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(a) The Planning Department shall charge Community Plan Fees for environmental applications filed in adopted Plan Areas effective after July 1, 2005. The fee amounts shall be as stated in Section 4 of Ordinance No. 149-16, available in Board of Supervisors File No. 160632 and on the website of the Board of Supervisors, as stated in Section 31.22(b) of this Code, and adjusted annually in accordance with the procedure established under Section 31.22(c).
(b) The Planning Department shall recover the cost of preparing and defending programmatic EIRs, including consultant and City Attorney costs, from project sponsors that file or have filed projects in recently adopted Plan Areas (after July 1, 2005) and filed projects within 10 years of the Programmatic EIR certification. The fee shall be a proportional share of the cost of the Programmatic EIR, which is equal to the Department's average time and material costs to prepare and defend a Programmatic EIR divided by the buildable envelope times the square footage of the proposed project.
(c) Except as provided in Subsection (d) below for projects in the Transit Center District area, if at the time of Community Plan adoption, a project application undergoing review required amendments for height or bulk districts or General Plan amendments and now complies with the Community Plan Zoning, the applicant may choose to pay either the fees specified in Section 31.22 or Section 31.23.1. For projects that paid fees under Section 31.22 and opt to pay fees under Section 31.23.1, the applicant shall withdraw the application filed under Section 31.22 and file a new application. Applicants that file a new application and pay the Section 31.23.1 fees shall be entitled to a refund under Section 31.22(f).
(d) Projects in the Transit Center District area that require amendments for height or bulk district or General Plan amendments at the time of project application shall pay the fees specified in Subsection (b) above and the fees for projects determined not to qualify for a Community exemption or exclusion. For projects that paid fees under Section 31.22, the applicant shall pay the difference between Section 31.22 fees and the fees specified in this Subsection (d).