166

SEC. 166. CAR SHARING. (a) Findings. The Board hereby finds and declares as follows: One of the challenges posed by new development is the increased number of privately-owned automobiles it brings to San Francisco's congested neighborhoods. Growth in the number of privately-owned automobiles increases demands on the City's limited parking supply and often contributes to increased traffic congestion, transit delays, pollution and noise. Car-sharing can mitigate the negative impacts of new development by reducing the rate of individual car-ownership per household, the average number of vehicle miles driven per household and the total amount of automobile-generated pollution per household. Accordingly, car-sharing services should be supported through the Planning Code when a car-sharing organization can demonstrate that it reduces: (1) the number of individually-owned automobiles per household; (2) vehicle miles traveled per household; and (3) vehicle emissions generated per household. (b) Definitions. For purposes of this Code, the following definitions shall apply: (1) A "car-share service" is a mobility enhancement service that provides an integrated citywide network of neighborhood-based motor vehicles available only to members by reservation on an hourly basis, or in smaller intervals, and at variable rates. Car-sharing is designed to complement existing transit and bicycle transportation systems by providing a practical alternative to private motor vehicle ownership, with the goal of reducing over-dependency on individually owned motor vehicles. Car-share vehicles must be located at unstaffed, self-service locations (other than any incidental garage valet service), and generally be available for pick-up by members 24 hours per day. A car-share service shall provide automobile insurance for its members when using car-share vehicles and shall assume responsibility for maintaining car-share vehicles. (2) A "certified car-share organization" is any public or private entity that provides a membership-based car-share service to the public and manages, maintains and insures motor vehicles for shared use by individual and group members. To qualify as a certified car-share organization, a car-share organization shall submit a written report prepared by an independent third party academic institution or transportation consulting firm that clearly demonstrates, based on a statistically significant analysis of quantitative data, that such car-sharing service has achieved two or more of the following environmental performance goals in any market where they have operated for at least two years: (A) lower household automobile ownership among members than the market area's general population; (B) lower annual vehicle miles traveled per member household than the market area's general population; (C) lower annual vehicle emissions per member household than the market area's general population; and (D) higher rates of transit usage, walking, bicycling and other non-automobile modes of transportation usage for commute trips among members than the market area's general population. This report shall be called a Car-sharing Certification Study and shall be reviewed by Planning Department staff for accuracy and made available to the public upon request. The Zoning Administrator shall only approve certification of a car-share organization if the Planning Department concludes that the Certification Study is technically accurate and clearly demonstrates that the car-share organization has achieved two or more of the above environmental performance goals during a two-year period of operation. The Zoning Administrator shall establish specific quantifiable performance thresholds, as appropriate, for each of the three environmental performance goals set forth in this subsection. (3) The Planning Department shall maintain a list of certified car-share organizations that the Zoning Administrator has determined satisfy the minimum environmental performance criteria set forth in subsection 166(b)(2) above. Any car-share organization seeking to benefit from any of the provisions of this Code must be listed as a certified car-share organization. (4) An "off-street car-share parking space" is any parking space generally complying with the standards set forth for the district in which it is located and dedicated for current or future

use by any car-share organization through a deed restriction, condition of approval or license agreement. Such deed restriction, condition of approval or license agreement must grant priority use to any certified car-share organization that can make use of the space, although such spaces may be occupied by other vehicles so long as no certified car-share organization can make use of the dedicated car-share spaces. Any off-street car-share parking space provided under this Section must be provided as an independently accessible parking space. In new parking facilities that do not provide any independently accessible spaces other than those spaces required for disabled parking, off-street car-share parking may be provided on vehicle lifts so long as the parking space is easily accessible on a self-service basis 24 hours per day to members of the certified car-share organization. Property owners may enact reasonable security measures to ensure such 24-hour access does not jeopardize the safety and security of the larger parking facility where the car-share parking space is located so long as such security measures do not prevent practical and ready access to the off-street car-share parking spaces. (5) A "car-share vehicle" is a vehicle provided by a certified car-share organization for the purpose of providing a car-share-service. (6) A "property owner" refers to the owner of a property at the time of project approval and its successors and assigns. (c) Generally Permitted. Car-share spaces shall be generally permitted in the same manner as residential accessory parking. Any residential or commercial parking space may be voluntarily converted to a car-share space. (d) Requirements for Provision of Car-Share Parking Spaces. (1) Amount of Required Spaces. In newly constructed buildings containing residential uses or existing buildings being converted to residential uses, if parking is provided, car-share parking spaces shall be provided in the amount specified in Table 166. In newly constructed buildings containing parking for non-residential uses, including non-accessory parking in a garage or lot, car-share parking spaces shall be provided in the amount specified in Table 166.

