The purpose and intent of this chapter is as follows:
A. 
As established by the 2023 2031 housing element, increasing housing costs create displacement pressures impacting existing lower and moderate income residents. The housing element documents the increase in displacement pressures, or the involuntary relocation and/or exclusion of residents from the city. As provided in the housing element, "[n]early the entire city is vulnerable to displacement" and noting that one of the sources of the pressure is that "the growth in jobs in South San Francisco has vastly outpaced the growth in the housing stock over recent decades."
B. 
According to the 2022 5 year data from the American Communities Survey, for South San Francisco renter households earning less than or equal to $75,000, there was a gap of 1,730 affordable rental housing units and the income required to affordably purchase a median priced home in South San Francisco was $333,000; the median renter income was $94,000.
C. 
Increasing housing costs also create barriers to housing for lower and moderate income people who work in the city and want to live within the city. There is a job housing imbalance in the city that has resulted in insufficient affordable housing, displacement pressures caused by competition for available housing, long commutes, and traffic congestion. According to the 2019 South San Francisco General Plan Update (Transportation Element), a person commuting into the city on average spends more than two hours traveling to and from work.
D. 
Pursuant to Government Code Section 7061, California has recognized residential preferences as a legitimate anti displacement policy.
The local preference will mitigate the potential displacement impact of development in the city by providing existing city residents opportunity to afford housing within the city and so reducing displacement of existing residents. The local preference will also mitigate the negative impacts of the job housing imbalance by providing the opportunity for people working within the city to live near their workplaces, mitigating the negative environmental and traffic impacts of long commutes.
(Ord. 1670, 3/26/2025)
A. 
For purposes of this chapter, "affordable residential unit" is a dwelling unit that is subject to a deed restriction, regulatory agreement, or other agreement between the city and owner to satisfy the requirements of Chapter 20.380 (Inclusionary Housing Regulations), Chapter 20.390 (Bonus Residential Density), the terms of city financing, city land disposition agreement, or terms other financial support from the city.
B. 
The preferences described in Section 8.100.030 shall apply to the following residential unit(s), unless the preferences are demonstrated to violate fair housing laws:
1. 
Affordable residential units provided to meet the inclusionary housing requirements of Chapter 20.380 (Inclusionary Housing Regulations);
2. 
Affordable residential units provided to qualify a project for a density bonus pursuant to Chapter 20.390 (Bonus Residential Density);
3. 
Affordable residential units that receive financing, land, or other financial support from the city for new construction, substantial rehabilitation, or acquisition of the affordable unit(s).
C. 
The Economic and Community Development Director may from time to time adopt guidelines with regards to procedures for qualifying applicants for the local preference, monitoring, relevant administrative provisions, and means of compliance with the requirements of this chapter.
(Ord. 1670, 3/26/2025)
A. 
When selecting tenants or homebuyers for affordable residential unit(s) subject to the requirements of this chapter, owners of the affordable residential unit(s) shall implement a preference policy prioritizing the selection of applicants who meet any of the following requirements:
1. 
At least one member of the applicant household performs at least 20 hours of work within each calendar week for an employer within the city;
2. 
At least one member of the applicant household currently resides within the city;
3. 
At least one member of the applicant household has previously resided in the city;
4. 
At least one member of the applicant household has received and accepted a bona fide offer of employment within the city.
B. 
The preference policy shall be included as a term in the regulatory agreement or other agreement between the city and the owner of the affordable residential unit(s). Prior to offering the affordable residential unit for sale or for rent, the owner must provide a marketing plan which describes the project's procedures for providing preferences as required and for determining that potential renters and homebuyers are entitled to the preferences required by this chapter.
C. 
A household shall demonstrate eligibility for the local preference by providing documentation as required in the guidelines adopted by the Economic and Community Development Director pursuant to Section 8.100.020(C).
(Ord. 1670, 3/26/2025)
During the term of affordability required under Chapter 20.380 (Inclusionary Housing Regulations), Chapter 20.390 (Bonus Residential Density), or regulatory period imposed as a condition of the financing, land disposition, or other financial support from the city, as applicable, the preference shall be implemented whenever an affordable residential unit subject to this chapter is made available for rent or sale.
(Ord. 1670, 3/26/2025)
A. 
The provisions of this chapter shall apply to all owners and their agents, successors and assigns of affordable residential units governed by this chapter.
B. 
The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter. In the event the city must institute legal action to enforce the provisions of this chapter, the city shall be entitled to recover its administrative costs, including reasonable attorneys' fees, in addition to any other remedy provided by the court.
(Ord. 1670, 3/26/2025)