SECTION 1.
Section 65915.4 is added to the Government Code, to read:
65915.4.
(a) If a city, county, or city and county the City and County of San Francisco has adopted an ordinance requiring an affordable housing minimum percentage for housing developments, the city, county, or city and county shall may apply that ordinance to the total number of housing units in the development, including any additional housing units granted pursuant to Section 65915, unless the city, county, or city and county exempts those additional housing units from the ordinance. after there has been an affirmative declaration made by the Department of Housing and Community Development that the affordable housing minimum percentage required is broadly feasible for density bonus projects, which the department shall make by June 30, 2018. The feasibility assessment shall include, but not be limited to, confirmation that the minimum percentage will not reduce the amount of total housing produced pursuant to the density bonus, and will not reduce the amount of affordable housing produced pursuant to the density bonus. Any affirmative declaration by the department shall expire on June 30 of the following calendar year, at which point it may be reauthorized by the department for one year, as provided above. This reauthorization shall be sent with the department’s response to the City and County of San Francisco’s annual production report, outlined in paragraph (2) of subdivision (a) of Section 65400. If the department fails to issue an affirmative or negative declaration to reauthorize by June 30 of the following calendar year, the City and County of San Francisco may apply that ordinance to development for a one-time, one-year grace period, after which the authorization shall lapse until the department issues an affirmative declaration. (b) This section does not apply to an applicant seeking a density bonus for a proposed housing development if his or her application was submitted to, or processed by, the City and County of San Francisco before January 1, 2018.
SEC. 2.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the uniquely severe shortage of affordable housing within the City and County of San Francisco.