Table 166 REQUIRED CAR-SHARE PARKING SPACES Number of Residential Units Number of Required Car-Share Parking Spaces 0 - 49 50 - 200 201 or more 2, plus 1 for every 200 dwelling units over 200 Number of Parking Spaces Provided for Non- Residential Uses or in a Non-Accessory Parking Facility Number of Required Car-Share Parking Spaces 0 - 24 25 - 49 50 or more 1, plus 1 for every 50 parking spaces over 50

(2) Availability of Car-Share Spaces. The required car-share spaces shall be made available, at no cost, to a certified car-share organization for purposes of providing car-share services for its car-share service subscribers. At the election of the property owner, the car-share spaces may be provided (A) on the building site, or (B) on another off-street site within 800 feet of the building site. (3) Off-Street Spaces. If the car-share space or spaces are located on the building site or another off-street site: (A) The parking areas of the building shall be designed in a manner that will make the car-share parking spaces accessible to non-resident subscribers from outside the building as well as building residents; (B) Prior to Planning Department approval of the first building or site permit for a building subject to the car-share requirement, a Notice of Special Restriction on the property shall be recorded indicating the nature of requirements of this Section and identifying the minimum number and location of the required car-share parking spaces. The form of the notice and the location or locations of the car-share parking spaces shall be approved by the Planning Department; (C) All required car-share parking spaces shall be constructed and provided at no cost concurrently with the construction and sale of units; and (D) if it is demonstrated to the satisfaction of the Planning Department that no certified car-share organization can make use of the dedicated car-share parking spaces, the spaces may be occupied by non-car-share vehicles; provided, however, that upon ninety (90) days of advance written notice to the property owner from a certified car-sharing organization, the property owner shall terminate any non car-sharing leases for such spaces and shall make the spaces available to the car-share organization for its use of such spaces. (e) Substitution for Required Parking. Provision of a required car-share parking space shall satisfy or may substitute for any required residential parking; however, such space shall not be counted against the maximum number of parking spaces allowed by this Code as a principal use, an accessory use, or a conditional use. (f) List of Car-Share Projects. The Planning Department shall maintain a publicly-accessible list, updated quarterly, of all projects approved with required off-street car-share parking spaces. The list shall contain the Assessor's Block and Lot number, address, number of required off-street car-share parking spaces, project sponsor or property owner contact information and other pertinent information as determined by the Zoning Administrator. (g) Optional Car-Share Spaces. (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 beyond the maximum amount specified in Table 166A, 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.

Table 166A OPTIONAL CAR-SHARE PARKING SPACES Number of Residential Units Maximum Number of Optional Car-Share Parking Spaces 10 - 24 25 - 49 50 or more Amount of Square Footage for Non-Residential Uses Maximum Number of Optional Car-Share Parking Spaces 5,000 - 9,999 sq. ft. 10,000 - 19,999 sq. ft. 20,000 or more sq. ft.

The optional car-share spaces shall not be counted against the maximum number of parking spaces allowed by this Code as a principal use, an accessory use, or a conditional use. (2) Requirements for Optional Car-Share Spaces. All car-share spaces are subject to the following: (A) They shall meet the provisions of this Section 166. (B) The car-share parking spaces shall be deed-restricted and dedicated for car-sharing, and must be offered and maintained in perpetuity.

