AMENDED IN COMMITTEE
FILE NO. 200559
7/20/2020 ORDINANCE NO.
Mayor Breed
BOARD OF SUPERVISORS
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[Planning Code - Amendments to the Van Ness & Market Downtown Residential Special Use
District]
Ordinance amending the Planning Code to amend the Van Ness & Market Downtown
Residential Special Use District, to encourage additional housing and uses that
support neighborhood residents and businesses, and to give effect to amendments to
the Market and Octavia Area Plan; amending Planning Code, Sections 145.4, 151.1, 155,
207.6, 249.33, 260, 261.1, 263.19, 270, 270.2, 309, 341.5, 401, 411A.5, 416.3, 421.5, 424.1,
424.3, 424.4, and 424.5; adding new Planning Code Section 425, to create the Van Ness
& Market Community Facilities Fee and Fund; and making environmental findings,
including adopting a statement of overriding considerations, and findings of
consistency with the General Plan and the eight priority policies of Planning Code,
Section 101.1, and findings of public necessity, convenience, and welfare under
Planning Code, Section 302.
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 New 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. Environmental and Planning Code Findings.
(a) On May 21, 2020, after a duly noticed public hearing, the Planning Commission
certified the Final Environmental Impact Report (EIR) for the proposed Hub Plan, 30 Van
Ness Avenue Project, 98 Franklin Street Project, and Hub Housing Sustainability District (the
Project) by Motion No. 20707, finding the Final EIR reflects the independent judgment and
126-20
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analysis of the City and County of San Francisco, is adequate, accurate and objective,
contains no significant revisions to the Draft EIR, and the content of the report and the
procedures through which the Final EIR was prepared, publicized, and reviewed comply with
the provisions of the California Environmental Quality Act (California Public Resources Code
Sections 21000 et seq.), the CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.),
and Chapter 31 of the San Francisco Administrative Code. Copies of the Planning
Commission Motion and Final EIR are on file with the Clerk of the Board of Supervisors in File
No. 200556 and is incorporated herein by reference. The Board affirms this determination.
(b) The Project evaluated in the Final EIR includes the proposed amendments to the
Planning Code as well as amendments to the General Plan and other related amendments.
The proposed Planning Code amendments set forth in this ordinance are within the scope of
the Project evaluated in the Final EIR.
(c) On May 21, the Planning Commission, in Motion No. 20708, adopted findings
under CEQA regarding the Project’s environmental impacts, the disposition of mitigation
measures, and project alternatives, as well as a statement of overriding considerations
(CEQA Findings) and adopted a mitigation monitoring reporting program (MMRP).
(d) On May 21, the Planning Commission, in Resolution No. 20710, recommended the
proposed Planning Code amendments for approval and 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
own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No.
200559, and is incorporated herein by reference.
(e) On May 21, the Planning Commission, in Resolution No. 20710, adopted findings
under Planning Code section 302 that the actions contemplated in this ordinance will serve
the public necessity, convenience, and welfare. The Board adopts these findings as its own.
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A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No.
200559, and is incorporated herein by reference.
(f) The Board of Supervisors has reviewed and considered the Final EIR and the
environmental documents on file referred to herein. The Board of Supervisors has reviewed
and considered the CEQA Findings, and hereby adopts them as its own and incorporates
them by reference as though such findings were fully set forth in this Ordinance.
(g) The Board of Supervisors adopts the MMRP as a condition of this approval, and
endorses those mitigation measures that are under the jurisdiction of other City Departments,
and recommends for adoption those mitigation measures that are enforceable by agencies
other than City agencies, all as set forth in the CEQA Findings and MMRP.
(h) The Board of Supervisors finds that since certification of the Final EIR no
substantial changes have occurred in the proposed Project that would require revisions in the
Final EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects, no substantial changes have
occurred with respect to the circumstances under which the proposed Project is to be
undertaken that would require major revisions to the Final EIR due to the involvement of new
environmental effects or a substantial increase in the severity of effects identified in the Final
EIR, and no new information of substantial importance to the proposed Project has become
available which indicates that (1) the Project will have significant effects not discussed in the
Final EIR, (2) significant environmental effects will be substantially more severe, (3) mitigation
measure or alternatives found not feasible that would reduce one or more significant effects
have become feasible, or (4) mitigation measures or alternatives that are considerably
different from those in the Final EIR would substantially reduce one or more significant effects
on the environment.
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Section 2. Articles 1, 2 and 4 of the Planning Code are hereby amended by revising
Sections 145.4, 151.1, 155, 207.6, 249.33, 260, 261.1, 263.19, 270, 270.2, 309, 341.5, 401,
411A.5, 416.3, 421.5, 424.1, 424.3, 424.4, and 424.5, as follows.
SEC. 145. 4 REQUIRED GROUND FLOOR COMMERCIAL USES
* * * *
(b) Applicability. The requirements of this Section 145.4 apply to the following street
frontages.
* * * *
(3) Van Ness Avenue, in the Van Ness &and Market Downtown Residential
Special Use District, from Fell Street to Market Street;
(4) South Van Ness Avenue, for the entirety of the Van Ness &and Market
Downtown Residential Special Use District;
* * * *
(14) Mission Street, for the entirety of the Mission Street NCT District and Van
Ness & Market Residential Special Use District;
* * * *
(33) Brannan Street, between Third Street and Fourth Street, in the Central
SoMa Special Use District; and
(34) Townsend Street, on the north side, between Second Street and Fourth
Street.; and
(35) Otis Street, for the entirety of the Van Ness and Market Residential Special Use
District.
* * * *
(c) Definitions.
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"Active commercial uses" shall include those uses specifically identified below in
Table 145.4, and:
* * * *
(3) Shall not include Residential Care Facilities as defined in Sections 102 and
890.50; and
(4) Shall include one or more Designated Child Care Units as defined in
Section 102, provided that each such unit meets all applicable criteria set forth in Section
414A.6 of this Code.;
(5) In the Ocean Avenue NCT, shall include Arts Activities, Nighttime
Entertainment, and Institutional Community Uses, as those uses are defined in Section 102.;
and
(6) On Mission and Otis Street within the Van Ness & Market Residential Special Use
District, shall include Light Manufacturing, as that use is defined in Section 102.
* * * *
SEC. 151. 1 SCHEDULE OF PERMITTED OFF-STREET PARKING SPACES IN
SPECIFIED DISTRICTS.
* * * *
Table 151.1
OFF-STREET PARKING PERMITTED AS ACCESSORY
Use or Activity
Number of Off-Street Car Parking Spaces or
Space Devoted to Off-Street Car Parking Permitted
RESIDENTIAL USES
* * * *
Dwelling Units in the Van Ness
&and Market Downtown
Residential Special Use District
P up to one car for each four Dwelling Units; C up to 0.5 cars
for each Dwelling Unit, subject to the criteria and procedures of
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Section 151.1(e); NP above two cars for each four Dwelling Units.
above .25 cars for each Dwelling Unit.
* * * *
* * * *
SEC. 155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT OF
OFF-STREET PARKING, FREIGHT LOADING, AND SERVICE VEHICLE FACILITIES.
* * * *
(u) Driveway and Loading Operations Plan (DLOP) in the Central SoMa Special
Use District and Van Ness & Market Residential Special Use District.
