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Sections 422.1 through 422.5, hereafter referred to as Section 422.1 et seq., set forth the requirements and procedures for the Balboa Park Community Improvements Fund. The effective date of these requirements shall be either April 17, 2009, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)
(a) Purpose. The Board takes legislative notice of the purpose of the Balboa Park Station Area Plan as articulated in the Balboa Park Station Area Plan of the San Francisco General Plan. The Balboa Park Station Area Plan is a part of the Better Neighborhoods Program that recognizes population growth is beneficial in neighborhoods well-served by transit. As such, the Balboa Park Area Plan aims 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 Balboa Park Plan Area can better accommodate this growth because of its easy access to public transit, proximity to downtown, convenience of neighborhood shops to meet daily needs, and the availability of development opportunity sites. San Francisco's land constraints limit new housing construction to areas of the City not previously designated as residential areas, infill sites, or areas that can absorb increased density. The Balboa Park Plan Area presents an opportunity to both absorb increased density and provide infill development within easy walking distance to transit while maintaining neighborhood character. The Plan builds on existing neighborhood character and establishes new standards for amenities necessary for a transit-oriented neighborhood.
In addition, the Board takes legislative notice of the findings made in the Balboa Park Station Area Plan that support the establishment of the Balboa Park Community Improvements Fund.
(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, Childcare Findings, and Transit Infrastructure Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 50-15
, File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 200-15
, File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15
, File No. 155521, App. 12/18/2015, Eff. 1/17/2016; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)
AMENDMENT HISTORY
See Section 401 of this Article.
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)
(a) Application. Section 422.1 et seq. shall apply to any development project located in the Balboa Park Community Improvements Program Area.
(b) Projects subject to the Balboa Park Impact Fee. The Balboa Park Impact Fee is applicable to any development project in the Balboa Park Program Area which results in:
(1) At least one net new residential unit,
(2) Additional space in an existing residential unit of more than 800 gross square feet,
(3) At least one net new group housing facility or residential care facility,
(4) Additional space in an existing group housing or residential care facility of more than 800 gross square feet,
(5) New construction of a non-residential use, or
(6) Additional non-residential space in excess of 800 gross square feet in an existing structure.
(c) Fee Calculation for the Balboa Park Impact Fee. For development projects for which the Balboa Park Impact Fee is applicable:
(1) Any net addition of gross square feet shall pay per the Fee Schedule in Table 422.3A, and
(2) Any replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 422.3B.
Residential | Non-residential |
$8.00/gsf | $1.50/gsf |
Residential to Residential or Non-residential; or Non-residential to Non-residential | Non-Residential to Residential | PDR to Residential | PDR to Non-Residential |
$0 | $6.50/gsf | $7.25/gsf | $0.75/gsf |
(d) Option for In-Kind Provision of Community Improvements 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 Balboa Park Impact 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 as analyzed in the Balboa Park Community Improvements Program and where they substitute for improvements that could be provided by the Balboa Park Community Improvements Fund (as described in Section 422.5). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Balboa Park Area Plan, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Balboa Park 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 Balboa Park Impact 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 the required Balboa Park Impact 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.
(e) Timing of Fee Payments. The Balboa Park Impact Fee shall be paid to DBI for deposit into the Balboa Park Community Improvements Fund at the time required by Section 402(d).
(f) Waiver or Reduction. Development projects may be eligible for a waiver or reduction of impact fees, per Section 406 of this Article.
AMENDMENT HISTORY
(a) Determination of Requirements. The Department shall determine the applicability of Section 422.1 et seq. to any development project requiring a building or site permit and, if Section 422.1 et seq. is applicable, the amount of Community Improvements Impact Fees required and shall impose these requirements as a condition of approval of 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 the issuance of a building or site permit for a development project subject to the requirements of Section 422.1 et seq., the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of Community Improvements Impact Fees required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.
(c) Development Fee Collection Unit Notice to Department Prior to issuance of the First Certificate of Occupancy. 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 422.1 et seq. that has elected to fulfill all or part of its Community Improvements Impact Fee requirement with an In-Kind Improvements Agreement. If the Department notifies the Unit at such time that the sponsor has not satisfied any of the terms of the In-Kind Improvements Agreement, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance with the requirements of Section 422.1 et seq., either through conformance with the In-Kind Improvements Agreement or payment of the remainder of the Community Improvements Impact Fees that would otherwise have been required, plus a deferral surcharge as set forth in Section 107A.13.3.1 of the San Francisco Building Code.
(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 422.1 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.
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011)
(a) Purpose. There is hereby established a separate fund set aside for a special purpose entitled the Balboa Park Community Improvements Fund ("Fund"). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 422.3 shall be deposited in the Fund 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) Use of Funds.
(1) Community Improvements. All monies deposited in the Fund shall be used to design, engineer, acquire, improve, and develop pedestrian and streetscape improvements, bicycle infrastructure, transit, parks, plazas and open space, as defined in the Balboa Park Community Improvements Program with the Plan Area. Funds may be used for childcare facilities that are not publicly owned or "publicly-accessible." The Fund shall be allocated in accordance with Table 422.5.
