o0034-17

ILE NO. 160925 AMENDED IN BOARD 1/31 /2017 ORDINANCE NO. 34-17 Planning Code - Transportation Demand Management Program Requirement] I Ordinance amending the Planning Code to establish a citywide Transportation Demand !Management (TOM) Program, to require Development Projects to incorporate design 1features, incentives, and tools that support sustainable forms of transportation; to !create a new administrative fee to process TOM Plan applications and compliance I [reports; and to make conforming amendments to various sections of the Planning I Code; affirming the Planning Department's determination under the California Environmental Quality Act, and making findings of public necessity, convenience, and welfare under Planning Code Section 302, and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough iffflics Times }kw Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Findings. The Board of Supervisors of the City and County of San I Francisco hereby finds and determines that: (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources I Code Section 21000 et seq.). Said determination is on file with the Clerk of the Board of I 1Supervisors in File No. 160925, and is incorporated herein by reference. The Board affirms this determination. Supervisors Cohen; Sheehy, Farrell, Breed, Safai !BOARD OF SUPERVISORS Page 1 (b) On 2/7 /2017, the Planning Commission, in Resolution No. , the Board of Suoervisors adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its ovm. A copy of said Resolutio n A Memorandum from the Plannina Deoartment discussina the ordinance's consistencv with he General Plan and Plannina Code Section 101.1 is on file with the Clerk of the Board of !Supervisors in File No. 160925, and is incorporated herein by reference. The Board adopts I 1those findinas as its own. (c) On August 4, 2016, the Planning Commission, in Resolution No. 19715, approved this legislation, and recommended it for adoption by the Board of Supervisors=, A Memorandum from the Planning Department discussing how public necessity, convenience and welfare· require adoption of this ordinance is on file with the Clerk of the Board of Supervisors in File No. 160925. and is incornorated herein by reference. The Board adopts those findings as its own. and adopted findings that it will serve the public necessity, convenience and \Velfare. Pursuant to Planning Code Section 302, the Board adopts these findings as its own. A copy of said Planning Commission Resolution No. 19715. recommending adoption of this Ordinance, is on file with the Clerk of the Board of Supervis ors in File No. 160925 and is incorporated herein by reference. Section 2. The Planning Code is hereby amended by adding Sections 169, 169.1, 169.2, 169.3, 169.4, 169.5, and 169.6, to read as follows: SEC. 169. TRANSPORTATION DEMAND MANAGEMENT PROGRAM. Sections 169 through 169. 6 (h,ereafter referred to collectively as "Section 169 ") set forth the requirements ofthe Transportation Demand Management Program (TDM Program). Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Pa ge 2 SEC. 169.1. FINDINGS. (a) According to Plan Bay Area 2040. the long-range integrated transportation and land- or the San Francisco Ba Area throu h 2040 ado ted in 2013 b the Association (k) This growth will generate an increased demand for transportation infrastructure and row th ublic health and sa e concerns caused b reenhouse as GHG (c) The Transportation Sustainability Program, or TSP. is aimed at accommodating this new growth while minimizing its impact on San Francisco's transportation system. It is a joint effgrt of the Mayor's Office. the Planning Department. the San Francisco County Transportation Authority. and the San Francisco Municipal Transportation Agency that has spanned many years and has involved a robust process ofpublic outreach and discussion. The TSP includes three separate but related policy initiatives: the Transportation Sustainability Fee {TSF).· the modernization ofSan Francisco's [ environmental review process under the California Environmental Quality Act (CEQA),· and the Transportation Demand Management (TDM) Program. (1) The first component, the TSF, seeks to fund transportation improvements to support new growth by charging a development impact fee on new development. The City approved the TSF in 2015 with the enactment of Ordinance No. 200-15 (Board ofSupervisors File No. 150790). (2) The second component. the modernization o[the environmental review process under CEQA. has been shepherded by the State under Senate Bill 743 (Stats. 