(1) Purpose. The purpose of a Driveway and Loading Operations Plan (DLOP) is
to reduce potential conflicts between driveway and loading operations, including passenger
and freight loading activities, and pedestrians, bicycles, and vehicles, to maximize reliance of
on-site loading spaces to accommodate new loading demand, and to ensure that off-site
loading activity is considered in the design of new buildings,
(2) Applicability. Development projects of more than 100,000 net new gross
square feet in the Central SoMa Special Use District and Van Ness & Market Residential Special
Use District.
(3) Requirement. Applicable projects shall prepare a DLOP for review and
approval by the Planning Department, in consultation with the San Francisco Municipal
Transportation Agency. The DLOP shall be written in accordance with any guidelines issued
by the Planning Department.
* * * *
SEC. 207.6. REQUIRED MINIMUM DWELLING UNIT MIX IN RTO, RCD, NCT, DTR,
EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, THE VAN NESS & MARKET
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RESIDENTIAL SPECIAL USE DISTRICT, AND THE POLK STREET AND PACIFIC AVENUE
NEIGHBORHOOD COMMERCIAL DISTRICTS.
(a) Purpose. In order to foster flexible and creative infill development while
maintaining the character of the district, dwelling unit density is not controlled by lot area in
RTO, NCT, and Eastern Neighborhoods Mixed Use Districts but rather by the physical
constraints of this Code (such as height, bulk, setbacks, open space, and dwelling unit
exposure). However, to ensure an adequate supply of family-sized units in existing and new
housing stock, new residential construction must include a minimum percentage of units of at
least two bedrooms. In the Pacific Avenue and Polk Street Neighborhood Commercial
Districts, and the Van Ness & Market Residential Special Use District, a dwelling unit mix
requirement addresses the need for family-sized housing production in these districts.
(b) Applicability.
(1) This Section shall apply in the RTO, RCD, NCT, DTR, Eastern
Neighborhoods Mixed Use Districts, the Van Ness & Market Residential Special Use District, and
the Pacific Avenue and Polk Street NCDs.
(2) This Section shall apply to all applications for building permits and/or
Planning Commission entitlements that propose the creation of five or more Dwelling Units.
(3) This Section does not apply to buildings for which 100 percent of the
residential uses are: Group Housing, Dwelling Units that are provided at below market rates
pursuant to Section 406(b)(1) of this Code, Single Room Occupancy (SRO) Units, Student
Housing (all as defined in Section 102 of this Code) or housing specifically and permanently
designated for seniors or persons with physical disabilities.
(c) Controls. For all RTO, RCD and NCT districts, as well as DTR, Eastern
Neighborhoods Mixed Use Districts, the Van Ness & Market Residential Special Use District, and
the Pacific Avenue and Polk Street NCDs, one of the following three must apply;
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(1) no less than 40% of the total number of proposed Dwelling Units shall
contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to
the nearest whole number of Dwelling Units, or
(2) no less than 30% of the total number of proposed Dwelling Units shall
contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded
to the nearest whole number of Dwelling Units, or
(3) no less than 35% of the total number of proposed Dwelling Units shall
contain at least two or three bedrooms with at least 10% of the total number of proposed
Dwelling Units containing three bedrooms. Any fraction resulting from this calculation shall be
rounded to the nearest whole number of Dwelling Units.
(d) Modifications.
(1) In NCT, RCD, RTO and the Pacific Avenue and Polk Street NC Districts,
these requirements may be waived or modified with Conditional Use Authorization. In addition
to those conditions set forth in Section 303, the Planning Commission shall consider the
following criteria:
(A) The project demonstrates a need or mission to serve unique
populations, or
(B) The project site or existing building(s), if any, feature physical
constraints that make it unreasonable to fulfill these requirements.
(2) In Eastern Neighborhoods Mixed Use Districts, these requirements may be
waived in return for provision of family-sized affordable units, pursuant to Section 419 et seq.
To receive this waiver, 100 percent of the total number of inclusionary units required under
Section 415 et seq. or Section 419 et seq. shall contain at least two bedrooms. Also in
Eastern Neighborhoods Mixed Use Districts, these requirements may be waived or modified
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through the Variance process set forth in Section 305, or in the case of projects subject to
Section 329, through the procedures of that section.
(3) In DTR Districts, these requirements may be modified per the procedures of
Section 309.1.
(4) In the Van Ness & Market Residential Special Use District, these requirements may
only be modified pursuant to the procedures of Section 309, regardless of the underlying zoning
district.
* * * *
SEC. 249.33. Van Ness & Market Downtown Residential Special Use District.
(a) Purpose. There shall be a Van Ness & Market Downtown Residential Special Use
District, which is comprised of the parcels zoned C-3-G in the Market Octavia Better
Neighborhoods Plan area, and whose boundaries are designated on Sectional Map Nos.
SU02 and SU07 of the Zoning Map of the City and County of San Francisco. This District is
generally comprised of parcels focused at the intersections of Van Ness Avenue at Market
Street and South Van Ness Avenue at Mission Street, along with parcels on both sides of
Market and Mission Streets between 9th 10th and Division12th Streets. This District is intended
to be a transit-oriented, high-density, mixed-use neighborhood with a significant residential
presence and a mix of neighborhood-serving uses. New development and major expansions must be
predominantly residential. Other non-residential uses that are allowed and encouraged, include arts,
institutional, and retail uses. Retail controls allow for smaller retail use sizes in order to emphasize
neighborhood-serving character. These uses compliment the transit rich infrastructure in the area,
which includes the Van Ness MUNI Metro Station and the intersection of several major transit
corridors including Van Ness, Market Street, Mission Street and other major bus lines. This area is
encouraged to transition from largely a back-office and warehouse support function to
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downtown into a more cohesive downtown mixed-use residential district, and serves as a
transition zone to the lower scale residential and neighborhood commercial areas to the west
and south of the C-3. A notable amount of large citywide commercial and office activity will
remain in the area, including government offices supporting the Civic Center and City Hall.
The area was initially identified in the Downtown Plan of the General Plan as an area to
encourage housing adjacent to the downtown. As part of the city's Better Neighborhoods
Program, this concept was fully articulated in the Market and Octavia Area Plan, and is
described therein.
(b) Use Controls.
(1) Non-residential Uses. For newly-constructed buildings or additions which
exceed 20 percent or more of an existing structure's gross floor area, non-residential uses are
not permitted above the fourth story, and at least two three occupied square feet of residential use
shall be provided for each occupied square foot of non-residential use. In order to
accommodate local government office uses near City Hall, publicly-owned or leased buildings
or lots are exempted from the requirements of this Subsection. Replacement of existing office
uses on the same parcel and other Public Facility and Art Activities, as defined in Section 102, are
exempt from the requirements of this subsection (b)(1).
* * * *
(3) Residential Affordable Housing Program. All projects in this District shall
be subject to all the terms of Section 415 et seq. and following of the Inclusionary Affordable
Housing Program. Notwithstanding the foregoing, projects within the Van Ness &and Market
Downtown Residential Special Use District shall at a minimum fulfill the requirements to the
levels specified in this section. Should Section 415 require greater contributions to the
affordable housing program, those requirements shall supercede supersede this section.
Proposed exceptions to these requirements due to hardships associated with construction
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type, specifically heights above 120 feet, are not applicable in this Special Use District
because parcels are receiving an up zoning through increased density and benefits through
the general transformation of the district to a transit oriented neighborhood with a mixed use
character. Requirements and administration of this program shall follow the conditions
outlined in Section 415 et seq. of this Code unless otherwise specified in this Section.
