ILE NO. 160925
AMENDED IN BOARD
1/31 /2017
ORDINANCE NO. 34-17
Planning Code - Transportation Demand Management Program Requirement]
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Ordinance amending the Planning Code to establish a citywide Transportation Demand
!Management (TOM) Program, to require Development Projects to incorporate design
1features, incentives, and tools that support sustainable forms of transportation; to
!create a new administrative fee to process TOM Plan applications and compliance
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[reports; and to make conforming amendments to various sections of the Planning
I Code; affirming the Planning Department's determination under the California
Environmental Quality Act, and making findings of public necessity, convenience, and
welfare under Planning Code Section 302, and findings of consistency with the General
Plan and the eight priority policies of Planning Code Section 101.1.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough iffflics Times }kw Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough Arial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Findings. The Board of Supervisors of the City and County of San
I Francisco hereby finds and determines that:
(a)
The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
I Code Section 21000 et seq.). Said determination is on file with the Clerk of the Board of
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1Supervisors in File No. 160925, and is incorporated herein by reference. The Board affirms
this determination.
Supervisors Cohen; Sheehy, Farrell, Breed, Safai
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(b)
On 2/7 /2017, the Planning Commission, in Resolution No.
, the
Board of Suoervisors 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 ovm. A copy of said Resolutio n
A Memorandum from the Plannina Deoartment discussina the ordinance's consistencv with
he General Plan and Plannina Code Section 101.1 is on file with the Clerk of the Board of
!Supervisors in File No. 160925, and is incorporated herein by reference. The Board adopts
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1those findinas as its own.
(c)
On August 4, 2016, the Planning Commission, in Resolution No. 19715,
approved this legislation, and recommended it for adoption by the Board of Supervisors=, A
Memorandum from the Planning Department discussing how public necessity, convenience
and welfare· require adoption of this ordinance is on file with the Clerk of the Board of
Supervisors in File No. 160925. and is incornorated herein by reference. The Board adopts
those findings as its own. and adopted findings that it will serve the public necessity,
convenience and \Velfare. Pursuant to Planning Code Section 302, the Board adopts these
findings as its own. A copy of said Planning Commission Resolution No. 19715.
recommending adoption of this Ordinance, is on file with the Clerk of the Board of Supervis ors
in File No. 160925 and is incorporated herein by reference.
Section 2. The Planning Code is hereby amended by adding Sections 169, 169.1,
169.2, 169.3, 169.4, 169.5, and 169.6, to read as follows:
SEC. 169. TRANSPORTATION DEMAND MANAGEMENT PROGRAM.
Sections 169 through 169. 6 (h,ereafter referred to collectively as "Section 169 ") set forth the
requirements ofthe Transportation Demand Management Program (TDM Program).
Supervisors Cohen; Sheehy, Farrell, Breed, Safai
BOARD OF SUPERVISORS
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SEC. 169.1. FINDINGS.
(a)
According to Plan Bay Area 2040. the long-range integrated transportation and land-
or the San Francisco Ba Area throu h 2040 ado ted in 2013 b the Association
(k)
This growth will generate an increased demand for transportation infrastructure and
row th
ublic health and sa e concerns caused b
reenhouse as GHG
(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 effgrt 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 ofpublic outreach and discussion. The TSP includes three separate but related policy
initiatives: the Transportation Sustainability Fee {TSF).· the modernization ofSan 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 ofSupervisors File No. 150790).
(2)
The second component. the modernization o[the environmental review process
under CEQA. has been shepherded by the State under Senate Bill 743 (Stats. 2013. C. 386, now
1Supervisors Cohen; Sheehy, Farrell, Breed, Safai
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codified in Public Resources Code Section 21099). SB 7 43 reauired the Office of Plannimz and
Research (QPR) to develov new zuidelines to revlace the existinf! transvortation review standard
f'ocused on automobile delav with new criteria that "vromote the reduction of f!reenhouse zas
emissions the develovment of multimodal transvortation networks and a diversitv of land uses. " OPR
~ecommended a replacement metric o[_Vehicle Miles Traveled, or VMT, that is, the amount and
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~istance o[_automobile travel attributable to a protect. The Planning Commission unanimous!}!.
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'annroved a Resolution adovtinf! chanzes consistent with imvlementation of SB 7 43 including the use o
Vehicle Miles Traveled as the metric for calculatinz transvortation-related environmental imvacts at
its hearinf! on March 3 2016 (Planninf! 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 bl!. requiring new development wof ects to
incorporate design features, incentives, and tools that support transit, ride-sharing, walking. and
bic}!.cle riding (or the residents, tenants, emplowes, and visitors o[_their wotects.
(d)
State and regional governments have enacted man}!. laws and polic}!. initiatives that
vromote the same sustainable transvortation zoals the TDM Prozram 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 womote all forms o[_transportation.