2013. C. 386, now 1Supervisors Cohen; Sheehy, Farrell, Breed, Safai !BOARD OF SUPERVISORS Page 3 codified in Public Resources Code Section 21099). SB 7 43 reauired the Office of Plannimz and Research (QPR) to develov new zuidelines to revlace the existinf! transvortation review standard f'ocused on automobile delav with new criteria that "vromote the reduction of f!reenhouse zas emissions the develovment of multimodal transvortation networks and a diversitv of land uses. " OPR ~ecommended a replacement metric o[_Vehicle Miles Traveled, or VMT, that is, the amount and I ~istance o[_automobile travel attributable to a protect. The Planning Commission unanimous!}!. I 'annroved a Resolution adovtinf! chanzes consistent with imvlementation of SB 7 43 including the use o Vehicle Miles Traveled as the metric for calculatinz transvortation-related environmental imvacts at its hearinf! on March 3 2016 (Planninf! Commission Resolution No. 19579). (3) The third component creates the TDM Program, detailed in Section 169. The TDM Program seeks to promote sustainable travel modes bl!. requiring new development wof ects to incorporate design features, incentives, and tools that support transit, ride-sharing, walking. and bic}!.cle riding (or the residents, tenants, emplowes, and visitors o[_their wotects. (d) State and regional governments have enacted man}!. laws and polic}!. initiatives that vromote the same sustainable transvortation zoals the TDM Prozram seeks to advance. For instance at the state level. the Congestion Management Law, Gov. Code Section 65088, establishes that to reduce the state's traffic congestion crisis and "keep California moving." it is important to build transit-oriented development, revitalize the state's cities, and womote all forms o[_transportation. IAssembl}!. Bill 32, the California Global Warming Solutions Act 0[_2006 (Chapter 488, Statutes of 12006), requires statewide GHG reductions to 1990 levels bl!. 2020. Executive Orders B-30-15, S-3-05 and B-16-12 set forth GHG reduction targets bewnd that }!_ear, to 2050. Senate Bill 3 7 5, the Sustainable Communities and Climate Protection Act 0[_2008 (Chaf2fer 728, Statutes 0[_2008) supports the state's climate action goals to reduce GHG emissions through coordinated transportation and land use planning with the goal o[_creating more sustainable communities. Under this statute, the California Air Resources Board establishes GHG reduction targets (or metropolitan planning Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 4 I on!anizations based on land use vatterns and transuortation svstems suecified in Retzional Transuortation Plans and Sustainable Communitv Stratezies. Plan Bav Area 2040 sets GHG and Vehicle Miles Traveled reduction tarzets and a tarzet for increasinz non-automobile mode share for the Bav Area. (e) In addition, San Francisco has enacted many laws and policy initiatives that promote the same sustainable transportation goals the TDM Program seeks to advance. The "Transit First !Policy," in Section 8A.115 o[the City Charter, declares that public transit is "an economically and environmentally sound alternative to transportation by individual automobiles, " and that within the City, "travel by public transit, by bicycle and on foot must be an attractive alternative to travel by 1vrivate automobile. " The GHG Reduction Ordinance codified at Chauter 9 of the Environment Code sets GHG reduction emission targets of25% below 1990 levels by 2017; 40% below 1990 levels by 12025; and 80% below 1990 levels by 2050. The City's Climate Action Strateg)!_, prepared pursuant to ! lthe GHG Reduction Ordinance, has identifled a target o[_having 50% o[total trips within the City be I lmade by modes other than automobiles by 2017, and 80% by 2030. I One o{_the ways identifled to I I !achieve this target is through TDM for new development. (!) San Francisco has long acknowledged the importance o[_TDM strategies in the Transportation Element o[the City's General Plan, the San Francisco County Transportation Plan, and many Area Plans. For example, each o[the Area Plans within Eastern Neighborhoods and the Transit Center District Plan identifY policies for the development o[_a TDM program within them. (g) The TDM Program set forth in Section 169 requires new projects subject to its requirements to incorporate design f§atures, incentives, and tools to encourage new residents, tenants, I !employees, and visitors to travel by sustainable transportation modes, such as transit, walking, ride- !sharing, and biking, thereby reducing Vehicle Miles Traveled associated with new development. The goals o[the TDM Program are to help keep San Francisco moving as it grows, and to promote better Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 5 . 