AMENDED IN COMMITTEE
FILE NO. 250680
9/10/2025
ORDINANCE NO. 188-25
[Planning Code - Waiving Certain Development Impact Fees in the Market and Octavia Area
Plan]
Ordinance amending the Planning Code to waive certain development impact fees in
the Market and Octavia Area Plan (the Market and Octavia Area Plan and Upper Market
Neighborhood Commercial District Affordable Housing Fee, the Market and Octavia
Community Improvements Fund, the Van Ness & Market Affordable Housing and
Neighborhood Infrastructure Fee, and the Van Ness & Market Community Facilities
Fee), to amend the Van Ness & Market Residential Special Use District, to provide that
the Market & Octavia Community Advisory Committee shall sunset six months after the
effective date of this Ordinance, and to make conforming amendments to some of the
definitions in Planning Code Section 401; affirming the Planning Department's
determination under the California Environmental Quality Act; and making public
necessity, convenience, and welfare findings 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 italics Times Ne,1,· 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 Land Use Findings.
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
Page 1
(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. 250680 and is incorporated herein by reference. The Board affirms
this determination.
(b) On July 24, 2025, the Planning Commission, in Resolution No. 21790, 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. 250680, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code
amendments will serve the public necessity, convenience, and welfare for the reasons set
forth in Planning Commission Resolution No. 21790, and the Board adopts such reasons as
its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File
No. 250680 and is incorporated herein by reference.
Section 2. General Legislative Findings.
(a) California faces a severe crisis of housing affordability and availability, prompting
the Legislature to declare, in Section 65589.5 of the Government Code, that the State has "a
housing supply and affordability crisis of historic proportions. The consequences of failing to
effectively and aggressively confront this crisis are hurting millions of Californians, robbing
future generations of a chance to call California home, stifling economic opportunities for
workers and businesses, worsening poverty and homelessness, and undermining the state's
environmental and climate objectives."
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
Page 2
(b) This crisis is particularly severe in San Francisco. It is characterized by dramatic
increases in rent and home sale prices over recent years. According to the Planning
Department's 2020 Housing Inventory, the cost of housing in San Francisco has increased
dramatically since the Great Recession of 2008-2009, with the median sale price for a two-
bedroom house more than tripling from $493,000 in 2011 to $1,580,000 in 2021. This includes
a 9% increase in housing costs from 2019 to 2020, even in the face of the COVID-19
pandemic. The median rental price for a two-bedroom apartment saw similar although slightly
smaller increases, nearly doubling from $2,570 per month in 2011 to $4,500 per month in
2019, before declining in 2020 due to the pandemic.
(c) On January 31, 2023, the City adopted the 2022 Update of the Housing Element of
the General Plan ("2022 Housing Element"), as required by State law. This Update commits
the City to meeting its Regional Housing Needs Allocation ("RHNA") goals that in the 2023-
2031 Housing Element cycle total 82,069 units over eight years, which is more than 2.5 times
the goal of the previous cycle. Among other policies, the 2022 Housing Element also commits
the City to remove governmental constraints on housing.
(d) In 2008, the City adopted the Market and Octavia Area Plan ("Plan"), which, among
other things, established new height and zoning controls within the Plan area. The Plan
substantially upzoned the area around Van Ness Avenue and Market Street to create a high-
density, transit-oriented residential neighborhood and established the Van Ness and Market
Special Use District, which imposed certain additional development impact fees on projects in
this area to fund affordable housing and infrastructure improvements for parks, streets, and
transit. These new fee requirements supplement the City's lnclusionary Affordable Housing
Program and Transportation Sustainability Fee, which continue to apply citywide, including in
the Market and Octavia Plan area.
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
Page 3
(e) The economic impacts of the COVID-19 pandemic have presented significant
challenges to the financial feasibility of new residential development projects, including supply
chain disruptions, labor market constraints, historically high inflation, dramatically increased
federal interest rates, and a weaker housing market. These factors have contributed to a
significant decrease in housing production. In 2024, 1,457 new units were constructed
citywide, a substantial decrease from 4,716 units in 2020.