IAssembl}!. Bill 32, the California Global Warming Solutions Act 0[_2006 (Chapter 488, Statutes of
12006), requires statewide GHG reductions to 1990 levels bl!. 2020. Executive Orders B-30-15, S-3-05
and B-16-12 set forth GHG reduction targets bewnd that }!_ear, to 2050. Senate Bill 3 7 5, the
Sustainable Communities and Climate Protection Act 0[_2008 (Chaf2fer 728, Statutes 0[_2008) supports
the state's climate action goals to reduce GHG emissions through coordinated transportation and land
use planning with the goal o[_creating more sustainable communities. Under this statute, the
California Air Resources Board establishes GHG reduction targets (or metropolitan planning
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on!anizations based on land use vatterns and transuortation svstems suecified in Retzional
Transuortation Plans and Sustainable Communitv Stratezies. Plan Bav Area 2040 sets GHG and
Vehicle Miles Traveled reduction tarzets and a tarzet for increasinz non-automobile mode share for
the Bav Area.
(e)
In addition, San Francisco has enacted many laws and policy initiatives that promote
the same sustainable transportation goals the TDM Program seeks to advance. The "Transit First
!Policy," in Section 8A.115 o[the City Charter, declares that public transit is "an economically and
environmentally sound alternative to transportation by individual automobiles, " and that within the
City, "travel by public transit, by bicycle and on foot must be an attractive alternative to travel by
1vrivate automobile. " The GHG Reduction Ordinance codified at Chauter 9 of the Environment Code
sets GHG reduction emission targets of25% below 1990 levels by 2017; 40% below 1990 levels by
12025; and 80% below 1990 levels by 2050. The City's Climate Action Strateg)!_, prepared pursuant to
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lthe GHG Reduction Ordinance, has identifled a target o[_having 50% o[total trips within the City be
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lmade by modes other than automobiles by 2017, and 80% by 2030.
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One o{_the ways identifled to
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!achieve this target is through TDM for new development.
(!)
San Francisco has long acknowledged the importance o[_TDM strategies in the
Transportation Element o[the City's General Plan, the San Francisco County Transportation Plan,
and many Area Plans. For example, each o[the Area Plans within Eastern Neighborhoods and the
Transit Center District Plan identifY policies for the development o[_a TDM program within them.
(g)
The TDM Program set forth in Section 169 requires new projects subject to its
requirements to incorporate design f§atures, incentives, and tools to encourage new residents, tenants,
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!employees, and visitors to travel by sustainable transportation modes, such as transit, walking, ride-
!sharing, and biking, thereby reducing Vehicle Miles Traveled associated with new development. The
goals o[the TDM Program are to help keep San Francisco moving as it grows, and to promote better
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environmental health and safetv outcomes consistent with the state reJ?ional and local nolicies
mentioned above.
(h)
For projects that use Development Agreements and may not be required to comply fully
with the reauirements of Section 169 it is the Board of Suvervisors' stronf! vreference that
Develovment Arrreements should include similar vrovisions that meet the zoals of the TDM Prozram.
(i)
The Board of Supervisors finds that it is in the public interest to exempt
affordable housina from the fees and reauirements of the TOM Proaram in order to nromote
this imoortant Citv oolicv and orioritv and also because these oroiects aenerallv aenerate less
VMT. A 2014 study by Transform and California Housing Partnership Corooration, "Why
creating and preserving affordable homes near transit is a highly effective climate protection
strategy," finds that "Higher Income households [defined as above 120% of area median
income] drive more than twice as many miles and own more than twice as many vehicles as
Extremely Low-Income households [defined as 30% or less of AMIJ living within 1/4 mile of
frequent transit." which demonstrates how the TOM value for on-site affordable housing units
is laraely dependent on the level of affordability of the targeted households .
(j)
The Board of Supervisors finds that it is in the public interest to exempt some
uses from the TOM Program fees. in order to promote other important City policies and
priorities. such as the goals and missions of City-funded charitable health and human service
organizations. As such, the Board of Supervisors finds that parking spaces dedicated to
service vehicles provided for City-funded charitable health and human service organizations
shall be excluded from the definition of a parking space in the TOM Program Standards.
SEC. 169.2. DEFINITIONS.
For purpose ofSection 169, the following definitions shall apply. In addition, see the Planning
Commission Standards for the Transportation Demand Management Program (TDM Program
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~tandard> ), described in Section 16 9. 6, fjJr additional definitions o[lerms ar!J!.licable to this Section
1169.
Approval. Any required approval or determination on a Development Application that the
Planninf! Commission Planninf! Devartment or Zoninf! Administrator issues.
Development Application. As defined in Section 401.
Development Project. As defined in Section 401.
Transportation Demand Management, or TDM Design features, incentives, and tools
imvlemented bv Develovment Proiects to reduce VMT. bv helvinf! residents tenants emnlovees and
visitors choose sustainable travel options such as transit, bicycle riding, or walking.
Transportation Demand Management Plan, or TDM Plan. A Development Project's plan
describing compliance with the TDM Program.
