§ 401.

DEFINITIONS

In addition to the specific definitions set forth elsewhere in this Article, the following definitions shall govern interpretation of this Article:

“Affordable unit” or “affordable housing unit.”  A unit that is restricted as affordable under Section 415 et seq.

“Affordable to a household” shall mean a purchase price that a household can afford to pay based on an annual payment for all housing costs, as defined in California Code of Regulations (“CCR”) Title 25, Section 6920, as amended from time to time, of 33 percent of the combined household annual gross income, assuming a down payment recommended by the Mayor’s Office of Housing in the Procedures Manual, and available financing, or a rent that does not exceed 30 percent of a household’s combined annual gross income. Where applicable, the purchase price or rent may be adjusted to reflect the absence or existence of a parking space(s), subject to the Department’s policy on unbundled parking for affordable housing units as specified in the Procedures Manual and amended from time to time.

“Affordable to qualifying households.”

A.

With respect to owned units, the average purchase price on the initial sale of all affordable owned units in a housing project shall not exceed the allowable average purchase price. Each unit shall be sold:

i.

Only to first-time homebuyer households, as defined in this Section;

ii.

Only to households with an annual gross income equal to or less than the qualifying income limits for a household of moderate income, adjusted for household size, except for the exceptions set forth in Section 415.8(a)(4)(C), (D) and (E);

iii.

Only to households that meet the household size requirements, as defined in the Procedures Manual;

iv.

On the initial sale, at or below the maximum purchase price, as defined in this Section;

v.

On subsequent sales at or below the prices to be determined according to the formula specified in the Procedures Manual in place at the time of the affordable unit owner’s purchase, as amended from time to time, such that the units remain affordable to qualifying households. The formula in the Procedures Manual shall permit the seller to include certain allowable capital improvements in the new maximum purchase price. The formula shall include a per unit cap on capital improvements of 10% of the resale price in order to maintain affordability. Special Assessments shall be added to the resale price at an uncapped rate. Capital improvement requests shall be evaluated by the Mayor’s Office of Housing according to the formula specified in the Procedures Manual.

B.

With respect to rental units in an affordable housing project, the average annual rent shall not exceed the allowable average annual rent. Each unit shall be rented:

i.

Only to households with an annual gross income equal to or less than qualifying limits for a household of lower income adjusted for household size, as defined in this Section, except for the exceptions set forth in Section 415.8(a)(4)(A) and (B);

ii.

Only to households that meet the household size requirements, as defined in the Procedures Manual;

iii.

At or less than the maximum annual rent.

“Allowable average purchase price.”  A price for all affordable owned units of the size indicated below that are affordable to a household of median income as defined in this Section, adjusted for the household size indicated below as of the date of the close of escrow, except for Single Room Occupancy units (as defined in Section 890.88), which shall be 75% of the maximum purchase price level for studio units, and, where applicable, adjusted to reflect the Department’s policy on unbundled parking for affordable housing units as specified in the Procedures Manual and amended from time to time:



Number of Bedrooms (or, for live/work units square foot equivalency) Number of Persons in Household
0 (Less than 600 square feet)

1

1 (601 to 850 square feet)

2

2 (851 to 1,100 square feet)

3

3 (1,101 to 1,300 square feet)

4

4 (More than 1,300 square feet)

5

“Allowable average annual rent.”  Annual rent for an affordable rental unit of the size indicated below that is 30 percent of the annual gross income of a household of low income as defined in this Section, adjusted for the household size indicated below except for Single Room Occupancy units (as defined in Section 890.88), which shall be 75% of the maximum rent level for studio units, and, where applicable, adjusted to reflect the Department’s policy on unbundled parking for affordable housing units as specified in the Procedures Manual and amended from time to time:



Number of Bedrooms (or, for live/work units square foot equivalency) Number of Persons in Household
0 (Less than 600 square feet)

1

1 (601 to 850 square feet)

2

2 (851 to 1,100 square feet)

3

3 (1,101 to 1,300 square feet)

4

4 (More than 1,300 square feet)

5

At no time can a rent increase, or can multiple rent increases within one year, exceed the percentage change in Maximum Monthly Rent levels as published by MOH from the previous calendar year to the current calendar year.

