167

PARKING COSTS SEPARATED FROM HOUSING COSTS IN NEW RESIDENTIAL

San Francisco Planning Code · SF Planning Code § 167

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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 require

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