(f) In the Market and Octavia Area Plan, only two projects that were not subject to a
Development Agreement that provided modified requirements to support financial feasibility
have commenced construction since the onset of the COVID-19 pandemic in 2020: one 29-
unit project that secured financing before the economic impacts of the pandemic became
manifest, and one 333-unit project that began construction in 2023 but has since paused
construction due to post-pandemic market conditions and increased development costs. As of
May 14, 2024, 25 additional projects with a total of 2,213 units have been approved in the
Area Plan, but have not commenced construction.
(g) In 2008, as part of the adoption of the Market and Octavia Area Plan ("Plan"), the
Market and Octavia Community Advisory Committee ("CAC") was established. The CAC is an
advisory body to the City whose primary responsibility is to advise City agencies on the
allocation of impact fee revenue to fund the community improvements identified in the Area
Plan. The Market and Octavia CAC was established without a sunset clause, unlike the other
area plan CACs which have a similar purview and were established with a sunset clause. For
example, the Eastern Neighborhoods CAC, also established in 2008, had a sunset clause of
2024, and the SoMa CAC established in 2019 has a sunset clause of 2035.
Section 3. Article 4 of the Planning Code is hereby amended by revising Sections 401,
406,416.3, 421.3, 424.3, and 425.2, to read as follows:
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
Page 4
SEC. 401. DEFINITIONS.
* * * *
D
* * * *
"Development Application" shall mean any application for a building permit, site permit,
Conditional Use, Variance, Large Project Authorization, or any application pursuant to
Planning Code Sections 309, 309.1, or 322:- or any application to the Planning Department for
ministerial approval pursuant to state law, including but not limited to California Government Code
Sections 65913.4, 65650 et seq., or 65912.100 et seq.
* * * *
F
* * * *
"Final Approval." For the purposes of this Section 401 shall mean {1) approval of a
project's first Development Application, unless such approval is appealed; or {2) if a project
only requires a building permit, issuance planning approval of the first site or building permit,
unless such permit is appealed; or {3) if the first Development Application or first site or
building permit is appealed, then the final decision upholding the Development Application, or
first site or building permit, on the appeal by the relevant City Board or Commission.
* * * *
SEC. 406. WAIVER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT
PROJECT REQUIREMENTS.
* * * *
(k) Waiver of Fees for Proiects in the Market and Octavia Area Plan.
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
Page 5
(1) Development projects located within the Market and Octavia Area Plan that
have not received Final Approval, as that term is defined in Section 401 of this Code, as of
January 1, 2026 shall not be subject to development impact fee requirements under Sections
416, 421, 424, and 425 of this Code.
@1) Development pro;ects located within the Market and Octavia Area Plan that have
received Final Approval prior to January 1, 2026, and have not been issued a First Construction
Document as ofthat date shall be entitled to a waiver of all development impact fee requirements under
Sections 416, 421, 424, and 425 ofthis Code.
~~) Development pro;ects located within the Market and Octavia Area Plan that have
received Final Approval prior to January 1, 2026, and that have been issued a First Construction
Document as of that date shall be entitled to a waiver of any portion ofthe development impact fee
requirements under Sections 416, 421, 424, and 425 of'this Code that has been deferred and not vet
paid pursuant to Building Code Section 107 A.13. 3.
SEC. 416. MARKET AND OCTAVIA AREA PLAN AND UPPER MARKET
NEIGHBORHOOD COMMERCIAL DISTRICT AFFORDABLE HOUSING FEE.
* * * *
SEC. 416.3. APPLICATION OF AFFORDABLE HOUSING FEE REQUIREMENT.
The requirements of Sections 415.1 through 415.9 shall apply in the Market and
Octavia Plan Area and the entirety of the Upper Market NCT District in addition to the
following edditional affordable housing requirement:
(a) Amount of Fee. All developmentprojects that have not receivedDepartrnent or
Commission approval as of the cjfectiw date ofA1ay 30, 2008 a,ui, that are subject to the Residentiel
lnclusionary Affordable Housing Program Development pro;ects that are sub;ect to the Residential
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
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lnclusionaryAffprdable Housing Program shall pay an additional affordable housing fee per the
fee schedule in Table 416.3A except as provided under Section 406(k).