15 I environmental health and safetv outcomes consistent with the state reJ?ional and local nolicies mentioned above. (h) For projects that use Development Agreements and may not be required to comply fully with the reauirements of Section 169 it is the Board of Suvervisors' stronf! vreference that Develovment Arrreements should include similar vrovisions that meet the zoals of the TDM Prozram. (i) The Board of Supervisors finds that it is in the public interest to exempt affordable housina from the fees and reauirements of the TOM Proaram in order to nromote this imoortant Citv oolicv and orioritv and also because these oroiects aenerallv aenerate less VMT. A 2014 study by Transform and California Housing Partnership Corooration, "Why creating and preserving affordable homes near transit is a highly effective climate protection strategy," finds that "Higher Income households [defined as above 120% of area median income] drive more than twice as many miles and own more than twice as many vehicles as Extremely Low-Income households [defined as 30% or less of AMIJ living within 1/4 mile of frequent transit." which demonstrates how the TOM value for on-site affordable housing units is laraely dependent on the level of affordability of the targeted households . (j) The Board of Supervisors finds that it is in the public interest to exempt some uses from the TOM Program fees. in order to promote other important City policies and priorities. such as the goals and missions of City-funded charitable health and human service organizations. As such, the Board of Supervisors finds that parking spaces dedicated to service vehicles provided for City-funded charitable health and human service organizations shall be excluded from the definition of a parking space in the TOM Program Standards. SEC. 169.2. DEFINITIONS. For purpose ofSection 169, the following definitions shall apply. In addition, see the Planning Commission Standards for the Transportation Demand Management Program (TDM Program Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 6 ~tandard> ), described in Section 16 9. 6, fjJr additional definitions o[lerms ar!J!.licable to this Section 1169. Approval. Any required approval or determination on a Development Application that the Planninf! Commission Planninf! Devartment or Zoninf! Administrator issues. Development Application. As defined in Section 401. Development Project. As defined in Section 401. Transportation Demand Management, or TDM Design features, incentives, and tools imvlemented bv Develovment Proiects to reduce VMT. bv helvinf! residents tenants emnlovees and visitors choose sustainable travel options such as transit, bicycle riding, or walking. Transportation Demand Management Plan, or TDM Plan. A Development Project's plan describing compliance with the TDM Program. Transportation Demand Management Program, or TDM Program. The San Francisco policy requiring Development Projects to incorporate TDM measures in their proposed projects, as set forth in Section 169. Vehicle Miles Traveled, or VMT. A measure o(the amount and distance that a Development Project causes people to drive, as set forth in more detail by the Planning Commission in the TDM Program Standards prepared pursuant to Section 169. 6. SEC. 169.3. APPLICABILITY. (a) Except as provided in subsection (b), Section 169 shall apply to any Development Project in San Francisco that results in: (I) Ten or more Dwelling Units, as defined in Section 102; or (2) Ten or more bedroomss_.QLffi-a Group Housing or Residential Care FacilityL as thisese terms_ are is defined in Section 102; or I I !supervisors Cohen; Sheehy, Farrell, Breed, Safai !BOARD OF SUPERVISORS Pag e7 I (3) Any new construction resulting in 10, 000 occupied square feet or more of any use other than Residential as this term is defined in Section 102 excludim! anv area used for accessorv I I I varkinf!.' or (4) Any Change of Use resulting in 25, 000 occupied square feet or more of any use other than Residential as this term is defined in Section 102 excludinf! anv area used for accessorv varkinz, as set forth in the TDM Prof!ram Standards if' (A) The Change of Use involves a change from a Residential use to any use other than Residential· or (Bl The Change o[_ Use involves a change fjom any use other than I Residential, to another use other than Residential. (52 For any Development Protect that has been required to finalize and record a I iTDM Plan]2_ursuant to Section 169.4 below, any increase in accessory parkings]2_aces or Parking I !Garage spaces within such Development Protect that results in an increase in the requirements o[the TDM Standards shall be required to modif'y such TDM Plan pursuant to Section 169.4(/) below. {Q) Exemptions. Notwithstanding subsection (al, Section 169 shall not apply to the followinz: (12 One Hundred Percent