SEC. 422.3. APPLICATION OF COMMUNITY IMPROVEMENT IMPACT FEE.

• (a) Application. Section 422.1 et seq. shall apply to any development project located in the Balboa Park Community Improvements Program Area.

• (b) Projects subject to the Balboa Park Impact Fee. The Balboa Park Impact Fee is applicable to any development project in the Balboa Park Program Area which results in:

• (1) At least one net new residential unit,

• (2) Additional space in an existing residential unit of more than 800 gross square feet,

• (3) At least one net new group housing facility or residential care facility,

• (4) Additional space in an existing group housing or residential care facility of more than 800 gross square feet,

• (5) New construction of a non-residential use, or

• (6) Additional non-residential space in excess of 800 gross square feet in an existing structure.

• (c) Fee Calculation for the Balboa Park Impact Fee. For development projects for which the Balboa Park Impact Fee is applicable:

• (1) Any net addition of gross square feet shall pay per the Fee Schedule in Table 422.3A, and

• (2) Any replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 422.3B.

TABLE 422.3A

FEE SCHEDULE FOR NET ADDITIONS OF GROSS SQUARE FEET IN THE BALBOA PARK PROGRAM AREA

TABLE 422.3B

FEE SCHEDULE FOR REPLACEMENT OF USE OR CHANGE OF USE IN THE BALBOA PARK PROGRAM AREA

(d) 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 Balboa Park 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 Balboa Park Community Improvements Program and where they substitute for improvements that could be provided by the Balboa Park Community Improvements Fund (as described in Section 422.5). The City may reject in-kind improvements if they are not consistent with the priorities identified in the Balboa Park Area Plan, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Balboa Park 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.

boa Park Area Plan, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Balboa Park 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 Balboa Park Impact 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 the required Balboa Park Impact 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.

(e) Timing of Fee Payments. The Balboa Park Impact Fee shall be paid to DBI for deposit into the Balboa Park Community Improvements Fund at the time required by Section 402(d).

(f) Waiver or Reduction. Development projects may be eligible for a waiver or reduction of impact fees, per Section 406 of this Article.

(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. 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

Division (e) amended; Ord. 50-15 , Eff. 5/24/2015. Division (e) amended; Ord. 63-20, Eff. 5/25/2020.

SEC. 422.4. IMPOSITION OF COMMUNITY IMPROVEMENTS IMPACT FEE.

(a) Determination of Requirements. The Department shall determine the applicability of Section 422.1 et seq. to any development project requiring a building or site permit and, if Section 422.1 et seq. is applicable, the amount of Community Improvements Impact Fees required and shall impose these requirements as a condition of approval of 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 422.1 et seq. , the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of Community Improvements 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 422.1 et seq. that has elected to fulfill all or part of its Community Improvements 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 subject project is brought into compliance with the requirements of Section 422.1 et seq. , either through conformance with the In-Kind Improvements Agreement or payment of the remainder of the Community Improvements Impact Fees 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 422.1 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. 108-10, File No. 091275, App. 5/25/2010; Ord. 55-11, File No. 101523, App. 3/23/2011)