* * * *
SEC. 421. MARKET AND OCTAVIA COMMUNITY IMPROVEMENTS FUND.
* * * *
SEC. 421.3. APPLICATION OF COMMUNITY IMPROVEMENTS IMPACT FEE.
(a) Application. Section 421.1 et seq. shall apply to any development project located
in the Market and Octavia Program Area as defined in Section 401 of this Code, except as
provided under Section 406(k) of this Code.
* * * *
SEC. 424. VAN NESS & MARKET AFFORDABLE HOUSING AND
NEIGHBORHOOD INFRASTRUCTURE FEE AND PROGRAM.
* * * *
SEC. 424.3. APPLICATION OF VAN NESS & MARKET AFFORDABLE HOUSING
AND NEIGHBORHOOD INFRASTRUCTURE FEE AND PROGRAM.
(a) Application and Timing of Fee Payments. Section 424.1 et seq. shall apply to
any development project located in the Van Ness & Market Residential Special Use District,
as established in Section 249.33 of this Code, except as provided under Section 406(k) ofthis
Code. The Fee shall be paid to DBI for deposit into either the Van Ness and Market Downtown
Residential Special Use District Affordable Housing Fund or the Van Ness and Market
Downtown Residential Special Use District Infrastructure Fund, as applicable, at the time
required by Section 402(d) ofthis Code.
* * * *
SEC. 425. VAN NESS & MARKET COMMUNITY FACILITIES FEE AND FUND.
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
Page 7
* * * *
SEC. 425.2. APPLICATION OF FEES.
(a) Applicable Projects. Except as provided under Section 406(k) of this Code, +'1:he 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 ofthis Code,
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.
* * * *
Section 4. Articles 2 and 3 of the Planning Code are hereby amended by revising
Sections 249.33 and 341.5, to read as follows:
SEC. 249.33. VAN NESS & MARKET RESIDENTIAL SPECIAL USE DISTRICT.
* * * *
(b) Use Controls.
(I) Non residential Uses. For neH'l:Y constructed buildings or additions which exceed
20 percent or more ofan existing structure 's Gross Floor Area, at least three occupied square feet af
Residential Use shall be prmided for each occupied square foot oflV-on Residential Use. In order to
accommodate local government office uses near City Hall, publicly owned or h!ased builaings or fots
are exemptedfrom 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 exemptfrom the
requirements ofthis subsection (b)(l).
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
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(-2-1) Residential Density. There shall be no density limit for Residential Uses
by lot area, but by the applicable requirements and limitations elsewhere in this Code,
including but not limited to height, bulk, setbacks, open space, and exposure, as well as by
the Market & Octavia Area Plan Fundamental Principles for Design, other applicable design
guidelines, applicable elements and area plans of the General Plan, and design review by the
Planning Department. The limitations set forth in the Zoning Control Table for the district in
which the lot is located shall not apply.
(3) ResidentialAfferdahle &using Program. All projects in this District shall be
subject to all the terms &/Section <fl 5 et seq. &jthe lnclusionary Affordable Housing Program.
Notwithstanding the foregoing, projects within the Van 1liless & },1arket 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 supersede
this section. Proposed exceptions to these requirenwnts due to hardships associated ',vith construction
type, specifically heights above 120 feet, are ,wt a:pplicable in this Special Use District because parcels
are recehh1g an up 20ning 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 &jthis program shall follow the conditim'ls outlined in Section 415 et seq. &jthis Code
unless otherwise specified in this SectioJ'l.
(A) Payment efAJJ0rdahle Housing Fee. Except as provided in Section
415.5(g) ofthis Code, all developmentprojects subject to Section 415 et seq. in the Van ]Vess A1arket
Speci€ll Use District shall be required to pay €In Affordable Housing Fee imder Sectim'l 415. 5
equiv€lknt to 20percent ofthe number ofunits in theprincipalproject.