Affordable Housing Protects. Residential uses within Develo]2_ment Protects where all residential units are affordable to households at or below 150% 120% o[_the Area Median Income, as defined in Section 401, shall not be subtect to the TDM Program. Any uses other than Residential within those protects, whose ]2_rimary purpose is to provide services to the Residential uses within those protects shall also be exem]2_t. Other uses shall be subtect to the TDM vrof!ram. All uses shall be subiect to all other annlicable reauirements of the Planninf! Code. I (22 Parking Garages and Parking Lots, as defined in Section 102. However, parkin g I I [spaces within such Parking Garages or Parking Lots, when included within a larger Development I Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 8 (c) When determining whether a Development Project shall be subject to the TDM ro ram the Develo ment Pro ·ect shall be considered in its entire . A Develo ment Pro ·ect shall not (d) The TDM Program shall not apply to any Development Project that receives Approval a-any Development Application or Development Agreement before the effective date ofthis r,el Development Projects with a Development Application filed or an Environmental lication deemed com lete on or before Se tember 4 2016 shall be sub·ect to 50% of the licable tar et as defined in the Plannin Commission's Standards. Develo ment Pro·ects lication deemed com lete on lication on or after Se tember 5 ,2016. and before January 1. 2018. shall be subject to 75% of tAe such target. Development !Projects with a Development Application on or after Januarv 1. 2018 shall be subject to 100% I lot tAe such taraet. SEC. 169.4. TRANSPORTATION DEMAND MANAGEMENT PLAN REQUIREMENTS. (a) A property owner shall submit a proposed TDM Plan along with the Development Project's first Development Application. For all projects that require a pre application community !meeting, the Project Sponsor shall present a draft TOM Plan at that pre application meeting and solicit feedback from the local community to be taken into consideration in preparing the proposed TOM Plan for submittal to the Planning Department. For all projects that require a [community meeting occur prior to project application. the Project Sponsor shall discuss [potential TOM measures and program standards at that meeting and solicit feedback from the I Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 9 local community to be taken into consideration in preparing the proposed TOM Plan for submittal to the Planning Department. If the Planning Department requires any preliminary application or assessment prior to the project application, the project sponsor shall submit a draft TOM plan at that time. The proposed TDM Plan shall document the Development Project's proposed compliance with Section 169 and the Planning Commission's TDM Program Standards. {Q) The proposed TDM Plan shall be reviewed in conjunction with the approval o[the first Development Application (or the Development Project. (c) Compliance with the TDM Program, including compliance with a finalized TDM Plan, shall be included as a Condition of Approval oft he Development Project. The Planning Commission shall not waive, reduce, or adjust the requirements o[the TDM Program through the approval processes described in Sections 304, 309, 329 or any other Planning Commission approval process I that allows (or exceptions. (d) The Development Project shall be subject to the TDM Program Standards in effect at the time o(its first Development Project ApplicationApproval. ![the Planning Commission has issued revised TDM Program Standards subsequent to tAat the date of the Development Project's first Development Project Approval Application was filed, then the property owner may elect to have the Development Project be subject to the later-approved TDM Program Standards, but if so, must meet all requirements of such revised Standards. (e) The Zoning Administrator shall approve and order the recordation ofa Notice in the O{jicial Records of the Recorder ofthe City and County of San Francisco (or the subject property prior to the issuance of a building or site permit. This Notice shall include the Development Project's final TDM Plan and detailed descriptions of each TDM measure. (f) Upon application of a property owner, after a TDM Plan is finalized and the associated building or site permit has been issued, a Development Project's TDM Plan may be modified in accordance with procedures and standards adopted by the Planning Commission in the TDM Program Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 10 Standards. However, ifsuch modification to an existing TDM Plan is required pursuant to Section J 