SEC. 435. UNION SQUARE PARK, RECREATION, AND OPEN SPACE FEE.
Sections 435.1 through 435.3 hereinafter referred to as Sections 435.1 et seq. set forth
the requirements and procedures for the Union Square Park, Recreation, and Open Space
Fee.
Ordinance No. 0072-19
Ord. No. 0072-19
in effectAMENDED IN COMMITTEE
FILE NO. 190030
3/18/2019
ORDINANCE NO.
72-19
[Planning, Administrative Codes- Zoning Controls and Union Square Park. Recreation, and
Open Space Fees in the C 3 R (Dovvntown Retail) District]
Ordinance amending the Planning Code to adiust change zoning controls for Non
Retail Sales and Service Uses in the C 3 R (Downtown Retail) Zoning District;
amending the Planning and Administrative Codes to create the Union Square Park,
Recreation, and Open Space Fund and Fee from $4 to $6; affirming Planning
Department's determination under the California Environmental Quality Act; and
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 italics Times }feVv' 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.
(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. 180916 and is incorporated herein by reference. The Board affirms
this determination.
(b)
On October 18, 2018, the Planning Commission, in Resolution No. 20317,
adopted findings that the actions contemplated in this ordinance are consistent, on balance,
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with the City's General Plan and eight priority policies of Planning Code Section 1 01.1. 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. 180916, 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. 20317, and the Board incorporates such reasons
herein by reference.
Section 2. Additional Findings Regarding Park, Recreation. and Open Space
Requirements in the Union Square C-3-R Downtown Retail Zoning District.
In addition to the findings in section 2 of ordinance 23-19. the Board of Supervisors has
reviewed the Downtown San Francisco Park, Recreation. and Open Space Development
Impact Fee Nexus Study (Nexus Study) prepared by the Hausrath Economics Group in 2012,
and finds that the study supports setting the Union Square Park. Recreation. and Open Space
Fee at $6 per square foot. The Board of Supervisors finds that the Nexus Study: identifies the
purpose of the fee to mitigate impacts on the demand for park, recreation, and open space in
the downtown area, which includes the C-3-R District: identifies the facilities and
improvements that the fee would support: and demonstrates a reasonable relationship
between the planned new development and the use of the fee, the type of new development
planned and the need for facilities to accommodate growth, and the amount of the fee and the
cost of facilities and improvements. The Nexus Study is on file with the Clerk of the Board of
Supervisors in Board File No. 180916, and incorporated by reference.
Section 3. Article 4 of the Planning Code is hereby amended by revising sections 435,
435.1, 435.2, and 435.3, to read as follows:
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SEC. 435.1. PURPOSE AND FINDINGS SUPPORTING UNION SQUARE PARK,
RECREATION, AND OPEN SPACE FEE.
(a)
Purpose. The purpose of the Union Square Park, Recreation, and Open Space
Fee is to provide funding to increase the supply of park, recreation, and open space facilities
to serve the needs attributable to new office development in the C-3-R Downtown Retail
Zoning District. The Board of Supervisors hereby finds that the Union Square area, most of
which is zoned as the C-3-R Downtown Retail Zoning District, is a world-class retail
destination that draws both tourists and Bay Area residents with its combination ofwalkable
shopping and dining, excellent transit access, and top-tier hospitality. As new office
development occurs, additional park, recreation, and open space facilities are needed to
maintain the quality of urban experience that makes downtown San Francisco an attractive
place to do business, live, and visit.
(b)
Findings. The Board of Supervisors has reviewed the Downtown San Francisco
Park, Recreation, and Open Space Development Impact Fee Nexus Study, prepared by
Hausrath dated April 13, 2012 ("Nexus Study"), on file with the Clerk of the Board of
Supervisors in File No. 180916. In accordance with the California Mitigation Fee Act,
Government Code 66001 (a), the Board of Supervisors adopts the findings and conclusions of
that study, and incorporates those findings and conclusions by reference to support the
imposition of the fees under this Section.
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SEC. 435.2. DEFINITIONS.
See Section 401 of this Article.
SEC. 435.3. APPLICATION OF UNION SQUARE PARK, RECREATION, AND OPEN
SPACE FEE.
(a)
Application. Section 435.1 et seq., shall apply to any office development project
in the C-3-R Downtown Retail Zoning District.
(b)
Amount of fee. The applicable fee shall be $4-$6 per square foot.
(c)
Other Fee Provisions. The Union Square Park, Recreation, and Open Space
Fee shall be subject to the provisions of this Article, including, but not limited to Sections 401
through 410.
Section 4. On March 7. 2019. the City Attorney directed the publisher to re-assign the
Union Square Park. Recreation, and Open Space Fee as set forth in Sections 428 et seq., as
shown in Ordinance No. 23-19, to Sections 435 et seq. of the Planning Code. This ordinance
reflects and ratifies that reassignment of section numbers.
Section-4 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 a~. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
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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. HERRERA, City Attorney
By: ~---4~
AUSTIN M. &"~
Deputy City Attorney~
n:\legana\as2019\ 1900016\01346318.docx
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94 I 02-4689
File Number:
190030
Date Passed: April 09, 2019
Ordinance amending the Planning Code to adjust the Union Square Park, Recreation, and Open
Space Fee from $4 to $6; affirming 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.
January 07, 2019 Land Use and Transportation Committee- AMENDED, AN
AMENDMENT OF THE WHOLE BEARING NEW TITLE
January 07, 2019 Land Use and Transportation Committee- CONTINUED TO CALL OF
THE CHAIR AS AMENDED
March 18, 2019 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
March 18, 2019 Land Use and Transportation Committee - RECOMMENDED AS
AMENDED
April 02, 2019 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
April 09, 2019 Board of Supervisors - FINALLY PASSED
City and County of San Francisco
Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
Page 1
Printed at 11:00 am on 4/10/19
File No. 190030
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
4/9/2019 by the Board of Supervisors of the
City and County of San Francisco.
Date Approved
Printed at 11:00 am on 4/10/19
References
amendsSec. 434
amendsSec. 435
amendsSec. 435.1
amendsSec. 435.2
amendsSec. 435.3
amendsSec. 436
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0072-19.pdfFetched: 7/4/2026