Loading...
(See Interpretations related to this Section.)
(See Interpretations related to this Section.)
The following exemptions shall apply to the requirements for off-street parking and loading spaces set forth in Sections 151 through 155 of this Code. These provisions, as exemptions, shall be narrowly construed. Reductions or waivers by the Zoning Administrator permitted by this Section 161 shall be conducted pursuant to the procedures of Section 307(h)(2). Where exceptions in this Section require approval by the Zoning Administrator, the Zoning Administrator shall consider the criteria of Section 307(i).
(a) Topography. No off-street parking shall be required for a one-family or two-family dwell- ing where the lot on which such dwelling is located is entirely inaccessible by automobile because of topographic conditions.
(b) Parking or Loading Across Very Wide Sidewalks. No off-street parking or loading shall be required where access to the lot cannot be pro- vided other than by means of a driveway across a sidewalk 25 feet or more in width from the curb to the front lot line which would cause serious dis- ruption to pedestrian traffic.
(c) Joint Use of Off-Street Parking. Joint use of the same off-street parking spaces to meet the requirements of this Code for two or more structures or uses may be permitted, where the normal hours of operation of such structures or uses are such as to assure the feasibility of such joint use of parking and where the total quantity of spaces provided is at least equal to the total of the required spaces for the structures or uses in operation at any given time.
(d) Exceptions to Improve Conformity with Setbacks, Yards, Open Space, and Other Requirements of the Code. The Zoning Administrator may reduce or waive the off-street parking requirement for existing buildings if removal of parking and associated structures increases conformity with required front setbacks, side yards, and rear yards, increases conformity with open space or street frontage requirements, reduces or eliminates any nonconforming encroachment onto public rights-of-way or other public property or easement, and/or reduces or eliminates any other code nonconformity.
(e) Freight Loading and Service Vehicle Spaces. In recognition of the fact that site constraints may make provision of required freight loading and service vehicle spaces impractical or undesirable, a reduction in or waiver of the provision of freight loading and service vehicle spaces for uses may be permitted, by the Zoning Administrator in all districts, or in accordance with the provisions of Section 309 of this Code in C-3 Districts. In considering any such reduction or waiver, the following criteria shall be considered:
(1) Provision of freight loading and service vehicle spaces cannot be accomplished underground because site constraints will not permit ramps, elevators, turntables and maneuvering areas with reasonable safety;
(2) Provision of the required number of freight loading and service vehicle spaces on-site would result in the use of an unreasonable percentage of ground-floor area, and thereby preclude more desirable use of the ground floor for retail, pedestrian circulation or open space uses;
(3) A jointly used underground facility with access to a number of separate buildings and meeting the collective needs for freight loading and service vehicles for all uses in the buildings involved, cannot be provided; and
(4) Spaces for delivery functions can be provided at the adjacent curb without adverse effect on pedestrian circulation, transit operations or general traffic circulation, and off-street space permanently reserved for service vehicles is provided either on-site or in the immediate vicinity of the building.
(g)1
Historic Buildings. There shall be no minimum off-street parking or loading requirements for any principal or Conditional Use located in (1) a landmark building designated per Article 10 of this Code, (2) a contributing building located within a designated historic district per Article 10, (3) any building designated Category I-IV per Article 11 of this Code, or (4) buildings listed on the National Register and/or California Register.
(h) Landmark and Significant Trees. The required off-street parking and loading may be reduced or waived if the Zoning Administrator determines that provision of required off-street parking or loading would result in the loss of or damage to a designated Landmark Tree or Significant Tree, as defined in the Public Works Code. The Zoning Administrator’s decision shall be governed by Section 307(i) and shall require either (1) the recommendation of the Department of Public Works Bureau of Urban Forestry, or its successor agency, or (2) the recommendation of a certified arborist as documented in the subject tree’s required tree protection plan.
(i) Geologic Hazards. No off-street parking or loading shall be required where the Planning Department finds that required parking or loading cannot practically be provided without compromising the earthquake safety or geologic stability of a building and/or neighboring structures and properties.
(j) Protected Street Frontages and Transit Stops. No off-street parking or loading is required on any lot whose sole feasible automobile access is across a protected street frontage identified in Section 155(r).
