City Hall
1 Dr. Carlton B. Goodlett
Place
San Francisco, CA 94102-
4689
City and County of San Francisco
Legislation Details
File #:
Version:
7
071157
Name:
Planning Code Amendments to implement the
Market and Octavia Area Plan
Status:
Type:
Ordinance
Passed
File created:
In control:
8/7/2007
Board of Supervisors
On agenda:
Final action:
8/7/2007
4/30/2008
Enactment date:
72-08
Enactment #:
Title:
Ordinance amending the San Francisco Planning Code to implement the Market and Octavia Area
Plan of the General Plan by amending Section 102.5 (District); Section 121.1 (Development on Large
Lots, Neighborhood Commercial Districts); Section 121.2 (Use Size Limits (Non-Residential),
Neighborhood Commercial Districts); Section 124 (Basic Floor Area Ratio); Section 132 (Front
Setback); Section 134 (Rear Yards); Section 135 (Usable Open Space For Dwelling Units and Group
Housing); Section 144 (Treatment of Ground Story On Street Frontages); Section 145.1 (Street
Frontages, Neighborhood Commercial Districts); Section 145.4 (Street Frontages Downtown and
Mixed-Use Districts); Section 151.1 (Schedule of Required Off-Street Parking Spaces); Section 152.
(Schedule of Required Off-Street Freight Loading Spaces in Districts Other Than C-3 or South of
Market); Section 153 (Rules for Calculation of Required Spaces); Section 154 (Minimum dimensions
for required off-street parking, freight loading and service vehicle spaces); Section 155 (General
Standards as to Location and Arrangement of Off-Street Parking, Freight Loading and Service Vehicle
Facilities); Section 156 (Parking Lots); Section 166 (Requirements for Provision of Car-Share Parking
Spaces); Section 167 (Parking Costs Separated from Housing Costs in New Residential Buildings);
Section 201 (Classes of Use Districts); Section 207.1. (Rules For Calculation Of Dwelling Unit
Densities); Section 207.4 (Density of Dwelling Units in Neighborhood Commercial Districts); Section
208 (Density Limitations for Group Housing); Section 209.1-209.9 (Uses Permitted in RTO Districts);
Section 234.2 (Requiring CU Authorization for specified uses in P Districts within the Market and
Octavia Neighborhood Area); Section 253 (Review of Proposed Buildings and Structures Exceeding a
Height of 40 Feet in R Districts); Section 270 (Bulk Limits: Measurement); Section 303 (Conditional
Uses: Determination); Section 304 (Planned Unit Developments: Criteria and Limitations); Section 311
(Residential Permit Review Procedures for RH and RM Districts: Applicability); Section 315
(Inclusionary Housing requirements) including adding a fee on new residential development in the
Plan Area in addition to the existing inclusionary housing requirements in a per square foot amount of
$8 in the Van Ness Market Special Use District, $4 in the Neighborhood Commercial Transit (NCT)
district, and $0 in the Transit-Oriented Residential (RTO) district; Section 316 (Procedures for
Conditional Use Authorization in Neighborhood Commercial and South of Market Districts and for
Live/Work Units in RH, RM, and RTO Districts); Section 603 (Exempted Signs); Section 606
(Residential Districts); Section 702.1 (Neighborhood Commercial Use Districts); Section 720.1 (Hayes
-Gough Neighborhood Commercial Transit District) to conform these sections with the new VNMDR-
SUD, NCT and RTO district controls; and adding new zoning districts and a new special use district
including Section 121.5 to establish controls for Development on Large Lots in Residential Districts;
Section 121.6 to restrict lot mergers in residential districts and on pedestrian-oriented streets; Section
158.1 related to Non-accessory Parking Garages in NCT and RTO Districts and the Van Ness and
Market Downtown Residential Special Use District; Section 206.4 to establish the Transit-Oriented
Residential District (RTO); Section 207.6 related to Required Minimum Dwelling Unit Mix and Unit
