§ 10E.2. EASTERN NEIGHBORHOODS AREA PLANS MONITORING PROGRAM.

(a) FINDINGS.

(1) The Board of Supervisors and the Planning Commission have adopted the Eastern Neighborhoods Area Plans as part of the General Plan of the City and County of San Francisco as further described in Ordinance Nos. 297-08, 298-08, 299-08, and ______,1 copies of which are on file with the Clerk of the Board of Supervisors in File Nos. 081152, 081153, 081154, and 130001, and are incorporated herein by reference. The Area Plans outline specific goals that cumulatively frame the community's vision for the management of growth and development in the Eastern Neighborhoods (East SoMa, Western SoMa, Mission, Showplace Square/Potrero Hill, and Central Waterfront).

(2) The Eastern Neighborhoods Area Plans introduce innovative policies and land use controls to achieve the Plan goals. Successful realization of the Plan's goals requires a coordinated implementation of land use controls, community and public service delivery, key policies, and community infrastructure improvements.

(3) The Eastern Neighborhoods Area Plans also establish general public improvements and amenities needed to meet the needs of both existing residents, as well as those needs generated by new development, and identified these in the Eastern Neighborhoods Needs Assessment. A copy of this document is on file with the Clerk of the Board of Supervisors in File No. 081155 and is incorporated herein by reference.

(4) In order to ensure a Citywide commitment to implementation of the Eastern Neighborhoods Area Plans, the implementing agencies identified in each Plan's Implementation Matrix, including the Arts Commission, Department of Building Inspection (DBI), Department of Public Health (DPH), Division of Emergency Services (DEM), Capital Planning Committee, City Administrator's Office, Controller's Office, Department of Public Works (DPW), Human Services Agency (HSA), Mayor's Office on Community Investment (MOCI), Mayor's Office of Education, Mayor's Office of Housing (MOH), Office of Economic and Workforce Development (OEWD), or successor offices, Planning Department, Port of San Francisco, Public Utilities Commission (PUC), Recreation and Park Department (RPD), San Francisco County Transportation Authority (SFCTA), San Francisco Unified School District (SFUSD), San Francisco Municipal Transportation Agency (SFMTA), and other necessary agencies, shall be responsible for making progress towards the Plan's policies and implementation measures; for budgeting revenue towards such implementation where possible; and for cooperating with the Planning Department to report on such progress.

(5) In order to ensure a balanced implementation of the Eastern Neighborhoods Area Plans, the Planning Department shall institute a formal monitoring program for the Area Plan policies and implementation measures. This monitoring program shall provide basic statistics on development activity, housing construction, and infrastructure improvements in the Eastern Neighborhoods Plan Areas, and shall evaluate the effectiveness of the Plans' implementation according to growth in the Plan Areas.

(6) The purpose of this Monitoring Program shall be to provide rigorous monitoring and review of the effectiveness of the Eastern Neighborhoods Area Plans, to ensure rational growth in these neighborhoods, and to ensure implementation of improvements to accompany this growth. The program shall monitor progress towards the Eastern Neighborhoods Area Plans' objectives and policies, by evaluating advancement according to each Plan's matrix of implementation actions; and measure the balance of growth against needed improvements, according to standards established in the Eastern Neighborhoods Needs Assessment.

(b) REPORTING REQUIREMENTS.

(1) Report. By July 1 two years after Plan adoption, and on July 1 every five years thereafter, the Planning Department shall prepare a report detailing development activity, housing construction, and infrastructure improvements in the Eastern Neighborhoods Plan Area. The information shall be presented to the Board of Supervisors, Planning Commission, the South of Market Community Planning Advisory Committee, the Eastern Neighborhoods Community Advisory Committee, and the Mayor, and shall also include recommendations for measures deemed appropriate to deal with the impacts of neighborhood growth.

(2) Time Period and Due Date. Reporting shall be presented by July 1st two years after Plan adoption to address the time period since Plan adoption; and by July 1st during each required year thereafter to address the five calendar years immediately preceding.

(3) Data Source. The Planning Department shall assemble data for the purpose of providing the reports. City records shall be used wherever possible. Outside sources shall be used when data from such sources are reliable, readily available and necessary in order to supplement City records. When data is not available for the exact boundaries of the Plan Area, a similar geography will be used and noted.

(4) Eastern Neighborhoods Implementation Matrix. The report shall review progress toward each implementation measure specified in each Plan's Implementation Matrix. Copies of these matrices are on file with the Clerk of the Board of Supervisors in File No. 081155 and are incorporated herein by reference. It shall evaluate the actions of each responsible agency/ies according to the timeline specified in the Implementation Matrix, and recommend amendments to implementation measures where relevant. All departments responsible for implementation measures shall cooperate and furnish information relating to their responsibilities as stated in the matrices.