(C) At project entitlement, the property owner must submit a letter of intent from a certified car-share organization that articulates the car-share organization's intent to occupy the requested car-share spaces under this Subsection (g). (D) Use of the car-share vehicles shall not be limited to residents of the building. (E) If an additional car-share space is built, and a certified car-share organization chooses not to place vehicles in that space, the owner of the project may not sell, rent, or otherwise earn fees on the space but may use it for (i) bicycle parking, or (ii) permitted storage and other permitted uses but not for parking of any motorized vehicle; provided, however, that upon ninety (90) days of advance written notice to the property owner from a certified car-sharing organization, the property owner shall terminate any non car-sharing use for such space and shall make the space available to the car-share organization for its use of such space. (F) A sign shall be placed above or next to each car-share parking space stating that the parking space is for car-sharing and cannot be used for private automobile parking. The sign shall meet the Department's design specifications and shall include the name and contact information of a person to call for enforcement of this requirement and such other information as the Department requires. An informational plaque shall also be placed on the outside of the building location, which shall meet the design, location and information requirements established by the Department. (3) Existing Car-Share Spaces Located on Gas Stations Sites and Surface Parking Lots. If the number of car-share spaces located on a gas station, surface parking lot, or other similar site for at least one year exceeds the total number of required and/or optional car-share parking spaces as provided for under Table 166 and Table 166A, the developer may retain those car-share spaces if the site is redeveloped without reducing the permitted levels of private parking; provided, however, that a property owner cannot seek additional optional car-share parking spaces per Table 166A. (Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 286-10, File No. 100829, App. 11/18/2010; Ord. 28-13 , File No. 120900, App. 3/5/2013, Eff. 4/4/2013; Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017) AMENDMENT HISTORY Divisions (c), (d)(1), (d)(2), (e), and (f) amended; new division (g) added; Ord. 28-13 , Eff. 4/4/2013. Division (g)(1) amended; Ord. 34-17, Eff. 3/19/2017. SEC. 167. PARKING COSTS SEPARATED FROM HOUSING COSTS IN NEW RESIDENTIAL BUILDINGS. (a) All off-street parking spaces accessory to residential uses in new structures of 10 dwelling units or more, or in new conversions of non-residential buildings to residential use of 10 dwelling units or more, shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space. In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential owners or renters of three-bedroom or more units, second to the owners or renters of two bedroom units, and then to the owners or renters of other units. Renters or buyers of on-site inclusionary affordable units provided pursuant to Section 415 et seq. shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwelling units, and at a price determined by the Mayor’s Office of Housing and Community Development (MOHCD), subject to procedures adopted by the Planning Commission notwithstanding any other provision of Section 415 et seq. (b) Exception. The Planning Commission may grant an exception from the requirements in subsection (a) for projects which include financing for affordable housing that requires that costs for parking and housing be bundled together. (c) Affordable Unit Resale Exemption. For the initial sale, Affordable Units that are both On-site Units and Owned Units, as defined in Section 401, must be offered for sale separate from parking spaces pursuant to subsection (a), subject to the exception provided in subsection (b). Where the initial sale of such a unit included a parking space, the requirement of subsection (a) that parking be sold separately from the unit shall not apply to any future resale of such unit and parking space. (Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 112-08, File No. 080095, App. 6/30/2008 ; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 258-24, File No. 240802, App. 11/14/2024, Eff. 12/15/2024) AMENDMENT HISTORY Division (a) references corrected; Ord. 62-13 , Eff. 5/10/2013. Divisions (a) and (b) amended; division (c) added; Ord. 258-24, Eff. 12/15/2024. SEC. 168. [REPEALED.] (Added by Ord. 233-05, File No. 050829, App. 9/30/2005; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; repealed by Ord. 53-17, File No. 161353, App. 3/17/2017, Eff. 4/16/2017) SEC. 169. TRANSPORTATION DEMAND MANAGEMENT PROGRAM. Sections 169 through 169.6 (hereafter referred to collectively as “Section 169”) set forth the requirements of the Transportation Demand Management Program (TDM Program). (Added by Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017) SEC. 169.1. FINDINGS. (a) According to Plan Bay Area 2040, the long-range integrated transportation and land-use/housing strategy for the San Francisco Bay Area through 2040 adopted in 2013 by the Association of Bay Area Governments and the Metropolitan Transportation Commission, San Francisco is expected to grow by approximately 191,000 jobs and 102,000 households from 2010 to 2040. (b) This growth will generate an increased demand for transportation infrastructure and services on an already constrained transportation system. One of the challenges posed by this growth is the increased number of single occupancy vehicle trips, and the pressures they add to San Francisco’s limited public streets and rights-of-way, contributing to congestion, transit delays, and public health and safety concerns caused by motorized vehicles, air pollution, greenhouse gas (GHG) emissions, and noise, thereby negatively impacting the quality of life in the City. (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 effort 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 of public outreach and discussion. The TSP includes three separate but related policy initiatives: the Transportation Sustainability Fee (TSF); the modernization of San 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 of Supervisors File No. 150790). (2) The second component, the modernization of the environmental review process under CEQA, has been shepherded by the State under Senate Bill 743 (Stats. 2013. C. 386, now codified in Public Resources Code Section 21099). SB 743 required the Office of Planning and Research (OPR) to develop new guidelines to replace the existing transportation review standard, focused on automobile delay, with new criteria that “promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” OPR recommended a replacement metric of Vehicle Miles Traveled, or VMT, that is, the amount and distance of automobile travel attributable to a project. The Planning Commission unanimously approved a Resolution adopting changes consistent with implementation of SB 743, including the use of Vehicle Miles Traveled as the metric for calculating transportation-related environmental impacts, at its hearing on March 3, 2016 (Planning 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 by requiring new development projects to incorporate design features, incentives, and tools that support transit, ride-sharing, walking, and bicycle riding for the residents, tenants, employees, and visitors of their projects. (d) State and regional governments have enacted many laws and policy initiatives that promote the same sustainable transportation goals the TDM Program 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 promote all forms of transportation. Assembly Bill 32, the California Global Warming Solutions Act of 2006