* * * *
(5) Lot Coverage. The rear yard requirements of Section 134 of this Code shall
not apply. Lot coverage is limited to 80 percent at all residential levels containing a dwelling unit
or group housing bedroom except on levels in which all residential units face onto a public right-of-
way. The unbuilt portion of the lot shall be open to the sky except for those obstructions
permitted in yards per Section 136(c) of this Code. Exceptions to the 20 percent open area
may be granted pursuant to the procedures of Section 309. for conversions of existing non-
residential structures where it is determined that provision of 20 percent open area would require
partial demolition of the existing non-residential structure.
* * * *
(7) Retail Use Size. Retail Uses shall be principally permitted up to 5,999 gross square
feet and conditionally permitted if 6,000 gross square feet and above.
(8) Formula Retail. Formula Retail Uses, as defined in Section 102, shall require a
Conditional Use Authorization as set forth in Section 303.1.
(9) Micro-Retail. “Micro-Retail” shall mean a Retail Use, other than a Formula Retail
Use, measuring no less than 100 gross square feet, no greater than 1,000 gross square feet and a 10
foot minimum depth from the front façade.
(A) Applicability. Micro-Retail controls shall apply to projects with new
construction or alterations to greater than 50% of an existing building if located on a lot of at least
20,000 square feet.
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(B) Controls.
(i) Amount. Applicable development projects shall have at least one
Micro-Retail unit for every 20,000 gross square feet of lot area, rounded to the nearest unit.
(ii) Location and Design. All Micro-Retail units shall be on the ground
floor, independently and directly accessed from a public right-of-way or a publicly-accessible open
space, and designed to be accessed and operated independently from other spaces or uses on the
subject property. For projects adjacent to Privately Owned Publicly Accessible Open Spaces, free
standing kiosks are allowed to meet this requirement through Planning Commission approval through
a 309 exception.
(iii) Exemption. Any projects providing ground floor uses that are larger
than 1,000 gross square feet and defined as Arts Activities, Child Care Facility, Community Facility,
Instructional Service, Public Facility, School or Social Service are exempt from the Micro-Retail
requirement.
(iv) Exceptions. Exceptions to the micro-retail requirement may be
granted pursuant to the procedures of Section 309.
(10) Accessory Parking. For projects that provide 25% or more on-site affordable
housing units as defined in Section 415, accessory non-residential parking may be used jointly as
accessory residential parking for residential uses within the same project, so long as the following
criteria is met:
(A) the total number of independently accessible parking stalls (whether
residential or non-residential) provided in such project shall not exceed the sum of the maximum
amount of accessory residential and accessory non-residential parking spaces permitted by the
Planning Code, and;
(B) the total number of parking spaces used as residential accessory parking
shall not exceed 0.4 spaces per each Dwelling Unit.
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(11) Cannabis-Related Land Uses. All cannabis-related uses, which includes Cannabis
Retail (Retail Sales and Service Category), Medical Cannabis Dispensary, Industrial Agriculture,
Agriculture and Beverage Processing 2, Light Manufacturing, Laboratory, Wholesale, or Parcel
Delivery Service, as defined in Section 102 shall follow the land use controls of the NCT-3 Moderate-
Scale Neighborhood Commercial Transit District, Section 752 of this Code.
(12) Living Roofs and Living Walls.
(A) Definitions. For the purpose of this subsection (b)(12), all terms shall be as
defined in Sections 102 and 149.
(B) Applicability. The requirements of this subsection (b)(12) shall apply to any
building and development project that meet all of the following criteria:
(i) The development project lot size is 5,000 square feet or larger;
(ii) The building constitutes a Large Development Project or Small
Development Project under the Stormwater Management Ordinance (Public Works Code Sections 147-
147.6); and
(iii) The building height is 120 feet or less.
(C) Requirements.
(i) Notwithstanding the requirements of Section 149, at least thirty
percent of the roof area shall be covered by one or more Living Roofs.
(ii) The Living Roof shall be considered in determining compliance with
the Stormwater Management Ordinance.
(iii) The Planning Department, after consulting with the Public Utilities
Commission and the Department of the Environment, shall adopt rules and regulations to implement
this subsection (b)(12) and shall coordinate with those departments to ensure compliance with the
Stormwater Management Ordinance.
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(iv) Projects that consist of multiple buildings may choose to locate the
Living Roofs required in subsection (b)(12)(B)(i) on any rooftops within the subject project site,
including on buildings that are not subject to these requirements, provided that the project as a whole
provides the square footage of Living Roofs required by subsection (b)(12)(B)(i).
(v) Project sponsors are encouraged to incorporate vertical living walls
on building facades, composed of climate-appropriate, native, and non-invasive plantings.
(D) Waiver. If the project sponsor demonstrates to the Zoning Administrator’s
satisfaction that it is physically infeasible to meet the Living Roof requirements that apply to the
project, the Zoning Administrator may, in their sole discretion and pursuant to the procedures set forth
in Planning Code Section 307(h), reduce the requirement stated in subsection (b)(12)(B)(i) to what is
required under Section 149.
(13) Option for In-Kind Provision of Transportation Sustainability Fee.
Notwithstanding the requirements of Planning Code section 411A et seq., Development projects in this
District may propose to provide transportation improvements to the City directly. In such a case, the
City, at its sole discretion, may enter into an In-Kind Improvements Agreement with the sponsor of such
project and issue a fee waiver for the TSF from the Municipal Transportation Agency Board of
Directors (the “MTA” and the “MTA Board,” respectively), subject to the following rules and
requirements:
(A) Approval criteria. The City shall not enter into an In-Kind Improvements
Agreement unless the proposed in-kind improvements meet an identified community need and where
they substitute for improvements that could be provided by the TSF Expenditure Program (as described
in Section 411A.6). No physical improvement or provision of space otherwise required by the Planning
Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements
Agreement.
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(B) Valuation. The Director of Transportation, in consultation with the Director
of Planning, shall determine the appropriate value of the proposed in-kind improvements. For the
purposes of calculating the total value, the development project shall provide the Planning Department
and MTA with a cost estimate for the proposed in-kind improvement(s) from two independent sources
or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for
a planned improvement this may serve as one of the cost estimates, provided it is indexed to current
cost of construction.
(C) Content of the In-Kind Improvements Agreement. The In-Kind
Improvements Agreement shall include at least the following items:
(i) A description of the type and timeline of the proposed in-kind
improvements;
(ii) The appropriate value of the proposed in-kind improvement, as
determined in subsection (2) above; and
(iii) The legal remedies in the case of failure by the development project
to provide the in-kind improvements according to the specified timeline and terms in the agreement.
Such remedies shall include the method by which the City will calculate accrued interest.
(D) Approval Process. The MTA Board, with the advice of the Director of
Planning and the Director of Transportation, must approve the material terms of an In-Kind
Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement
as to form and to substance. The Director of Transportation is authorized to execute the Agreement on
behalf of the City. If the MTA Board approves the In-Kind Agreement, it shall waive the amount of the
TSF by the value of the proposed In-Kind Improvements Agreement, as determined by the Director of
Transportation and the Director of Planning. No credit shall be made for land value unless ownership
of the land is transferred to the City or a permanent public easement is granted, the acceptance of
which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement
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shall not exceed the required TSF.
(E) Administrative Costs. Development projects that pursue an In-Kind
Improvements Agreement will be billed time and materials for any administrative costs that the
Planning Department or any other City entity incurs in negotiating, drafting, and monitoring
compliance with the In-Kind Improvements Agreement.