(B) Alternatives te Payment ofAjf0f"dahle Housing _._"fi'ee. !fa project sponsor
both qualifies for and chooses to meet the requirements through an Alternatit'e to the Program, the
project sponsor may choose one of the Alternatives in Section 415. 5(g).
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
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(i) On Site Housing Requirements and Benefits. For projects that
qualifj,·for and choose to fulfill the requirements a/Section 115 through the provision ofonsite h0v1sing,
the Planning Department shall require that 12 percent of all units constructed on the project site shall
be aff~rdable te qualifj,·ing households so #wt apmject applicant must construct .12 times the total
number of units produced in the principal project. If the total number of units is not a whole number,
the project applicant shall rou11d up to the nearest whole number for any portion of. 5 or above.
(ii) Compliance Th}'ough Off Site Housing Deve/.opment. For projects
that q1;1alifj,'}or and choose te fulfill the requirements a/Section 415 throug,½ the provision of off site
housing, the Planning Department shall require that 20 percent a/all units constructed on the project
site shall be affordable te qualifj,•ing households so that a project applicant must construct .20 times the
total m1mber of units produced in the principal project. If the total number o.f units is not a whole
number, the project applicant shall round up to the nearest whole number for any portion of.5 or
above.
(42_) Open Space Provider. The off-site open space permitted by this Section
249.33 may be provided individually by the project sponsor or jointly by the project sponsor
and other project sponsors, provided that each square foot of jointly developed open space
may count toward only one sponsor's requirement. With the approval of the Planning
Commission, a public or private agency may develop and maintain the open space, provided
that (A) the project sponsor or sponsors pay for the cost of development of the number of
square feet the project sponsor is required to provide, (B) provision satisfactory to the
Commission is made for the continued maintenance of the open space for the actual lifetime
of the building giving rise to the open space requirement, and (C) the Commission finds that
there is reasonable assurance that the open space to be developed by such agency will be
developed and open for use by the time the building, the open space requirement of which is
being met by the payment, is ready for occupancy.
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
Page 10
* * * *
(JJ) Lot Coverage. The rear yard requirements of Section 134 of this Code
shall not apply. Lot coverage is limited to 80% percent at all levels containing a dwelling unit or
group housing bedroom. The unbuilt portion of the lot shall be open to the sky except for -these-
obstructions permitted in yards per Section 136(c) of this Code. Exceptions to the 20~
open area may be granted pursuant to the procedures of Section 309 ofthis Code.
(61._)
Floor Area Ratio. fAf For non-residential uses, +{he maximum Floor Area
Ratio CFAR_J_allowed, except as allowed in this Section 249.33, shall be that described in
Section 123(c) ofthis Code, provided that it shall not be greater than 9:1. For residential uses,
there shall be no limits on FAR. The definition of Gross Floor Area shall be that in Section 102 Qf
this Code as of the date of approval of this Section 249.33, and shall include all Residential uses.
The provisions of Section 124(g) of this Code shall not apply in this special use district.
(BJ Floor Area Bonus Permitted for Puhlic Improvements or In lieu
Contrihutions t0 the Van ]Vess and AtJar.J<et Neighborhood Infrt1sh'-11cture Fund and In lieu
Contrihutions t0 #,e C.:tywide Affo, .. dahle Housing Fund.
(i) The Gross Floor Area ofa structure or structures on a lot may
exceed the maximum ratio described in Section 123(c) of this Code through participation in the Van
,Vess al'td A/arlcet Affordable Housing Emd }leig-hborhood Inji-astnwture Program, according to the
procedures described in Section 424.
(ii) ,V.Otwithstanding the prm·isions of Sections 12 7 Emd 128 of this Code
projects in this Special Use District are not eligible to acquire Transferable De·,;elopment Rights from a
Transfer Lot or Lots pursuant to the provisions of Sections 12 7 and 128 for that increment of FAR
above the base FAR limit in Section 12 4 blJJ to the maximttm FAR described in Section 123 (c). Instead,
a project may pay to the City's Citywide Affordable Housing Fund thirty dollars ($30) per additional
gross square foot for that increment of FAR above the base FAR limit in Section 12 4 up to the
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
Page 11
maximum FAR described in Section 123(c). Any monies deposited into the Citywide Affordable
Hottsing Fund shall be administered as provided for in Section 415 et seq.
