The Legislation

Links To Relevant State Legislation and San Francisco Planning Code Sections

State Density Bonus Law
HOME-SF (Section 206.3)
Analyzed State Density Bonus Program (Section 206.5)
Individually Requested State Density Bonus Program (Section 206.6)

Case reports, Ordinance, Motions, Resolutions and Public Hearings by publication date – for those following closely.

Date

Legislation/Resolutions/Motions
and Staff Case Reports

Presentation Materials
and Video

February 14, 2017 Draft HOME-SF Program Legislation  
March 13, 2017 March 13th Draft HOME-SF Program Legislation

Board of Supervisors Land Use and Transportation Committee
Amendments made:

  1. Income levels served adjusted as follows:
    Rental BMR units offered at:
    55% AMI
    80% AMI
    110% AMI
    Ownership BMR units offered at:
    90% AMI
    120% AMI
    140% AMI
  2. Family-friendly amenities:
    Encourages the inclusion of 3+ bedroom units
  3. Enhances protections and options for existing commercial tenants
Link to SFGTV video on demand
May 8, 2017 May 8th Draft HOME-SF Program Legislation

Board of Supervisors Land Use and Transportation Committee
Amendments made:

  1. Fillmore and Divisadero NCT districts removed from the program
  2. Formula retail prohibited on any HOME-SF project that replaces a non-formula retail business
  3. Clarifies that all regulations in section 415 (Inclusionary Housing) of the Planning Code apply to HOME-SF units except:
    • Percentage requirement
      (HOME-SF is higher – 30% on-site)
    • That the qualifying income levels for the below-market-rate units available through the program are independently set
      10% at 90% of Area Median Income; 
      10% at 120% of Area Median Income; and
      10% at 140% of Area Median.  
      Rental units are set at
      10% at 55% of Area Median Income;
      10% at 80% of Area Median Income; and
      10% shall have an average affordable rent set at 110% Area Median Income. 
    • That the unit mix requirement shall be either
      (A) a minimum unit mix of at least 40% of all units as two bedroom units or larger; or
      (B) any unit mix which includes some three bedroom or larger units such that 50% of all bedrooms within the Local HOME-SF Project are provided in units with more than one bedroom.
Link to SFGTV video on demand
May 16, 2017 May 16th Draft HOME-SF Program Legislation

Full Board of Supervisors
Amendments made:

  1. Conforms State Analyzed hybrid program to contain same programmatic details as HOME-SF, with the exception of three requirements under state law (allows for up to 35% density bonus; different income level requirements; and affordability lasting up to 55 years)
  2. Removes Northeast quadrant area north of Polk Street and east of Van Ness Avenue, with exception of soft sites (defined as lots 12,500 square feet or more with existing structures that cover less than 20% of the zoned capacity), gas stations, parking lots, and banks – unless historic or eligible for historic registry/preservation.
  3. Clarifies that formula retail prohibition on ground floor does not apply to sites with existing fringe financial, self-storage, motel, automobile sales/rental, gas station, car wash, mortuaries, adult entertainment, massage, medical cannabis dispensary, and tobacco shop uses.
Link to SFGTV video on demand
May 23, 2017 May 23rd HOME-SF Program Legislation

Full Board of Supervisors
Amendments made:

  1. Affordability of ownership units revised to 80%/105%/130% of AMI to match Inclusionary Ordinance proposal
  2. Changes the distribution of HOME-SF units to
    12% at the lowest income tier
    9% at the middle tier
    9% at the highest income tier
  3. Specifies that HOME-SF would apply in District 9 until the Board of Supervisors directs the Planning Department to study the creation of an Area Plan in the District

The legislation, as amended, was passed with a vote of 10-1.

Link to SFGTV video on demand
June 6, 2017 Final Adopted HOME-SF Legislation (large file size)

Full Board of Supervisors

The legislation was passed on second read with a unanimous vote of 110.

