SEC. 403. PAYMENT OF DEVELOPMENT FEE(S) OR SATISFACTION OF DEVELOPMENT IMPACT REQUIREMENT(S) AS A CONDITION OF APPROVAL; TEMPORARY FEE REDUCTION PROGRAM.

   In addition to any other condition of approval that may otherwise be applicable, the Department or Commission shall require as a condition of approval of a development project subject to a development fee or development impact requirement under this Article that such development fee or fees be paid prior to the issuance of the first construction document for any building or buildings within the development project, in proportion to the amount required for each building if there are multiple buildings, with an option for the project sponsor to defer payment of 85 percent of the fees, or 80 percent of the fees if the project is subject to a neighborhood infrastructure impact development fee, to prior to issuance of the first certificate of occupancy, as provided by Section 107A.13.3 of the San Francisco Building Code (“Fee Deferral Program”). The Fee Deferral Program shall not apply to fees that must be deposited in the Citywide Affordable Housing Fund (Administrative Code Section 10.100-49). Projects subject to development agreements executed pursuant to Chapter 56 of the Administrative Code shall be eligible for the Fee Deferral Program, except as may otherwise be agreed to by the parties to the development agreement. The Department or Commission shall also require as a condition of approval that any development impact requirement imposed on a development project under this Article shall be satisfied prior to issuance of the first certificate of occupancy for any building or buildings within the development project, in proportion to the amount required for each building if there are multiple buildings.

   Temporary Fee Reduction Program. The following development fees assessed on or before November 1, 2026 shall be reduced by 33% for (1) projects that receive a First Construction Document, as defined in Building Code Section 107A.13.1, within 30 months of Final Approval, as defined in Section 415A.2; and (2) for Pipeline Projects as defined in Section 415A.2, if such Pipeline Projects receive a First Construction Document on or before May 1, 2029. Projects approved pursuant to a development agreement under Chapter 56 of the Administrative Code shall not be eligible for a fee reduction under this Section 403. Upon receipt of a First Construction Document, the Planning Department shall determine whether the project is eligible for the Temporary Fee Reduction Program, and update the fees assessment as applicable. If the project is found eligible, the following fees shall be reduced:

      (1)   The Transportation Sustainability Fee (Section 411A);

      (2)   The Downtown Park Fee (Section 412);

      (3)   The Jobs Housing Linkage Program (Section 413);

      (4)   The Childcare Requirement for Office and Hotel Development Projects (Section 414);

      (5)   The Childcare Requirements for Residential Projects (Section 414A);

      (6)   Market and Octavia Area Plan and Upper Market Neighborhood Commercial District Affordable Housing Fee (Section 416);

      (7)   Eastern Neighborhoods Area Plan Affordable Housing Requirement (Section 417);

      (8)   Rincon Hill Community Improvements Fund and SOMA Community Stabilization Fund (Section 418);

      (9)   Visitation Valley Community Facilities and Infrastructure Fee and Fund (Section 420);

   1    10   The Market and Octavia Community Improvements Fund (Section 421);

      11   Balboa Park Community Improvements Fund (Section 422);

      12   Eastern Neighborhood Impact Fees and Public Benefits Fund (Section 423);

      13   Van Ness & Market Affordable Housing and Neighborhood Infrastructure Fee and Program (Section 424);

      14   Transit Center District Open Space Impact Fee and Fund (Section 424.6) and Transportation and Street Improvement Impact Fee (Section 424.7);

      15   Van Ness and Market Community Facilities Fee and Fund (Section 425);

      16   Open Space requirements (Sections 426 and 427);

      17   Public Art Fee (Section 429);

      18   Bicycle Parking fee (Section 430);

      19   Central SOMA Community Services Facilities Fees and Fund (Section 432);

      20   Central SOMA Infrastructure Fee and Fund (Section 433);

      21   Union Square Park, Recreation, and Open Space Fee (Section 435);

   Fees eligible for reduction under this section, including the amount with a reduction, shall be included in the Controller’s Citywide Development Fee and Development Impact Requirements Report described in Section 409(a).

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; amended by Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023; Ord. 201-23, File No. 230855, App. 10/12/2023, Eff. 11/12/2023, Oper. 11/1/2023)

AMENDMENT HISTORY

Division (b) deleted; section header and section amended; Ord. 193-23, Eff. 10/16/2023. Section header amended; second and final undesignated paragraphs added; divisions (1)-21 added; Ord. 187-23, Eff. 10/15/2023, and Ord. 201-23, Eff. 11/12/2023.

CODIFICATION NOTE

1.   Ord. 187-23 and Ord. 201-23 added the subsection designations 10-21 without parentheses.