(7) Remit Use Size. Retail Uses shall be principally permitted up to 5,999 gross square
feet and conditionallypermitN!d if 6,000 gross sqz,mre feet and above.
(8) Fom1uhl Relflil. Formula Retail Uses, as defined in Section 102, shall reqliire a
Conditional Use Alithorization as set forth iJq Section 303.1.
(-9,2) 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 fa9ade.
* * * *
(Mg_) 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 are met:
* * * *
(./-1-Z) 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.
(-J-2§.) Living Roofs and Living Walls.
* * * *
(JJ2.) Option for In-Kind Provision of Transportation Sustainability Fee.
Notwithstanding the requirements of Planning Code s~ection 411A et seq., :9g'evelopment
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
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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
Transportation Sustainability Fee .C.:TSF ::.I from the Municipal Transportation Agency Board of
Directors (the "MTA" and the "MTA Board," respectively), subject to the following rules and
requirements:
* * * *
(14) Option for Provision ofA:lfm•dtthle H8using Fees. Developmentprojects in this
District may pay the affordable housing fees required under sections 416 and 42 4 by choosing any of
the alternatiws set forth in Section 115. 5(g), upon approval by #w Planning Direct-0r and #w Director
of the Afayor 's Office ofHousing and Community Development of the methodology to calculate the
equivalency of the fees required under sections 416 and 42 4 to the altematives set forth in Section
415. 5(g). The Planning Department, in consultation with the Mayor's Office of Housing and
Community Development, is authorized to prepare rules or regitlations to establish this methodology,
and to bring those rules or regulations to the Planning Commission for inclusio1q in the Procedures
Afanual, as set forth in Section 415. lVothing in this subsection shall be interpreted to change any
obligations established by co1qtract with the City.
(15) Option J'<Jr Income Levels t>fAjfordtthle Units. ,Votwithstanding the pro>;isions o.f
Section n 5. 6(h), a project may use California Debt Limit Allocation Committee (CDLAC) tax exempt
bondfinancing and 4% tax credits under the Tax Credit Allocation Committee (TCAC) to helpfimd its
obligations wqder Section 415.1 et seq. as long as the projectprm·ides 20% of the units as affordable to
households at 50% ofArea },{edian Income for on site housing, or 10% ofthe units as ajf-0rdable t-0
households at 50% ofArea },{edian Income and 30% oftlw u,qits as affordable to households at 60% of
Area Arfedian Income for on site housing. The income table to be used for such projects when the units
are priced at 5 0% or 60% ofArea },{edian Income is the income table used by },10HCD for the
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
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!rwlusionary Affordable Housing Program, not that used by TCAC or CDLAG. Except as provided in
this subsection (b)(l5), all units provided under this Section must meet all ofthe requirements of
Section 415.1 et seq. and the Procedures P,fcmual for on site housing, except that the requireme11t to
prm•ide moderat~ and middle income units under in Section 415. 6(a) may be N+plnced with low
income ffjferdable units t,½at satisfj,i TCAC requirements for 4% tax credits. Jfthe number ofajferdablc
tmits 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 !nclusionary
obligation above the tax credit units may be met by providing on site ffjferdablc units equally
distributed between moderate and middle income households as defined in Section 415. 6.
(-MIO) Option for Dedication of Land.
(A) Development projects in this District may opt to fulfill the lnclusionary
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 one 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 no later
than 180 days following Planning Commission or Planning Department approval of the
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
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development project. The Director of the Mayor's Office of Housing and Community
Development may waive application of Section 419.5(a)(2)(G).