(k) Curbside Transit Lanes and Bikeways. No off-street parking or loading is required on any lot whose sole feasible automobile access is across a curbside transit lane or bikeway.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 15-98, App. 1/16/98; Ord. 278-00, File No. 001421, App. 12/15/2000; Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 109-11, File No. 101350, App. 6/29/2011, Eff. 7/29/2011; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 52-15
, File No. 141266, App. 4/30/2015, Eff. 5/30/2015; Ord. 99-17, File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. 277-18, File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019)
AMENDMENT HISTORY
[Former] divisions (a)-(p) amended; [former] division (q) added; Ord. 63-11, Eff. 5/7/2011. [Former] division (g) amended; former divisions (k), (l), (o), and (q) deleted; former divisions (m) and (n) redesignated as [former] divisions (k) and (l); new [now former] divisions (m), (n), and (o) added; [former] division (p) amended; Ord. 109-11, Eff. 7/29/2011. Section header and introductory paragraph amended; former division (c) deleted; former division (d) redesignated as (c) and amended; former division (e) deleted; former division (f) redesignated as (d) and amended; former division (g) redesignated as (e); former division (h) deleted; former division (i) redesignated as (f); former division (j) redesignated as (g) and amended; former division (k) redesignated as (h); former division (l) deleted; former divisions (m), (n), and (o) redesignated as (i), (j), and (k); former division (p) deleted; Ord. 232-14
, Eff. 12/26/2014. Introductory paragraph and divisions (b), (e), and (g) amended; division (l) added; Ord. 52-15
, Eff. 5/30/2015. Introductory paragraph amended; former division (c) deleted; former divisions (d)-(l) redesignated as (c)-(k) and current divisions (c), (g), and (h) amended; Ord. 99-17, Eff. 6/18/2017. Division (j) amended; divisions (j)(1)-(3) deleted; Ord. 277-18, Eff. 12/21/2018. Introductory paragraph and divisions (c) and (e) amended; division (f) deleted; Ord. 311-18, Eff. 1/21/2019.
CODIFICATION NOTE
(a) Off-street tour bus loading spaces shall be provided for hotel uses in C-3 districts in the minimum quantities as follows:
Number of Hotel Rooms | Number of Off-Street Loading Spaces Required |
0 - 200 | 0 |
201 - 350 | 1 |
Each additional 300 rooms | 1 Additional |
The dimensions for each space shall be a minimum of 45 feet by nine feet with a minimum vertical clearance of 14 feet. If more than one space is required there shall also be a bypass through lane.
(b) In recognition of the fact that site constraints in C-3 Districts may make provision of the required number of tour bus loading spaces impractical, a reduction in or waiver of the provision of such spaces in C-3 Districts may be permitted, in accordance with the provisions of Section 309 of this Code. In considering any such reduction or waiver, the following criteria shall be considered:
(1) The site size is not large enough to permit a configuration of spaces that could satisfy the requirements of Subsection (a);
(2) Provision of the required number and/or size of spaces would result in the use of an unreasonable percentage of ground floor area and thereby preclude more desirable use of the ground floor for retail, pedestrian circulation or open space uses;
(3) Spaces for tour bus loading can be provided at adjacent curbs or in the immediate vicinity without adverse effect on pedestrian circulation, transit operations or general traffic circulation.
(Added by Ord. 414-85, App. 9/17/85)
(a) Purpose. This Section 163 is intended to ensure that adequate services are undertaken to minimize the transportation impacts of added office employment and residential development in the downtown and South of Market area, in a manner consistent with the objectives and policies of the General Plan, by facilitating the effective use of transit, encouraging ridesharing, and employing other practical means to reduce commute travel by single-occupant vehicles.
(b) Applicability. The requirements of this Section apply to any project meeting one of the following conditions:
(1) In Commercial and Mixed Use Districts, projects where the occupied square feet of new construction, conversion, or added floor area for office use equals at least 100,000 square feet;
(2) In the C-3-O(SD) District, where new construction, conversion, or added floor area for residential use equals at least 100,000 square feet or 100 dwelling units;
(3) In the C-3-O(SD) District, projects where the occupied square feet of new construction or added floor area for any non-residential use equals at least 100,000 square feet; or
(4) In the case of the WMUO, Central SoMa Special Use District, or MUO District, where the occupied square feet of new, converted or added floor area for office use equals at least 25,000 square feet.
