposed rear-yard unit does not meet the requirements of subsection (d)(3) of this Section 249.94, the project shall be limited to three units. For a project proposing fewer than four dwelling units, up to one unit may be located in the rear yard pursuant to subsection (d)(3) of this Section 249.94.
(ii) Single-lot projects located on Corner Lots shall not construct any units in the rear yard;
(B) Lot-Merger Development Project. A merger of up to three lots and the construction on the resulting lot of at least nine dwelling units and no more than the maximum number of dwelling units prescribed in subsection (d)(1)(B) of this Section 249.94 for a three-lot merger project, or at least six dwelling units and no more than the maximum number of dwelling units prescribed in subsection (d)(1)(B) of this Section 249.94 for a two-lot merger project. A project proposing a lot merger shall not be eligible to construct a rear-yard unit pursuant to subsection (d)(3) of this Section 249.94. A project may not propose a lot merger that would result in a lot having both its front and its rear lot line along Streets, Alleys, or a Street and an Alley (“through lot”), unless at least one of the lots that will be merged is a through lot. To be eligible to construct a lot merger project in the SUD, the project shall be located in the following:
(i) an RH-1, RH-1(D), or RH-1(S) District; or
(ii) an RH-2 or RH-3 District within the area of the SUD that is bounded by the Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard; or
(iii) an RM-1 District within the area of the SUD that is bounded by the Great Highway, Lincoln Way, 19th Avenue, and Sloat Boulevard;
(C) Group Housing Development Project. A single-lot project pursuant to subsection (c)(4)(A) of this Section 249.94 and a lot-merger project pursuant to subsection (c)(4)(B) of this Section 249.94 may also propose the construction of Group Housing up to the density limits prescribed in subsection (d)(1)(C) of this Section 249.94 for projects located in RH-1, RH-1(D), or RH-1(S) districts. For projects outside of those districts, the group housing density limit shall be the limits currently permitted under the Planning Code. A project shall not propose both dwelling units and Group Housing bedrooms. Projects proposing Group Housing bedrooms shall not be eligible for condominium subdivision, including but not limited to conversion pursuant to Subdivision Code Section 1396.7;
(D) Ground Floor Commercial Use. An eligible project under subsection (c)(4)(A)-(C) may also propose ground floor commercial uses, provided that such uses are principally permitted in the applicable use district;
(5) contains the following bedroom configurations:
(A) for single-lot projects under subsection (c)(4)(A) of this Section 249.94, at least two dwelling units with two or more bedrooms, unless the project proposes the addition of one dwelling unit to a lot with three existing dwelling units, in which case the required bedroom configurations in this subsection (c)(5)(A) shall not apply;
(B) for two-lot merger projects under subsection (c)(4)(B) of this Section 249.94, at least two dwelling units with two bedrooms, or at least one dwelling unit with three bedrooms;
(C) for three-lot merger projects under subsection (c)(4)(B) of this Section 249.94, at least three dwelling units with two bedrooms, or at least two dwelling units with three bedrooms.