(14)
Option for Provision of Affordable Housing Fees. Development projects in this
District may pay the affordable housing fees required under sections 416 and 424 by choosing any of
the alternatives set forth in Section 415.5(g), upon approval by the Planning Director and the
Director of the Mayor’s Office of Housing and Community Development of the methodology to
calculate the equivalency of the fees required under sections 416 and 424 to the alternatives
set forth in Section 415.5(g). provided that nothing in this subsection shall be interpreted to
change any obligations established by contract with the City. The Planning Department, in
consultation with the Mayor’s Office of Housing and Community Development, is authorized to
prepare rules or regulations to establish this methodology, and to bring those rules or
regulations to the Planning Commission for inclusion in the Procedures Manual, as set forth in
Section 415. Nothing in this subsection shall be interpreted to change any obligations
established by contract with the City.
(15) Option for Income Levels of Affordable Units. Notwithstanding the provisions
of Section 415.6 (h), a project may use California Debt Limit Allocation Committee (CDLAC) tax-
exempt bond financing and 4% tax credits under the Tax Credit Allocation Committee (TCAC) to help
fund its obligations under Section 415.1 et seq. as long as the project provides 20% of the units as
affordable to households at 50% of Area Median Income for on-site housing, or 10% of the units as
affordable to households at 50% of Area Median Income and 30% of the units as affordable to
households at 60% of Area Median Income for on-site housing. The income table to be used for such
projects when the units are priced at 50% or 60% of Area Median Income is the income table used by
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MOHCD for the Inclusionary Affordable Housing Program, not that used by TCAC or CDLAC. Except
as provided in this subsection (b)(15), all units provided under this Section must meet all of the
requirements of Section 415.1et seq. and the Procedures Manual for on-site housing, except that the
requirement to provide moderate- and middle-income units under in Section 415.6(a) may be replaced
with low income affordable units that satisfy TCAC requirements for 4% tax credits. If the number of
affordable units required by Section 415.6 exceeds the number of affordable units required to use 4%
tax credits, the project shall comply with higher requirement under Section 415.6 and the additional
Inclusionary obligation above the tax credit units may be met by providing on-site affordable units
equally distributed between moderate- and middle-income households as defined in Section 415.6.
(16) Option for Dedication of Land.
(A) Development projects in this District may opt to fulfill the Inclusionary
Housing requirement of Section 415 through the Land Dedication alternative contained in Section
419.6. The Land Dedication alternative is available for development projects within the District under
the same terms and conditions as provided for in Section 419.5(a)(2), except that in lieu of the Land
Dedication Alternative requirements of Table 419.5, projects may satisfy the requirements of Section
415.5 by dedicating land for affordable housing if the dedicated land could accommodate a total
amount of units that is equal to or greater than 35% of the units that are being provided on the
principal development project site, as determined by the Planning Department. Any dedicated land
shall be at least partly located within 1 mile of the boundaries of either the Market and Octavia Plan
Area or the Upper Market NCT District.
(B) Notwithstanding the requirements of Section 419.5(a)(2)(H), development
projects dedicating land shall obtain the required letter from the Mayor’s Office of Housing and
Community Development verifying acceptance of the dedicated land within 180 days of the effective
date of this Special Use District or prior to Planning Commission or Planning Department approval of
the development project, whichever occurs first. No property may be used for this land dedication
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option unless the Mayor’s Office of Housing and Community Development issues an acceptance letter
within this 180-day timeline.
(C) Development projects that elect to dedicate land pursuant to this section
may be eligible for a waiver against all or a portion of their affordable housing fees under Sections 416
and 424 if the Planning Director determines that the land acquisition costs for the dedicated land
exceed the development project’s obligations under the fee option of Section 415. The Planning
Director, in consultation with the Director of the Mayor’s Office of Housing and Community
Development and the Director of Property, shall calculate the waiver amount based on actual
commercially reasonable costs to acquire the dedicated land. If the Director of the Mayor’s Office of
Housing and Community Development requests that the land dedication occur before the First
Construction Document for the development project, the waiver amount shall be increased by the
reasonable value of the City’s early use of the dedicated land.
(17)
Required Minimum Dwelling Unit Mix. Development projects in this District
shall comply with Section 207.6.
(18)
Active Uses. For purposes of this section 249.33, Arts Activities and Institutional
Community Uses are considered to be “active uses,” as defined in Section 145.4 of this Code.
(19) Projects with on-site affordable housing units provided pursuant to a Purchase
and Sale Agreement with the City and County of San Francisco that are in excess of the amount
required by Planning Code Section 415 may deviate from the building floor distribution requirements
of Section 415.6(f)(1) by up to 15%.
(c) In the event of a conflict between the provisions of this Section 249.33 and the provisions of
Section 249.81, the 1629 Market Street Special Use District, the provisions of Section 249.81 shall
control.
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(d) In the event of a conflict between the provisions of this Section 249.33 and the provisions of
Section 249.12, the 1500 Mission Street Special Use District, the provisions of Section 249.12 shall
control.
SEC. 260. HEIGHT LIMITS: MEASUREMENT
* * * *
(b)
Exemptions. In addition to other height exceptions permitted by this Code, the
features listed in this subsection (b) shall be exempt from the height limits established by this
Code, in an amount up to but not exceeding that which is specified.
(1) The following features shall be exempt provided the limitations indicated for
each are observed; and provided further that the sum of the horizontal areas of all features
listed in this subsection (b)(1) shall not exceed 20% of the horizontal area of the roof above
which they are situated, or, in C-3 Districts and in the Rincon Hill Downtown Residential
District, where the top of the building has been separated into a number of stepped elements
to reduce the bulk of the upper tower, of the total of all roof areas of the upper towers; and
provided further that in any R, RC-3, or RC-4 District the sum of the horizontal areas of all
such features located within the first 10 feet of depth of the building, as measured from the
front wall of the building, shall not exceed 20% of the horizontal area of the roof in such first
10 feet of depth.
* * * *
(N) In the Van Ness & Market Residential Special Use District and only in the
block/lot districts 85-X // 120/365-R-2, additional building volume used to enclose or screen from view
the features listed in subsections (b)(1)(A) and (b)(1)(B) above. The rooftop form created by the added
volume shall not be subject to the percentage coverage limitations otherwise applicable to the building,
but shall meet the requirements of Section 141; shall not exceed 10 percent of the total height of any
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building taller than 200 feet; shall have a horizontal area not more than 100 percent of the total area of
the highest occupied floor; and shall contain no space for human occupancy that is enclosed or
otherwise not open to the sky. The features described in subsection (b)(1)(B) shall not be limited to 16
feet for buildings taller than 200 feet but shall be limited by the permissible height of any additional
rooftop volume allowed by this subsection (N).
* * * *
SEC. 261.1. ADDITIONAL HEIGHT LIMITS FOR NARROW STREETS AND ALLEYS
IN, R, RTO, NC, NCT, AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS
* * * *
(b) Definitions.
* * * *
(2) “Subject Frontage” shall mean:
* * * *
(B) any building frontage in an RH-2, RH-3, RM, RTO, NC, NCT, Van
Ness & Market Residential Special Use District, or Eastern Neighborhood Mixed Use District that
abuts a Narrow Street and that is more than 60 feet from an intersection with a Street wider
than 40 feet.
* * * *
(c) Applicability. The controls in this Section shall apply in all RH, RM, RTO, NC,
NCT, the Van Ness & Market Residential Special Use District, and Eastern Neighborhoods Mixed
Use Districts, except in the Bernal Heights Special Use District. Notwithstanding the
foregoing, in the CS Bulk District these controls shall only apply on certain frontages as
described in Section 270(h).
