SEC. 412.4. IMPOSITION OF DOWNTOWN PARK FEE REQUIREMENT.

(a) Determination of Requirements. The Department shall determine the applicability of Section 412.1 et seq. to any development project requiring a first construction document and, if Section 412.1 et seq. is applicable, the number of gross square feet of office use subject to its requirements, and shall impose this requirement as a condition of approval for issuance of the first construction document for the development project to address the need for additional public park and recreation facilities in the downtown districts. The project sponsor shall supply any information necessary to assist the Department in this determination.

(b) Amount of Fee. The amount of the fee shall be $2 per square foot of the Net Addition of Gross Floor Area of Office Use to be constructed as set forth in the final approved building or site permit.

(c) Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the net addition of gross floor area of office use subject to Section 412.1 et seq. and the dollar amount of the Downtown Park Fee required, the Department shall immediately notify the Development Fee Collection Unit at DBI of its determination, in addition to the other information required by Section 402(b) of this Article.

(d) Process for Revisions of Determination of Requirement. In the event that the Department or the Commission takes action affecting any development project subject to Section 412.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be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. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023)

AMENDMENT HISTORY

Division (b) amended; Ord. 188-15 , Eff. 12/4/2015. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.