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(a) General Findings. The Board makes the following findings related to the fees imposed under Article 4.
(1) Application. The California Mitigation Fee Act, Government Code Section 66000 et seq. may apply to some or all of the fees in this Article 4. While the Mitigation Fee Act may not apply to all fees, the Board has determined that general compliance with its provisions is good public policy in the adoption, imposition, collection, and reporting of fees collected under this Article 4. By making findings required under the Act, including the findings in this Subsection and findings supporting a reasonable relationship between new development and the fees imposed under this Article 4, the Board does not make any finding or determination as to whether the Mitigation Fee Act applies to all of the Article 4 fees.
(2) Timing of Fee Collection. For any of the fees in this Article 4 collected prior to the issuance of the certificate of occupancy, the Board of Supervisors makes the following findings set forth in California Government Code Section 66007(b): the Board of Supervisors finds, based on information from the Planning Department in Board File No. 150149, that it is appropriate to require the payment of the fees in Article 4 at the time of issuance of the first construction document because the fee will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule or plan prior to the final inspection or issuance of the certificate of occupancy or because the fee is to reimburse the City for expenditures previously made for such public improvements or facilities.
(3) Administrative Fee. The Board finds, based on information from the Planning Department in Board File No. 150149, that the City agencies administering the fee will incur costs equaling 5% or more of the total amount of fees collected in administering the funds established in Article 4. Thus, the 5% administrative fee included in the fees in this Article 4 do not exceed the cost of the City to administer the funds.
(b) Specific Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis prepared by AECOM dated March 2014 ("Nexus Analysis"), the San Francisco Infrastructure Level of Service Analysis prepared by AECOM dated March 2014, and the Transportation Sustainability Fee Nexus Study (TSF Nexus Study), dated May, 2015, on file with the Clerk of the Board in Files Nos. 150149 and 150790, and adopts the findings and conclusions of those studies, specifically the sections of those studies establishing levels of service for and a nexus between new development and five infrastructure categories: Recreation and Open Space, Childcare, Streetscape and Pedestrian Infrastructure, Bicycle Infrastructure, and Transit Infrastructure. The Board of Supervisors finds that, as required by California Government Code Section 66001, for each infrastructure category analyzed, the Nexus Analysis and Infrastructure Level of Service Analysis: identify the purpose of the fee; identify the use or uses to which the fees are to be put; determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the facility attributable to the development. Specifically, as discussed in more detail in and supported by the Nexus Analysis and Infrastructure Level of Service Analysis the Board adopts the following findings:
(1) Recreation and Open Space Findings.
(A) Purpose. The fee will help maintain adequate park capacity required to serve new service population resulting from new development.
(B) Use. The fee will be used to fund projects that directly increase park capacity in response to demand created by new development. Park and recreation capacity can be increased either through the acquisition of new park land, or through capacity enhancements to existing parks and open space. Examples of how development impact fees would be used include: acquisition of new park and recreation land; lighting improvements to existing parks, which extend hours of operation on play fields and allow for greater capacity; recreation center construction, or adding capacity to existing facilities; and converting passive open space to active open space including but not limited to through the addition of trails, play fields, and playgrounds.
(C) Reasonable Relationship. As new development adds more employment and/or residents to San Francisco, it will increase the demand for park facilities and park capacity. Fee revenue will be used to fund the acquisition and additional capacity of these park facilities. Each new development project will add to the incremental need for recreation and open space facilities described above. Improvements considered in the Nexus Study are estimated to be necessary to maintain the City's effective service standard.
(D) Proportionality. The new facilities and costs allocated to new development are based on the existing ratio of the City's service population to a conservative estimate of its current recreation and open space capital expenditure to date. The scale of the capital facilities and associated costs are proportional to the projected levels of new development and the existing relationship between service population and recreation and open space infrastructure. The cost of the deferred maintenance required to address any operational shortfall within the City's recreation and open space provision will not be financed by development fees.
(2) Childcare Findings.
(A) Purpose. The fee will support the provision of childcare facility needs resulting from an increase in San Francisco's residential and employment population.
(B) Use. The childcare impact fee will be used to fund capital projects related to infant, toddler, and preschool-age childcare. Funds will pay for the expansion of childcare slots for infant, toddler, and preschool children.