69.3(a){5) above, the modified TDM Plan shall be finalized in accordance with the procedures and requirements ofthe TDM Standards in effect at the time o[the modification. (g) Property owners shall pay administrative fees with the application. periodic compliance review. and voluntarv update review of their TOM Plans. as set forth in the Planning Department Fee Schedule. SEC. 169.5. MONITORING, REPORTING AND COMPLIANCE. (a) Prior to the issuance ofa first certificate of occupancy, the property owner shall facilitate a site inspection by Planning Department staff to confirm that all approved physical improvement measures in the Development Project's TDM Plan have been implemented and/or installed. The property owner shall also provide documentation that all approved programmatic measures in the Development Project's TDM Plan will be implemented. The process and standards for determining compliance shall be specified in the Planning Commission's TDM Program Standards. Throughout the life of the Development Project, the property owner shall: (1) Maintain a TDM coordinator, as defined in the Planning Commission's TDM Program Standards, who shall coordinate with the City on the Development Project's compliance with its approved TDM Plan. (2) Allow City staff access to relevant portions ofthe property to conduct site visits, surveys, inspection ofphvsical improvements, and/or other empirical data collection, and facilitate in- person, phone, and/or e-mail or web-based interviews with residents, tenants, employees, and/or visitors. City staffs hall provide advance notice of any request for access and shall use all reasonable efforts to protect personal privacy during visits and in the use of any data collected during this process. {3) Submit periodic compliance reports to the Planning Department, as required by the Planning Commission's TDM Program Standards. Supervisors Cohen; Sheehy, Farrell, Breed, Safai I BOARD OF SUPERVISORS Page 11 SEC. 169.6. TRANSPORTATION DEMAND MANAGEMENT PROGRAM STANDARDS. (a) The Planning Commission, with the assistance of the Planning Department and in consultation with staffofthe San Francisco Municipal Transportation Agency and the San Francisco County Transportation Authority. shall adopt the Planning Commission Standards for the Transportation Demand Management Program. or TDM Program Standards. The TDM Program Standards shall contain the specific requirements necessary for compliance with the TDM Program. The TDM Program Standards shall be updated from time to time, as deemed appropriate bv the Planning Commission, to reflect best practices in the field of Transportation Demand Management. {k) When preparing, adopting, or updating the TDM Program Standards, the Planning Commission shall consider the primary goals of Section 169, that is. to reduce VMT from new development in order to maintain mobility as San Francisco grows. and to achieve better environmental. health and safety outcomes. In addition. the Planning Commission shall consider the .following principles: (1) The requirements ofthe TDM Program. as set forth in the TDM Program Standards, shall be proportionate to the total amount of VMT that Development Projects produce, and shall take into account site-specific information, such as density, diversity ofland uses, and access to travel options other than the private automobile in the surrounding vicinity. (2) The TDM Program Standards shall provide flexibility for Development Projects to achieve the purposes ofthe TDM Program in a way that best suits the circumstances of each Development Project. To that end, the TDM Program Standards shall include a menu o(TDM measures from which to choose. Each measure in this TDM menu shall be designed to reduce VMT by site residents, tenants. employees, or visitors. as relevant to the Development Project, and must be under the control ofthe developer. property owner, or tenant. Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 12 (3) Each ofthe TDM measures in the TDM Program Standards shall be assigned a number ofpoints, reflecting its relative effectiveness to reduce VMI'. This relative effectiveness determination shall be grounded in literature review, local data collection, best practice research, and/or professional transportation expert opinion, and shall be described in the TDM Program Standards. (c) One year after the effective date of the TOM Program. the Planning Department shall prepare a report analyzing the implementation of the TOM Program and describing any changes to the TOM Program Standards. Every four years, following the periodic updates to the San Francisco Countywide Transportation Plan that the San Francisco County Transportation Authority prepares, the Planning