SEC. 249.24. HAIGHT STREET SENIOR AFFORDABLE HOUSING

In order to provide for affordable housing for very low and low-income seniors, there shall be a Haight Street Senior Affordable Housing Special Use District, consisting of Lots 11 and 14 of Assessor's Block 1234, as designated on Sectional Map 7SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Any developer of housing who agrees to construct at least (i) 20 percent of the total units of a housing development for lower-income households, or (ii) 10 percent of the total units of a housing development for very low-income households, or (iii) at least 50 percent of the total dwelling units of a housing development for occupancy by at least one person 62 years of age or older shall be entitled to a density bonus to permit the construction of residential units in excess of the number otherwise permitted for the subject property.

(b) For purposes of this Section, the following definitions shall apply:

(1) "Density bonus" shall mean a density increase of six (6) dwelling units over the number of dwelling units otherwise permitted for the subject property. The density bonus shall not be calculated as part of the total units for purposes of determining the percentage of designated units.

(2) "Designated unit" shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of lower or very low income or occupied by at least one person 62 years of age or older.

(3) "Housing development" shall mean thirty-four (34) or more dwelling units.

(4) "Lower income households" is defined in Section 50079.5 of the Health and Safety Code.

(5) "Very low income households" is defined in Section 50105 of the Health and Safety Code.

(c) In this special use district, all applicable provisions of the Planning Code shall continue to apply, except as otherwise provided in this Section 249.24.

(d) In this special use district, a modification to or exception from otherwise applicable requirements of this Code may be appropriate in order to further the goal of creating affordable senior housing. A conditional use approval for a development subject to this section may modify or grant the following modifications to or exceptions from otherwise applicable requirements of this Code, if the facts presented are such as to establish that the modification or exception satisfies the criteria of Section 303(c) of this Code. The following modifications to or exceptions from the requirements of this Code are appropriate in order to further the goal of creating affordable senior housing.

(1) A modification of or exception to the rear yard requirements of Section 134 of this Code to reduce the rear yard setback to no less than approximately 3 feet 7 inches or such other amount as provided by the current building footprint;

(2) A modification of or exception to the dwelling unit exposure requirements of Section 140 of this Code to provide that the required windows specified in Section 140 may face a public alley, public street or side yard which is less than 25 feet in width, as provided by the current building footprint;

(3) A modification of or exception to the parking requirements of Section 151 of this Code to provide one parking space for each 10 dwelling units;

(4) A modification of or exception to the height limitations of Section 260(b)(1)(B) of this Code to permit an average building height of approximately 60 feet based on the slope of the property within this special use district, or such other height as provided by the current building height;

(5) A modification of or exception to the open space requirements of Section 135 of this Code to reduce the open space requirements for 40 dwelling units to approximately 820 square feet.

(e) In evaluating a conditional use application to grant a density bonus or exceptions to the Planning Code pursuant to this section, the Planning Commission shall consider the extent to which the dwelling units of a proposed housing development would be affordable.

(f) In the event that the units as described in Subsection (a) are not constructed as specified by December 31, 2008, the controls of this Section 249.23 shall expire on January 1, 2009.

(Added by Ord. 49-03, File No. 030155, App. 4/3/2003)