SEC. 418.5. RINCON HILL COMMUNITY IMPROVEMENTS FUND.

(a) There is hereby established a separate fund set aside for a special purpose entitled the Rincon Hill Community Improvements Fund ("Fund"). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 418.3 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) Rincon Hill Infrastructure. All monies deposited in the Fund shall be used solely to design, engineer, acquire, improve, and develop neighborhood recreation and open spaces, pedestrian and streetscape improvements, and bicycle infrastructure that result in new publicly-accessible facilities or other allowable improvements within the Rincon Hill Downtown Residential (DTR) District or within 250 feet of the District. These expenditures shall be consistent with the Rincon Hill Public Open Space System as described in Map 5 of the Rincon Hill Area Plan of the General Plan and the Rincon Hill Streetscape Plan. The Fund shall be allocated in accordance with Table 418.5.

Table 418.5

Breakdown of Use of Rincon Hill Community Improvements Fee by Infrastructure Type

(2) SoMa Stabilization Fund. Notwithstanding Subsection (b)(1) above, $6 million of the Fund shall be transferred to the SoMa Stabilization Fund described in Section 418.7 to be used exclusively for the following expenditures: SoMa Open Space Facilities Development and Improvement; Community Facilities Development and Improvement; SoMa Pedestrian Safety Planning, Traffic Calming, and Streetscape Improvement; and Development of new affordable housing in SoMa. The Board of Supervisors finds that it is in the best interest of the City that the Rincon Hill Community Improvements be built.

ly for the following expenditures: SoMa Open Space Facilities Development and Improvement; Community Facilities Development and Improvement; SoMa Pedestrian Safety Planning, Traffic Calming, and Streetscape Improvement; and Development of new affordable housing in SoMa. The Board of Supervisors finds that it is in the best interest of the City that the Rincon Hill Community Improvements be built.

(3) 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 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 Rincon Hill Community Improvements Fund.

(c) Acquisition of New Open Space. A public hearing shall be held by both the Planning and Recreation and Parks Commissions 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 hearing may be continued to a later date by a majority vote of the members of both Commissions present at the hearing. The Recreation and Parks Commission may vote to recommend to the Board of Supervisors that it appropriate money from the Fund for acquisition of property for park use and/or for development of property for park use.

(d) The Planning Commission shall work to develop a proposed expenditure plan with other City agencies and commissions, specifically the Department of Recreation and Parks, DPW, and the San Francisco Municipal Transportation Agency, to develop a proposed expenditure plan, and to develop agreements related to the administration of the development of new public facilities within public rights-of-way or on any acquired property. The proposed expenditure plan shall be subject to approval by the Board of Supervisors

s, specifically the Department of Recreation and Parks, DPW, and the San Francisco Municipal Transportation Agency, to develop a proposed expenditure plan, and to develop agreements related to the administration of the development of new public facilities within public rights-of-way or on any acquired property. The proposed expenditure plan shall be subject to approval by the Board of Supervisors

(e) The Director shall have the authority to prescribe rules and regulations governing the Fund, which are consistent with Section 418.1 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. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 263-13, File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015)

AMENDMENT HISTORY

[Former] division (c) amended; Ord. 263-13, Eff. 12/27/2013. Divisions (a)-(b)(3) amended; former division (c) deleted; former divisions (d)-(f) redesignated as (c)-(e) and amended; Ord. 50-15 , Eff. 5/24/2015.