Department shall prepare a report containing the same informationanalyzing the implementation of the TOM Program and describing any changes to the TOM Program Standards. The Planning Department shall present such reports to the Planning Commission. and aR:€I- may present -it them to tAe the Board o[Supervisors during a public hearingsLif a Supervisor chooses to request a hearing on the matter. Section 3. The Planning Code is hereby amended by revising Sections 102, 151, 163, 166,- and 305, and 357 to read as follows: SEC. 102. DEFINITIONS. * * * * Floor Area, Gross. * * * * (b) "Gross Floor Area" shall not include the following: * * * * Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 13 (21) Any area devoted to bicycle parking. bicycle maintenance rooms. or car share spaces when such features are provided as part of a Development Project's compliance with the Transportation Demand Management Program set forth in Section 169 of the Planning Code. * * * * SEC. 151. SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES. (a) Applicability. Off-street parking spaces shall be provided in the minimum quantities specified in Table 151, except as otherwise provided in Section 151.1 and Section 161 of this Code. Where the building or lot contains uses in more than one of the categories listed, parking requirements shall be calculated in the manner provided in Section 153 of this Code. Where off-street parking is provided which exceeds certain amounts in relation to the quantities specified in Table 151, as set forth in subsection (c), such parking shall be classified not as accessory parking but as either a principal or a conditional use, depending upon the use provisions applicable to the district in which the parking is located. In considering an application for a conditional use for any such parking, due to the amount being provided, the Planning Commission shall consider the criteria set forth in Section 157 of this Code. Minimum o(f-street parking requirements shall be reduced, to the extent needed, when such reduction is part ofa Development Project's compliance with the Transportation Demand Management Program set forth in Section 169 ofthe Planning Code. * * * * SEC.163. TRANSPORTATION MANAGEMENT PROGRAMS AND TRANSPORTATION BROKERAGE SERVICES IN COMMERCIAL AND MIXED USE DISTRICTS. Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 14 (a) Purpose. This Section 163 is intended to assure that adequate measures services are undertaken and maintained to minimize the transportation impacts of added office employment and residential development in the downtown and South of Market area, in a manner consistent with the objectives and policies of the General Plan, by facilitating the effective use of transit, encouraging ridesharing, and employing other practical means to reduce commute travel by single-occupant vehicles. (b) Applicability. The requirements of this Section apply to any project meeting one of the following conditions: (1) In Commercial and Mixed Use Districts, projects where the gr-e-ss occupied 1 O square feet of new construction, conversion, or added floor area for office use equals at least 100,000 square feet; (2) In the C-3-0(SD) District, where new construction, conversion, or added floor area for residential use equals at least 100,000 square feet or 100 dwelling units; (3) In the C-3-0(SD) District, projects where the gr-ess occupied square feet of new construction or added floor area for any non-residential use equals at least 100,000 square feet; or (4) In the case of the SSO, WMUO, or MUO District, where the gr-ess occupied square feet of new, converted or added floor area for office use equals at least 25,000 square feet. (c) Requirement. For all applicable projects, the project sponsor property owner shall be required to provide on-site transportation brokerage services for the actual lifetime of the project, as provided in this Subsection. Prior to the issuance of a temporary permit of occupancy (for thispurpose Section 149(d) shall apply), the project sponsor property owner shall execute an agreement with the Planning Department for the provision of on-site transportation brokerage services,_ andpreparation ofa transportation management program to be approved by the Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 15 Director of Plenning end implemented by the provider oftrensportEJtion brokerage services. The trensportEJtion menagementprogrem end trensportetion brokemge services shell be designed: (1) To promote end coordinete effective end efficient use of trensit by tenents end their employees, including the provision o.ftrTmSit infermetion ®d sele oftmnsitpEJSses en site; (2) To promote end coordinete ridesharing ectivities for ell tenents end their employees within the structure or use; (3) To reduce perking demend end EJSsure the proper end most efficient use o.f on site or off site perking, where tlppliceble, such thet ellprovidedparking conforms with the requirements of' Article 1. 