“Area Median Income” or “AMI.” The unadjusted median income levels derived from the Department of Housing and Urban Development (“HUD”) on an annual basis for the San Francisco area, adjusted solely for household size, but not high housing cost area.

“Annual gross income.” Gross income as defined in CCR Title 25, Section 6914, as amended from time to time, except that MOH may, in order to promote consistency with the procedures of the San Francisco Redevelopment Agency, develop an asset test that differs from the State definition if it publishes that test in the Procedures Manual.

“Annual net income.” Net income as defined in Title 25 of the California Code of Regulations Section 6916.

“Average annual rent.” The total annual rent for the calendar year charged by a housing project for all affordable rental units in the project of an equal number of bedrooms divided by the total number of affordable units in the project with that number of bedrooms.

“Average purchase price.” The purchase price for all affordable owned units in an affordable housing project of an equal number of bedrooms divided by the total number of affordable units in the project with that number of bedrooms.

“Balboa Park Community Improvements Fund.” The fund into which all fee revenue the City collects from the Balboa Park Impact Fee is deposited.

“Balboa Park Community Improvements Program.” The program intended to implement the community improvements identified in the Balboa Park Area Plan, as articulated in the Balboa Park Community Improvements Program Document on file with the Clerk of the Board in File No. 090179.

“Balboa Park Impact Fee.” The fee collected by the City to mitigate impacts of new development in the Balboa Park Program Area, as described in the findings in Section 422.1.

“Balboa Park Program Area.” The Balboa Park Plan Area in Figure 1 of the Balboa Park Station Area Plan of the San Francisco General Plan.

“Base service standard.” The relationship between revenue service hours offered by the Municipal Railway and the number of automobile and transit trips estimated to be generated by certain non-residential uses, expressed as a ratio where the numerator equals the average daily revenue service hours offered by MUNI and the denominator equals the daily automobile and transit trips generated by non-residential land uses as estimated by the TIDF Study, the TIDF Update Report, or as updated under Section 410 of this Article.

“Base service standard fee rate.” The TIDF that would allow the City to recover the estimated costs incurred by the Municipal Railway to meet the demand for public transit resulting from new development in the economic activity categories for which the fee is charged, after deducting government grants, fare revenue, and costs for non-vehicle maintenance and general administration.

“Board” or “Board of Supervisors.” The Board of Supervisors of the City and County of San Francisco.

“Change of Use.” A change of gross floor area from one category of use to another category of use listed in the use table for the zoning district of the subject lot.

“Child-care facility.” A child-care facility as defined in California Health and Safety Code Section 1596.750.

“Child-care provider.” A provider as defined in California Health and Safety Code Section 1596.791.

“City” or “San Francisco.” The City and County of San Francisco.

“Commission” or “Planning Commission.” The San Francisco Planning Commission.

“Community apartment.” As defined in San Francisco Subdivision Code Section 1308(b).

“Community facilities.” All uses as defined under Section 209.4(a) and 209.3(d) of this Code.

“Condition of approval” or “conditions of approval.” A condition or set of written conditions imposed by the Planning Commission or another permit-approving or issuing City agency or appellate body to which a project applicant agrees to adhere and fulfill when it receives approval for the construction of a development project subject to this Article.

“Condominium.” As defined in California Civil Code Section 783.

“Cultural/Institution/Education (CIE).” An economic activity category subject to the TIDF that includes, but is not limited to, schools, as defined in Sections 209.3(g), (h), and (i) and 217(f)-(i) of this Code; child care facilities as defined in Sections 209.3(e) and (f); museums and zoos; and community facilities, as defined in Sections 209.4 and 221(a)-(c) of this Code.