* * * *
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SEC. 263.19. HEIGHT LIMITS: PERMITTED PODIUM AND TOWER HEIGHTS IN
THE R BULK DISTRICTS.
(a) Intent. As described in Section 827(a), tThe general development concept for Rincon
Hill R Bulk Districts is of podium buildings up to 85, that vary from 65 to 170 feet in height
depending on the district and location, with adequately spaced slender towers up to 550 650 feet
in height rising above the podium buildings. In South Beach, towers up to 200 feet in height are
permitted to rise in limited locations above a podium height that varies from 65 to 105 feet. This urban
form is implemented in the R height and bulk district, mapped in all portions of the Rincon Hill and
South Beach Downtown Residential Districts where towers are permitted.
(b) Maximum Height Controls for Podiums and Towers. In the R bulk districts,
which include the R, R-2, and R-3 bulk districts as designated on Sectional Map No. HT01 1H,
HT02, and HT07 of the Zoning Map, maximum permitted building heights for both podiums and
towers are expressed as two numbers separated by a slash, including 65/200-R, 105/200-R,
85/150-R, 85/200-R, 85/250-R, 65/400-R, 85/400-R, 45/450-R, and 45/550-R. The number preceding
the slash represents the height limit for podium buildings. The number following the slash
represents the height limit for towers. No building may exceed the podium height limit except
for towers meeting the bulk and tower spacing controls established in Section 270(e) and (f).
(c) Maximum Height Controls for Podiums and Towers in the R-2 Bulk District and the Van
Ness & Market Residential Special Use District. In the R-2 bulk district and within the Van Ness &
Market Residential Special Use District, maximum permitted building heights for both podiums and
towers are expressed as two sets of numbers separated by a double slash in the format described above,
in subsection (b). Each set of numbers represents the maximum heights for podium and tower
applicable to the parcel and as regulated per subsection (b) above as follows: The first set of numbers
represents the principally permitted height limits for the parcel, both for the podium and for the tower.
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The second set of numbers after the double slash represents the maximum height limits for podium and
tower that can be granted by the Planning Commission for that parcel through an exception pursuant
to the procedures and findings of Section 309(a)(17).
SEC. 270 Bulk Limits: Measurement
* * * *
(f) Van Ness &and Market Downtown Residential Special Use District. In Bulk
District R-2, (Van Ness &and Market Downtown Residential Special Use District), bulk
limitations are as follows:
(1) Tower Bulk and Spacing. In height districts In the R-2 bulk district 120/200-R-2,
20/300-R-2, 120/320-R-2, and 120/400-R-2, there are no bulk limitations below the podium height
120 feet in 7 height, and structures above 120 feet in the podium height shall meet the bulk
limitations described in subsection (e)(2)(A)-(FE). In height district 85/250-R-2 there are no bulk
limitations below 85 feet in height, and structures above 85 feet in height shall meet the bulk limitations
described in subsections (e)(2)(A) - (F). To ensure tower sculpting, the gross floor area of the top one-
third of the height of the tower shall be reduced by not less than 10 percent from the maximum floor
plates described in subsections (e)(2)(A) – (E) above, and the average diagonal of the top one-third of
the height of the tower shall be reduced by not less than 13% from the average diagonal of the tower,
unless the overall tower volume is reduced by an equal or greater volume.
(2) Exceptions. In the R-2 bulk district, the Planning Commission may grant bulk
exceptions through the procedures and findings of Section 309(a)(17) to increase the allowed bulk of
buildings up to the limits described in subsections (A) – (D) below. The procedures for granting
exceptions to bulk limits described in Section 272 shall not apply.
(A) Towers up to 350 feet in height may not exceed an average floor area of
10,000 gross square feet.
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(B) Towers taller than 350 feet may not exceed an average floor area of 12,000
gross square feet, maximum plan length of 150 feet, and maximum diagonal dimension of 190 feet.
(C) Towers taller than 550 feet in height districts of 590 feet and greater may
not exceed an average floor area of 18,500 gross square feet between a podium height of 140 feet and
170 feet. Building mass above 150 feet shall be set back at least 10 feet from the property line for a
minimum of 90% of all street frontages.
(D) Exceptions to the tower sculpting requirements described in subsection (f)(1)
above may be considered up to the limits as follows:
(i) For towers less than 400 feet in height, the provision may be fully
waived.
(ii) For towers taller than 400 feet in height, at least one-quarter of the
tower’s floors shall be reduced by not less than 10% from the maximum floor areas described in (2)(B)
above.
(iii) For towers between 500 and 550 feet in height, the average diagonal
of the upper one-third of the height of the tower shall be reduced by not less than 5% of maximum
diagonal dimension described in subsection 270(e), above.
(23) In order to provide adequate sunlight and air to streets and open spaces, a
minimum distance of 115 feet must be preserved between all structures above 120 feet in
height at all levels above 120 feet in height the applicable podium height for the subject development
lot. Spacing shall be measured horizontally from the outside surface of the exterior wall of the
subject building to the nearest point on the closest structure above 120 feet in height.
(34) No Exceptions shall be permitted as described in section (2) (a)-(c) above. The
procedures for granting special exceptions to bulk limits described in Section 272 shall not
apply.
* * * *
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SEC. 270.2. SPECIAL BULK AND OPEN SPACE REQUIREMENT: MID-BLOCK
ALLEYS IN LARGE LOT DEVELOPMENT IN THE EASTERN NEIGHBORHOODS MIXED
USE DISTRICTS, SOUTH OF MARKET NEIGHBORHOOD COMMERCIAL TRANSIT
DISTRICT, FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT,
REGIONAL COMMERCIAL DISTRICT, C-3 DISTRICT, AND DTR DISTRICT.
* * * *
(d) Requirements.
* * * *
(3) For new construction within the Van Ness & Market Residential Special Use
District on lots with greater than 300 linear feet of street frontage, the project shall provide a publicly-
accessible mid-block alley between any two frontages that have at least 200 feet of length each. Such
alley shall be subject to all requirements of this Section 270.2, except that the requirements of
subsection 270.2(e)(14) shall not apply. A project subject to this subsection 270.2(d)(3) may seek an
exception to the requirements of Section 270.2(e)(6) pursuant to the procedures and findings of Section
309(a)(18).
* * * *
SEC. 309. PERMIT REVIEW IN C-3 DISTRICTS.
* * * *
(a) Exceptions. Exceptions to the following provisions of this Code may be granted
as provided in the code sections referred to below:
* * * *
(16) Exceptions to the Micro-Retail requirements as permitted in Section 249.33.
(17) Exceptions to the height and bulk limits for parcels within the Van Ness & Market
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Residential Special Use District as defined by Section 270(f)(2). In considering such exceptions, the
Planning Commission shall consider the extent to which the project achieves the following: (A) sculpts
the building massing to achieve an elegant and creative tower form that enhances the skyline; (B)
reduces or minimizes potential impacts on winds and shadows; (C) provides ground floor uses that
serve a range of income levels and enrich the social landscape of the area such as: Arts Activities,
Child Care Facility, Community Facility, Instructional Service, Public Facility, School, Social Service,
priority health service or neighborhood-serving retail; and (D) maximizes housing density within the
allowed envelope.
