o0138-18

AMENDED IN BOARD FILE NO. 180117 6/5/2018 ORDINANCE NO. 138-18 [Planning Code - Increasing the Transportation Sustainability Fee for Large Non-Residential Projects] Ordinance amending the Planning Code to increase the Transportation Sustainability Fee by $5 (to $24.04) for Non-Residential Projects larger than 99,999 gross square feet"' except in the Central South of Market Area Plan area. where the fee for such projects would be increased by $2 (to $21.04); affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of public necessity, convenience and welfare, 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 italics Times NerF 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 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 Code Section 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 180117 and is incorporated herein by reference. The Board affirms this determination. (b) On September 10. 2015, the Planning Commission, in Resolution No. 19454, adopted findings that the actions contemplated in tffis the ordinance adopting the original Supervisors Peskin; Ronen BOARD OF SUPERVISORS Page 1 Transportation Sustainability Fee. Ordinance No. 200-15. are were 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 own and extends them to this ordinance, because this ordinance increases the Transportation Sustainability Fee by a moderate amount the fee as increased is supported by the nexus study prepared for Ordinance No. 200-15, and the fee as increased is within the recommendations of the feasibility study also prepared for Ordinance No. 200-15. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 180117, and is incorporated herein by reference. (c) On September 10, 2015, the Planning Commission, in Resolution No. 19454, 1 O approved tffis legislation adopting the original Transportation Sustainability Fee, Ordinance No. 200-15, recommended it for adoption by the Board of Supervisors, and adopted findings that it will serve the public necessity, convenience and welfare. Pursuant to Planning Code Section 302, the Board adopts these findings as its own, and extends them to this ordinance, because this ordinance increases the Transportation Sustainability Fee by a moderate amount the fee as increased is supported by the nexus study prepared for Ordinance 200-15, and the fee as increased is within the recommendations of the feasibility study also prepared for Ordinance No. 200-15. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 180117, and is incorporated by reference herein. Section 2. The Planning Code is hereby amended by revising Section 411A.5, to read as follows: SEC. 411A.5. TSF SCHEDULE. Development Projects subject to the TSF shall pay the following fees, as adjusted annually in accordance with Planning Code Section 409(b). Supervisors Peskin; Ronen BOARD OF SUPERVISORS Page 2 Table 411A.5. TSF Schedule Land Use Categories TSF Residential, 21-99 units $7. 7 4 for all gsf of Residential use in the first 99 dwelling units (see Section 411A.4(c) above). Residential, all units above 99 units $8.74 for all gsf of Residential use in all dwelling units at and above the 1 OOth unit (see Section 411A.4(c) above). Non-Residential, except Hospitals and $18.04 for all gsf of Non-Residential uses Health Services, 800-99,999 gsf less than 100,000 gsf. Non-Residential, except Hospitals and $19. 04 $24. 04 for all gsf of Non- Health Services, all gsf above 99,999 gsf± Residential use greater than 99,999 gsf. in all areas of the Cit~ excegt the Central South of Market Area Plan Non-Residential, excegt Hosgitals and $21.04 for all gsf of Non-Residential use Health Services, all gsf above 99,999 gsf, greater than 99,999 gsf. in the Central South of Market Area Plan Hospitals $18.74 per calculation method set forth in Section 411A.4(d). Health Services, all gsf above 12,000 gsf $11.00 for all gsf above 12,000 gsf Production, Distribution and Repair $7.61 Section 3. Effective Date: Ogerative Dates. LgL 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. (b) This ordinance shall become ogerative on its effective date, with the following excegtion: The amendments set forth in Section 2 of this ordinance, in the Table 411A.5. TSF Supervisors Peskin; Ronen BOARD OF SUPERVISORS Page 3 Schedule. pertaining to the Central South of Market Area Plan. shall become operative on the effective date of this ordinance or the effective date of the ordinance in Board File No. 180184, whichever is later. If the ordinance in Board File No. 180184 does not become effective, all references to the Central South of Market Area Plan in the Table 411A.5. TSF Schedule in Section 2 of this ordinance shall not become operative. Section 4. This section is uncodified. This Ordinance shall not apply to projects that have Development Agreements approved before June 5, 2018. 1 O Section 4§,. 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 the official title of the ordinance. APPROVED AS TO FORM: DENNIS J. HER ER City Attorney By: n:lleganalas201811800350\01280790.docx Supervisor Peskin BOARD OF SUPERVISORS Page4 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180117 Date Passed: June 12, 2018 Ordinance amending the Planning Code to increase the Transportation Sustainability Fee by $5 (to $24.04) for Non-Residential Projects larger than 99,999 gross square feet, except in the Central South of Market Area Plan area, where the fee for such projects would be increased by $2 (to $21.04); affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. May 07, 2018 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE May 07, 2018 Land Use and Transportation Committee - CONTINUED AS AMENDED May 21, 2018 Land Use and Transportation Committee - RECOMMENDED June 05, 2018 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 10 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee Absent: 1 - Cohen June 05, 2018 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 10 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee Absent: 1 - Cohen June 12, 2018 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee Pagel Printed at 3:51pm0116113118 File No. 180117 Mark E. Farrell Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 6/12/2018 by the Board of Supervisors of the City and County of San Francisco. Date A{,proved Printed al 3:51 pm on 6113118