(c) Requirement. For all applicable projects, the property owner shall be required to provide on-site transportation brokerage services for the actual lifetime of the project, as provided in this Subsection. Prior to the issuance of a temporary permit of occupancy, the property owner shall execute an agreement with the Planning Department for the provision of on-site transportation brokerage services.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 286-10, File No. 100829, App. 11/18/2010; Ord. 182-12
, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
AMENDMENT HISTORY
New division (b) added; former division (b) redesignated as (c) and amended; Ord. 182-12
, Eff. 9/7/2012. Division (b)(4) amended; Ord. 42-13
, Eff. 4/27/2013. Division (b)(2) amended; Ord. 56-13
, Eff. 4/27/2013. Section header and divisions (b)(1) and (c)(6) amended; Ord. 232-14
, Eff. 12/26/2014. Divisions (a), (b)(1), (b)(3), (b)(4), and (c) amended; divisions (c)(1) through (c)(7) deleted; Ord. 34-17, Eff. 3/19/2017. Divisions (a) and (b)(4) amended; Ord. 296-18, Eff. 1/12/2019.
(a) The City has determined in its certification of the Downtown Plan Environmental Impact Report and in its findings and studies leading to the adoption of Section 413 of this Code that San Francisco and regional traffic and transit problems will become more intolerable as the number of nonresident employees increases in San Francisco as a result of new office development. In order to mitigate those adverse traffic and transit impacts, while protecting the City's residential areas from unwanted increases in density, the people determine that a policy of maximizing resident employment training and placement opportunities is needed.
(b) Requirement. For any new building or additions to or conversion of an existing building in C-3 Districts where the gross square feet of new, converted or added floor area for Office Use equals at least 100,000 square feet, the project sponsor shall be required to provide employment brokerage services for the actual lifetime of the project, as provided in this Subsection. Prior to the issuance of the first permit of occupancy (for this purpose Section 149(d) shall apply), the project sponsor shall: (1) prepare a local employment program to be approved by the Director of Planning, or his or her designee, and to be implemented by the provider of employment brokerage services; and (2) execute an agreement with the Planning Department, or its designee, for the provision of employment brokerage services and implementation of the local employment program. The local employment program shall be designed:
(1) To determine the number and nature of jobs that will become available as a result of added downtown office development;
(2) To publicize to San Francisco residents the availability of those jobs;
(3) To work with local schools and job training programs to create a labor pool of San Francisco residents qualified to obtain jobs created by added downtown office development;
(4) To work with employers in the building to encourage their hiring of qualified San Francisco residents;
(5) To carry out other activities determined by the Planning Department, or its designee, to be reasonable and appropriate in meeting the purpose of this requirement.
(c) All such agreements required under this Section shall mandate that the project sponsor shall abide by any existing applicable state or local programs and laws designed to both train and place in employment minorities and economically disadvantaged women as defined in this section. For the purposes of this section, the term "minorities" shall include, but not be limited to, blacks, Hispanics, Asians (including, but not limited to, Chinese, Japanese, Koreans, Pacific Islanders, Samoans, and Southeast Asians), Filipinos and American Indians. For the purposes of this section "economically disadvantaged women" shall include, but not be limited to, women receiving Aid for Families with Dependent Children (AFDC) or similar state or local aid. Where there are no such training and employment placement programs, or existing programs are found inadequate by the Human Rights Commission, that Commission may recommend to the Director for consideration additional programs to fulfill the goals of this section.
(d) In order to ensure that the maximum number of San Francisco residents are trained and placed in employment opportunities in our City, the Board of Supervisors shall hold public hearings and not later than January 1, 1988, the City shall adopt legislation to establish a program which will coordinate the job training and placement efforts of the San Francisco Unified School District, the San Francisco Community College District, community-based nonprofit employment and training programs, and other agencies from the public and private sectors, to assure maximum use of existing federal, state and local training and placement programs, and to develop such additional training and placement programs as deemed necessary.
(e) Should the Board of Supervisors determine that additional funds are needed for programs established pursuant to Subsection (d) above, it shall consider the adoption of a San Francisco Resident Training and Placement Fee of not less than $1.50 per square foot as a condition of the approval of any application for an office development project proposing the net addition of 50,000 or more gross square feet of office space.