(5) Development Activity. The report shall detail all development activity in the Plan Area over the Monitoring Period, including additions and deletions of residential and commercial space, and shall include unit size and bedroom count of units constructed, retail space and employment generated, conversions and other development statistics. The monitoring program shall include the following categories of information:

(A) Office Space. Amount of office space constructed in preceding years and related employment.

(B) Visitor and Hotel Space. Amount of hotel rooms constructed in preceding years and related employment.

(C) Retail Space. Amount of retail space constructed in preceding years and related employment.

(D) Business Formation and Relocation. An estimate of the rate of the establishment of new businesses and business and employment relocation trends and patterns within the City and the Bay Area.

(E) Housing. An estimate of the number of housing units newly constructed, demolished, or converted to other uses.

(6) Public Benefit. The report shall detail the construction of any improvements or infrastructure as described in the Eastern Neighborhoods Public Benefits Program, a copy of which is on file with the Clerk of the Board of Supervisors in File No. 081155 and is incorporated herein by reference. The report shall include the following categories of information:

(A) Inclusionary Housing Program. A summary of the number and income mix of units constructed or assisted through this program, an analysis of units constructed within each alternative, including new alternatives established for the Eastern Neighborhoods UMU districts.

(B) Jobs/Housing Linkage Program. A summary of the operation of the Jobs/Housing Linkage Program (formerly the Office Affordable Housing Production Program) and the Housing Affordability Fund, identifying the number and income mix of units constructed or assisted with these monies.

(C) Streetscape, Transportation, and Public Realm. A detailed description of any transportation serving infrastructure completed in the preceding five years, including transit, pedestrian, bike, traffic and other modes of transportation.

(D) Open Space and Recreational Facilities. A summary of new parks, trails, public rights-of-way, recreational facilities or activity space completed to serve the purposes of recreation in the preceding five years, as well as any improvements to parks or recreational facilities.

(E) Community Facilities. An assessment of the existing service capacity of community services and facilities, and of any new services or facilities joining the neighborhood in the past five years. This shall include a review of child care, library services and any other categories deemed relevant, such as health care centers, human services, and cultural centers.

(F) Neighborhood Serving Businesses. An assessment of neighborhood serving businesses in the area, including their establishment, displacement, and economic health.

(7) Fees and Revenues. The report shall monitor expenditure of all implemented fees, including the Eastern Neighborhoods Impact Fee and all Citywide fees, and tax revenue, as listed below. It shall report on studies and implementation strategies for additional fees and programming.

(A) Impact Fee. A summary of the collected funds from the Eastern Neighborhoods Impact Fee collected from development, and a detailed accounting of its expenditure over that same period.

(B) Fiscal Revenues. An estimate of the net increment of revenues by type (property tax, business taxes, hotel and sales taxes) from all uses.

(C) Fee Adjustments.

(i) The Planning Department shall review the amount of the Eastern Neighborhoods fee against any increases in construction costs, according to changes published in the Construction Cost Index published by Engineering News Record, or according to another similar cost index should there be improvements to be funded through the Eastern Neighborhoods Impact Fee as listed in the Eastern Neighborhoods Program.

(ii) The Planning Department shall review the level of the Eastern Neighborhoods housing requirements and fees to ensure they are not so high as to prevent needed housing or commercial development.

(8) Agency Responsibilities. All implementing agencies identified in the Eastern Neighborhoods Implementation Matrix shall be responsible for:

(A) Reporting to the Planning Department, for incorporation into the Monitoring report, on action undertaken in the previous reporting period to complete the implementation actions under their jurisdiction, as referenced in the Eastern Neighborhoods Implementation Matrix.

(B) Providing an analysis of the actions to be completed in the next reporting period, for incorporation into the Monitoring report, including a description of the integrated approach that will be used to complete those tasks.

(i) To the extent the Agencies identified in the Implementation Matrix are outside the jurisdiction of this Board, this Board hereby urges such Agencies to participate in this process.

(9) Budget Implications. In cooperation with the Annual Progress reports required by Administrative Code Chapter 36.4, and prior to the annual budget process, the Board shall receive a presentation by the Interagency Planning and Implementation Committee and its member agencies to describe how each agency's proposed annual budget advances the Plans' objectives, including specific projects called for by this section. The Board of Supervisors shall give particular consideration to proposed agency budgets that meet the implementation responsibilities as assigned by the City's General Plan, including the Eastern Neighborhoods Implementation Matrix. Budget proposals that do not include items to meet these implementation responsibilities shall respond to Board inquiries as to why inclusion was not possible.

(c) EASTERN NEIGHBORHOODS CAPITAL EXPENDITURE EVALUATION.

(1) Purpose. The Board of Supervisors and the Planning Commission have adopted the Eastern Neighborhoods Area Plans in part to further the implementation of capital improvements within the neighborhoods affected by new development, as described in the Eastern Neighborhoods Public Benefits Program and incorporated herein by reference. A Capital Expenditure Evaluation, in conjunction with the Plan's Monitoring Programs, will provide a means to measure the balance of growth against these needed improvements, and to evaluate the effectiveness of the Plans' implementation as growth occurs.