“DBI.” The San Francisco Department of Building Inspection or its successor.

“Dedicated.” Legally transferred to the City and County of San Francisco, including all relevant legal documentation, at no cost to the City.

“Dedicated site.” The portion of site proposed to be legally transferred at no cost to the City and County of San Francisco under the requirements of this section.

“Department” or “Planning Department.” The San Francisco Planning Department or the Planning Department’s designee, including the Mayor’s Office of Housing and other City agencies or departments.

“Designated affordable housing zones.” For the purposes of implementing the Eastern Neighborhoods Public Benefits Fund, shall mean the Mission NCT defined in Section 736 and the Mixed Use Residential District defined in Section 841.

“Development fee.” Either a development impact fee or an in-lieu fee. It shall not include a fee for service or any time and material charges charged for reviewing or processing permit applications.

“Development Fee Collection Unit” or “Unit.” The Development Fee Collection Unit at DBI.

“Development impact fee.” A fee imposed on a development project as a condition of approval to mitigate the impacts of increased demand for public services, facilities or housing caused by the development project that may or may not be an impact fee governed by the California Mitigation Fee Act (California Government Code Section 66000 et seq.).

“Development impact requirement.” A requirement to provide physical improvements, facilities or below market rate housing units imposed on a development project as a condition of approval to mitigate the impacts of increased demand for public services, facilities or housing caused by the development project that may or may not be governed by the California Mitigation Fee Act (California Government Code Section 66000 et seq.).

“Development project.” Any change of use within an existing structure, addition to an existing structure, or new construction, which includes any occupied floor area.

“Director.” The Director of Planning or his or her designee.

“Director of Transportation.” The Director of Transportation of the MTA or his or her designee(s).

“DPW.” The Department of Public Works, or its successor.

“Eastern Neighborhoods Infrastructure Impact Fee.” The fee collected by the City to mitigate impacts of new development in the Eastern Neighborhoods Program Area, as described in the Findings in Section 423.1

“Eastern Neighborhoods Program Area.” The Eastern Neighborhoods Plan Area in Map 1 (Land Use Plan) of the Eastern Neighborhoods Area Plan of the San Francisco General Plan.

“Eastern Neighborhoods Public Benefits Fund.” The fund into which all fee revenue collected by the City from the Eastern Neighborhoods Impact Fee is deposited.

“Eastern Neighborhoods Public Benefits Program.” The program intended to implement the community improvements identified in the five Area Plans affiliated with the Eastern Neighborhoods (Central Waterfront, East SoMa, Western SoMa, Mission, and Showplace Square/Potrero Hill), as articulated in the Eastern Neighborhoods Public Benefits Program Document, on file with the Clerk of the Board in File No. 081155, and the Western SoMa Public Benefits Program Document, on file with the Clerk of the Board in File No. 130004.)

“Economic activity category.” Under the TIDF, one of the following six categories of non-residential uses: Cultural/Institution/Education (CIE), Management, Information and Professional Services (MIPS), Medical and Health Services, Production/Distribution/Repair (PDR), Retail/Entertainment, and Visitor Services.

“Entertainment use.” Space within a structure or portion thereof intended or primarily suitable for or accessory to the operation of uses defined in San Francisco Planning Code Sections 102.17 (Nighttime Entertainment), 790.38 and 890.37 (Other Entertainment), 790.36 and 890.36 (Adult Entertainment), 790.64 and 890.64 (Movie Theater), and 790.4 and 890.4 (Amusement Arcade), regardless of the zoning district that the use is located in.

“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.

“First construction document.” As defined in Section 107A.13.1 of the San Francisco Building Code.

“First-time homebuyer household.” At a minimum, shall be a household in which no member of the qualifying household may have owned any interest in a dwelling unit for a three-year period prior to applying to qualify for purchase of a unit restricted as affordable under the Inclusionary Housing Program. The Procedures Manual may contain additional requirements as necessary.