(Added by Ord. 414-85, App. 9/17/85; amended by Proposition M, 11/4/86; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
(a) Purpose. This Section is intended to assure that adequate measures are undertaken and maintained to minimize the child-care impacts created by additional office employment in the downtown, in a manner consistent with the objectives and policies of the General Plan, by facilitating the development, expansion and maintenance of affordable, quality child-care programs and auxiliary services, the latter including, but not limited to, resource and referral services.
(b) Requirement. For any new building or additions to or conversion of an existing building in the C-3 District where the gross square feet of new, converted or added floor area for Office Use equals at least 100,000 square feet, the project sponsor shall be required to provide on-site child-care brokerage services for the actual lifetime of the project. For any new building or additions to or conversion of an existing building in the C-3 District where the gross square feet of new, converted or added floor area for Office Use equals at least 50,000 square feet, the project sponsor shall be required to provide child-care brokerage services for the lifetime of the project, by either: (1) providing such services on-site or, (2) providing such services through a consortium of like- sized sponsors, where such services are made available within a radius of two city blocks from the sponsor's project or (3) subcontracting with a child-care brokerage service already serving a project within a radius of two city blocks from the sponsor's project. Prior to the issuance of the first certificate of occupancy, the project sponsor shall execute an agreement with the Planning Department for the provision of child-care brokerage services as provided in this Section 165 and preparation of a child-care plan to be approved by the Director of Planning and implemented by the provider of child-care brokerage services. The procedure set forth in Section 149(b) governing notice to the Zoning Administrator and issuance of the first certificate of occupancy shall also be applicable with respect to the requirements of this Section. The child-care plan and child-care brokerage services shall be designed:
(1) To promote the provision of on-site child-care resource services and easily accessible child-care referral services, using, to the maximum extent feasible, existing community agencies;
(2) To promote where feasible, the development of on-site child-care facilities, accessible and affordable to all segments of the community; to promote the development, expansion and maintenance of off-site child-care facilities accessible and affordable to all segments of the community;
(3) To promote and coordinate the development and use of open space for child-care programs in the C-3 District;
(4) To promote and coordinate the development of transportation services assisting employees who choose either to bring their children to on-site care or who seek means of transporting their children to off-site care;
(5) To promote and encourage project occupants to adopt flex-time or staggered work hours programs, job-sharing programs, parental leave policies and dependent care assistance programs designed to accommodate the needs of working parents and their children;
(6) To promote the development of parenting resources;
(7) To promote the development of data collection, to document the numbers of worker parents in the project work force, number and ages of their children, supply of child care available to those parents, cost of available care, preferences for child care and need for special services; and coordinate such data collection with the data collection efforts of other project sponsors and the local resource and referral agency;
(8) To carry out other activities determined by the Planning Department to be appropriate to meeting the purpose of this requirement.
(c) Notice. The agreement to provide child-care brokerage services and the child-care plan required by Subsection (b) shall each provide for periodic notice reasonably calculated to apprise all persons then employed in the office development who have children under their primary care of the availability of child-care brokerage services and the existence of a child-care plan. Such notice shall be given at least once during each calendar year, and shall state a place at which a copy of the child-care plan for the development may be inspected during regular business hours.
(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 509-86, App. 12/24/86; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
(a) Findings. The Board hereby finds and declares as follows: One of the challenges posed by new development is the increased number of privately-owned automobiles it brings to San Francisco's congested neighborhoods. Growth in the number of privately-owned automobiles increases demands on the City's limited parking supply and often contributes to increased traffic congestion, transit delays, pollution and noise. Car-sharing can mitigate the negative impacts of new development by reducing the rate of individual car-ownership per household, the average number of vehicle miles driven per household and the total amount of automobile-generated pollution per household. Accordingly, car-sharing services should be supported through the Planning Code when a car-sharing organization can demonstrate that it reduces:
(1) the number of individually-owned automobiles per household;
(2) vehicle miles traveled per household; and
(3) vehicle emissions generated per household.
(b) Definitions. For purposes of this Code, the following definitions shall apply:
(1) A "car-share service" is a mobility enhancement service that provides an integrated citywide network of neighborhood-based motor vehicles available only to members by reservation on an hourly basis, or in smaller intervals, and at variable rates. Car-sharing is designed to complement existing transit and bicycle transportation systems by providing a practical alternative to private motor vehicle ownership, with the goal of reducing over-dependency on individually owned motor vehicles. Car-share vehicles must be located at unstaffed, self-service locations (other than any incidental garage valet service), and generally be available for pick-up by members 24 hours per day. A car-share service shall provide automobile insurance for its members when using car-share vehicles and shall assume responsibility for maintaining car-share vehicles.