(C) DeveloJHne1qt projects that elect to dedicate landpHrsHant to this Sbtbsection
(b) (I 6) may be eligible for a waiver against all or a portion of their affordable ho Hsing fees Hnder
Sectio,qs 416 and 424 ifthe Planning Director determines that the land acqHisition costs for the
dedicated land exceed the development project's obligatioNs wqder the fee o-ption ofSectio,"l 415. The
Planning Director, in consHltation with the Director of the Atfayor 's Office ofHousing and CommHnity
Dn1elo-pme1qt and the Director of Pro-perty, shall ca!Cbtlate the wai>.,ier amoHnt based on actbtal
commercially reaso,qable costs to acqHire the dedicated land. If the Director of the M-ayor 's Office of
Hob/Sing and CommHnity De','el-o-pment reqbtests that the l£md dedication occbtr before the First
ConstrHction Docurnent for the development project, the waiver amobt19t shall be increased by the
reasonable va!He of the City's early use of the dedicated /a,qd.
(.J-l.J I) Required Minimum Dwelling Unit Mix. Development projects in this
District shall comply with Section 207.6.
(-1-812) Active Uses. For purposes of this sSection 249.33, Arts Activities and
Institutional Community Uses are considered to be "active uses," as defined in Section 145.4
of this Code.
(Ml 3) Projects with on-site affordable housing units provided pursuant to a
Purchase and Sale Agreement with the City and CoHnty ofSan 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%.
* * * *
SEC. 341.5. MARKET AND OCTAVIA COMMUNITY ADVISORY COMMITTEE.
* * * *
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
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(c) This Section 3 41. 5 shall automatically terminate six months after this Ordinance No. 188-25,
in Board of upervisors File No. 250680 becomes effective, unless the Board of Supervisors extend if.
Afler that date, the Citv Attorney i authorized lo cause this Section 341.5 to be removed Ii-om the
Planning Code.
Section 5. 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 6. 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:
/s/ Andrea Ruiz-Esquide
ANDREA RUIZ-ESQUIDE
Deputy City Attorney
n:llegana\as2025\2500126\01867788.docx
Mayor Lurie; Supervisors Dorsey, Mahmood, Mandelman
BOARD OF SUPERVISORS
Page 16
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:
250680
Date Passed: September 30, 2025
Ordinance amending the Planning Code to waive certain development impact fees in the Market and
Octavia Area Plan (the Market and Octavia Area Plan and Upper Market Neighborhood Commercial
District Affordable Housing Fee, the Market and Octavia Community Improvements Fund, the Van Ness
& Market Affordable Housing and Neighborhood Infrastructure Fee, and the Van Ness & Market
Community Facilities Fee), to amend the Van Ness & Market Residential Special Use District, to
provide that the Market and Octavia Community Advisory Committee shall sunset six months after the
effective date of this Ordinance, and to make conforming amendments to some of the definitions in
Planning Code, Section 401; affirming the Planning Department's determination under the California
Environmental Quality Act; making public necessity, convenience, and welfare findings under Planning
Code, Section 302; and making findings of consistency with the General Plan, and the eight priority
policies of Planning Code, Section 101.1.
September 10, 2025 Budget and Finance Committee - DUPLICATED
September 10, 2025 Budget and Finance Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING SAME TITLE
September 10, 2025 Budget and Finance Committee - RECOMMENDED AS AMENDED
September 16, 2025 Board of Supervisors - PASSED ON FIRST READING
Ayes: 8 - Chan, Chen, Engardio, Mahmood, Mandelman, Melgar, Sauter and Sherrill
Noes: 2 - Fielder and Walton
Excused: 1 - Dorsey
September 30, 2025 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 9 - Chan, Chen, Dorsey, Engardio, Mahmood, Mandelman, Melgar, Sauter
and Sherrill
Noes: 2 - Fielder and Walton
Page I
Printed at 12:35 pm 01110/1/25
File No. 250680
City and Coullly of San Francisco
Daniel Lurie
Mayor
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
9/30/2025 by the Board of Supervisors of the
City and County of San Francisco.
~
Clerk of the Board
Q(,,f ' / 1,0}.5
Date Approved
Printed at 12:35 pm 01110/1125
