SEC. 420.3. APPLICATION OF VISITACION VALLEY COMMUNITY IMPROVEMENTS FACILITIES AND…

(a) Projects subject to the Visitacion Valley Community Facilities and Infrastructure Fee. The Visitacion Valley Community Facilities Fee and Infrastructure Fee is applicable to any development project in the Visitacion Valley Fee Area which:

• (1) has 20 or more residential units, and

• (A) creates at least one new residential unit, or

• (B) creates additional space in an existing residential unit of more than 800 gross square feet.

(2) have both not filed an application or a building permit, site permit, conditional use, planned unit development, environmental evaluation, Zoning Map amendment or General Plan amendment prior to September 1, 2003, and have filed an application for a building permit, site permit, conditional use, planned unit development, environmental evaluation, Zoning Map amendment or General Plan amendment on or after September 1, 2003.

(b) Amount of Fee. The Visitacion Valley Community Facilities and Infrastructure Fee ("Fee") shall be $4.58 for each net addition of occupiable square feet of residential use within a development project subject to this Section. Any replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 420.3A below.

(c) Option for In-Kind Provision of Community Infrastructure 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 Visitacion Valley Community Facilities and Infrastructure 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 and where they substitute for improvements that could be provided by the Visitacion Valley Community Facilities and Infrastructure Fund. The City may reject in-kind improvements if they are not consistent with the priorities identified in the Visitacion Valley Community Facilities and Infrastructure Fee Program, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Visitacion Valley 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.

Fee Program, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Visitacion Valley 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 Visitacion Valley Community Facilities and Infrastructure 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 100% of the required 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.

(6) Credit for On-Site Community Facilities and Childcare Facilities. Notwithstanding the foregoing provisions of subsection (c), a project that filed its first environmental application on or before November 18, 2010 only, is eligible for a credit for on-site community facilities or Childcare Facilities as follows: The project sponsor shall receive a credit not to exceed $1.12 multiplied by the net addition of occupiable square feet of residential use in the residential development project. To qualify for a credit for community facilities or Childcare Facility, the facility shall be open and available to the general public on the same terms and conditions as to residents of the residential development project in which the facilities are located. Subject to the review and approval of the Planning Commission, the project sponsor may apply for a credit up to 100% of the required fee, as stated in subsection (c) above.

(d) Timing of Fee Payments. Any fee required by Section 420.1 et seq. shall be paid to DBI for deposit into the Visitacion Valley Community Facilities and Infrastructure Fund at the time required by Section 402(d). (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Section header and division (d) amended; Ord. 50-15 , Eff. 5/24/2015. Division (d) amended; Ord. 63-20, Eff. 5/25/2020.