(2) A "certified car-share organization" is any public or private entity that provides a membership-based car-share service to the public and manages, maintains and insures motor vehicles for shared use by individual and group members. To qualify as a certified car-share organization, a car-share organization shall submit a written report prepared by an independent third party academic institution or transportation consulting firm that clearly demonstrates, based on a statistically significant analysis of quantitative data, that such car-sharing service has achieved two or more of the following environmental performance goals in any market where they have operated for at least two years: (A) lower household automobile ownership among members than the market area's general population; (B) lower annual vehicle miles traveled per member household than the market area's general population; (C) lower annual vehicle emissions per member household than the market area's general population; and (D) higher rates of transit usage, walking, bicycling and other non-automobile modes of transportation usage for commute trips among members than the market area's general population. This report shall be called a Car-sharing Certification Study and shall be reviewed by Planning Department staff for accuracy and made available to the public upon request. The Zoning Administrator shall only approve certification of a car-share organization if the Planning Department concludes that the Certification Study is technically accurate and clearly demonstrates that the car-share organization has achieved two or more of the above environmental performance goals during a two-year period of operation. The Zoning Administrator shall establish specific quantifiable performance thresholds, as appropriate, for each of the three environmental performance goals set forth in this subsection.
(3) The Planning Department shall maintain a list of certified car-share organizations that the Zoning Administrator has determined satisfy the minimum environmental performance criteria set forth in subsection 166(b)(2) above. Any car-share organization seeking to benefit from any of the provisions of this Code must be listed as a certified car-share organization.
(4) An "off-street car-share parking space" is any parking space generally complying with the standards set forth for the district in which it is located and dedicated for current or future use by any car-share organization through a deed restriction, condition of approval or license agreement. Such deed restriction, condition of approval or license agreement must grant priority use to any certified car-share organization that can make use of the space, although such spaces may be occupied by other vehicles so long as no certified car-share organization can make use of the dedicated car-share spaces. Any off-street car-share parking space provided under this Section must be provided as an independently accessible parking space. In new parking facilities that do not provide any independently accessible spaces other than those spaces required for disabled parking, off-street car-share parking may be provided on vehicle lifts so long as the parking space is easily accessible on a self-service basis 24 hours per day to members of the certified car-share organization. Property owners may enact reasonable security measures to ensure such 24-hour access does not jeopardize the safety and security of the larger parking facility where the car-share parking space is located so long as such security measures do not prevent practical and ready access to the off-street car-share parking spaces.
(5) A "car-share vehicle" is a vehicle provided by a certified car-share organization for the purpose of providing a car-share-service.
(6) A "property owner" refers to the owner of a property at the time of project approval and its successors and assigns.
(c) Generally Permitted. Car-share spaces shall be generally permitted in the same manner as residential accessory parking. Any residential or commercial parking space may be voluntarily converted to a car-share space.
(d) Requirements for Provision of Car-Share Parking Spaces.
(1) Amount of Required Spaces. In newly constructed buildings containing residential uses or existing buildings being converted to residential uses, if parking is provided, car-share parking spaces shall be provided in the amount specified in Table 166. In newly constructed buildings containing parking for non-residential uses, including non-accessory parking in a garage or lot, car-share parking spaces shall be provided in the amount specified in Table 166.
Number of Residential Units | Number of Required Car-Share Parking Spaces |
0 - 49 | 0 |
50 - 200 | 1 |
201 or more | 2, plus 1 for every 200 dwelling units over 200 |
Number of Parking Spaces Provided for Non-Residential Uses or in a Non-Accessory Parking Facility | Number of Required Car-Share Parking Spaces |
0 - 24 | 0 |
25 - 49 | 1 |
50 or more | 1, plus 1 for every 50 parking spaces over 50 |
(2) Availability of Car-Share Spaces. The required car-share spaces shall be made available, at no cost, to a certified car-share organization for purposes of providing car-share services for its car-share service subscribers. At the election of the property owner, the car-share spaces may be provided
(A) on the building site, or
(B) on another off-street site within 800 feet of the building site.