5 of this Cede andproject Bpprm'ffl requirements; 1 0 (4) To promote end encourage the provision andproliferetion o.f car slwring services convenient to tenants and employees o,f the subject buildings in addition to those required by Section 166, and to promote and encourage those tenants and their employees to prioritize the use o,f rnr share ser'.lices for activities that necessitEJte automobile trmel, including the promotion and sale of indi'.ridual and business memberships in certified cer sharing organizations, EJS de.fined by Section 166(b) (2). (5) To promote end encourage project occupants to adopt a coordinatedflex time or staggered 1vork hours program designed to more evenly distribute the arrival and dcperture times o.f employees v.;ithin normal peak commute periods; (6) To participate ·with other project sponsors in a network o,f trensportEJtion brokerage services for the respective downtown, South ofA1arket area, or other erea o,f employnwnt concentration in }.fixed Use Districts; (7) To carry out other acti'.lities determined by the Planning Department to be tlppropriate to meeting the purpose of this requirement. SEC. 166. CAR SHARING. * * * * (g) Optional Car-Share Spaces. Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 16 (1) Amount of Optional Spaces. In addition to any permitted or required parking that may apply to the project, the property owner may elect to provide additional car-share parking spaces in the maximum amount specified in Table 166A; provided, however, that the optional car-share parking spaces authorized by this subsection (g) are not permitted for a project that receives a Conditional Use authorization to increase parking. Additional car-share parking spaces shall be allowed bevond the maximum amount specified in Table l 66A, to the extent needed, when such additional car-share parking spaces are part of a Development Project's compliance with the Transportation Demand Management Program set forth in Section 169 of the Planning Code. * * * * SEC. 305. VARIANCES. (a) General. The Zoning Administrator shall hear and make determinations regarding applications for variances from the strict application of quantitative standards in this Code. He shall have power to grant only such variances as may be in harmony with the general purpose and intent of this Code and in accordance with the general and specific rules contained I herein, and he shall have power to grant such variances only to the extent necessary to overcome such practical difficulty or unnecessary hardship as may be established in accordance with the provisions of this Section. No variance shall be granted in whole or in part which would have an effect substantially equivalent to a reclassification of property; or which would permit any use, any height or bulk of a building or structure, or any type or size or height of sign not expressly permitted by the provisions of this Code for the district or districts in which the property in question is located; or which would grant a privilege for which a conditional use procedure is provided by this Code; or which would change a definition in this Code; or which would waive, reduce or adjust the inclusionary housing requirements of Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 17 Sections 415 through 415.9; or which would reduce or waive any portion of the usable open space applicable under certain circumstances in the Eastern Neighborhoods Mixed Use Districts pursuant to Section 135(i) and 135.3(d); or which would waive or reduce the quantity of bicycle parking required by Sections 155.2 through 155.3 where off-street automobile parking is proposed or existing" or which would waive, reduce or adjust the requirements ofthe TDM Program in Sections 169 et seq .. A variance may be granted for the bicycle parking layout requirements in Section 155.1 of this Code. If the relevant Code provisions are later changed so as to be more restrictive before a variance authorization is acted upon, the more restrictive new provisions, from which no variance was granted, shall apply. The procedures for variances shall be as specified in this Section and in Sections 306 through 306.5. * * * * Section 4. Ordinance 149-16 <Board of Supervisors File No. 160632. effective August 31. 