Transportation Demand Management Program, or TDM Program. The San Francisco policy
requiring Development Projects to incorporate TDM measures in their proposed projects, as set forth
in Section 169.
Vehicle Miles Traveled, or VMT. A measure o(the amount and distance that a Development
Project causes people to drive, as set forth in more detail by the Planning Commission in the TDM
Program Standards prepared pursuant to Section 169. 6.
SEC. 169.3. APPLICABILITY.
(a)
Except as provided in subsection (b), Section 169 shall apply to any Development
Project in San Francisco that results in:
(I)
Ten or more Dwelling Units, as defined in Section 102; or
(2)
Ten or more bedroomss_.QLffi-a Group Housing or Residential Care FacilityL
as thisese terms_ are is defined in Section 102; or
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!supervisors Cohen; Sheehy, Farrell, Breed, Safai
!BOARD OF SUPERVISORS
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(3)
Any new construction resulting in 10, 000 occupied square feet or more of any
use other than Residential as this term is defined in Section 102 excludim! anv area used for accessorv
I I I varkinf!.' or
(4)
Any Change of Use resulting in 25, 000 occupied square feet or more of any use
other than Residential as this term is defined in Section 102 excludinf! anv area used for accessorv
varkinz, as set forth in the TDM Prof!ram Standards if'
(A)
The Change of Use involves a change from a Residential use to any use
other than Residential· or
(Bl
The Change o[_ Use involves a change fjom any use other than
I Residential, to another use other than Residential.
(52
For any Development Protect that has been required to finalize and record a
I iTDM Plan]2_ursuant to Section 169.4 below, any increase in accessory parkings]2_aces or Parking
I !Garage spaces within such Development Protect that results in an increase in the requirements o[the
TDM Standards shall be required to modif'y such TDM Plan pursuant to Section 169.4(/) below.
{Q)
Exemptions. Notwithstanding subsection (al, Section 169 shall not apply to the
followinz:
(12
One Hundred Percent Affordable Housing Protects. Residential uses within
Develo]2_ment Protects where all residential units are affordable to households at or below 150%
120% o[_the Area Median Income, as defined in Section 401, shall not be subtect to the TDM Program.
Any uses other than Residential within those protects, whose ]2_rimary purpose is to provide services to
the Residential uses within those protects shall also be exem]2_t. Other uses shall be subtect to the TDM
vrof!ram. All uses shall be subiect to all other annlicable reauirements of the Planninf! Code.
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(22
Parking Garages and Parking Lots, as defined in Section 102. However, parkin g
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[spaces within such Parking Garages or Parking Lots, when included within a larger Development
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(c)
When determining whether a Development Project shall be subject to the TDM
ro ram the Develo ment Pro ·ect shall be considered in its entire . A Develo ment Pro ·ect shall not
(d)
The TDM Program shall not apply to any Development Project that receives Approval
a-any Development Application or Development Agreement before the effective date ofthis
r,el
Development Projects with a Development Application filed or an Environmental
lication deemed com lete on or before Se tember 4 2016 shall be sub·ect to 50% of the
licable tar et as defined in the Plannin Commission's Standards. Develo ment Pro·ects
lication deemed com lete on
lication on or after Se tember 5
,2016. and before January 1. 2018. shall be subject to 75% of tAe such target. Development
!Projects with a Development Application on or after Januarv 1. 2018 shall be subject to 100%
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lot tAe such taraet.
SEC. 169.4. TRANSPORTATION DEMAND MANAGEMENT PLAN REQUIREMENTS.
(a)
A property owner shall submit a proposed TDM Plan along with the Development
Project's first Development Application. For all projects that require a pre application community
!meeting, the Project Sponsor shall present a draft TOM Plan at that pre application meeting
and solicit feedback from the local community to be taken into consideration in preparing the
proposed TOM Plan for submittal to the Planning Department. For all projects that require a
[community meeting occur prior to project application. the Project Sponsor shall discuss
[potential TOM measures and program standards at that meeting and solicit feedback from the
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local community to be taken into consideration in preparing the proposed TOM Plan for
submittal to the Planning Department. If the Planning Department requires any preliminary
application or assessment prior to the project application, the project sponsor shall submit a
draft TOM plan at that time. The proposed TDM Plan shall document the Development Project's
proposed compliance with Section 169 and the Planning Commission's TDM Program Standards.
{Q)
The proposed TDM Plan shall be reviewed in conjunction with the approval o[the first
Development Application (or the Development Project.
(c)
Compliance with the TDM Program, including compliance with a finalized TDM Plan,
shall be included as a Condition of Approval oft he Development Project. The Planning Commission
shall not waive, reduce, or adjust the requirements o[the TDM Program through the approval
processes described in Sections 304, 309, 329 or any other Planning Commission approval process
I that allows (or exceptions.
(d)
The Development Project shall be subject to the TDM Program Standards in effect at
the time o(its first Development Project ApplicationApproval. 