“Gross floor area.” The total area of each floor within the building’s exterior walls, as defined in Section 102.9 of this Code, except that for the purposes of determining the applicability of the TIDF, the exclusion from this definition set forth in Section 102.9(b)(12) shall not apply.

“Gross square feet of use.” The meaning set forth in Section 102.9 of this Code, with the exception of the TIDF. With respect to the TIDF, the total square feet of gross floor area in a building and/or space within or adjacent to a structure devoted to all uses covered by the TIDF, including any common areas exclusively serving such uses and not serving residential uses. Where a structure contains more than one use, areas common to two or more uses, such as lobbies, stairs, elevators, restrooms, and other ancillary spaces included in gross floor area that are not exclusively assigned to one uses shall be apportioned among the two or more uses in accordance with the relative amounts of gross floor area, excluding such space, in the structure or on any floor thereof directly assignable to each use.

“Hotel” or “Hotel use.” Space within a structure or portion thereof intended or primarily suitable for or accessory to the operation of uses defined in San Francisco Planning Code Sections 790.46 and 890.46, regardless of the zoning district that the use is located in.

“Household.” Any person or persons who reside or intend to reside in the same housing unit.

“Household of low income.” For purposes of Section 415 et seq., a household whose combined annual gross income for all members does not exceed 55 percent of AMI.

“Household of median income.” For purposes of Section 415 et seq., a household whose combined annual gross income for all members does not exceed 90 percent of AMI.

“Household of moderate income.” For purposes of Section 415 et seq., a household whose combined annual gross income for all members does not exceed 110 percent of AMI.

“Housing developer.” Any business entity building housing units which receives a payment from a sponsor for use in the construction of the housing units. A housing developer may be

a.

the same business entity as the sponsor,

b.

an entity in which the sponsor is a partner, joint venturor, or stockholder, or

c.

an entity in which the sponsor has no control or ownership.

“Housing project.” Any development which has residential units as defined in the Planning Code, including but not limited to dwellings, group housing, independent living units, and other forms of development which are intended to provide long-term housing to individuals and households. “Housing project” shall not include that portion of a development that qualifies as an Institutional Use under the Planning Code. “Housing project” for purposes of the Inclusionary Housing Program shall also include the development of live/work units as defined by Section 102.13 of this Code. Housing project for purposes of the Inclusionary Housing Program shall mean all phases or elements of a multi-phase or multiple lot residential development.

“Housing unit” or “unit.” A dwelling unit as defined in San Francisco Housing Code Section 401.

“Improvements Fund.” The fund into which all revenues collected by the City for each Program Area’s impact fees are deposited.

“In-Kind Agreement.” An agreement acceptable in form and substance to the City Attorney and the Director of Planning, under which the project sponsor agrees to provide a specific set of community improvements, at a specific phase of construction, in lieu of contribution to the relevant Fund.

“Infrastructure.” Open space and recreational facilities; public realms improvements such as pedestrian improvements and streetscape improvements; public transit facilities; and community facilities such as libraries, child care facilities, and community centers.

“In lieu fee.” A fee paid by a project sponsor in lieu of complying with a requirement of this Code and that is not a development impact fee governed by the Mitigation Fee Act.

“Institutional use.” Space within a structure or portion thereof intended or primarily suitable for or accessory to the operation of uses contained in San Francisco Planning Code Section 217 and 890.50, regardless of the zoning district that the use is located in.

“Integrated PDR use.” Space within a structure or portion thereof intended or primarily suitable for or accessory to the operation of uses defined in San Francisco Planning Code Section 890.49, regardless of the zoning district that the use is located in.

“Interim Guidelines.” The Office Housing Production Program Interim Guidelines adopted by the Planning Commission on January 26, 1982, as amended.

“Licensed Child-care facility.” A child-care facility which has been issued a valid license by the California Department of Social Services pursuant to California Health and Safety Code Sections 1596.80-1596.875, 1596.95-1597.09, or 1597.30-1597.61.