(D) The requirements of this subsection (c)(5) may be satisfied by existing dwelling units retained on site. This subsection (c)(5) does not apply to Group Housing projects or to certain Corner Lot projects, as detailed in subsection (d)(6) of this Section 249.94;
(6) includes more dwelling units than are existing on the site at the time of application. For the purposes of this subsection (c)(6), an existing dwelling unit includes an Unauthorized Unit, as defined in Planning Code Section 317, that has been occupied by a tenant at any time within the five years preceding application submittal and also includes an Accessory Dwelling Unit, as defined in Planning Code Section 102. Group Housing projects utilizing this Section 249.94 shall provide more bedrooms than are existing on the site at the time of application;
(7) does not propose the demolition of a building that is:
(A) located in an Article 10 Historic District;
(B) listed as a Landmark under Article 10;
(C) located in an Article 11 Conservation District, where the building has a rating of Category I, II, III or IV;
(D) listed in or determined eligible for listing in the California Register of Historical Resources individually and/or as a contributor to a historic district; or,
(E) listed in or determined eligible for listing in the National Register of Historic Places individually and/or as a contributor to a historic district;
(8) complies with the Planning Code and any applicable design guidelines, including but not limited to the provisions of this Section 249.94 and does not seek any variances or exceptions from the Planning Code. Notwithstanding the previous sentence, an eligible project shall strive for consistency with the Residential Design Guidelines to the extent feasible;
(9) complies with the requirements of Section 66300(d) of the California Government Code, as may be amended from time to time and as are in effect at the time a complete project application is submitted, except as otherwise specified herein, including but not limited to requirements to replace all protected units and to offer existing occupants of any protected units that are lower income households relocation benefits and a right of first refusal for a comparable unit, as those terms are defined therein. Notwithstanding the foregoing sentence, if California Government Code Section 66300 becomes inoperative, the project shall comply with the last operative version of Section 66300 before it became inoperative. This subsection (c)(9) does not modify or supersede any other City requirements related to relocation, including but not limited to the requirements of Chapter 37 of the Administrative Code;
(10) the project sponsor certifies under penalty of perjury that at the time of the submittal of their application, the project sponsor has owned the subject lot for a minimum of five years if the site contains two or more dwelling units, or a minimum of one year if the site contains one or fewer dwelling units. Notwithstanding the foregoing sentence, a single-family home that contains an Unauthorized Unit shall be subject to the one-year requirement. This ownership requirement in this subsection (c)(10) shall be subject to the following:
(A) Eligible Predecessor. A property owner who has inherited the subject lot, including any inheritance in or through a trust, from a blood, adoptive, or step family relationship, specifically from either (i) a grandparent, parent, sibling, child, or grandchild, or (ii) the spouse or registered domestic partner of such relations, or (iii) the property owner’s spouse or registered domestic partner (each an “Eligible Predecessor”), may add an Eligible Predecessor’s duration of ownership of the subject lot to the property owner’s duration of ownership of the same lot.
(B) Multiple Ownership. Whenever property proposed for development is jointly owned, owned as common property, or is otherwise subject to multiple ownership, the durational requirements of this subsection (c)(10) must be satisfied by: (i) the majority ownership, whether represented by stock, membership interest, partnership interest, co-tenancy interest, or otherwise, in the case of projects proposed under subsection (c)(4)(A); or (ii) the majority ownership of each lot to be merged, whether represented by stock, membership interest, partnership interest, co-tenancy interest, or otherwise, in the case of projects proposed under subsection (c)(4)(B).
(C) Vacant or Abandoned Property. The ownership requirement in this subsection (c)(10) shall not apply if the property has been registered as a vacant or abandoned building pursuant to Building Code Section 103A.4 et seq. for at least five years preceding the application submittal if the existing site contains two or more dwelling units, or one year preceding application submittal if the site contains one or fewer dwelling units or a single-family home containing an Unauthorized Unit;
(D) The requirements of this subsection (c)(10) shall apply regardless of the legal form of ownership of the property, including but not limited to properties owned by a limited liability company;
(11) the project sponsor certifies under penalty of perjury that the project does not propose the demolition of:
(A) three or more dwelling units that are or were:
(i) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years; or
(ii) subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) within the past five years; or
(iii) rented by lower or very low income households within the past five years; or
(B) a dwelling unit occupied by a tenant at the time of application; or
(C) a dwelling unit from which a tenant has been evicted under Administrative Code Sections 37.9(a)(8)-(12) or 37.9(a)(14)-(16) within the past five years or a dwelling unit that has been vacated within the past five years pursuant to a Buyout Agreement, pursuant to the requirements of Administrative Code Section 37.9E, as it may be amended from time to time, regardless of whether the Buyout Agreement was filed and registered with the Rent Board pursuant to Administrative Code Section 37.9E(h).
(D) For the purposes of this subsection (c)(11) of Section 249.94, “lower or very low income households” shall have the same meaning as in Government Code Section 66300; and
(12) the project sponsor has conducted one meeting prior to or within 20 days of filing a development application. Following submission of a development application, the Planning Department shall not determine a development application under this Section 249.94 to be complete without confirmation that the project sponsor has held at least one meeting conforming to the requirements of this subsection (c)(12) and any additional procedures established by the Planning Department. The project sponsor shall provide mailed notice of the meeting to the individuals and neighborhood organizations specified in Planning Code Section 333(e)(2)(A) and (C). The Planning Department shall establish additional procedures to administer this subsection (c)(12).
(d) Other Controls.