(18) Exceptions to the percent lot coverage requirements of Section 270.2(e)(6) for
projects within the Van Ness & Market Residential Special Use District. The Planning Commission
shall only grant such exceptions if the Planning Commission finds that: (A) the proposed mid-block
alley and percent coverage do not negatively affect the use and purpose of the alley as a means of
creating a more efficient pedestrian network, as described in subsections 270.2(a)-(b); and (B) the
proposed percent coverage does not negatively impact the quality of the mid-block alley as an area of
pedestrian and retail activity and public open space. An exception shall not be granted for any mid-
block alley that is less than 35 percent open to the sky.
(19) Exceptions to the required minimum dwelling unit mix in Section 207.6 for projects
within the Van Ness & Market Residential Special Use District. In considering such exceptions, the
Planning Commission shall consider the following criteria:
(A) whether the project demonstrates a need or mission to serve unique
populations; or
(B) whether the project site or existing building(s), if any, feature physical
constraints that make it unreasonable to fulfill the requirements of Section 207.6 or subsection
309(a)(19)(i).
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(20) Exceptions to the permitted obstructions requirements in Section 136 for projects
within the Van Ness & Market Special Use District as defined by Section 270(f)(2). The Planning
Commission shall only grant such an exception if it finds that the proposed obstructions assist the
proposed development to meet the requirements of Section 148, or otherwise reduce wind speeds at the
ground-level or at upper level open space.
SEC. 341.5. MARKET AND OCTAVIA COMMUNITY ADVISORY COMMITTEE.
* * * *
(b) Representation. The Board of Supervisors shall appoint 2/3 of the committee
members and the Mayor shall appoint 1/3 of the committee members on the CAC. Both the
Board and the Mayor shall appoint members that represent the diversity of the plan area. The
Citizens Advisory Committee shall be comprised of 7-11 9 community members from varying
geographic, socio-economic, ethnic, racial, gender, and sexual orientations living or working
within the plan area. At a minimum, there must be one representative from each of the
geographic areas of the Plan Area. Two members of the Citizens Advisory Committee may live or
work in the Market and Octavia Plan Area Boundary or within 1,250 feet of the plan area boundary.
The CAC should adequately represent key stakeholders including resident renters, resident
homeowners, low-income residents, local merchants, established neighborhood groups within
the plan area, and other groups identified through refinement of the CAC process. Each
member shall be appointed by the Board and will serve for two-year terms, but those terms
shall be staggered such that, of the initial membership, some members will be randomly
selected to serve four-year terms and some will serve two-year terms. The Board of
Supervisors may renew a member's term.
* * * *
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SEC. 401. DEFINITIONS.
* * * *
"Market and Octavia Community Improvements Program." The program intended to
implement the community improvements identified in the Market and Octavia Area Plan, as
articulated in the Market and Octavia Community Improvements Program Document on file
with the Clerk of the Board in File No. 071157. , and as updated in the revised Market and Octavia
Community Improvements Program Document, identified as part of the amendments to the Market and
Octavia Area Plan for the area known as the Hub, on file with the clerk of the board in File No.
200559.
* * * *
SEC. 411A.5. TSF SCHEDULE.
(a) Development Projects subject to the TSF shall pay the following fees, as adjusted
annually in accordance with Planning Code Section 409(b).
* * * *
(b) Development Projects in the Market & Van Ness Residential Special Use District may
propose to pay their TSF in kind, as set forth in Section 249.33.
SEC. 416.3. APPLICATION OF AFFORDABLE HOUSING FEE REQUIREMENT.
* * * *
(b) Other Fee Provisions. This additional affordable housing fee shall be subject to
the inflation adjustment provisions of Section 409 and the waiver and reduction provisions of
Section 406. This additional affordable housing fee may not be met through the in-kind
provision of community improvements or Community Facilities (Mello Roos) financing options
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of Sections 421.3(d) and (e). Pursuant to Section 249.33, in the Van Ness & Market Residential
Special Use District this fee may be paid in any of the alternatives set forth in Section 415.5(g).
* * * *
SEC. 421.5. MARKET AND OCTAVIA COMMUNITY IMPROVEMENTS FUND
* * * *
(b) Use of Funds. The Fund shall be administered by the Board of Supervisors.
(1) Infrastructure. All monies deposited in the Fund shall be used to design,
engineer, acquire, improve, and develop neighborhood open spaces, pedestrian and
streetscape improvements, bicycle infrastructure, childcare facilities, and other improvements
that result in new publicly-accessible facilities and related resources within the Market and
Octavia Plan Area or within 250 1,250 feet of the Plan Area and within the Upper Market Street
Neighborhood Commercial Transit District, portions of which are located outside the plan area.
Funds may be used for childcare facilities that are not publicly owned or publicly- accessible.
The improvements, where applicable, shall be consistent with the Market and Octavia Civic
Streets and Open Space System as described in Map 45 of the Market and Octavia Area Plan
of the General Plan, and Market and Octavia Community Improvements PlanProgram. The
funds shall be allocated in accordance with Table 421.5A.
* * * *
SEC. 424.1. FINDINGS SUPPORTING THE VAN NESS &AND MARKET AFFORDABLE
HOUSING AND NEIGHBORHOOD INFRASTRUCTURE FEE AND PROGRAM.
* * * *
(c) Public Improvements. The public improvements acceptable in exchange for
granting the FAR bonus, and that would be necessary to serve the additional population
created by the increased density, are listed below. All public improvements shall be consistent
with the Market and Octavia Area Plan.
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(1) Open Space Acquisition and Improvement. Brady Park Open Spaces
described in the Market and Octavia Area Plan, or other open space of comparable size and
performance. Open space shall be dedicated for public ownership or permanent easement for
unfettered public access and improved for public use, including landscaping, seating, lighting,
and other amenities.
(2) Complete Streets. Pedestrian and Streetscape improvements and Bicycle
Infrastructure within the Special Use District as described in the Market and Octavia Area
Plan, including Van Ness and South Van Ness Avenues, Gough, Mission, McCoppin, Market,
Otis, Oak, Fell, Valencia, 11th, and 12th Streets, and 13th Streets, along with adjacent alleys.
Improvements include sidewalk widening, landscaping and trees, lighting, seating and other
street furniture (e.g., newsracks, kiosks, bicycle racks), signage, transit stop and subway
station enhancements (e.g., shelters, signage, boarding platforms), roadway and sidewalk
paving, and public art and living alleys.
(3) Affordable Housing. The type of affordable housing needed in San
Francisco is documented in the City's Consolidated Plan and the Residence Housing Element
of the General Plan. New affordable rental housing and ownership housing affordable to
households earning less than the median income is greatly needed in San Francisco.
SEC. 424.3. APPLICATION OF VAN NESS &AND MARKET AFFORDABLE HOUSING
AND NEIGHBORHOOD INFRASTRUCTURE FEE AND PROGRAM.
(a) Application. Section 424.1et seq. shall apply to any development project located in
the Van Ness &and Market Downtown Residential Special Use District, as established in
Section 249.33 of this Code. The Fee is due and payable to the Development Fee Collection
Unit at DBI at the time of and in no event later than issuance of the first construction
document, with an option for the project sponsor to defer payment to prior to issuance of the
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first certificate of occupancy upon agreeing to pay a deferral surcharge that would be paid into
the appropriate fund in accordance with Section 107A.13.3 of the San Francisco Building
Code.
(b) Amount of Fee.