“Life of the project.” The time during which the development authorized by the Planning Department or Commission, or any modification of such development, remains in existence in or upon the subject property and thereby confers benefit upon the subject property.

“Live/work project.” A housing project containing more than one live/work unit.

“Live/work unit” shall be as defined in Section 102.13 of this Code.

“Long term housing.” Housing intended for occupancy by a person or persons for 32 consecutive days or longer.

“Low income.” For purposes of this Article, up to 80% of median family income for the San Francisco PMSA, as calculated and adjusted by the United States Department of Housing and Urban Development (HUD) on an annual basis, except that as applied to housing-related purposes such as the construction of affordable housing and the provision of rental subsidies with funds from the SOMA Stabilization Fund established in Section 418.7, it shall mean up to 60% of median family income for the San Francisco PMSA, as calculated and adjusted by HUD on an annual basis.

“Management, Information and Professional Services (MIPS).” An economic activity category under the TIDF that includes, but is not limited to, office use; medical offices and clinics, as defined in Section 890.114 of this Code; business services, as defined in Section 890.111 of this Code; Integrated PDR, as defined in Section 890.49 of this Code, and Small Enterprise Workspaces, as defined in Section 227(t) of this Code.

“Market and Octavia Community Improvements Fund.” The fund into which all fee revenue collected by the City from the Market and Octavia Community Improvements Fee is deposited.

“Market and Octavia Community Improvements Impact Fee.” The fee collected by the City to mitigate impacts of new development in the Market and Octavia Program Area, as described in the findings in Section 421.1.

“Market and Octavia Community Improvements Program.” The program intended to implement the community improvements identified in the Market and Octavia Area Plan, as articulated in the Market and Octavia Community Improvements Program Document on file with the Clerk of the Board in File No. 071157.

“Market and Octavia Program Area.” The Market and Octavia Plan Area in Map 1 (Land Use Plan) of the Market and Octavia Area Plan of the San Francisco General Plan, which includes those districts zoned RTO, NCT, or any neighborhood specific NCT, a few parcels zoned RH-1 or RH-2, and those parcels within the Van Ness and Market Downtown Residential Special Use District (VMDRSUD). The Program Area also includes the Upper Market NCD, which includes parcels one block west of the plan area that front Market Street.

“Market rate housing.” Housing constructed in the principal project that is not subject to sales or rental restrictions.

“Maximum annual rent.” The maximum rent that a housing developer may charge any tenant occupying an affordable unit for the calendar year. The maximum annual rent for an affordable housing unit of the size indicated below shall be no more than 30 percent of the annual gross income for a household of low income as defined in this Section, as adjusted for the household size indicated below, except in the case of Single Room Occupancy units (as defined in Section 890.88), which shall be 75% of the maximum rent level for studio units, as of the first date of the tenancy:



Number of Bedrooms (or, for live/work units square foot equivalency) Number of Persons in Household
0 (Less than 600 square feet)

1

1 (601 to 850 square feet)

2

2 (851 to 1,100 square feet)

3

3 (1,101 to 1,300 square feet)

4

4 (More than 1,300 square feet)

5

At no time can a rent increase, or can multiple rent increases within one year, exceed the percentage change in Maximum Monthly Rent levels as published by MOH from the previous calendar year to the current calendar year.

“Maximum purchase price.” The maximum purchase price for an affordable owned unit of the size indicated below except in the case of Single Room Occupancy units (as defined in Section 890.88), which shall be 75% of the maximum purchase price level for studio units, that is affordable to a household of moderate income, adjusted for the household size indicated below, assuming an annual payment for all housing costs of 33 percent of the combined household annual gross income, a down payment recommended by MOH and set forth in the Procedures Manual, and available financing:



Number of Bedrooms (or, for live/work units square foot equivalency) Number of Persons in Household
0 (Less than 600 square feet)

1

1 (601 to 850 square feet)

2

2 (851 to 1,100 square feet)

3

3 (1,101 to 1,300 square feet)

4

4 (More than 1,300 square feet)

5

“Mayor’s Office of Housing” or “MOH.” The Mayor’s Office of Housing or its successor.

