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(a) Determination of Requirements. The Department shall determine the applicability of Section 432 et seq. to any development project requiring a first construction document and, if Section 432 et seq. is applicable, the Department shall determine the amount of the Central SoMa Community Services Facilities Fees required and shall impose these 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 the issuance of a building or site permit for a development project subject to the requirements of Section 432 et seq., the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of the Central SoMa Community Services Facilities 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 432 et seq. that has elected to fulfill all or part of its Central SoMa Community Services Facilities 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 project complies with the requirements of Section 432 et seq., either through conformance with the In-Kind Improvements Agreement or payment of the remainder of the Central SoMa Community Services Facilities Fee 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 432 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 and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of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. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
(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.
AMENDMENT HISTORY
Division (b)(1) amended; Ord. 47-21, Eff. 5/17/2021.
[CENTRAL SOMA INFRASTRUCTURE IMPACT FEE AND FUND]
(a) Purpose. New development in the Central SoMa Plan Area will increase the resident and employee populations, generating new demand for use of community-serving infrastructure such as transit, complete streets, and recreation and open space. New revenues to fund investments in this infrastructure are necessary to maintain the existing level of service. This fee will generate revenue that will be used to ensure an expansion in community-serving infrastructure in Central SoMa as new development occurs.
(b) Findings. The Board of Supervisors 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, pursuant to 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 Transit Infrastructure Findings, and incorporates those by reference herein to support the imposition of the fees under this Section.
AMENDMENT HISTORY
Division (b) amended; Ord. 193-23, Eff. 10/16/2023.
(a) Applicable Projects. The Central SoMa Infrastructure Impact Fee is applicable to any development project in the Central SoMa Special Use District that:
(1) Is in any Central SoMa Tier, pursuant to Section 423; and
(2) Includes new construction or an addition of space in excess of 800 gross square feet.
(b) Fee Calculation. For applicable projects, the Fee is as follows:
(1) For Residential uses in Central SoMa Fee Tier B:
(A) For Owned Units, as defined in Section 415.2, $20.00 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.
(B) For Rental Units, defined as units that are not Owned Units as defined in Section 415.2, $10.00 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.
(2) For Non-residential uses in Central SoMa Fee Tier A that are seeking an Office Allocation of 50,000 gross square feet or more pursuant to the requirements of Planning Code Section 321, $21.50 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.
(3) For Non-residential uses in Central SoMa Fee Tier A that are not seeking an Office Allocation of 50,000 gross square feet or more pursuant to the requirements of Planning Code Section 321:
(A) $41.50 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses;
(B) $21.50 per gross square foot of net replacement of gross square feet from Residential uses or net change of use of gross square feet from Residential uses.
(4) For Non-residential uses in Central SoMa Fee Tier C that are not seeking an Office Allocation of 50,000 gross square feet or more pursuant to the requirements of Planning Code Section 321, $20.00 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.
(c) 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 Central SoMa Infrastructure 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 Central SoMa Community Improvements Program and substitute for improvements that could be provided by the Central SoMa Infrastructure Public Benefits Fund (as described in Section 433.4). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Central SoMa Plan, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), the Eastern Neighborhoods Citizens Advisory Committee, or other prioritization processes related to Eastern Neighborhoods Citizens 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.
(d) Timing of Fee Payments. The Fee shall be paid to DBI for deposit into the Central SoMa Infrastructure Impact Fund at the time required by Section 402(d).
(e) Waiver or Reduction of Fees. Development projects may be eligible for a waiver or reduction of impact fees, pursuant to Section 406.
AMENDMENT HISTORY
(a) Determination of Requirements. The Department shall determine the applicability of Section 433.2 et seq. to any development project requiring a first construction document and, if Section 433.2 et seq. is applicable, the Department shall determine the amount of the Central SoMa Infrastructure Impact Fees required and shall impose these 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 the issuance of a building or site permit for a development project subject to the requirements of Sections 433 et seq., the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of the Central SoMa Infrastructure 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 433 et seq. that has elected to fulfill all or part of its Central SoMa Infrastructure 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 project complies with the requirements of Section 433 et seq., either through conformance with the In-Kind Improvements Agreement or payment of the remainder of the Central SoMa Infrastructure Impact Fees that would otherwise have been required, plus a deferral surcharge as set forth in Section .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 433 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. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
(a) There is hereby established a separate fund set aside for a special purpose entitled the Central SoMa Infrastructure Impact Fund (“Fund”). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 433.3(b) shall be deposited in a special fund maintained by the Controller. The receipts in the Fund to be used solely to fund Public Benefits subject to the conditions of this Section.
