SEC. 169.3. APPLICABILITY.

(a) Except as provided in subsection (b), Section 169 shall apply to any Development Project in San Francisco that results in:

• (1) Ten or more Dwelling Units, as defined in Section 102; or

• (2) Ten or more bedrooms of Group Housing, as this term is defined in Section 102; or

(3) Any new construction resulting in 10,000 occupied square feet or more of any use other than Residential, as this term is defined in Section 102, excluding any area used for accessory parking; or

(4) Any Change of Use resulting in 25,000 occupied square feet or more of any use other than Residential, as this term is defined in Section 102, excluding any area used for accessory parking, as set forth in the TDM Program Standards, if:

(A) The Change of Use involves a change from a Residential use to any use other than Residential; or

(B) The Change of Use involves a change from any use other than Residential, to another use other than Residential.

(5) For any Development Project that has been required to finalize and record a TDM Plan pursuant to Section 169.4 below, any increase in accessory parking spaces or Parking Garage spaces within such Development Project that results in an increase in the requirements of the TDM Standards shall be required to modify such TDM Plan pursuant to Section 169.4(f) below.

(b) Exemptions. Notwithstanding subsection (a), Section 169 shall not apply to the following:

(1) One Hundred Percent Affordable Housing Projects. Residential uses within Development Projects where all residential units are affordable to households at or below 120% of the Area Median Income, as defined in Section 401, shall not be subject to the TDM Program. Any uses other than Residential within those projects, whose primary purpose is to provide services to the Residential uses within those projects shall also be exempt. Other uses shall be subject to the TDM program. All uses shall be subject to all other applicable requirements of the Planning Code.

(2) Parking Garages and Parking Lots, as defined in Section 102. However, parking spaces within such Parking Garages or Parking Lots, when included within a larger Development Project, may be considered in the determination of TDM Plan requirements, as described in the TDM Program Standards.

(3) Commercial to Residential Adaptive Reuse projects per Planning Code Section 210.5.

(c) When determining whether a Development Project shall be subject to the TDM Program, the Development Project shall be considered in its entirety. A Development Project shall not seek multiple applications for building permits to evade the applicability of the TDM Program.

(d) The TDM Program shall not apply to any Development Project that receives Approval of any Development Application or Development Agreement before the effective date of this Section.

(e) Operative Date.

(1) Except as described in subsection (4) below, Development Projects with a Development Application filed or an Environmental Application deemed complete on or before September 4, 2016 shall be subject to 50% of the applicable target, as defined in the Planning Commission’s Standards.

(2) Except as described in subsection (4) below, Development Projects with no Development Application filed or an Environmental Application deemed complete on or before September 4, 2016, but that file a Development Application on or after September 5, 2016, and before January 1, 2018, shall be subject to 75% of such target.

(3) Development Projects with a Development Application filed on or after January 1, 2018 shall be subject to 100% of such target.

(4) Development Projects within the Central SoMa Special Use District that fall within Central SoMa Fee Tier A, B, or C, as defined in Section 423.2, shall be subject to the following requirements:

(i) projects that have filed a Development Application or submitted an Environmental Application deemed complete on or before September 4, 2016 shall be subject to 75% of such target.

(ii) projects that filed a Development Application or submitted an Environmental Application deemed complete after September 4, 2016 shall be subject to 100% of such target.

(Added by Ord. 34-17, File No. 160925, App. 2/17/2017, Eff. 3/19/2017; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023)

AMENDMENT HISTORY

Division (e) amended and redesignated as divisions (e)-(e)(3); divisions (e)(4)-(e)(4)(ii) added; Ord. 296-18, Eff. 1/12/2019. Division (b)(3) added; Ord. 122-23, Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023.