(i1) All uses in any development project within the Van Ness &and Market
Downtown Residential Special Use District shall pay $30.00 per net additional gross square
foot of floor area in any portion of building area exceeding the base development site FAR of
6:1 up to a base development site FAR of 9:1.
(ii2) All uses in any development project within the Van Ness &and Market
Downtown Residential Special Use District shall pay $15.00 per net additional gross square
foot of floor area in any portion of building area exceeding the base development site FAR of
9:1.
(c) Option for In-Kind Provision of Infrastructure Improvements and Fee Credits.
Project sponsors may propose to directly provide community improvements to the City. In
such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor
and issue a fee waiver from the neighborhood infrastructure portion ($15.00 per net additional
gross square foot of floor area) of the Van Ness &and Market Downtown Residential Special
Use District Affordable Housing and Neighborhood Infrastructure Fee from the Planning
Commission, subject to the following rules and requirements:
(1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless
the proposed in-kind improvements meet an identified community need as analyzed in the
Van Ness &and Market Affordable Housing and Neighborhood Infrastructure Program and
where they substitute for improvements that could be provided by the Van Ness &and Market
Downtown Residential Special Use District Infrastructure Fee Fund (as described in Section
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424.5). The City may reject in-kind improvements if they are not consistent with the priorities
identified in the Van Ness &and Market Affordable Housing and Neighborhood Infrastructure
Program. No physical improvement or provision of space otherwise required by the Planning
Code or any other City Code shall be eligible for consideration as part of this In-Kind
Improvements Agreement.
* * * *
(4) Approval Process. The Planning Commission must approve the material
terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City
Attorney must approve the agreement as to form and to substance. The Director of Planning
is authorized to execute the Agreement on behalf of the City. If the Planning Commission
approves the In-Kind Agreement, it shall waive the amount of the neighborhood infrastructure
portion of the Van Ness &and Market Downtown Residential Special Use District Affordable
Housing and Neighborhood Infrastructure Fee by the value of the proposed In-Kind
Improvements Agreement as determined by the Director of Planning. No credit shall be made
for land value unless ownership of the land is transferred to the City or a permanent public
easement is granted, the acceptance of which is at the sole discretion of the City. The
maximum value of the In-Kind Improvements Agreement shall not exceed the required
neighborhood infrastructure portion of the Van Ness &and Market Affordable Housing and
Neighborhood Infrastructure Fee.
* * * *
SEC. 424.4. VAN NESS &AND MARKET DOWNTOWN RESIDENTIAL SPECIAL
USE DISTRICT AFFORDABLE HOUSING FUND.
(a) That portion of gross floor area subject to the $30.00 per gross square foot fee
referenced in Section 424.3(b)(i1) above shall be deposited into the special fund maintained
by the Controller called the Citywide Affordable Housing Fund established by Section 413.10.
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Except as specifically provided in this Section, collection, management, enforcement, and
expenditure of funds shall conform to the requirements related to in-lieu fees in Planning Code
Section 415.1et seq., specifically including, but not limited to, the provisions of Section 415.7.
(b) Priorities for SUD Affordable Housing Fees Implementation. In order to increase the
supply of housing affordable to qualifying households in the Market and Octavia Plan Area, the Upper
Market NCT District, and to the City, the following is the prioritization of the use of these fees;
(1)
First, to increase the supply of housing affordable to qualifying households in the
Van Ness & Market Residential Special Use District;
(2)
Second, to increase the supply of housing affordable to qualifying households
within 1 mile of the boundaries of the Market and Octavia Area Plan;
(3)
Third, to increase the supply of housing affordable to qualifying households in
the City and County of San Francisco.
SEC. 424.5. VAN NESS &AND MARKET DOWNTOWN RESIDENTIAL SPECIAL
USE DISTRICT INFRASTRUCTURE FUND.
* * * *
(1) Infrastructure. All monies deposited in the Fund, plus accrued interest,
shall be used solely to design, engineer, acquire and develop neighborhood recreation and
open space, pedestrian amenities and streetscape improvements, and bicycle infrastructure
that result in new publicly-accessible facilities. First priority should be given to projects within
the Van Ness &and Market Downtown Residential Special Use District or the area bounded by
10th Street, Howard Street, South Van Ness Avenue, the northeastern line of the Central Freeway,
Market Street, Franklin Street, Hayes Street, and Polk Street. Second Priority should be given to
projects within the Market and Octavia Plan Area or within 1,250 feet of the Plan Area. These
improvements shall be consistent with the Market and Octavia Area Plan of the General Plan
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and any Plan that is approved by the Board of Supervisors in the future for the area covered
by the Van Ness &and Market Downtown Residential Special Use District, except that monies
from the Fund may be used by the Planning Commission to commission studies to revise the
fee above, or to commission landscape, architectural or other planning, design and
engineering services in support of the proposed public improvements.
* * * *
///
///
Section 3. The Planning Code is revised by adding Section 425, to read as follows:
SEC. 425. VAN NESS & MARKET COMMUNITY FACILITIES FEE AND FUND
Sections 425.1 through 425.4 set forth the requirements and procedures for the Van Ness &
Market Community Facilities Fee and Fund.
SEC. 425.1. PURPOSE AND FINDINGS.
(a) Purpose. New development in the Van Ness & Market Residential Special Use District will
increase the resident populations, generating new demand for use of community facilities, such as
cultural facilities, health clinics, services for people with disabilities, and job training centers. New
revenues to fund investments in community services are necessary to maintain the existing level of
service. This fee will generate revenue that will be used to ensure an expansion in community service
facilities as new development occurs in the Van Ness & Market Residential Special Use District area.
(b) Findings. In adopting the amendments to the Market and Octavia Area Plan (Ordinance
No. _____), on file with the Clerk of the Board of Supervisors in File No. 200557, and corresponding
amendments to the Planning Code (Ordinance No. _____ on file with the Clerk of the Board of
Supervisors in File No. 200559), the Board of Supervisors reviewed the Central SoMa Community
Facilities Nexus Study, prepared by Economic & Planning Systems and dated March 2016, as well as
125-20
126-20
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the Hub Community Facilities Nexus Memo, prepared by the Planning Department and dated June __,
2020 (collectively the “Nexus Study” for the purposes of Sections 425 et seq.). The Board of
Supervisors reaffirms the findings and conclusions of the Nexus Study as they relate to the impact of
new development in the Van Ness & Market Special Use District on community services facilities and
hereby adopts the findings contained in the Nexus Study.
SEC. 425. 2 APPLICATION OF FEES.
(a) Applicable Projects. The Van Ness & Market Community Facilities Fee is applicable to
any development project within the Van Ness & Market Residential Special Use District, described in
Section 249.33, that:
(1) Includes new construction, or an addition of space, in excess of 800 gross square
feet of residential use; or
(2) Converts 800 gross square feet or more of existing structure(s) from non-residential
to residential use.
(b) Fee Calculation. For applicable projects, the fee is $1.16 per net additional gross square
foot of residential use or gross square foot of space converted from non-residential to residential use.
(c) Option for In-Kind Provision of Community Improvements and Fee Credits. Project
sponsors may propose to provide community improvements directly to the City. In such a case, the City
may enter into an In-Kind Improvements Agreement with the sponsor and issue a partial or total fee
waiver for the Van Ness & Market Community Facilities Fund from the Planning Commission, subject
to the following rules and requirements:
(1) Approval Criteria. The City shall not enter into an In-Kind Improvements
Agreement unless the proposed in-kind improvements meet an identified community need for
cultural/arts facilities, social welfare facilities, or community health facilities, as described in the
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Nexus Study. In addition, the City may reject in-kind improvements if they are not consistent with the
priorities identified in the Market & Octavia Area Plan; the priorities identified by the Interagency
Plan Implementation Committee (see Section 36 of the Administrative Code), or the Market & Octavia
Citizens Advisory Committee; or other prioritization processes related to the Market & Octavia Area
Plan community improvements programming. No physical improvement or provision of space
otherwise required by the Planning Code or any other City Code shall be eligible for consideration as
part of an In-Kind Improvements Agreement.