(C) Reasonable Relationship. New residential and commercial development in San Francisco will increase the demand for infant, toddler and preschool-age childcare. Fee revenue will be used to fund the capital investment needed for these childcare facilities. Residential developments will result in an increase in the residential population, which results in growth in the number of children requiring childcare. Commercial development results in an increase of the employee population, which similarly require childcare near their place of work. Improvements considered in this study are estimated to be necessary to maintain the City's provision of childcare at its effective service standard.
(D) Proportionality. The new facilities and costs allocated to new development are based on the existing service ratio of the total number of infants, toddler, and preschoolers needing care in San Francisco to the number of spaces available to serve them. The total numbers of children reflect both resident children and non-resident children of San Francisco employees needing care. The scale of the capital facilities and associated costs are directly proportional to the expected levels of new development and the corresponding increase in childcare demands.
(3) Streetscape and Pedestrian Infrastructure Findings. The infrastructure covered by Pedestrian and Bicycle Infrastructure and Bicycle Infrastructure may be referred to in certain Area Plans collectively as "Complete Streets Infrastructure."
(A) Purpose. The primary purpose of the streetscape and pedestrian infrastructure development impact fee is to fund streetscape and pedestrian infrastructure to accommodate the growth in street activity.
(B) Use. The streetscape infrastructure fees will be used to enhance the pedestrian network in the areas surrounding new development – whether through sidewalk improvements, construction of complete streets, or pedestrian safety improvements.
(C) Reasonable Relationship. New development in San Francisco will increase the burden on the City's pedestrian infrastructure. Fee revenue will be used to increase pedestrian infrastructure capacity and facilities. Residential and commercial development will add to the incremental need for streetscape and pedestrian infrastructure. Improvements considered in this study are estimated to be necessary to maintain the City's effective service standard, reflecting the City's investment to date.
(D) Proportionality. The fees allocated to new development are based on the existing ratio of the City's service population to a conservative estimate of its current streetscape and pedestrian infrastructure provision to date – in the form of square feet of sidewalk per thousand service population units. The costs associated with this level of improvement are drawn from the cost per square foot associated with improving sidewalk under the Department of Public Works' standard repaving and bulbouts cost structure. The scale of the capital facilities and associated costs are directly proportional to the expected levels of new development and the existing relationship between service population and pedestrian infrastructure. The cost of the deferred maintenance required to address any operational shortfall is not allocated to be funded by new development.
(4) Bicycle Infrastructure Findings. The infrastructure covered by Pedestrian and Bicycle Infrastructure and Bicycle Infrastructure may be referred to in certain Area Plans collectively as "Complete Streets Infrastructure."
(A) Purpose. The primary purpose of bicycle infrastructure development impact fee is to fund capital improvements to San Francisco's bicycle infrastructure.
(B) Use. The bicycle fee will be used to implement the SFMTA's Bicycle Plan set forth in the 2013 Bicycle Strategy. The fee will support development of new premium bike lanes, upgraded intersections, additional bicycle parking, and new bicycle sharing program stations.
(C) Reasonable Relationship. New residential and commercial development in San Francisco will increase trips in San Francisco, of which a share will travel by bicycle. Fee revenue will be used to fund the capital investment needed for these bicycle facilities. Both residential and commercial developments result in an increased need for bicycle infrastructure, as residents and employees rely on bicycle infrastructure for transportation, and to alleviate strain on other transportation modes.
(D) Proportionality. The facilities and costs allocated to new development are based on the proportional distribution of the Bicycle Plan Plus investments between existing and new service population units. The scale of the capital facilities and associated costs are directly proportional to the expected levels of new development and the existing relationship between service population and bicycle facility demands.
(5) Transit Findings. See Section 411A.
(6) Additional Findings. The Board finds that the Nexus Analyses establish that the fees are less than the cost of mitigation and do not include the costs of remedying any existing deficiencies. The City may fund the cost of remedying existing deficiencies through other public and private funds. The Board also finds that the Nexus Analyses establish that the fees do not duplicate other City requirements or fees. Moreover, the Board finds that these fees are only one part of the City's broader funding strategy to address these issues. Residential and non-residential impact fees are only one of many revenue sources necessary to address the City's infrastructure needs.
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