“Medical and Health Services.” An economic activity category under the TIDF that includes, but is not limited to, those non-residential uses defined in Sections 209.3(a) and 217(a) of this Code; and social and charitable services, as defined in Sections 209.3(d) and 217(d) of this Code.

“Middle Income Household.” Except as used in Section 415 et seq., a household whose combined annual gross income for all members is between 120 percent and 150 percent of the local median income for the City and County of San Francisco, as calculated by the Mayor’s Office of Housing using data from the United States Department of Housing and Urban Development (HUD) and adjusted for household size or, if data from HUD is unavailable, as calculated by the Mayor’s Office of Housing using other publicly available and credible data and adjusted for household size.

“MOH.” The Mayor’s Office of Housing, or its successor.

“MTA.” The Municipal Transportation Agency, or its successor.

“Municipal Railway; MUNI.” The public transit system owned by the City and under the jurisdiction of the MTA.

“Museum.” A permanent institution open to the public, which acquires, conserves, researches, communicates and exhibits the heritage of humanity or the environment.

“Net addition.” The total amount of gross floor area defined in Planning Code Section 102.9 contained in a development project, less the gross floor area contained in any structure demolished or retained as part of the proposed development project.

“Nonprofit child-care provider.” A child-care provider that is an organization organized and operated for nonprofit purposes within the provisions of California Revenue and Taxation Code Sections 23701-23710, inclusive, as demonstrated by a written determination from the California Franchise Tax Board exempting the organization from taxes under Revenue and Taxation Code Section 23701.

“Nonprofit organization.” An organization organized and operated for nonprofit purposes within the provisions of California Revenue and Taxation Code Sections 23701-23710, inclusive, as demonstrated by a written determination from the California Franchise Tax Board exempting the organization from taxes under Revenue and Taxation Code Section 23701.

“Non-residential use.” Space within any structure or portion thereof intended or primarily suitable for or accessory to occupancy by retail, office, commercial, or other non-residential uses defined in Section 209.3, 209.8, 217, 218, 219, 221, and 227 of this Code, except uses 227(a), (b), and (p), regardless of the zoning district that the use is located in; except that residential components of uses defined in Section 209.3(a)-(c) and (g)-(i) shall be defined as a “residential use” for purposes of this Article. For the purposes of this Article, non-residential use shall not include PDR and publicly owned and operated community facilities.

“Notice of Special Restrictions.” A document recorded with the San Francisco Recorder’s Office for any unit subject to the Inclusionary Housing Program detailing the sale and resale or rental restrictions and any restrictions on purchaser or tenant income levels included as a Condition of Approval of the principal project relating to the unit.

“Office use.” Space within a structure or portion thereof intended or primarily suitable for or accessory to the operation of uses defined in San Francisco Planning Code Section 890.70, regardless of the zoning district that the use is located in.

“Off-site unit.” A unit affordable to qualifying households constructed pursuant to this Article on a site other than the site of the principal project.

“On-site unit.” A unit affordable to qualifying households constructed pursuant to this Article on the site of the principal project.

“Owned unit.” A unit affordable to qualifying households which is a condominium, stock cooperative, community apartment, or detached single-family home. The owner or owners of an owned unit must occupy the unit as their primary residence.

“Owner.” The record owner of the fee or a vendee in possession.

“Owner Occupied.” A qualified-income owner lives in the affordable unit as his her principle residence and resides in the unit for a minimum period of time set forth in the Procedures Manual.

“PDR use.” An economic activity category under the TIDF that includes, but is not limited to, uses defined in San Francisco Planning Code Sections 220, 222, 223, 224, 225, 226, 227(a), 227(b), and 227(p), regardless of the zoning district that the use is located in.

“Principal project.” A housing development on which a requirement to provide affordable housing units is imposed.

