SEC. 207.6. REQUIRED MINIMUM DWELLING UNIT MIX IN RTO, RCD

(a) Purpose. In order to foster flexible and creative infill development while maintaining the character of the district, dwelling unit density is not controlled by lot area in RTO, NCT, and Eastern Neighborhoods Mixed Use Districts but rather by the physical constraints of this Code (such as height, bulk, setbacks, open space, and dwelling unit exposure). However, to ensure an adequate supply of family-sized units in existing and new housing stock, new residential construction must include a minimum percentage of units of at least two bedrooms. In the Pacific Avenue and Polk Street Neighborhood Commercial Districts, and the Van Ness & Market Residential Special Use District, a dwelling unit mix requirement addresses the need for family-sized housing production in these districts.

(b) Applicability.

(1) This Section shall apply in the RTO, RCD, NCT, DTR, Eastern Neighborhoods Mixed Use Districts, the Van Ness & Market Residential Special Use District, and the Pacific Avenue and Polk Street NCDs.

(2) This Section shall apply to all applications for building permits and/or Planning Commission entitlements that propose the creation of five or more Dwelling Units.

(3) This Section does not apply to buildings for which 100 percent of the residential uses are: Group Housing, Dwelling Units that are provided at below market rates pursuant to Section 406(b)(1) of this Code, Single Room Occupancy (SRO) Units, Student Housing (all as defined in Section 102 of this Code) or housing specifically and permanently designated for seniors or persons with physical disabilities.

(4) This Section 207.6 shall not apply to applications for permits or entitlements to construct Accessory Dwelling Units or Junior Accessory Dwelling Units.

(c) Controls. For all RTO, RCD and NCT districts, as well as DTR, Eastern Neighborhoods Mixed Use Districts, the Van Ness & Market Residential Special Use District, and the Pacific Avenue and Polk Street NCDs, one of the following three must apply:

(1) no less than 40% of the total number of proposed Dwelling Units shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units, or

(2) no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units, or

(3) no less than 35% of the total number of proposed Dwelling Units shall contain at least two or three bedrooms with at least 10% of the total number of proposed Dwelling Units containing three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units.

(d) Modifications.

(1) In NCT, RCD, RTO and the Pacific Avenue and Polk Street NC Districts, these requirements may be waived or modified with Conditional Use Authorization. In addition to those conditions set forth in Section 303, the Planning Commission shall consider the following criteria:

(A) The project demonstrates a need or mission to serve unique populations, or

(B) The project site or existing building(s), if any, feature physical constraints that make it unreasonable to fulfill these requirements.

(2) In Eastern Neighborhoods Mixed Use Districts, these requirements may be waived in return for provision of family-sized affordable units, pursuant to Section 419 et seq. To receive this waiver, 100 percent of the total number of inclusionary units required under Section 415 et seq. or Section 419 et seq. shall contain at least two bedrooms. Also in Eastern Neighborhoods Mixed Use Districts, these requirements may be waived or modified through the Variance process set forth in Section 305, or in the case of projects subject to Section 329, through the procedures of that section.

(3) In DTR Districts, these requirements may be modified per the procedures of Section 309.1.

(4) In the Van Ness & Market Residential Special Use District, these requirements may only be modified pursuant to the procedures of Section 309, regardless of the underlying zoning district.

(e) Monitoring. The Department shall monitor projects that choose Option (2) or (3) in subsection (c) above and shall include that data in the annual Housing Inventory starting in 2019.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 188-12, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 98-17, File No. 160281, App. 5/19/2017, Eff. 6/18/2017; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

AMENDMENT HISTORY

Division (b)(3) amended; Ord. 188-12, Eff. 10/11/2012. Section header and divisions (b)(1), (b)(3), (c)(2), and (d)(1) amended; Ord. 42-13, Eff. 4/27/2013. Division (b)(3) amended; Ord. 56-13, Eff. 4/27/2013. Division (d)(2) references corrected; Ord. 62-13, Eff. 5/10/2013. Division (b)(3) amended; Ord. 22-15, Eff. 3/22/2015. Division (a) amended; divisions (c) - (c)(2)(B) amended and redesignated as (c) - (c)(2); divisions (c)(3) and (e) added; Ord. 98-17, Eff. 6/18/2017. Section header and divisions (a), (b)(1), (c), (c)(3), (d)(1), and (e) amended; Ord. 205-17, Eff. 12/3/2017. Division (c) amended; Ord. 63-20, Eff. 5/25/2020. Section header and divisions (a), (b)(1), and (c) amended; division (d)(4) added; Ord. 126-20, Eff. 8/31/2020. Division (b)(4) added; Ord. 62-24, Eff. 4/28/2024.