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(a) Determination of Requirements. The Planning Department shall determine the applicability of Sections 428.1 et seq. to any development project requiring a first construction document and, if Sections 428.1 et seq. applies, shall impose any such requirements as a condition of approval for issuance of the first construction document. The project sponsor shall supply any information necessary to assist the Department in this determination.
(b) Department Notice to Development Fee Collection Unit of Fee Requirements. After the Department has made its final determination regarding the application of the affordable housing requirements to a development project pursuant to Sections 428.1 et seq., it shall immediately notify the Development Fee Collection Unit at DBI of the applicable affordable housing fee amount in addition to the other information required by Planning Code Section 402(b).
(c) Process for Revisions of Determination of Requirements. If the Department or the Commission takes action affecting any development project subject to Sections 428.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or a court, the procedures of Planning Code Section 402(c) shall be followed.
(Added by Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019)
The affordable housing fee specified in Sections 428.1 et seq. for the Divisadero Street NCT shall be paid into the Citywide Affordable Housing Fund, established in Administrative Code Section 10.100-49, and the funds shall be separately accounted for. The Mayor’s Office of Housing and Community Development shall expend the funds to increase the supply of housing Affordable to Qualifying Households in the City. The funds may also be used for monitoring and administrative expenses subject to the process described in Planning Code Section 415.5(f).
AMENDMENT HISTORY
Section amended; Ord. 210-21, Eff. 12/20/2021.
(Ord. 270-10, File No. 100917, App. 11/5/2010; repealed by Ord. 71-14
, File No. 131205, App. 5/23/2014, Eff. 6/22/2014)
[PUBLIC ART FEE]
(The effective date of these requirements shall be either September 17, 1985, the date that they originally became effective, or the date a subsequent modification, if any, became effective.)
AMENDMENT HISTORY
“100% Affordable Housing Project” means a project that meets the applicability requirements for affordable housing projects set forth in Section 315(b) of this Code.
"Conservation" shall mean the profession devoted to the preservation of cultural property for the future.
"Construction Cost" shall be determined by the Department of Building Inspection in accordance with established industry standards or in the manner used to determine the valuation of work as set forth in Section 107A.2 of the Building Code.
"Maintenance" shall mean a minimally invasive, routine and regularly scheduled activity that may involve the removal of superficial dirt or debris build-up on the surface of the artwork or the cleaning and repair of non-art support material such as a pedestal or plaque.
"Preservation" shall mean the protection of cultural property through activities that minimize chemical and physical deterioration and damage, and that prevent loss of informational content. The primary goal of preservation is to prolong the existence of cultural property, and should be undertaken or overseen by a professional conservator.
"Restoration" shall mean a treatment procedure intended to return cultural property to a known or assumed state, often through the addition of non-original material.
AMENDMENT HISTORY
(a) all projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet to an existing building in a C-3 District, except for 100% Affordable Housing Projects;;1
and
(b) all non-residential projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet and that have submitted their first complete Development Application on or after January 1, 2013 on the following parcels:
(1) all parcels in RH-DTR, TB-DTR, SB-DTR, UMU, WMUG, WMUO and SALI Districts;
(2) properties that are zoned MUG, CMUO, or MUO or MUR and that are north of Division/Duboce/13th Streets; and
(3) all parcels zoned C-2 except for those on Blocks 4991 (Executive Park) and 7295 (Stonestown Galleria Mall).
For the purposes of this Section 429.2, a “Development Application” shall mean any application for a building permit, site permit, environmental review, Preliminary Project Assessment (PPA), Conditional Use, or Variance.
(Added by Ord. 62-12
, File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 250-24, File No. 231268, App. 11/7/2024, Eff. 12/8/2024)
AMENDMENT HISTORY
CODIFICATION NOTE
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