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(a) Mission NCT District. The Land Dedication Alternative is available for any project within the Mission NCT District under the same terms and conditions as provided for in Section 419.5(a)(2)(A)-(J).
(b) Central SoMa Special Use District. The Land Dedication Alternative is available for projects within the Central SoMa Special Use District under the same terms and conditions as provided for in Section 419.5(a)(2), except that in lieu of the Land Dedication Alternative requirements of Table 419.5, projects may satisfy the requirements of Section 415.5 by dedicating land for affordable housing if the dedicated site will result in a total amount of dedicated Gross Floor Area that is equal to or greater than 45% of the potential Gross Floor Area that could be provided on the principal site, as determined by the Planning Department. Any dedicated land shall be within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue.
AMENDMENT HISTORY
[VISITACION VALLEY COMMUNITY FACILITIES AND INFRASTRUCTURE FEE AND FUND]
Sections 420.1 through 420.6, hereafter referred to as Section 420.1 et seq., set forth the requirements and procedures for the Visitation Valley Community Facilities and Infrastructure Fee and Fund. The effective date of these requirements shall be either November 18, 2005, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.
(a) Purpose. The Visitacion Valley Fee Area (Fee Area) is located along the southeastern border of San Francisco and includes the area bounded by McLaren Park to the west, the San Mateo County line to the south, Mansell Street to the north, and Highway 101 and Bayview Park to the east. The Board takes legislative notice of the purpose of the following planning areas: Executive Park Subarea Plan of the Bayview Hunters Point Area Plan, and the Visitacion Valley Redevelopment Area, including the Schlage Lock site. The Board also takes notice of the HOPE SF program, specifically the HOPE SF development at Sunnydale. Jointly these plans and program aim to strengthen neighborhood character, the neighborhood commercial district, and transit by increasing the housing and retail capacity in the area. This project goal will also help to meet ABAG's projected demand to provide housing in the Bay Area by encouraging the construction of higher density housing. The Plan builds on existing neighborhood character and establishes new standards for amenities necessary for a transit-oriented neighborhood. In addition, the Board notes the findings made in the above-referenced Plans that support the establishment of the Visitacion Valley Community Improvements Fee and Fund, specifically that new development in Visitacion Valley creates the need for improvements in pedestrian and streetscape amenities, bicycle infrastructure, recreation and open space facilities, and childcare.
(b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Recreation and Open Space Findings, Complete Streets Findings, and Childcare Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.
The Board takes legislative notice of the findings supporting these fees in former Planning Code Section 420.1 (formerly Section 318.10 et seq.) and the materials associated with Ordinance No. 3-11 in Board File No. 101247. To the extent that the Board previously adopted fees in this Area Plan that are not covered in the analysis of the four infrastructure areas analyzed in the Nexus Analysis, including but not limited to tees related to transit, the Board continues to rely on its prior analysis and the findings it made in support of those fees.
AMENDMENT HISTORY
(a) Projects subject to the Visitacion Valley Community Facilities and Infrastructure Fee. The Visitacion Valley Community Facilities Fee and Infrastructure Fee is applicable to any development project in the Visitacion Valley Fee Area which:
(1) has 20 or more residential units, and
(A) creates at least one new residential unit, or
(B) creates additional space in an existing residential unit of more than 800 gross square feet.
(2) have both not filed an application or a building permit, site permit, conditional use, planned unit development, environmental evaluation, Zoning Map amendment or General Plan amendment prior to September 1, 2003, and have filed an application for a building permit, site permit, conditional use, planned unit development, environmental evaluation, Zoning Map amendment or General Plan amendment on or after September 1, 2003.
(b) Amount of Fee. The Visitacion Valley Community Facilities and Infrastructure Fee ("Fee") shall be $4.58 for each net addition of occupiable square feet of residential use within a development project subject to this Section. Any replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 420.3A below.
Residential to Residential or Non-residential; Non-residential to Non-residential; or PDR to Non-Residential | Non-Residential to Residential | PDR to Residential |
$0 | $3.60/gsf | $2.32/gsf |
(c) Option for In-Kind Provision of Community Infrastructure and Fee Credits. Project sponsors may propose to directly provide community improvements to the City. In such a case, the City may enter into an In-Kind Improvements Agreement with the sponsor and issue a fee waiver for the Visitacion Valley Community Facilities and Infrastructure Fee from the Planning Commission, subject to the following rules and requirements:
(1) Approval Criteria. The City shall not enter into an In-Kind Agreement unless the proposed In-Kind Improvements meet an identified community need and where they substitute for improvements that could be provided by the Visitacion Valley Community Facilities and Infrastructure Fund. The City may reject in-kind improvements if they are not consistent with the priorities identified in the Visitacion Valley Community Facilities and Infrastructure Fee Program, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Visitacion Valley community improvements programming. No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.
(2) Valuation. The Director of Planning shall determine the appropriate value of the proposed In-Kind Improvements. For the purposes of calculating the total value, the project sponsor shall provide the Planning Department with a cost estimate for the proposed In-Kind Improvement(s) from two independent sources or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for a planned improvement this may serve as one of the cost estimates provided it is indexed to current cost of construction.
(3) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:
(i) A description of the type and timeline of the proposed In-Kind Improvements.
(ii) The appropriate value of the proposed In-Kind Improvement, as determined in subsection (2) above.
(iii) The legal remedies in the case of failure by the project sponsor to provide the In-Kind Improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.