(2) Valuation, Content, Approval Process, and Administrative Costs. The valuation,
content, approval process, and administrative costs shall be undertaken pursuant to the requirements of
subsections 421.3(d)(2) through 421.3(d)(5).
(d) Timing of Fee Payments. The fee shall be due and payable to the Development Fee
Collection Unit at DBI at the time of issuance of the first construction document for the development
project. However, the project sponsor shall have the option to defer payment to prior to issuance of the
first certificate of occupancy upon agreeing to pay a deferral surcharge as set forth in Section
107A.13.3 of the San Francisco Building Code.
(e) Waiver or Reduction of Fees. Development projects may be eligible for a waiver or
reduction of impact fees, pursuant to Section 406.
SEC. 425.3. IMPOSITION OF VAN NESS & MARKET COMMUNITY FACILITIES FEE.
(a) Determination of Requirements. The Department shall determine the applicability of
Section 425 et seq. to any residential development project requiring a first construction document and,
if Section 425 et seq. is applicable, the Department shall determine the amount of the Van Ness &
Market Community Facilities Fees required and shall impose these requirements as a condition of
approval for issuance of the first construction document for the development project. The project
sponsor shall supply any information necessary to assist the Department in this determination.
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(b) Department Notice to Development Fee Collection Unit at DBI. Prior to the issuance of a
building or site permit for a development project subject to the requirements of Section 425 et seq., the
Department shall notify the Development Fee Collection Unit at DBI of its final determination of the
amount of the Van Ness & Market Community Facilities Fees required, including any reductions
calculated for an In-Kind Improvements Agreement, in addition to the other information required by
Section 402(b) of this Article.
(c) Development Fee Collection Unit Notice to Department Prior to Issuance of the First
Certificate of Occupancy. The Development Fee Collection Unit at DBI shall provide notice in writing
or electronically to the Department prior to issuing the first certificate of occupancy for any
development project subject to Section 425 et seq. that has elected to fulfill all or part of its Van Ness &
Market Community Facilities Fee requirement with an In-Kind Improvements Agreement. If the
Department notifies the Unit at such time that the sponsor has not fully satisfied all of the terms of the
In-Kind Improvements Agreement, the Director of DBI shall deny any and all certificates of occupancy
until the project complies with the requirements of Section 425 et seq., either through conformance with
the In-Kind Improvements Agreement or payment of the remainder of the Van Ness & Market
Community Facilities Fee that would otherwise have been required, plus a deferral surcharge as set
forth in Section 107A.13.3.1 of the San Francisco Building Code.
(d) Process for Revisions of Determination of Requirements. In the event that the
Department or the Commission takes action affecting any development project subject to Section 425 et
seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or
the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of
Section 402(c) of this Article shall be followed.
SEC. 425. 4 THE VAN NESS & MARKET COMMUNITY FACILITIES FUND.
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BOARD OF SUPERVISORS
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(a) There is hereby established a separate fund set aside for a special purpose entitled the Van
Ness & Market Community Facilities Fund (“Fund”). All monies collected by the Development Fee
Collection Unit at DBI pursuant to this Section 425 shall be deposited in a special fund maintained by
the Controller. The receipts in the Fund are to be used solely to fund community facilities subject to the
conditions of this Section 425 et seq.
(b) Expenditures from the Fund shall be administered by the Mayor’s Office of Housing and
Community Development, or its successor. The Mayor’s Office of Housing and Community
Development or its successor shall have the authority to prescribe rules and regulations governing the
Fund.
(1) All monies deposited in the Fund shall be used to design, engineer, and develop
community facilities as described in the Nexus Study, including cultural/arts facilities, social welfare
facilities, and community health facilities, in the Market and Octavia Plan Area or within 1,250 feet of
the Plan Area.
(2) Funds may be used for administration and accounting of fund assets, for additional
studies related to community facilities identified in the Market & Octavia Area Plan or Market &
Octavia Area Plan Implementation Document, or by the Interagency Plan Implementation Committee
or the Market & Octavia Citizens Advisory Committee, and to defend the Van Ness & Market
Community Facilities Fee against legal challenge, including the legal costs and attorney’s fees
incurred in the defense. Administration of this fund includes time and materials associated with
reporting requirements, facilitating any necessary or required public meetings aside from Planning
Commission hearings, and maintenance of the fund. Monies from the Fund may be used by the
Planning Commission to commission economic analyses for the purpose of revising the fee, and/or to
complete an updated nexus study to demonstrate the relationship between development and the need for
public facilities and services if this is deemed necessary. Monies used for the purposes consistent with
Mayor Breed
BOARD OF SUPERVISORS
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this subsection 425.4(b)(2) shall not exceed five percent of the total fees collected. All interest earned
on this account shall be credited to the Van Ness & Market Community Facilities Fund.
(3) The Planning Department shall report quarterly to the Planning Commission on
the current status of the fund, as well as annually to the Planning Commission on the current
status of the fund as part of the Annual Progress Reports required by Administrative Code Section
36.4.
(4) All funds are justified and supported by the Nexus Study, adopted as part of the
Market & Octavia Area Plan Amendments (Ordinance No. ______, on file with the Clerk of the Board
of Supervisors in File No. 200557) and corresponding Planning Code Amendments (Ordinance No.
______ on file with the Clerk of the Board of Supervisors in File No. 200559). Implementation of the
Fee and Fund shall be monitored according to the Market and Octavia Area Plan Monitoring Program
required by Planning Code Section 341.
Section 4. Effective Date.
(a) 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 5. 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.
Mayor Breed
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APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
/s/ Andrea Ruiz Esquide
ANDREA RUIZ-ESQUIDE
Deputy City Attorney
n:\legana\as2020\1700197\01464128.docx
Tails
City and County of San Francisco
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Ordinance
Ordinance amending the Planning Code to amend the Van Ness and Market Downtown Residential
Special Use District, to encourage additional housing and uses that support neighborhood residents
and businesses, and to give effect to amendments to the Market and Octavia Area Plan; amending
Planning Code, Sections 145.4, 151.1, 155, 207.6, 249.33, 260, 261.1, 263.19, 270, 270.2, 309,
341.5, 401, 411A.5, 416.3, 421.5, 424.1, 424.3, 424.4, and 424.5; adding new Planning Code,
Section 425, to create the Van Ness and Market Community Facilities Fee and Fund; and making
environmental findings, including adopting a statement of overriding considerations, findings of
consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1,
and findings of public necessity, convenience, and welfare under Planning Code, Section 302.
File Number:
July 28, 2020
Date Passed:
200559
July 13, 2020 Land Use and Transportation Committee - CONTINUED
July 20, 2020 Land Use and Transportation Committee - DUPLICATED
July 20, 2020 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
July 20, 2020 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
AS A COMMITTEE REPORT
July 21, 2020 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
July 28, 2020 Board of Supervisors - FINALLY PASSED
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
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City and County of San Francisco
Printed at 1:35 pm on 7/29/20