“Principal site.” The total site proposed for development, including the portion of site proposed to be legally transferred to the City and County of San Francisco.

“Procedures Manual.” The City and County of San Francisco Inclusionary Affordable Housing Program Monitoring Procedures Manual issued by the San Francisco Department of City Planning, as amended.

“Program” or “Inclusionary Housing Program.” The Inclusionary Affordable Housing Program as detailed in Sections 415-417.

“Rent” or “rental.” The total charges for rent, utilities, and related housing services to each household occupying an affordable unit.

“Rental unit.” A unit affordable to qualifying households which is not a condominium, stock cooperative, or community apartment.

“Replacement of use.” The total amount of gross floor area, as defined in Section 102.9 of this Code, to be demolished and reconstructed by a development project.

“Research and development use.” Space within any structure or portion thereof intended or primarily suitable for or accessory to the operation of uses defined in San Francisco Planning Code Section 890.52, regardless of the zoning district that the use is located in.

“Residential use.” Space within any structure or portion thereof intended or primarily suitable for or accessory to occupancy by uses defined in San Francisco Planning Code Sections 209.1, 790.88, and 890.88, as relevant for the subject zoning district, or containing group housing as defined in Section 209.2(a)-(c) of this Code and any residential components of institutional uses as defined in Section 209.3(a)-(c) and (g)-(i) of this Code.

“Retail/entertainment.” An economic activity category under the TIDF that includes, but is not limited to, a retail use; an entertainment use; and massage establishments, as defined in Section 218.1 of this Code.

“Retail use.” Space within any structure or portion thereof intended or primarily suitable for or accessory to the operation of uses contained in San Francisco Planning Code Section 218, regardless of the zoning district that the use is located in.

“Revenue services hours.” The number of hours that the Municipal Railway provides service to the public with its entire fleet of buses, light rail (including streetcars), and cable cars.

“Rincon Hill Community Improvements Fund.” The fund into which all fee revenue collected by the City from the Rincon Hill Community Infrastructure Impact Fee is deposited.

“Rincon Hill Community Infrastructure Impact Fee.” The fee collected by the City to mitigate impacts of new development in the Rincon Hill Program Are, as described in the findings in Section 418.1.

“Rincon Hill Program Area.” Those districts identified as the Rincon Hill Downtown Residential (RH DTR) Districts in the Planning Code and on the Zoning Maps.

“Section 6932.” Section 6932 of Title 25 of the California Code of Regulations as such section applies to the County of San Francisco.

“Significant increase in residential development potential” shall mean, for purposes of Charter Section 16.110(h) and the implementation of the Inclusionary Affordable Housing Program, for areas subject to a change in zoning enacted after November 6, 2012 that affects 40 or more acres or greater and results in a significant increase in residential development potential, where the area is not also encompassed by a Special Use District adopted after November 6, 2012:

a.

a 20% or greater increase in developable residential gross floor area, as measured by a change in height limits, Floor Area Ratio limits, or use, over prior zoning, or

b.

a change in use permitting residential uses (either as a principally permitted use or with a conditional use authorization) where residential uses were not previously principally permitted or permitted with a conditional use authorization, or

c.

For parcels with an existing residential development capacity of 10 units or greater, the lesser of

1. a 50% or greater increase in residential densities over prior zoning, or,

2. an increase in density of at least 15 additional units over the number of units allowed under prior zoning.

3. For the purposes of determining residential development capacity, the Planning Department shall use unit sizes and efficiency ratios typical (or the subject area at the time of the rezoning.

(4) 1 This definition was adopted and may only be amended under Charter Section 16.110(h)(1)(B)(iv).

“Small Enterprise Workspace use.” Space within a structure or portion thereof intended or primarily suitable for or accessory to the operation of uses defined in San Francisco Planning Code Section 227(t), regardless of the zoning district that the use is located in.