(4) Approval Process. The Planning Commission must approve the material terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Planning is authorized to execute the Agreement on behalf of the City. If the Planning Commission approves the In-Kind Agreement, it shall waive the amount of the Visitacion Valley Community Facilities and Infrastructure Fee by the value of the proposed In-Kind Improvements Agreement as determined by the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed 100% of the required fee.
(5) Administrative Costs. Project sponsors that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.
(6) Credit for On-Site Community Facilities and Childcare Facilities. Notwithstanding the foregoing provisions of subsection (c), a project that filed its first environmental application on or before November 18, 2010 only, is eligible for a credit for on-site community facilities or Childcare Facilities as follows: The project sponsor shall receive a credit not to exceed $1.12 multiplied by the net addition of occupiable square feet of residential use in the residential development project. To qualify for a credit for community facilities or Childcare Facility, the facility shall be open and available to the general public on the same terms and conditions as to residents of the residential development project in which the facilities are located. Subject to the review and approval of the Planning Commission, the project sponsor may apply for a credit up to 100% of the required fee, as stated in subsection (c) above.
AMENDMENT HISTORY
(a) Determination of Requirements. The Department shall determine the applicability of Section 420.1 et seq. to any development project requiring a first construction document and, if Section 420.1 et seq. is applicable, the net addition of gross square feet of residential use subject to its requirements, and shall impose the fee requirements as a condition of approval for issuance of the first construction document for the development project. The project sponsor shall supply any information necessary to assist the Department in this determination.
(b) Department Notice to Development Fee Collection Unit at DBI. Prior to issuance of the building or site permit for a development project subject to Section 420 et seq., the Department shall notify the Development Fee Collection Unit at DBI of its final determination of any fee requirements, including any fee credits for in-kind improvements, in addition to the other information required by Section 402(b) of this Article.
(c) Development Fee Collection Unit Notice to Department. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 420.1 et seq. that has elected to satisfy its fee requirement with credits-in-kind improvements. If the Department notifies the Unit at such time that the sponsor has not satisfied the in-kind improvements requirements of Section 420.3, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance.
(d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 420.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed.
If, for any reason, the fee imposed under Section 420.3 remains unpaid following issuance of the certificate of occupancy, the Development Fee Collection Unit at DBI shall institute lien proceedings to make the entire unpaid balance of the fee, plus interest and any deferral surcharge, a lien against all parcels used for the development project in accordance with Section 408 of this Article and Section 107A.13.215 of the San Francisco Building Code.
(a) There is hereby established a separate fund set aside for a special purpose entitled the Visitation Valley Community Facilities and Infrastructure Fund ("Fund"). All monies collected by DBI pursuant to Section 420.3(b) shall be deposited in the Fund which shall be maintained by the Controller. The receipts in the Fund shall be appropriated in accordance with law through the normal budgetary process to fund public infrastructure and other allowable improvements subject to the conditions of this Section.
(b) All monies deposited in the Fund shall be used solely to design, engineer, acquire, develop, and improve neighborhood recreation and open spaces, pedestrian and streetscape improvements, childcare facilities, bicycle infrastructure and other improvements that result in new publicly accessible facilities and related resources within the Visitacion Valley or within 250 feet of the Visitacion Valley Fee Area. The Fund shall be allocated in accordance with Table 420.6A.
Improvement Type | Dollars Received From Residential Development | Dollars Received From Non-Residential Development |
Complete Streets: Pedestrian and Streetscape Improvements, Bicycle Infrastructure | 45% | 45% |
Recreation and Open Space | 30% | 30% |
Childcare | 20% | 20% |
Program Administration | 5% | 5% |
(c) Program Administration. No portion of the Fund may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any public entity, except for the administration of this fund in an amount not to exceed 5% of the total annual revenue. Administration of this fund includes maintenance of the Fund, time and materials associated with processing and approving fee payments and expenditures from the Fund (including necessary hearings), reporting or informational requests related to the Fund, and coordination between public agencies regarding determining and evaluating appropriate expenditures of the Fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee under Section 418.3 above, to complete a nexus study to demonstrate or update the relationship between residential development and the need for public facilities, or to commission landscape, architectural or other planning, design and engineering services in support of the proposed public improvements. All interest earned on this account shall be credited to the Visitacion Valley Improvements Fund.
(d) Acquisition of New Open Space. A public hearing shall be held by the Recreation and Park Commission to elicit public comment on proposals for the acquisition of property using monies in the Fund or through agreements for financing In-Kind Community Improvements via a Mello-Roos Community Facilities District that will ultimately be maintained by the Department of Recreation and Parks. Notice of public hearings shall be published in an official newspaper at least 20 days prior to the date of the hearing, which notice shall set forth the time, place, and purpose of the hearing. The Parks Commissions may vote to recommend to the Board of Supervisors that it appropriate money from the Fund for acquisition of property for park use and for development of property acquired for park use.
(e) The Planning Commission shall work with other City agencies and commissions, specifically the Department of Recreation and Parks, DPW, and the San Francisco Municipal Transportation Agency, to develop agreements related to the administration of the improvements to existing and development of new public facilities within public rights-of-way or on any acquired property designed for park use. The proposed expenditure plan shall be subject to approval by the Board of Supervisors.
(f) The Director of Planning shall have the authority to prescribe rules and regulations governing the Fund, which are consistent with this Section 420.1 et seq. The Director of Planning, as the head of the Interagency Plan Implementation Committee (IPIC), shall make recommendations to the Board regarding allocation of funds.
AMENDMENT HISTORY
[MARKET AND OCTAVIA COMMUNITY IMPROVEMENTS FUND]
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