(b) Expenditures from the Fund shall be recommended by the Interagency Plan Implementation Committee for allocation and administration by the Board of Supervisors.
(1) All monies deposited in the Fund shall be used to design, engineer, and develop community public transit and recreation and open space improvements as established in the Central SoMa Plan and the Central SoMa Plan Implementation Program Document.
(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 Infrastructure 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 Infrastructure Impact Fund.
(3) All funds are justified and supported by the San Francisco Citywide Nexus Analysis prepared by AECOM dated March 2014 (“Nexus Analysis”), and the Transportation Sustainability Fee Nexus Study (TSF Nexus Study), dated May, 2015, on file with the Clerk of the Board in Files Nos. 150149 and 150790. Implementation of the Fee and Fund are monitored according to the Eastern Neighborhoods Plan Monitoring Program required by Section 10E of the Administrative Code.
AMENDMENT HISTORY
Division (b)(1) amended; Ord. 47-21, Eff. 5/17/2021.
[—]
(a) Purpose. New construction that increases the density of the South of Market neighborhood will require the City to invest in substantial new infrastructure and services. By increasing height limits, removing restrictive zoning, relieving density and floor area ratio limitations, and making other regulatory changes, the Central SoMa Plan substantially increases the development potential of properties in the area. This new development potential will create a significant demand for infrastructure, improvements, and services as described in the Central SoMa Implementation Program Document, including but not limited to transit investments, street and environmental improvements, and development and maintenance of parks and recreation centers. The Central SoMa Community Facilities District (“CFD” or “Special Tax District”) shall be a special tax district formed pursuant to Administrative Code Chapter 43, Article X to address these needs created by projects that choose to exceed the Prevailing Height and Density Limits.
(b) Applicability. This Section 434 shall apply to a development on any lot in the Central SoMa Special Use District where all of the following apply:
(1) The project includes new construction or the net addition of more than 25,000 gross square feet, as determined by the Planning Director or their designee pursuant to the Rate and Method of Apportionment for the Central SoMa Community Facilities District;
(2) The proposed project exceeds the applicable Prevailing Building Height and Density controls established in Section 249.78(d)(1)(B); and,
(3) The project includes
(A) new non-residential development on any lot that is either wholly or partially in Central SoMa Fee Tier B or C, as defined in Section 423.2; or
(B) new residential condominium development for which any units have been sold on any lot that is either wholly or partially in Central SoMa Fee Tier C, as defined in Section 423.2.
(c) Requirement. Except as specified herein, any applicable development project shall participate in the CFD to be established by the Board of Supervisors pursuant to Article X of Chapter 43 of the Administrative Code (the “Special Tax Financing Law”) and successfully annex the lot or lots of the subject development into the CFD prior to the issuance of the first Certificate of Occupancy for the development. Any project lot or lots that contain areas that fall under more than one Central SoMa Fee Tier shall be wholly annexed into the CFD at the level of the highest applicable Fee Tier. Any project lot or lots that receive a condominium map pursuant to the Subdivision Code shall wholly annex the lot or lots of the subject development into the CFD prior to the sale of the first condominium on the site. For any lot to which the requirements of this Section 434 apply, the Zoning Administrator shall approve and order the recordation of a Notice in the Official Records of the Recorder of the City and County of San Francisco for the subject property prior to the first Certificate of Occupancy for the development, except that for condominium projects, the Zoning Administrator shall approve and order the recordation of such Notice prior to the sale of the first condominium unit. This Notice shall state the requirements and provisions of subsections 434(b)-(c) above.
(d) Special Taxes. The Board of Supervisors will be authorized to levy a special tax on properties that annex into the Community Facilities District to finance facilities and services described in the proceedings for the Community Facilities District and the Central SoMa Implementation Program Document submitted by the Planning Department on November 5, 2018 in Board of Supervisors File No. 180184.
(e) Special tax revenues associated with the CFD should be expended as described in the Central SoMa Plan Implementation Program Document submitted by the Planning Department on November 5, 2018 in Board of Supervisors File No. 180184, except that: (1) $15 million should be allocated to restoration of the Old United States Mint, San Francisco Landmark No. 236, and $160 million should be allocated to regional transit capacity enhancement and expansion; and (2) if the Old United States Mint is developed with community-serving spaces that may be leased through a competitive process at below-market rates to organizations associated with Cultural Districts established under Chapter 107 of the Administrative Code, $20 million should be allocated to restoration of the Old United States Mint, and $155 million should be allocated to regional transit capacity enhancement and expansion.
(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
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