(1) Density Exceptions. Projects that meet the eligibility criteria in subsection (c) of this Section 249.94 are exempt from residential density limits, calculation of which shall not include any Accessory Dwelling Units permitted under Section 207, as follows:
(A) Single-Lot Density Exception. For projects eligible under subsection (c)(4)(A), up to four dwelling units per lot. Projects on a single Corner Lot may propose the greater of up to six dwelling units per lot or one dwelling unit per 1,000 square feet of lot area;
(B) Lot-Merger Density Exception. For projects eligible under subsection (c)(4)(B), the greater of twelve dwelling units per lot or one dwelling unit per 1,000 square feet of lot area, if the lot is the result of a merger of three lots, or the greater of eight dwelling units per lot or one dwelling unit per 1,000 square feet of lot area, if the lot is the result of a merger of two lots. Projects on a resulting Corner Lot may propose the greater of up to 18 dwelling units per lot or one dwelling unit per 1,000 square feet of lot area for a three-lot merger project, or the greater of up to 12 dwelling units per lot or one dwelling unit per 1,000 square feet of lot area for a two-lot merger project;
(C) Group Housing Density Exception. For both Single-Lot and Lot-Merger Development Projects under subsection (c)(4)(A) or (B), up to one Group Housing bedroom per 415 square feet of lot area in RH-1, RH-1(D), and RH-1(S) districts.
(2) Height. Notwithstanding any other provision of this Code, including but not limited to Section 261(b), the height limit for a project that meets the eligibility criteria in subsection (c) of this Section 249.94 shall be 40 feet, if 40 feet is authorized by the Height Map of the Zoning Map. Notwithstanding the foregoing sentence, a project shall comply with the requirements of Section 261(c).
(3) Construction of Rear-Yard Unit. A rear-yard unit shall be a permitted obstruction in the required rear yard under Section 136(c), provided that the project complies with the following standards:
(A) The subject parcel must be at least 2,400 square feet;
(B) The rear-yard unit shall be located at least four feet from the side and rear lot lines and shall not share structural walls with any other structure on the lot;
(C) A minimum 25 feet separation of unobstructed open area shall be provided between the facades of the rear-yard building and the primary building that face each other. Such open area shall comply with the requirements of Section 135(a)-(c);
(D) For the rear-yard unit and units in the primary building that obtain their only Code-complying exposure from the rear yard, 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 subsequent floors. Such open area shall be unobstructed except for fire escapes not projecting more than necessary for safety, and in no case more than four feet six inches; chimneys; and those obstructions permitted in Sections 136(c)(14), (15), (16), (19), (20), and (26);
(E) The rear-yard building height shall be limited to 20 feet measured from existing grade at any given point to either i) the highest point of a finished roof, in the case of a flat roof, or ii) the average height of a pitched roof or stepped roof, or similarly sculptured roof form. The rear-yard building shall not be eligible for any height exemptions in subsection (d)(2) of this Section 249.94 or in Section 260(b); and
(F) Each dwelling unit or group housing bedroom shall have at least 100 square feet of usable open space if private, or 133 square feet if common.
(G) For the purposes of this subsection (d)(3), the unobstructed open area shall be measured from the greatest depth of the rear façade for the primary building and the front façade of the rear-yard building that is closest to the rear yard.
(4) Open Space Requirements for Lot-Merger Projects. For projects eligible under subsection (c)(4)(B) of this Section 249.94, each dwelling unit shall have at least 100 square feet of usable open space if private, or 133 square feet if common.
(5) Minimum Density Requirement on Merged Lots. For lots merged pursuant to subsection (c)(4)(B) of this Section 249.94, any development on the resulting lot shall be subject to the following minimum densities:
(A) six units per lot, if the lot results from a two-lot merger; or
(B) nine units per lot, if the lot results from a three-lot merger.
(6) Additional Requirements for Certain Corner Lot Projects. For projects on Corner Lots that propose at least five units under subsection (c)(4)(A) of this Section 249.94, or at least 15 units for a three-lot merger or at least 10 units for a two-lot merger under subsection (c)(4)(B), the following requirements shall apply:
(A) The height limit shall be 65 feet, notwithstanding any provision to the contrary in the Height Map of the Zoning Map and notwithstanding subsection (d)(2) of this Section 249.94. Compliance with Section 261(c) shall not be required;
(B) The basic rear yard requirement shall be equal to 25% of the total depth of the lot on which the building is situated, but in no case less than 15 feet;
(C) Each dwelling unit shall have at least 100 square feet of usable open space if private, or 133 square feet if common;
(D) Group Housing shall not be permitted; and
(E) The minimum bedroom requirements in subsection (c)(5) of this Section 249.94 shall not apply 1
(e) Applicability of Rent Ordinance; Regulatory Agreements.