Improvement Type | Dollars Received From Residential Development | Dollars Received From Commercial Development |
Complete Streets: Pedestrian and Streetscape Improvements, Bicycle Facilities | 38% | 38% |
Transit | 12% | 12% |
Recreation and Open Space | 30% | 30% |
Childcare | 15% | 15% |
Program Administration | 5% | 5% |
(2) 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 purposes of administering 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, or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities if this is deemed necessary. All interest earned on this account shall be credited to the Balboa Park Community Improvements Fund.
(c) Acquisition of New Open Space. A public hearing shall be held by the Recreation and Parks Commission to elicit public comment on proposals for the acquisition of property using monies in the Fund 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 Commission may vote to recommend to the Board of Supervisors that it appropriate money from the Fund for acquisition and development of property acquired for park use.
(d) The Planning Department shall work with other City agencies and commissions, specifically the Department of Recreation and Parks, DPW and MTA, to develop a proposed expenditure plan and to develop agreements related to the administration of the improvements to existing public facilities and development of new public facilities within public rights-of-way or on any acquired public property. The proposed expenditure plan shall be approved by the Board of Supervisors.
(e) The Director of Planning shall have the authority to prescribe rules and regulations governing the Fund, which are consistent with this Section 422 et seq. The Director of Planning, as the head of the Inter-Agency Plan Implementation Committee (IPIC), shall make recommendations to the Board regarding allocation of funds.
AMENDMENT HISTORY
[Former] division (d) amended; Ord. 263-13, Eff. 12/27/2013. Divisions (a)-(b)(2) amended; former divisions (c) and (d) deleted; former divisions (e)-(g) redesignated as [now former] divisions (d)-(f) and amended; Ord. 50-15
, Eff. 5/24/2015. Divisions (b)(1) and (b)(2) amended; former divisions (d)-(f) redesignated as (c)-(e); Ord. 188-15
, Eff. 12/4/2015.
[EASTERN NEIGHBORHOODS IMPACT FEES AND PUBLIC BENEFITS FUND]
Sections 423.1 through 423.5 set forth the requirements and procedures for the Eastern Neighborhoods Impact Fee and Public Benefits Fund. The effective date of these requirements shall be either December 19, 2008, which is the date that these requirements originally became effective, or the date a subsequent modification, if any, became effective.
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)
(a) Purpose. The Board takes legislative notice of the purpose of the Eastern Neighborhoods Area Plan as articulated in the Eastern Neighborhoods Area Plan of the San Francisco General Plan. San Francisco’s Housing Element establishes the Eastern Neighborhoods as a target area for development of new housing to meet San Francisco’s identified housing targets. The release of some of the area’s formerly industrial lands, no longer needed to meet current industrial or PDR needs, offer an opportunity to achieve higher affordability, and meet a greater range of need. The Mission, Showplace Square - Potrero Hill, Central SoMa, East SoMa, Western SoMa and Central Waterfront Area Plans of the General Plan (Eastern Neighborhoods Plans) thereby call for creation of new zoning intended specifically to meet San Francisco’s housing needs, through higher affordability requirements and through greater flexibility in the way those requirements can be met, as described in Section 419. To support this new housing, other land uses, including PDR businesses, retail, office and other workplace uses will also grow in the Eastern Neighborhoods.
This new development will have an extraordinary impact on the Plan Area's already deficient neighborhood infrastructure. New development will generate needs for a significant amount of public open space and recreational facilities; transit and transportation, including streetscape and public realm improvements; community facilities and services, including child care; and other amenities, as described in the Eastern Neighborhoods Community Improvements Program, on file with the Clerk of the Board in File No. 081155.
A key policy goal of the Eastern Neighborhoods Plans is to provide a significant amount of new housing affordable to low, moderate and middle income families and individuals, along with "complete neighborhoods" that provide appropriate amenities for these new residents. The Plans obligate all new development within the Eastern Neighborhoods to contribute towards these goals, by providing a contribution towards affordable housing needs and by paying an Eastern Neighborhoods Impact Fee.
(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, Childcare Findings, and Transit Infrastructure Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 50-15
, File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 200-15
, File No. 150790, App. 11/25/2015, Eff. 12/25/2015; Ord. 222-15
, File No. 155521, App. 12/18/2015, Eff. 1/17/2016; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)
AMENDMENT HISTORY
[Former] divisions (a)(3), (d), and (e)(2) amended; Ord. 42-13
, Eff. 4/27/2013. Section header amended; former divisions (a)(1), (a)(2), and (b)(2) deleted; former divisions (a)(3), (b)(1), and (c)(1) redesignated as current division (a) and amended; new division (b) added; former divisions (c)(2)-(e)(3) deleted; Ord. 50-15
, Eff. 5/24/2015. Division (b) amended; Ord. 200-15
, Eff. 12/25/2015 and Ord. 222-15
, Eff. 1/17/2016. Division (a) amended; Ord. 296-18, Eff. 1/12/2019. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.
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