(2) Controls.

(A) Reporting Requirements. By July 1 five years after Plan adoption, and every five years thereafter, the Planning Department shall submit to the Board of Supervisors and the Office of the Controller an Eastern Neighborhoods Capital Expenditure Evaluation Report. The Eastern Neighborhoods Capital Expenditure Evaluation Report shall specifically report the amount of funds collected to date from the Eastern Neighborhoods Impact Fee, Central SoMa Infrastructure Impact Fee, Central SoMa Community Services Facilities Fee, and Central SoMa Community Facilities District special tax. The Capital Expenditure Evaluation Report shall also describe how these funds have been allocated or spent for the purpose of developing capital projects as identified in the Eastern Neighborhoods Priority Capital Project list. The Capital Expenditure Evaluation shall specifically report on allocations of funds or expenditures, based on their percentages share of the total fees collected to date, toward the following Eastern Neighborhoods Priority Capital Project development activities: planning, design, environmental review, approval, and implementation. For the purposes of this Section 10E.2, the “Eastern Neighborhoods Priority Capital Project List” shall mean a list of capital projects which are a priority subset of the full Eastern Neighborhoods Public Benefits Program as set forth in the Eastern Neighborhoods Interdepartmental Memorandum of Understanding and the Central SoMa Implementation Program and amended from time to time by the Planning Commission with advice from the Eastern Neighborhoods Community Advisory Committee and the South of Market Community Planning Advisory Committee. A draft copy of said memorandum is on file with the Clerk of the Board of Supervisors in File No. 081446 and is incorporated herein by reference.

(B) Office of Controller Assessment. Within 60 days of receiving the Eastern Neighborhoods Capital Expenditure Evaluation Report, the Controller shall assess whether funds collected from the Eastern Neighborhoods Impact Fee are being effectively utilized for capital projects included on the Eastern Neighborhoods Priority Capital Project List, and whether such projects are successfully advancing towards implementation. For the purposes of this section, "effectively utilized" shall mean approximately eighty percent of total Eastern Neighborhoods impact fees collected in each Improvement Type category (as identified in Tables 423.5 and 423.5A) upon issuance of the Eastern Neighborhoods Capital Expenditure Evaluation Report have been allocated to one or more of the projects identified in the Eastern Neighborhoods Priority Capital Projects list, whether or not such projects have been approved or completed, or that all projects in that Improvement Type category have been funded. On or after the ten-year anniversary of Plan Adoption the Controller shall also consider whether projects that were initially funded by the issuance of the five year report, or any subsequent updated or revised report, have been fully funded and/or completed, assuming sufficient funds are available from the Eastern Neighborhoods impact fees collected to date.

(C) Inclusion in Annual Capital Plan. Each year the Planning Department shall submit for inclusion into the City and County of San Francisco Proposed Capital Plan for the current fiscal year, in accordance with Sections 3.20 et seq., a schedule of capital improvements to be funded, developed and implemented within the Eastern Neighborhoods, by neighborhood. That schedule shall illustrate costs and revenue streams, total projects costs and the proposed timeline for implementation.

(d) EASTERN NEIGHBORHOODS COMMUNITY ADVISORY COMMITTEE. The Eastern Neighborhoods Community Advisory Committee, in Article XXXII of Chapter 5 of the Administrative Code, shall serve the purposes and functions stated in that Article XXXII, in the manner described therein.

(Added by Ord. 58-09, File No. 090179, App. 4/17/2009; amended by Ord. 230-09, File No. 090523, App. 11/10/2009; Ord. ; File No. 110787, App. 10/4/2011, Eff. 11/3/2011; Ord. , File No. 130004, App. 3/28/2013, Eff. 4/27/2013; Ord. , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. , File No. 181215, App. 11/1/2019, Eff. 12/2/2019)

(Former Sec. 10E.2 added by Ord. 500-85, App. 11/22/85; amended by Ord. 263-99, File No. 991548, App. 10/15/99; Ord. 199-06, File No. 060698, App. 7/21/2006; redesignated as Sec. 10E.1(b) by Ord. 58-09, File No. 090179, App. 4/17/2009)

CODIFICATION NOTE

1. Blank in Ord. . The ordinance on file in File No. 130001 is Ord. , "General Plan Amendments - Western South of Market Area Plan."

Editor's Notes:
Ord. 58-09 redesignated former Sec. 10E.2 as Sec. 10E.1(b) and redesignated former Secs. 10E.5 through 10E.9 as divisions (a) through (e) of this section.

Ord. 242-19 replaced division (d) of this section and redesignated former division (d), with amendments, as Ch. 5, Art. XXXII, Secs. 5.32-1 through 5.32-4.