“SOMA.” The area bounded by Market Street to the north, Embarcadero to the east, King Street to the south, and South Van Ness and Division to the west.

“SOMA Community Stabilization Fee.” The fee collected by the City to mitigate impacts on the residents and businesses of SOMA of new development in the Rincon Hill Program Area, as described in the findings in Section 418.1.

“SOMA Community Stabilization Fund.” The fund into which all fee revenue collected by the City from the SOMA Community Stabilization Fee is deposited.

“Sponsor” or “project sponsor.” An applicant seeking approval for construction of a development project subject to this Article, such applicant’s successor and assigns, and/or any entity which controls or is under common control with such applicant.

“Stock cooperative.” As defined in California Business and Professions Code Section 11003.2.

“Student Housing.” As defined in Planning Code Section 102.36.

“TIDF; Transit Impact Development Fee.” The development fee that is the subject of Section 411.1 et seq. of this Article.

“TIDF Study.” The study commissioned by the San Francisco Planning Department and performed by Nelson/Nygaard Associates entitled “Transit Impact Development Fee Analysis  – Final Report,” dated May 2001, including all the Technical Memoranda supporting the Final Report and the Nelson/Nygaard update materials contained in Board of Supervisors File No. 040141.

“TIDF Update Report.” The study commissioned by MTA and performed by Cambridge Systematics, Inc. and Urban Economics entitled “Transit Impact Development Fee Update Draft Final Report,” dated February, 2011, and contained in Board of Supervisors File No. 120523.

“Total developable site area.” 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.

“Treasurer.” The Treasurer for the City and County of San Francisco.

“Trip generation rate.” The total number of automobile and Municipal Railway trips generated for each 1,000 square feet of development in a particular economic activity category as established in the TIDF Study, the 2011 TIDF update report, or pursuant to the five-year review process established in Section 410 of this Article.

“Use.” The purpose for which land or a structure, or both, are legally designed, constructed, arranged, or intended, or for which they are legally occupied or maintained, let or leased.

“Visitacion Valley.” The area bounded by Carter Street and McLaren Park to the west, Mansell Street to the north, Route 101 between Mansell Street and Bayshore Boulevard to the northeast, Bayview Park to the north, Candlestick Park and Candlestick Point Recreation Area to the east, the San Francisco Bay to the southeast, and the San Francisco County line to the south.

“Visitor services.” An economic activity category under the TIDF that includes, but is not limited to, hotel use; motel use, as defined in Section 216(c) and (d); and time-share projects, as defined in Section 11003.5(a) of the California Business and Professions Code.

Waiver Agreement.” An agreement acceptable in form and substance to the City Attorney and the Planning Department under which the City agrees to waive all or a portion of the Community Improvements Impact Fee.

AMENDMENT HISTORY

CODIFICATION NOTE

1. So in Motion M13-097.

History

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 321-10, File No. 101095, App. 12/21/2010; Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 25-11, File No. 101464, App. 2/24/2011; Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 188-12 , File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Motion M13-097, File No. 130647, Ad. 7/23/2013, Eff. 8/22/2013)

"Non-residential use" amended; Ord. 196-11 , Eff. 11/3/2011. "Student Housing" amended; other definitions deleted; Ord. 188-12 , Eff. 10/11/2012. "Director of Transportation," "Museum," and "TIDF Update Report" added; "Base service standard," "Cultural/Institution/Education (CIE)," "Gross floor area," "Medical and Health Services," "PDR use," "Retail/entertainment," and "Trip generation rate" amended; other definitions deleted; Ord. 247-12 , Eff. 1/17/2013. "Eastern Neighborhoods Public Benefits Program" amended; Ord. 42-13 , Eff. 4/27/2013. "Affordable to qualifying households," "Allowable average purchase price," "Allowable average annual rent," "Maximum annual rent," "Maximum purchase price" amended; Ord. 62-13 , Eff. 5/10/2013. "Significant increase in residential development potential" added; Motion M13-097, Eff. 8/22/2013.

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