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(a) There is hereby established a separate fund set aside for a special purpose entitled the Central SoMa Community Services Facilities Fund (“Fund”). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 432.3(b) shall be deposited in a special fund maintained by the Controller. The receipts in the Fund are to be used solely to fund public infrastructure subject to the conditions of this Section.
(b) Expenditures from the Fund shall be administered by the Mayor’s Office of Housing and Community Development, or its successor. The Mayor’s Office of Housing and Community Development or its successor shall have the authority to prescribe rules and regulations governing the Fund.
(1) All monies deposited in the Fund shall be used to design, engineer, and develop community services facilities, including cultural/arts facilities, social welfare facilities, and community health facilities within the area bounded by Market Street, the Embarcadero, King Street, Division Street and South Van Ness Avenue as established in the Central SoMa Plan Implementation Program Document and supported by the findings of the Central SoMa Community Facilities Nexus Study.
(2) Funds may be used for administration and accounting of fund assets, for additional studies as detailed in the Central SoMa Plan Implementation Program Document, and to defend the Central SoMa Community Services Facilities Impact Fee against legal challenge, including the legal costs and attorney’s fees incurred in the defense. Administration of this fund includes time and materials associated with reporting requirements, facilitating any necessary or required public meetings aside from Planning Commission hearings, and maintenance 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, and/or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities and services if this is deemed necessary. Monies used for the purposes consistent with this subsection (2) shall not exceed five percent of the total fees collected. All interest earned on this account shall be credited to the Central SoMa Community Services Facilities Fund.
(3) The Mayor’s Office of Housing and Community Development shall report annually to the Board of Supervisors on the current status of the fund, the amounts approved for disbursement, and the number and types of housing units or households assisted.
(4) All funds are justified and supported by the Central SoMa Community Facilities Nexus Study, adopted as part of the Central SoMa Plan (Ordinance No. 296-18, on file with the Clerk of the Board of Supervisors in File No. 180184). Implementation of the Fee and Fund are monitored according to the Eastern Neighborhoods Plan Monitoring Program required by the Administrative Code Section 10E.
Division (b)(1) amended; Ord. 47-21, Eff. 5/17/2021.
[CENTRAL SOMA INFRASTRUCTURE IMPACT FEE AND FUND]