(1) Sponsors of projects utilizing any of the density exceptions above the base density up to the limits in subsection (d)(1) of this Section 249.94 shall enter into a regulatory agreement with the City subjecting the new units created pursuant to such density exception, except for any required Affordable Units as defined in Planning Code Section 401, to the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as a condition of approval of the density exception (“Regulatory Agreement”).
(2) The property owner and the Planning Director, or the Director’s designee, on behalf of the City, will execute the Regulatory Agreement, which is subject to review and approval by the City Attorney’s Office. The Regulatory Agreement shall be executed prior to the City’107A.13.1 of the Building Code. Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded in the title records in the Office of the Assessor-Recorder against the property and shall be binding on all future owners and successors in interest.
(3) At a minimum, the Regulatory Agreement shall contain the following:
(A) A description of the total number of units approved, including the number of units subject to the Rent Stabilization and Arbitration Ordinance and other restricted units, if any, and the location, square footage of dwelling units, and number of bedrooms in each unit;
(B) A statement that the new units created pursuant to the density exception are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.50 et seq.). Further, that under Section 1954.52(b), the property owner has entered into and agreed to the terms of the agreement with the City in consideration for an exception from residential density limits, or other direct financial contribution or other forms of assistance specified in California Government Code Section 65915 et seq.;
(C) A description of the residential density exception or other direct financial contribution or forms of assistance provided to the property owner; and
(D) A description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement.
(f) Review and Approvals. Notwithstanding any other provision of this Code, the following shall apply to any project that meets the eligibility criteria in subsection (c) of this Section 249.94, irrespective of whether a project is utilizing a density exception to construct units above the applicable density limit in the RH or RM-1 District pursuant to subsection (d)(1) of this Section 249.94:
(A) a project would demolish any units that are subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code); or
(2) Compliance with Section 311 of this Code shall not be required, unless a project would demolish any units that are subject to limits on rent increases under the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), in which case the requirements of Section 311 shall apply; and
(3) A Notice of Special Restrictions (“NSR”) shall be recorded on the title of any property receiving approval under this Section 249.94. The NSR shall:
(A) Describe the uses, restrictions, and development controls approved under Planning Code Section 249.94, including but not limited to the minimum density restrictions set forth in subsection (d)(5);
(B) State that the NSR runs with the land and is binding on all future owners and successors in interest;
(C) Provide the Planning Department with the ability to enforce the provisions of this Section 249.94;
(D) Describe any other conditions that the Planning Director or Planning Commission deems appropriate to ensure compliance with this Section 249.94; and
(E) Be signed by the City and recorded prior to issuance of the building permit for the project receiving approval under this Section 249.94.
(g) Review of Program. The Planning Department shall include the location and number of units of projects using this Section 249.94 in the Housing Inventory Report. Prior to December 31, 2030, the Planning Department shall prepare a report containing recommendations for modifications to this Section 249.94, including modifications to the boundaries described in subsection (b), to further the goals of the City’s Seventh Housing Element Cycle.
AMENDMENT HISTORY
Section heading and divisions (a), (b), (c)(4)(B), (c)(5)(D), (c)(10), (c)(10)(C)-(D), (c)(12), (d)(1)(A)-(B), (d)(3), (d)(3)(C)-(D), (f), and (f)(3)(A) amended; divisions (c)(1) and (c)(4)(A) amended as (c)(1)-(c)(1)(B) and (c)(4)(A)-(c)(4)(A)(ii), respectively; divisions (c)(4)(B)(i)-(iii), (c)(4)(D), (d)(3)(G) added; division (d)(4) deleted; divisions (d)(5)-(6) renumbered as (d)(4)-(5); new divisions (d)(6)-(d)(6)(E) added; Ord. 41-24, Eff. 4/13/2024.
CODIFICATION NOTE