(3) Off-Street Spaces. If the car-share space or spaces are located on the building site or another off-street site:
(A) The parking areas of the building shall be designed in a manner that will make the car-share parking spaces accessible to non-resident subscribers from outside the building as well as building residents;
(B) Prior to Planning Department approval of the first building or site permit for a building subject to the car-share requirement, a Notice of Special Restriction on the property shall be recorded indicating the nature of requirements of this Section and identifying the minimum number and location of the required car-share parking spaces. The form of the notice and the location or locations of the car-share parking spaces shall be approved by the Planning Department;
(C) All required car-share parking spaces shall be constructed and provided at no cost concurrently with the construction and sale of units; and
(D) if it is demonstrated to the satisfaction of the Planning Department that no certified car-share organization can make use of the dedicated car-share parking spaces, the spaces may be occupied by non-car-share vehicles; provided, however, that upon ninety (90) days of advance written notice to the property owner from a certified car-sharing organization, the property owner shall terminate any non car-sharing leases for such spaces and shall make the spaces available to the car-share organization for its use of such spaces.
(e) Substitution for Required Parking. Provision of a required car-share parking space shall satisfy or may substitute for any required residential parking; however, such space shall not be counted against the maximum number of parking spaces allowed by this Code as a principal use, an accessory use, or a conditional use.
(f) List of Car-Share Projects. The Planning Department shall maintain a publicly-accessible list, updated quarterly, of all projects approved with required off-street car-share parking spaces. The list shall contain the Assessor's Block and Lot number, address, number of required off-street car-share parking spaces, project sponsor or property owner contact information and other pertinent information as determined by the Zoning Administrator.
(g) Optional Car-Share Spaces.
(1) Amount of Optional Spaces. In addition to any permitted or required parking that may apply to the project, the property owner may elect to provide additional car-share parking spaces in the maximum amount specified in Table 166A; provided, however, that the optional car-share parking spaces authorized by this subsection (g) are not permitted for a project that receives a Conditional Use authorization to increase parking. Additional car-share parking spaces shall be allowed beyond the maximum amount specified in Table 166A, to the extent needed, when such additional car-share parking spaces are part of a Development Project’s compliance with the Transportation Demand Management Program set forth in Section 169 of the Planning Code.
Number of Residential Units | Maximum Number of Optional Car-Share Parking Spaces |
10 - 24 | 2 |
25 - 49 | 3 |
50 or more | 5 |
Amount of Square Footage for Non-Residential Uses | Maximum Number of Optional Car-Share Parking Spaces |
5,000 - 9,999 sq. ft. | 2 |
10,000 - 19,999 sq. ft. | 3 |
20,000 or more sq. ft. | 5 |
The optional car-share spaces shall not be counted against the maximum number of parking spaces allowed by this Code as a principal use, an accessory use, or a conditional use.
(2) Requirements for Optional Car-Share Spaces. All car-share spaces are subject to the following:
(A) They shall meet the provisions of this Section 166.
(B) The car-share parking spaces shall be deed-restricted and dedicated for car-sharing, and must be offered and maintained in perpetuity.
(C) At project entitlement, the property owner must submit a letter of intent from a certified car-share organization that articulates the car-share organization's intent to occupy the requested car-share spaces under this Subsection (g).
(D) Use of the car-share vehicles shall not be limited to residents of the building.
(E) If an additional car-share space is built, and a certified car-share organization chooses not to place vehicles in that space, the owner of the project may not sell, rent, or otherwise earn fees on the space but may use it for (i) bicycle parking, or (ii) permitted storage and other permitted uses but not for parking of any motorized vehicle; provided, however, that upon ninety (90) days of advance written notice to the property owner from a certified car-sharing organization, the property owner shall terminate any non car-sharing use for such space and shall make the space available to the car-share organization for its use of such space.
(F) A sign shall be placed above or next to each car-share parking space stating that the parking space is for car-sharing and cannot be used for private automobile parking. The sign shall meet the Department's design specifications and shall include the name and contact information of a person to call for enforcement of this requirement and such other information as the Department requires. An informational plaque shall also be placed on the outside of the building location, which shall meet the design, location and information requirements established by the Department.
