Ordinance No. 0138-18
Ord. No. 0138-18
in effectAMENDED IN BOARD
FILE NO. 180117
6/5/2018
ORDINANCE NO. 138-18
[Planning Code - Increasing the Transportation Sustainability Fee for Large Non-Residential
Projects]
Ordinance amending the Planning Code to increase the Transportation Sustainability
Fee by $5 (to $24.04) for Non-Residential Projects larger than 99,999 gross square feet"'
except in the Central South of Market Area Plan area. where the fee for such projects
would be increased by $2 (to $21.04); affirming the Planning Department's
determination under the California Environmental Quality Act; and making findings of
public necessity, convenience and welfare, 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 italics Times NerF 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
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
Code Section 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 180117 and is incorporated herein by reference. The Board affirms
this determination.
(b)
On September 10. 2015, the Planning Commission, in Resolution No. 19454,
adopted findings that the actions contemplated in tffis the ordinance adopting the original
Supervisors Peskin; Ronen
BOARD OF SUPERVISORS
Page 1
Transportation Sustainability Fee. Ordinance No. 200-15. are were 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 and extends them to this ordinance, because this
ordinance increases the Transportation Sustainability Fee by a moderate amount the fee as
increased is supported by the nexus study prepared for Ordinance No. 200-15, and the fee as
increased is within the recommendations of the feasibility study also prepared for Ordinance
No. 200-15. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in
File No. 180117, and is incorporated herein by reference.
(c)
On September 10, 2015, the Planning Commission, in Resolution No. 19454,
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approved tffis legislation adopting the original Transportation Sustainability Fee, Ordinance
No. 200-15, recommended it for adoption by the Board of Supervisors, and adopted findings
that it will serve the public necessity, convenience and welfare. Pursuant to Planning Code
Section 302, the Board adopts these findings as its own, and extends them to this ordinance,
because this ordinance increases the Transportation Sustainability Fee by a moderate
amount the fee as increased is supported by the nexus study prepared for Ordinance 200-15,
and the fee as increased is within the recommendations of the feasibility study also prepared
for Ordinance No. 200-15. A copy of said Resolution is on file with the Clerk of the Board of
Supervisors in File No. 180117, and is incorporated by reference herein.
Section 2. The Planning Code is hereby amended by revising Section 411A.5, to read
as follows:
SEC. 411A.5. TSF SCHEDULE.
Development Projects subject to the TSF shall pay the following fees, as adjusted
annually in accordance with Planning Code Section 409(b).
Supervisors Peskin; Ronen
BOARD OF SUPERVISORS
Page 2
Table 411A.5. TSF Schedule
Land Use Categories
TSF
Residential, 21-99 units
$7. 7 4 for all gsf of Residential use in the
first 99 dwelling units (see Section
411A.4(c) above).
Residential, all units above 99 units
$8.74 for all gsf of Residential use in all
dwelling units at and above the 1 OOth unit
(see Section 411A.4(c) above).
Non-Residential, except Hospitals and
$18.04 for all gsf of Non-Residential uses
Health Services, 800-99,999 gsf
less than 100,000 gsf.
Non-Residential, except Hospitals and
$19. 04 $24. 04 for all gsf of Non-
Health Services, all gsf above 99,999 gsf± Residential use greater than 99,999 gsf.
in all areas of the Cit~ excegt the Central
South of Market Area Plan
Non-Residential, excegt Hosgitals and
$21.04 for all gsf of Non-Residential use
Health Services, all gsf above 99,999 gsf,
greater than 99,999 gsf.
in the Central South of Market Area Plan
Hospitals
$18.74 per calculation method set forth in
Section 411A.4(d).
Health Services, all gsf above 12,000 gsf
$11.00 for all gsf above 12,000 gsf
Production, Distribution and Repair
$7.61
Section 3. Effective Date: Ogerative Dates.
LgL 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.
(b) This ordinance shall become ogerative on its effective date, with the following
excegtion: The amendments set forth in Section 2 of this ordinance, in the Table 411A.5. TSF
Supervisors Peskin; Ronen
BOARD OF SUPERVISORS
Page 3
Schedule. pertaining to the Central South of Market Area Plan. shall become operative on the
effective date of this ordinance or the effective date of the ordinance in Board File No.
180184, whichever is later. If the ordinance in Board File No. 180184 does not become
effective, all references to the Central South of Market Area Plan in the Table 411A.5. TSF
Schedule in Section 2 of this ordinance shall not become operative.
Section 4. This section is uncodified. This Ordinance shall not apply to projects that
have Development Agreements approved before June 5, 2018.
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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:
DENNIS J. HER ER
City Attorney
By:
n:lleganalas201811800350\01280790.docx
Supervisor Peskin
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:
180117
Date Passed: June 12, 2018
Ordinance amending the Planning Code to increase the Transportation Sustainability Fee by $5 (to
$24.04) for Non-Residential Projects larger than 99,999 gross square feet, except in the Central
South of Market Area Plan area, where the fee for such projects would be increased by $2 (to
$21.04); affirming the Planning Department's determination under the California Environmental
Quality Act; and making findings of public necessity, convenience and welfare, and findings of
consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.
May 07, 2018 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
May 07, 2018 Land Use and Transportation Committee - CONTINUED AS AMENDED
May 21, 2018 Land Use and Transportation Committee - RECOMMENDED
June 05, 2018 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE
BEARING SAME TITLE
Ayes: 10 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and
Yee
Absent: 1 - Cohen
June 05, 2018 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
Ayes: 10 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and
Yee
Absent: 1 - Cohen
June 12, 2018 Board of Supervisors - FINALLY PASSED
City and County of San Francisco
Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani,
Tang and Yee
Pagel
Printed at 3:51pm0116113118
File No. 180117
Mark E. Farrell
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
6/12/2018 by the Board of Supervisors of
the City and County of San Francisco.
Date A{,proved
Printed al 3:51 pm on 6113118
References
amendsSec. 411.9
Source: sf_ordinance_pdfURL: http://sfbos.archive.sf.gov/sites/default/files/o0138-18.pdfFetched: 7/4/2026