FILE NO. 231268
AMENDED IN COMMITTE
10/7/2024
ORDINANCE NO. 250-24
[Planning Code - Eliminating Public Art Requirement for 100% Affordable Housing Projects]
Ordinance amending the Planning Code to eliminate the public art requirement for
100% affordable housing projects; affirming the Planning Commission's determination
under the California Environmental Quality Act; and making findings, including
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 italics Times lVe·w Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\.rial 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.
(a) On November 16, 2023, the Planning Commission, in Resolution No. 21446,
determined that the actions contemplated in this ordinance comply with the California
Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said
Resolution is on file with the Clerk of the Board of Supervisors in File No. 231268 and is
incorporated herein by reference. The Board affirms this determination.
(b) The Planning Commission, in Resolution No. 21446, also 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 Planning Commission
also adopted findings of public necessity under Planning Code Section 302. The Board
adopts these findings as its own.
Supervisor Dorsey
BOARD OF SUPERVISORS
Page 1
(c) The Board of Supervisors is proceeding with this action to remove a financial
obstacle in the creation of affordable housing in furtherance of policy 8.6.5 in the recently
enacted Housing Element that states: "[r]emove Planning Code Section 429 Public Art
requirements for 100% affordable housing projects-:'' and action 4.2 in the California
Department of Housing and Community Development's Policy and Practice Review that
states: "[a]nalyze and reduce constraints imposed on projects receiving City funds for
affordable housing development. ... "
Section 2. Article 4 of the Planning Code is hereby amended by revising Section
429.2, to read as follows. Section 429.1 is in part reprinted, solely for informational purposes.
[PUBLIC ART FEE]
* * * *
SEC. 429.1. DEFINITIONS.
In addition to the definitions set forth in Section 401 of this Article, the following
definitions shall govern interpretation of Section 429.1 et seq.:
"100% Affordable Housing Project" means a project that meets the applicability
requirements for affordable housing projects set forth in Section 315(b) of this Code.
****
SEC. 429.2. APPLICATION.
This section (Section 429.1 et seq.} shall apply to:
(a) all projects that involve construction of a new building or addition of floor area in
excess of 25,000 square feet to an existing building in a C-3 District, except for 100%
Affordable Housing Projects: and
Supervisor Dorsey
BOARD OF SUPERVISORS
Page 2
(b) all non-residential projects that involve construction of a new building or addition of
floor area in excess of 25,000 square feet and that have submitted their first complete
Development Application on or after January 1, 2013 on the following parcels:
(1) all parcels in RH-DTR, TB-DTR, SB-DTR, UMU, WMUG, WMUO and SALi
Districts;
(2) properties that are zoned MUG, CMUO, or MUO or MUR and that are north
of Division/Duboce/13th Streets; and
(3) all parcels zoned C-2 except for those on Blocks 4991 (Executive Park) and
7295 (Stonestown Galleria Mall).
For the purposes of this Section 429.2, a "Development Application" shall mean any
application for a building permit, site permit, environmental review, Preliminary Project
Assessment (PPA), Conditional Use, or Variance.
Section 3. Formatting of Ordinance; Explanation of Fonts.
(a} On December 11, 2023, the Land Use and Transportation Committee of the Board
of Supervisors duplicated Board File No. 230706 to create Board File No. 231268. The
ordinance in File No. 230706 proceeded through the legislative process, was enacted as
Ordinance No. 003-24, and became effective in February 2024. The ordinance in File No.
231268 - this ordinance - remained at the Land Use and Transportation Committee. This is
the second version of that ordinance.
(b} To clearly understand the proposed amendments to existing law contained in this
second version of this ordinance, the ordinance shows in "existing text" font (plain Arial} the
law currently in effect, as amended by Ordinance No. 003-24. This ordinance shows in
"Board amendment" font (double-underlined Arial font for additions and strikethrough Arial font
Supervisor Dorsey
BOARD OF SUPERVISORS
Page 3
for deletions} amendments to existing law. This ordinance omits sections of the law currently
in effect that are not being amended by this ordinance.
(c} This second version of the ordinance also includes a new long title that replaces
the long title in the previous version of the ordinance, which had included references to the
amendments that became effective with the enactment of Ordinance No. 003-24. This
second version of the ordinance also includes some new findings.
Section ~- 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.
Section 4~. 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.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
Isl Giulia Gualco-Nelson
GIULIA GUALCO-NELSON
Deputy City Attorney
n:\legana\as2023\2300308\01791424.docx
Supervisor Dorsey
BOARD OF SUPERVISORS
Page4
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
231268
Date Passed: October 29, 2024
Ordinance amending the Planning Code to eliminate the public art requirement for 100% affordable
housing projects and provide for the relocation or removal of existing artwork at such projects subject to
certain conditions; affirming the Planning Commission's determination under the California
Environmental Quality Act; and making findings, including findings of consistency with the General
Plan, and the eight priority policies of Planning Code, Section 101.1.
December 11, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF
THE CHAIR
October 07, 2024 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
October 07, 2024 Land Use and Transportation Committee - REFERRED WITHOUT
RECOMMENDATION AS AMENDED
October 22, 2024 Board of Supervisors - PASSED ON FIRST READING
Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Preston, Ronen, Safai,
Stefani and Walton
Noes: 1 - Peskin
October 29, 2024 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 1 O - Chan, Dorsey, Engardio, Mandel man, Melgar, Preston, Ronen, Safai,
Stefani and Walton
Noes: 1 - Peskin
Page I
Printed at 8:40 am 011 10/30124
File No. 231268
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
10/29/2024 by the Board of Supervisors of
the City and County of San Francisco.
Angela Calvillo
Clerk of the Board
• Date Approved
Printed at 8:40 am on 10/30/24
