Planning Code - Downtown Rail Extension Fee Waiver
Ord. No. 0039-24
in effectFILE NO. 231164
ORDINANCE NO. 39-24
[Planning Code - Downtown Rail Extension Fee Waiver]
Ordinance amending the Planning Code to conditionally waive certain fees for projects
along the corridor of the Downtown Rail Extension; affirming the Planning
Department's determination under the California Environmental Quality Act; making
findings of consistency with the General Plan, and the eight priority policies of
Planning Code, Section 101.1; and making findings of public necessity, convenience,
and welfare pursuant to 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 itfJlics Times New RomBnfemF.
Board amendment additions are in dou
·
Arial font.
Board amendment deletions are in
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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 Land Use Findings.
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 231164 and is incorporated herein by reference. The Board affirms
this determination.
(b) On December 14, 2023, the Planning Commission, in Resolution No. 21470,
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
Supervisors Dorsey; Mandelman
BOARD OF SUPERVISORS
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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. 231164, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, the Board finds that this Planning Code
amendment will serve the public necessity, convenience, and welfare for the reasons set forth
in Planning Commission Resolution No. 21470, and the Board incorporates such reasons
herein by reference. A copy of said resolution is on file with the Clerk of the Board of
Supervisors in File No. 231164.
Section 2. Background and Findings Regarding the Downtown Rail Extension.
(a) The San Francisco Downtown Rail Extension project, which is now referred to as
the Portal, has been a regional priority since 1988 and will extend Caltrain's regional rail
system by approximately 1.6 miles, from the current station at Fourth and Townsend Streets
to the Salesforce Transit Center at First and Freemont streets, bringing Caltrain and California
High Speed Rail into downtown San Francisco. The Portal will provide significantly improved
access for Peninsula riders to San Francisco, and vice versa, as well as service travelers on
the State's future high-speed rail system.
(b) The Portal is the second phase of the Transbay Program, which was developed to
reshape an area of San Francisco's downtown and financial core by (1) improving public
access to bus and rail services, (2) modernizing the Transbay Terminal and improving
service, (3) reducing non-transit vehicle usage, and (4) alleviating blight and revitalizing the
Transbay Terminal area of downtown San Francisco.
(c) The Transbay Joint Powers Authority ("T JPA") is responsible for the construction of
the Portal. Construction of the Portal is expected to commence in 2025 with the Portal ready
for service by 2031 .
Supervisors Dorsey; Mandelman
BOARD OF SUPERVISORS
Page 2
(d) The Portal's route will be primarily below grade and utilize a constructed
subsurface rail tunnel ("Tunnel") that runs, in part, underneath Townsend Street between
Third Street and Sixth Street. The Tunnel structure is proposed to sit at an approximate depth
of 14 feet to 64 feet below grade underneath Townsend, and be approximately 50 feet in
height.
(e) The Transportation Sustainability Fee (Planning Code Sections 411A et seq.)
supports the implementation of infrastructure to meet the increased demand on City and
regional transit systems generated by new development. The Eastern Neighborhoods
Infrastructure Impact Fee (Planning Code Sections 423 et seq.) supports the improvement of
community infrastructure, including transit and transportation, to offset the demand generated
by new development in the Eastern Neighborhoods Area Plan.
(f) For new projects where the foundation and shoring systems would otherwise
encroach into the path of the Portal, it is reasonable and in the public interest to offset a
portion of these fees if those projects implement an enhanced foundation that meets the
demands and needs of the Portal, and avoids the need for additional structural measures
within the Portal project.
Section 3. Article 4 of the Planning Code is hereby amended by revising Section 406,
to add subsection (i) following subsection (h), to read as follows:
SEC. 406. WAIVER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT
PROJECT REQUIREMENTS.
* * * *
(i) Conditional Waiver or Reduction o(Fees for Central SoMa Plan Area Proiects Impacted
by the Downtown Rail Extension. A development proiect that enters into an agreement with the
Transbay Joint Powers Authority to construct foundation and shoring systems that will reduce the
Supervisors Dorsey; Mandelman
BOARD OF SUPERVISORS
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lateral force from the proiect onto the tunnel and not encroach on the tunnel alignment required for the
Downtown Rail Extension, which agreement is to the satisfaction of the Department ofBuilding
Inspection, and submits a building or site permit application that includes the agreed-upon foundation
and shoring systems, may be eligible for a conditional waiver of the Transportation Sustainability Fee
(Sections 41 JA et seq.) and the Eastern Neighborhoods Infrastructure Impact Fee (Sections 423 et
seq.), as set forth in this subsection (i). As part of the approval process for such a proiect, the Planning
Commission may conditionally approve waiver of all or a portion oft he Transportation Sustainability
Fee and of the Eastern Neighborhoods Infrastructure Impact Fee, provided that such waiver is
conditioned on the satisfaction of the actions in the preceding sentence. If the final approved building
permit or site permit foundation addendum includes the agreed-upon foundation and shoring systems,
the proiect shall receive a waiver of those fees in an amount commensurate with the net increase in cost
o[the agreed-upon foundation and shoring system as compared to a baseline foundation system, as
calculated by the Planning Department. If the final approved building permit or site permit foundation
addendum does not include the agreed upon foundation and shoring systems, the City shall withhold
issuance of the first certificate o[occupancy until the conditionally waived fees are paid.
Section 4. Effective Date. 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.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
Isl Austin Yang
AUSTIN M. YANG
Deputy City Attorney
n:lleganalas202312400132101713792.docx
Supervisors Dorsey; Mandelman
BOARD OF SUPERVISORS
Page 4
City and County of San Francisco
Tails
Ordinance
City Hall
l Dr. Carlton B. Goodlett Place
San Francisco, CA 94 l 02-4689
File Number:
231164
Date Passed: February 27, 2024
Ordinance amending the Planning Code to conditionally waive certain fees for projects along the
corridor of the Downtown Rail Extension; affirming the Planning Department's determination under the
California Environmental Quality Act; making findings of consistency with the General Plan, and the
eight priority policies of Planning Code, Section 101.1; and making findings of public necessity,
convenience, and welfare pursuant to Planning Code, Section 302.
February 05, 2024 Land Use and Transportation Committee - RECOMMENDED
February 13, 2024 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
February 27, 2024 Board of Supervisors - Fl NALLY PASSED
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
File No. 231164
London N. Breed
Mayor
City and County of San Francisco
Page 1
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
2/27/2024 by the Board of Supervisors of the
City and County of San Francisco .
....
Date Approved
Printed at 9:31 am on 2/28/24
References
amendsSec. 406
amendsSec. 407
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0039-24.pdfFetched: 7/4/2026