(3) Existing Car-Share Spaces Located on Gas Stations Sites and Surface Parking Lots. If the number of car-share spaces located on a gas station, surface parking lot, or other similar site for at least one year exceeds the total number of required and/or optional car-share parking spaces as provided for under Table 166 and Table 166A, the developer may retain those car-share spaces if the site is redeveloped without reducing the permitted levels of private parking; provided, however, that a property owner cannot seek additional optional car-share parking spaces per Table 166A.
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; amended by Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 286-10, File No. 100829, App. 11/18/2010; Ord. 28-13
, File No. 120900, App. 3/5/2013, Eff. 4/4/2013; Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017)
AMENDMENT HISTORY
(a) All off-street parking spaces accessory to residential uses in new structures of 10 dwelling units or more, or in new conversions of non-residential buildings to residential use of 10 dwelling units or more, shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space. In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential owners or renters of three-bedroom or more units, second to the owners or renters of two bedroom units, and then to the owners or renters of other units. Renters or buyers of on-site inclusionary affordable units provided pursuant to Section 415 et seq. shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwelling units, and at a price determined by the Mayor’s Office of Housing and Community Development (MOHCD), subject to procedures adopted by the Planning Commission notwithstanding any other provision of Section 415 et seq.
(b) Exception. The Planning Commission may grant an exception from the requirements in subsection (a) for projects which include financing for affordable housing that requires that costs for parking and housing be bundled together.
(c) Affordable Unit Resale Exemption. For the initial sale, Affordable Units that are both On-site Units and Owned Units, as defined in Section 401, must be offered for sale separate from parking spaces pursuant to subsection (a), subject to the exception provided in subsection (b). Where the initial sale of such a unit included a parking space, the requirement of subsection (a) that parking be sold separately from the unit shall not apply to any future resale of such unit and parking space.
(Added by Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 112-08, File No. 080095, App. 6/30/2008; Ord. 62-13
, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 258-24, File No. 240802, App. 11/14/2024, Eff. 12/15/2024)
AMENDMENT HISTORY
(a) According to Plan Bay Area 2040, the long-range integrated transportation and land-use/housing strategy for the San Francisco Bay Area through 2040 adopted in 2013 by the Association of Bay Area Governments and the Metropolitan Transportation Commission, San Francisco is expected to grow by approximately 191,000 jobs and 102,000 households from 2010 to 2040.
(b) This growth will generate an increased demand for transportation infrastructure and services on an already constrained transportation system. One of the challenges posed by this growth is the increased number of single occupancy vehicle trips, and the pressures they add to San Francisco’s limited public streets and rights-of-way, contributing to congestion, transit delays, and public health and safety concerns caused by motorized vehicles, air pollution, greenhouse gas (GHG) emissions, and noise, thereby negatively impacting the quality of life in the City.
(c) The Transportation Sustainability Program, or TSP, is aimed at accommodating this new growth while minimizing its impact on San Francisco’s transportation system. It is a joint effort of the Mayor’s Office, the Planning Department, the San Francisco County Transportation Authority, and the San Francisco Municipal Transportation Agency that has spanned many years and has involved a robust process of public outreach and discussion. The TSP includes three separate but related policy initiatives: the Transportation Sustainability Fee (TSF); the modernization of San Francisco’s environmental review process under the California Environmental Quality Act (CEQA); and the Transportation Demand Management (TDM) Program.
(1) The first component, the TSF, seeks to fund transportation improvements to support new growth by charging a development impact fee on new development. The City approved the TSF in 2015 with the enactment of Ordinance No. 200-15 (Board of Supervisors File No. 150790).
(2) The second component, the modernization of the environmental review process under CEQA, has been shepherded by the State under Senate Bill 743 (Stats. 2013. C. 386, now codified in Public Resources Code Section 21099). SB 743 required the Office of Planning and Research (OPR) to develop new guidelines to replace the existing transportation review standard, focused on automobile delay, with new criteria that “promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” OPR recommended a replacement metric of Vehicle Miles Traveled, or VMT, that is, the amount and distance of automobile travel attributable to a project. The Planning Commission unanimously approved a Resolution adopting changes consistent with implementation of SB 743, including the use of Vehicle Miles Traveled as the metric for calculating transportation-related environmental impacts, at its hearing on March 3, 2016 (Planning Commission Resolution No. 19579).