Link to SFGTV video on demand

May 1, 2018

HOME-SF 2.0 Legislation
Supervisors Tang and Safai introduce legislation to amend HOME-SF as follows:

  1. Projects seeking to use HOME-SF would be able to choose from the following three options:

    Tier 1 – Relief from density controls but no extra height – 20% affordable 10% of units at 55% of AMI (rental) or 80% of AMI (owner) 5% of units at 80% of AMI (rental) or 105% of AMI (owner) 5% of units at 110% of AMI (rental) or 130% of AMI (owner)

    Tier 2 – Relief from density controls and one extra story of height – 25% affordable 10% of units at 55% of AMI (rental) or 80% of AMI (owner) 8% of units at 80% of AMI (rental) or 105% of AMI (owner) 7% of units at 110% of AMI (rental) or 130% of AMI (owner)

    Tier 3 – Relief from density controls and two extra stories of height – 30% affordable 10% of units at 55% of AMI (rental) or 80% of AMI (owner) 10% of units at 80% of AMI (rental) or 105% of AMI (owner) 10% of units at 110% of AMI (rental) or 130% of AMI (owner)


Projects submitting Environmental Evaluation applications before December 31, 2019 would be eligible to be considered for approval based on the above tiers. After that date, the tiers would sunset and the affordability requirements for HOME-SF would return to the current structure.

  1. HOME-SF projects would seek entitlement through the process provided for in Section 328 instead of Conditional Use (Section 303). Section 328, which currently establishes the process for the 100% Affordable Housing Bonus Program Project Authorization, is similar to a Large Project Authorization (Sec. 329). Section 328 requires approval by the Planning Commission at a public hearing and allows the Commission to grant certain modifications. The Planning Commission’s decision would be appealable to the Board of Appeals rather than the Board of Supervisors. Section 328 would require HOME-SF projects be approved, approved with conditions, or disapproved by the Planning Commission within 120 days of receipt of a complete HOME-SF application.

 

June 28, 2018

Planning Department Case Report
The Planning Department recommended the following amendments:

  1. Amend Section 206.3(d)(4) to allow HOME-SF projects to receive any of the zoning modifications listed, rather than only allowing three.
  2. Amend Section 206.3(f)(2)(A) to modify the proposed Tier 1 as follows:
    • If a Tier 1 HOME-SF project consists of 24 units or fewer, require 20% on-site affordable HOME-SF units at the proposed affordability levels
    • If a Tier 1 HOME-SF project consists of 25 units or more, require 23% on-site affordable HOME-SF units at the following affordability levels: i. 10% at 55% AMI (rental) or 80% AMI (owner) ii. 8% at 80% AMI (rental) or 105% AMI (owner) iii. 5% at 110% AMI (rental) or 130% AMI (owner)
  3. Amend Section 206.3(f)(2) language to set the prescribed AMI levels as maximums, allowing HOME-SF project sponsors to provide HOME-SF units at deeper affordability levels.
  4. Amend language in Section 328 to require HOME-SF projects receive a Planning Commission hearing withi 180 days of completion of environmental review.
  5. Amend language to include a “use it or lose it” provision, requiring HOME-SF projects to file a Building Permit Application within 2 years of entitlement.

Link to SFGTV video on demand

July 9, 2018

July 9th HOME-SF 2.0 Legislation with amendments
The legislation was amended to incorporate Planning Department recommendations 1, 2 and 4 above.
The legislation as amended was sent to the full Board of Supervisors with a positive recommendation, and with the following amendments:

 

Link to SFGTV video on demand

July 17, 2018

July 17th HOME-SF 2.0 Legislation with amendments
The legislation was amended to include a use it or lose it provision, requiring HOME-SF projects to receive a site or building permit within 36 months of receiving entitlements.
The legislation as amended was passed on first reading.

Link to SFGTV video on demand

July 31, 2018

Final HOME-SF 2.0 Legislation
The legislation was passed on second reading.

Link to SFGTV video on demand