423.1

SEC. 423.1. PURPOSE AND FINDINGS SUPPORTING EASTERN NEIGHBORHOODS IMPACT FEES AND COMMUNITY IMPROVEMENTS FUND. (a) Purpose. The Board takes legislative notice of the purpose of the Eastern Neighborhoods Area Plan as articulated in the Eastern Neighborhoods Area Plan of the San Francisco General Plan. San Francisco’s Housing Element establishes the Eastern Neighborhoods as a target area for development of new housing to meet San Francisco’s identified housing targets. The release of some of the area’s formerly industrial lands, no longer needed to meet current industrial or PDR needs, offer an opportunity to achieve higher affordability, and meet a greater range of need. The Mission, Showplace Square - Potrero Hill, Central SoMa, East SoMa, Western SoMa and Central Waterfront Area Plans of the General Plan (Eastern Neighborhoods Plans) thereby call for creation of new zoning intended specifically to meet San Francisco’s housing needs, through higher affordability requirements and through greater flexibility in the way those requirements can be met, as described in Section 419. To support this new housing, other land uses, including PDR businesses, retail, office and other workplace uses will also grow in the Eastern Neighborhoods. This new development will have an extraordinary impact on the Plan Area's already deficient neighborhood infrastructure. New development will generate needs for a significant amount of public open space and recreational facilities; transit and transportation, including streetscape and public realm improvements; community facilities and services, including child care; and other amenities, as described in the Eastern Neighborhoods Community Improvements Program, on file with the Clerk of the Board in File No. 081155.

A key policy goal of the Eastern Neighborhoods Plans is to provide a significant amount of new housing affordable to low, moderate and middle income families and individuals, along with "complete neighborhoods" that provide appropriate amenities for these new residents. The Plans obligate all new development within the Eastern Neighborhoods to contribute towards these goals, by providing a contribution towards affordable housing needs and by paying an Eastern Neighborhoods Impact Fee. (b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Recreation and Open Space Findings, Complete Streets Findings, Childcare Findings, and Transit Infrastructure Findings, and incorporates those by reference herein to support the imposition of the fees under this Section. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010 ; amended by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 200-15 , File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15 , File No. 155521, App. 12/18/2015, Eff. 1/17/2016; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY [Former] divisions (a)(3), (d), and (e)(2) amended; Ord. 42-13 , Eff. 4/27/2013. Section header amended; former divisions (a)(1), (a)(2), and (b)(2) deleted; former divisions (a)(3), (b)(1), and (c)(1) redesignated as current division (a) and amended; new division (b) added; former divisions (c)(2)-(e)(3) deleted; Ord. 50-15 , Eff. 5/24/2015. Division (b) amended; Ord. 200-15 , Eff. 12/25/2015 and Ord. 222-15 , Eff. 1/17/2016. Division (a) amended; Ord. 296-18, Eff. 1/12/2019. Division (b) amended; Ord. 193-23, Eff. 10/16/2023. SEC. 423.2. DEFINITIONS. In addition to the definitions set forth in Section 401 of this Article, the following definitions shall govern interpretation of Section 423.1 et seq. (a) Eastern Neighborhoods Base Height. The Height limit immediately prior to the adoption of the following: (1) The Eastern Neighborhoods Plan (Ordinance No. 298-08, on file with the Clerk of the Board of Supervisors in File No. 081153), regardless of subsequent changes in the Height limit, for parcels within the East SoMa Plan Area at the time of plan adoption; (2) The Western SoMa Area Plan (Ordinance No. 41-13, on file with the Clerk of the Board of Supervisors in File No. 130001), regardless of subsequent changes in the Height limit, for parcels within the Western SoMa Area Plan at the time of plan adoption; or (3) Ordinance No. 13-14 (on file with the Clerk of the Board of Supervisors in File No. 131161), regardless of subsequent changes in the Height limit, for parcels added to the East SoMa Plan Area by Ordinance No. 13-14. (b) Central SoMa Base Height. (1) For all parcels except those described in subsection (2) below, the Height limit established by the Central SoMa Plan (Ordinance No. 296-18, on file with the Clerk of the Board of Supervisors in File No. 180184), regardless of subsequent changes in the Height limit. (2) Exception for Narrow Sites. Projects on parcels in the CS Bulk District, as defined in Section 270, with a Height limit greater than 85 feet and with no street or alley frontage greater than 100 feet shall be considered for the purposes of Section 423 et seq. to have a Height limit of 85 feet regardless of the parcel’s actual Height limit. (c) Eastern Neighborhoods Fee Tiers. (1) Tier 1. (A) All development on sites that received a height increase of eight feet or less, received no height increase, or received a reduction in height, as measured from the Eastern Neighborhoods Base Height; (B) The residential portion of all 100% affordable housing projects; (C) The residential portion of all projects within the Urban Mixed Use (UMU) district; and (D) All changes of use within existing structures. (2) Tier 2. All additions to existing structures or new construction on other sites not listed in subsection (1) above that received a height increase of nine to 28 feet, as measured from the Eastern Neighborhoods Base Height; (3) Tier 3. All additions to existing structures or new construction on other sites not listed in subsection (1) above that received a height increase of 29 feet or more, as measured from the Eastern Neighborhoods Base Height. (d) Central SoMa Fee Tiers. For all applicable projects, the following Fee Tiers apply: (1) Tier A. (A) All development on sites rezoned from SALI or SLI to either CMUO, MUG, MUR, or WMUO with a Height limit at or below 45 feet, pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184). (B) All development on all other sites that received a Height increase of 15 feet to 45 feet pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184). (2) Tier B. (A) All development on sites rezoned from SAL1 or SLI to either CMUO, MUG, MUR, or WMUO with a Height limit of between 46 and 85 feet, pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184). (B) All development on all other sites that received a Height increase of 46 feet to 85 feet pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184). (3) Tier C. (A) For All development on sites rezoned from SALI or SLI to either CMUO, MUG, MUR, or WMUO with a Height limit above 85 feet, pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184). (B) All development on all other sites that received a Height increase of more than 85 feet pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184). (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010 ; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019) AMENDMENT HISTORY Divisions (a)(1)(A), (a)(2), and (a)(3) amended; Ord. 42-13 , Eff. 4/27/2013. Divisions (a)(1)(A) and (a)(2) amended; Ord. 188-15 , Eff. 12/4/2015. Division (a) designation removed; former divisions (a)(1)- (a)(3) redesignated as divisions (c)(1)- (c)(3) and amended; new divisions (a)-(a)(3), (b)-(b)(2), (c), and (d)- (d)(3)(B) added; Ord. 296-18, Eff. 1/12/2019. SEC. 423.3. APPLICATION OF EASTERN NEIGHBORHOODS INFRASTRUCTURE IMPACT FEE. (a) Application. Section 423.1 et seq. shall apply to any development project located in the Eastern Neighborhoods Program Area. (b) Projects subject to the Eastern Neighborhoods Infrastructure Impact Fee. The Eastern Neighborhoods Infrastructure Impact Fee is applicable to any development project in the Eastern Neighborhoods Program Area which results in: (1) At least one net new residential unit, (2) Additional space in an existing residential unit of more than 800 gross square feet, (3) At least one net new group housing facility or residential care facility, (4) Additional space in an existing group housing or residential care facility of more than 800 gross square feet,