(3) The third component creates the TDM Program, detailed in Section 169. The TDM Program seeks to promote sustainable travel modes by requiring new development projects to incorporate design features, incentives, and tools that support transit, ride-sharing, walking, and bicycle riding for the residents, tenants, employees, and visitors of their projects.
(d) State and regional governments have enacted many laws and policy initiatives that promote the same sustainable transportation goals the TDM Program seeks to advance. For instance, at the state level, the Congestion Management Law, Gov. Code Section 65088, establishes that to reduce the state’s traffic congestion crisis and “keep California moving,” it is important to build transit-oriented development, revitalize the state’s cities, and promote all forms of transportation. Assembly Bill 32, the California Global Warming Solutions Act of 2006 (Chapter 488, Statutes of 2006), requires statewide GHG reductions to 1990 levels by 2020. Executive Orders B-30-15, S-3-05 and B-16-12 set forth GHG reduction targets beyond that year, to 2050. Senate Bill 375, the Sustainable Communities and Climate Protection Act of 2008 (Chapter 728, Statutes of 2008) supports the state’s climate action goals to reduce GHG emissions through coordinated transportation and land use planning with the goal of creating more sustainable communities. Under this statute, the California Air Resources Board establishes GHG reduction targets for metropolitan planning organizations, based on land use patterns and transportation systems specified in Regional Transportation Plans and Sustainable Community Strategies. Plan Bay Area 2040 sets GHG and Vehicle Miles Traveled reduction targets and a target for increasing non-automobile mode share for the Bay Area.
(e) In addition, San Francisco has enacted many laws and policy initiatives that promote the same sustainable transportation goals the TDM Program seeks to advance. The “Transit First Policy,” in Section 8A.115 of the City Charter, declares that public transit is “an economically and environmentally sound alternative to transportation by individual automobiles,” and that within the City, “travel by public transit, by bicycle and on foot must be an attractive alternative to travel by private automobile.” The GHG Reduction Ordinance, codified at Chapter 9 of the Environment Code, sets GHG reduction emission targets of 25% below 1990 levels by 2017; 40% below 1990 levels by 2025; and 80% below 1990 levels by 2050. The City’s Climate Action Strategy, prepared pursuant to the GHG Reduction Ordinance, has identified a target of having 50% of total trips within the City be made by modes other than automobiles by 2017, and 80% by 2030. One of the ways identified to achieve this target is through TDM for new development.
(f) San Francisco has long acknowledged the importance of TDM strategies in the Transportation Element of the City’s General Plan, the San Francisco County Transportation Plan, and many Area Plans. For example, each of the Area Plans within Eastern Neighborhoods and the Transit Center District Plan identify policies for the development of a TDM program within them.
(g) The TDM Program set forth in Section 169 requires new projects subject to its requirements to incorporate design features, incentives, and tools to encourage new residents, tenants, employees, and visitors to travel by sustainable transportation modes, such as transit, walking, ride-sharing, and biking, thereby reducing Vehicle Miles Traveled associated with new development. The goals of the TDM Program are to help keep San Francisco moving as it grows, and to promote better environmental, health, and safety outcomes, consistent with the state, regional, and local policies mentioned above.
(h) For projects that use Development Agreements and may not be required to comply fully with the requirements of Section 169, it is the Board of Supervisors’ strong preference that Development Agreements should include similar provisions that meet the goals of the TDM Program.
(i) The Board of Supervisors finds that it is in the public interest to exempt affordable housing from the fees and requirements of the TDM Program, in order to promote this important City policy and priority, and also because these projects generally generate less VMT. A 2014 study by Transform and California Housing Partnership Corporation, “Why creating and preserving affordable homes near transit is a highly effective climate protection strategy,” finds that “Higher Income households [defined as above 120% of area median income] drive more than twice as many miles and own more than twice as many vehicles as Extremely Low-Income households [defined as 30% or less of AMI] living within 1/4 mile of frequent transit,” which demonstrates how the TDM value for on-site affordable housing units is largely dependent on the level of affordability of the targeted households.
(j) The Board of Supervisors finds that it is in the public interest to exempt some uses from the TDM Program fees, in order to promote other important City policies and priorities, such as the goals and missions of City-funded charitable health and human service organizations. As such, the Board of Supervisors finds that parking spaces dedicated to service vehicles provided for City-funded charitable health and human service organizations shall be excluded from the definition of a parking space in the TDM Program Standards.
(Added by Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017)
Loading...