Subdivision Restrictions in RTO and NCT Districts; Section 207.7 relating to Restrictions on
Demolition, Conversion, and Merger of Existing Dwelling Units in RTO and NCT Districts; Section 230
establishing Limited Corner Commercial Uses in RTO Districts; Section 249.33 to establish the Van
Ness and Market Downtown Residential Special Use District (VNMDR-SUD) including providing that
projects in the VNMDR-SUD may exceed allowable Floor Area Ratio (FAR) up to a certain ratio by
paying $30 per gross square foot into the Citywide Affordable Housing Fund but not by acquiring
Transferable Development Rights (TDRs); and providing that projects may further exceed FAR limits
above a site FAR of 9:1 by paying $15 per additional gross square foot into the Van Ness and Market
Neighborhood Infrastructure Fund; Section 249.34 to establish the Fulton Street Grocery Store
Special Use District; Section 261.1 related to Additional Height Limits for Narrow Streets and Alleys in
RTO and NCT Districts; Section 263.18 creating a Special Height Exception: Additional Five Feet
Height for Ground Floor uses in NCT 40-X and 50-X Height and Bulk Districts; Section 263.20
Special Height Exceptions: Fulton Street Grocery Store Special Use District 40-X/50-X Height District;
Sections 326-326.8 establishing the Market and Octavia Community Improvements Fee and Fund
including community improvement fees of $10 per square foot for certain new residential and $4 per
square foot for certain new commercial developments, and a springing fee for transit and parking
impacts with a maximum fee of $9 per square foot for transit impacts from residential development
and $5 per square foot for impacts from new parking spaces; Sections 341-341.4 establishing a Better
Neighborhoods Area Plan Monitoring Program; Sections 731 and 731.1 creating an NCT-3 Moderate-
Scale Neighborhood Commercial Transit District; Sections 732 and 732.1 creating the Upper Market
Street Neighborhood Commercial Transit District; adding an uncodified Section 4 adopting procedures
for treatment of historic resources in the Plan Area; and adopting environmental findings and findings
of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1.
Sponsors:
Ross Mirkarimi, Jake McGoldrick
Attachments:
1. Legislation_Ver1, 2. Legislation_Ver2, 3. Legislation_Ver3, 4. Legislation_Ver4, 5. Legislation_Ver5,
6. Legislation_Ver6, 7. Legislation_Ver7
Action By
Date
Action
Result
Ver.
ASSIGNED UNDER 30 DAY RULE
President
7/30/2007
1
RESPONSE RECEIVED
Controller
9/28/2007
1
CONTINUED
Land Use and Economic
Development Committee
10/3/2007
1
Pass
CONTINUED TO CALL OF THE CHAIR
Land Use and Economic
Development Committee
10/15/2007
1
Pass
AMENDED, AN AMENDMENT OF THE
WHOLE BEARING NEW TITLE
Land Use and Economic
Development Committee
2/11/2008
1
CONTINUED AS AMENDED
Land Use and Economic
Development Committee
2/11/2008
2
Pass
AMENDED, AN AMENDMENT OF THE
WHOLE BEARING SAME TITLE
Land Use and Economic
Development Committee
2/25/2008
2
RECOMMENDED AS AMENDED
Land Use and Economic
Development Committee
2/25/2008
3
Pass
AMENDED, AN AMENDMENT OF THE
WHOLE BEARING SAME TITLE
Board of Supervisors
3/4/2008
3
Pass
RE-REFERRED
Board of Supervisors
3/4/2008
4
REFERRED TO DEPARTMENT
Clerk of the Board
3/6/2008
4
RESPONSE RECEIVED
Planning Department
3/6/2008
4
CONTINUED
Land Use and Economic
Development Committee
3/24/2008
4
Pass
AMENDED, AN AMENDMENT OF THE
WHOLE BEARING NEW TITLE
Land Use and Economic
Development Committee
3/31/2008
4
RECOMMENDED AS AMENDED
Land Use and Economic
Development Committee
3/31/2008
5
Pass
PASSED ON FIRST READING AS
AMENDED
Board of Supervisors
4/8/2008
6
Pass
AMENDED, AN AMENDMENT OF THE
WHOLE BEARING NEW TITLE
Board of Supervisors
4/8/2008
5
Pass
AMENDED, AN AMENDMENT OF THE
WHOLE BEARING SAME TITLE
Board of Supervisors
4/15/2008
6
Pass
PASSED ON FIRST READING AS
AMENDED
Board of Supervisors
4/15/2008
7
Pass
FINALLY PASSED
Board of Supervisors
4/22/2008
7
Pass
APPROVED
Mayor
4/30/2008
5