2016) repealed the entirety of Section 357. which this Ordinance sought to amend. As a result of the Board's action, amendments to Section 357 are no longer being proposed. Section 5. Add the following to the Planning Department Fee Schedule (referenced in Board of Supervisors' Ordinance 149-16), as a new subsection (c) in the Section entitled "TRANSPORTATION REVIEW ASSOCIATED WITH PROJECT APPLICATIONS." (c) Transportation Demand Management Program fees. The fee for review of a Development Project's Transportation Demand Management Plan <TOM Plan) shall be $6.000. plus time and materials in excess of this initial one-time fee. The fee for periodic compliance review required under the Transportation Demand Management Program <TOM Proaram) Standards shall be $1.000. In addition, the fee for voluntarv Transportation Demand Management Plan TOM Plan update review shall be $1 ,300. Development Projects Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 18 consisting of 24 Dwelling Units or less shall be exempt from the periodic compliance review fee and the voluntarv update review fee. but shall be otherwise subject to the TOM Program as set forth in Planning Code Section 169 et seq. including the required payment of the application fee. Any land use that requires a TOM Plan. but will be occupied by a non-profit organization that will receive funding from the City to provide services at the subject property shall be exempt from all TOM fees. provided it files fee waiver applications with the Planning Department. Non-profit organizations wishing to be exempt from these fees shall file their fee waiver applications together with their TOM Plan (to waive the application fee). everv two years after issuance of a certificate of occupancy (to waive the compliance fees). and as 1 O needed (to waive the voluntarv update review fee). Aside from these fee waivers. these non- profit organizations shall be subject to the TOM Program as set forth in Planning Code Section 169 et seq. The non-profit fee waivers listed above shall be revoked if a change occurs in the use or tenancy of the project. such that the minimum requirements for such a waiver are no longer met. Section 4§. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section .ez. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under Supervisors Cohen; Sheehy, Farrell, Breed, Safai BOARD OF SUPERVISORS Page 19 the official title of the ordinance. Notvvithstanding the previous sentence, if the City enacts the ordinance in Board of Supervisors File No. 160632, \Nhich, among other things, deletes Planning Code Section 357 in its entirety and places the transportation study fees referenced in Planning Code Section 357 into the uncodified Section 4 of that ordinance, it is the intent of the Board of Supervisors that this ordinance not conflict •.vith the ordinance in File No. 160632. Accordingly, if the City enacts the ordinance in File No. 160632 with the deletion of Planning Code Section 357 in its entirety, it is the intent of the Board of Supervisors that Section 357 be likewise deleted from this ordinance, but that subsection (c) of Planning Code Section 357, which is added by this ordinance, be treated as an uncodified provision of this ordinance, and serve as the basis for the inclusion of the fee established in subsection (c) in the Planning Department Schedule of Fees. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney \ By: n:\legana\as2016\1600513\01167623.doc Supervisors Cohen, Sheehy BOARD OF SUPERVISORS Page 20 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 160925 Date Passed: February 07, 2017 Ordinance amending the Planning Code to establish a citywide Transportation Demand Management (TOM) Program, to require Development Projects to incorporate design features, incentives, and tools that support sustainable forms of transportation; create a new administrative fee to process TOM Plan applications and compliance reports; make conforming amendments to various sections of the Planning Code; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. November 28, 2016 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE November 28, 2016 Land Use and Transportation Committee - CONTINUED AS AMENDED December 05, 2016 Land Use and Transportation Committee - CONTINUED January 23, 2017 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE January 23, 2017 Land Use and Transportation Committee - RECOMMENDED AS AMENDED January 31, 2017 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee January 31, 2017 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee February 07, 2017 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee Pagel Printed at 11:27 am on 218117 File No. 160925 City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 2/7/2017 by the Board of Supervisors of the City and County of San Francisco. I f Date Approved Printed at 11:27 am on 218117