SEC. 206.2. DEFINITIONS.

The definitions of Section 102 and the definitions in Section 401 for “Area Median Income” or “AMI,” “First Construction Document,” “Housing Project,” “Life of the Project,” “MOHCD,” “On-site Unit,” “Off-site Unit,” “Principal Project,” and “Procedures Manual” shall generally apply to Section 206. The following definitions shall also apply, and shall prevail if there is a conflict with other sections of the Planning Code.

“100 Percent Affordable Housing Project” shall be a project where all of the dwelling units with the exception of the manager’s unit are “Affordable Units” as that term is defined in Section 406(b).

“Affordable to a Household of Lower, Very Low, or Moderate Income” shall mean, at a minimum (1) a maximum

purchase price that is affordable to a Household of Lower, Very Low, or Moderate Income, adjusted for the household size, assuming an annual payment for all housing costs of 33 percent of the combined household annual gross income, a down payment recommended by the Mayor’s Office of Housing and Community Development and set forth in the Procedures Manual, and available financing; and (2) an affordable rent as defined in Section 50053 of the Health and Safety Code sufficient to ensure continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

“Base Density” is lot area divided by the maximum lot area per unit permitted under existing density regulations (e.g. 1 unit per 200, 400, 600, 800, or 1000 square feet of lot area). Calculations that result in a decimal point of 0.5 and above are rounded to the next whole number.

“Density Bonus” means a density increase over the Maximum Allowable Gross Residential Density granted pursuant to Government Code Section 65915 and Section 206 et seq.

“Density Bonus Units” means those market rate dwelling units granted pursuant to the provisions of Sections 206.3, 206.5 and 206.6 that exceed the otherwise Maximum Allowable Gross Residential Density for the development site.

“Development Standard” shall mean a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open space requirement, or an accessory parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution or regulation.

“HOME-SF Unit” shall mean on-site income restricted residential units provided within a HOME-SF project that meets the requirements set forth in Planning Code Section 206.3.

“Inclusionary Units” shall mean on-site income-restricted residential units provided within a development that meet the requirements of the Inclusionary Affordable Housing Program, Planning Code Section 415 et seq.

“Lower, Very Low, or Moderate Income” means annual income of a household that does not exceed the maximum income limits for the income category, as adjusted for household size, applicable to San Francisco, as published and periodically updated by the State Department of Housing and Community Development pursuant to Sections 50079.5, 50105 or 50093 of the California Health and Safety Code. Very Low Income is currently defined in California Health and Safety Code Section 50105 as 50% of area median income. Lower Income is currently defined in California Health and Safety Code Section 50079.5 as 80% of area median income. Moderate Income is currently defined in California Health and Safety Code Section 50093 as 120% of area median income. If the State law definitions of these terms change, the definitions under Section 206 shall mirror the State law changes.

“Maximum Allowable Gross Residential Density” means the maximum number of dwelling units per square foot of lot area in zoning districts that have such a measurement, or, in zoning districts without such a density measurement, the maximum number of dwelling units that could be developed on a property while also meeting all other applicable Planning Code requirements and design guidelines.

“Qualifying Resident” means senior citizens or other persons eligible to reside in a Senior Citizen Housing Development.

“Regulatory Agreement” means a recorded and legally binding agreement between an applicant and the City to ensure that the requirements of this Chapter are satisfied. The Regulatory Agreement, among other things, shall establish: the number of Restricted Affordable Units, their size, location, terms and conditions of affordability, and production schedule. “Restricted Affordable Unit” means a Dwelling Unit within a Housing Project which will be Affordable to Very Low, Lower or Moderate Income Households, as defined in this Section 206.2 for a minimum of 55 years. Restricted Affordable Units shall meet all of the requirements of Government Code 65915, except that Restricted Affordable Units that are ownership units shall not be restricted using an equity sharing agreement.

“Senior Citizen Housing Development” has the meaning in California Civil Code Section 51.3. (Added by Ord. 143-16 , File No. 160687, App. 7/29/2016, Eff. 8/28/2016; amended by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

(Former Sec. 206.2 added by Ord. 443-78, App. 10/6/78; redesignated as Sec. 209.2 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY Non-substantive amendments; Ord. 202-18, Eff. 9/10/2018.