SEC. 249.43. THIRD STREET AND LE CONTE AVENUE AFFORDABLE

In order to provide for affordable rental opportunities for very low and lower income households, there shall be a Third Street and Le Conte Avenue Affordable Housing Special Use District at 6600 Third Street located at the northeast corner of the block bounded by Le Conte Avenue, Third Street and Keith Street, consisting of Lot 9 of Assessor's Block 5476, as designated on Sectional Map SU10 of the Zoning Map. The following provisions shall apply within such special use district:

(a) Any developer of housing who agrees to construct all of the units of a housing development for very low income or lower income households 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 at least 2.3 times the otherwise maximum allowable residential density under the applicable RM-1 zoning ordinance (one unit per 800 square feet of lot area), which is equivalent to an additional 40 units over the currently permitted 33 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 very low or lower income.

(3) "Housing development" shall mean five or more dwelling units.

(4) "Lower income households" shall mean a household composed of one or more persons with a combined annual net income for all adult members which does not exceed the qualifying limit for a lower income family of a size equivalent to the number of persons residing in such household, as set forth for the County of San Francisco in Title 25 of the California Code of Regulations Section 6932.

(5) "Very low income households" shall mean a household composed of one or more persons with a combined annual net income for all adult members which does not exceed the qualifying limit for a very low income family of a size equivalent to the number of persons residing in such household, as set forth for the County of San Francisco in Title 25 of the California Code of Regulations Section 6932.

(c) In this special use district all of the provisions of this Code applicable to residential development in an RM-1 Zoning District shall continue to apply, except as specifically provided in Subsection (d).

(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 critical goal of creating affordable housing. A planned unit development approval for a housing development subject to this Section may grant the density bonus and the following modifications and exceptions to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Section 304(d) 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 housing.

(1) A modification of or exception to the off-street parking requirements of Section 151 of this Code to allow a reduction in the number of required parking spaces to 21 spaces; and;

(2) A modification of or exception to the rear yard requirements of Section 134 of this Code; and

(3) A modification of the height measurement point to allow the building height to be measured from the mid-point of the Third Street frontage.

(e) In evaluating a planned unit development use application to grant the density bonus and modifications to or exceptions from the Planning Code under 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 a building or site permit for the units as described in Subsection (a) has not been issued by December 31, 2014, the controls of this Section 249.43 shall expire on January 1, 2015.

(Added by Ord. 262-09, File No. 091036, App. 12/18/2009)