§ 803.8.

HOUSING IN MIXED USE DISTRICTS

a.

Low-Income Affordable Housing Within the Service/Light Industrial District. Dwelling units and SRO units may be authorized in the SLI District as a conditional use pursuant to Sections 303, 316, 817.14, and 817.16 of this Code provided that such dwellings units shall be rented, leased or sold at rates or prices affordable to a household whose income is no greater than 80 percent of the median income for households in San Francisco (“lower income household”), as determined by Title 25 of the California Code of Regulations Section 6932 and implemented by the Mayor’s Office of Housing.

1.

“Affordable to a household” shall mean a purchase price that a lower income household can afford to pay based on an annual payment for all housing costs of 33 percent of the combined household annual net income, a 10-percent down payment, and available financing, or a rent that a household can afford to pay, based on an annual payment for all housing costs of 30 percent of the combined annual net income.

2.

The size of the dwelling unit shall determine the size of the household in order to calculate purchase price or rent affordable to a household, as follows:

A.

For a one-bedroom unit, a household of two persons;

B.

For a two-bedroom unit, a household of three persons;

C.

For a three-bedroom unit, a household of four persons;

D.

For a four-bedroom unit, a household of five persons.

3.

No conditional use permit will be approved pursuant to this Subsection 803.8(b) unless the applicant and City have agreed upon enforcement mechanisms for the provisions of this Subsection which are acceptable to the City Attorney. Such enforcement mechanisms may include, but not be limited to, a right of first refusal in favor of the City, or a promissory note and deed of trust.

4.

The owner(s) of dwelling units authorized pursuant to this Subsection shall submit an annual enforcement report to the City, along with a fee whose amount shall be determined periodically by the Planning Commission to pay for the cost of enforcement of this Subsection. The fee shall not exceed the amount of such costs. The annual report shall provide information regarding rents, mortgage payments, sales price and other housing costs, annual household income, size of household in each dwelling unit, and any other information the City may require to fulfill the intent of this Subsection.

b.

Housing Requirement in the Residential/Service District.

1.

Amount Required. Nonresidential uses subject to Sections 815.26, 815.28, 815.30, 815.31 through 815.47, and 815.59 through 815.65, of this Code shall be permitted in new construction in the Residential/Service District only if the ratio between the amount of occupied floor area for residential use to the amount of occupied floor area of the above-referenced nonresidential use is three to one or greater.

2.

Means of Satisfying the Housing Requirement.

A.

The residential space required pursuant to this Subsection may be satisfied by payment of a one-time in-lieu fee equal to $30 per square foot of residential space required by this Subsection and not provided on-site payable to the City’s Affordable Housing Fund administered by the Mayor’s Office of Housing; or

B.

The residential space requirement may be satisfied by providing the required residential space elsewhere within the South of Market Mixed Use District where housing is permitted or conditional and is approved as a conditional use.

c.

Housing Requirement in the Mixed Use – Residential (MUR) District. In new construction in the MUR District, three square feet of gross floor area for residential use is required for every one gross square foot of permitted nonresidential use, subject to Section 841 of this Code.

AMENDMENT HISTORY

History

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 287-13 , File No. 130041, App. 12/26/2013, Eff. 1/25/2014)

Division (d) amended; Ord. 196-11 , Eff. 11/3/2011. Former division (a) deleted and former divisions (b) through (d) redesignated as (a) through (c); in current division (b)(2), former subdivision (A) deleted and former subdivisions (B) and (C) redesignated as (A) and (B); Ord. 287-13 , Eff. 1/25/2014.

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