413.3

SEC. 413.3. APPLICATION. (a) With the exception of uses listed below in subsection (b), Sections 413.1 et seq. shall apply to any development project: (1) that increases by 25,000 or more gross square feet the total amount of any combination of the following uses; entertainment, hotel, Integrated PDR, office, research and development, retail, and/or Small Enterprise Workspace, and (2) whose environmental evaluation application for the development project was filed on or after January 1, 1999. (b) Sections 413.1 et seq. shall not apply to: (1) Any development project other than a development project described in Subsection (a) of this Section, including those portions of a development project consisting of the net addition of square feet of any type of space not described in Subsection (a) of this Section; (2) Those portions of a development project described in Subsection (a) of this Section located on property owned by the United States or any of its agencies or leased by the United States or any of its agencies for a period in excess of 50 years, with the exception of such property not used exclusively for a governmental purpose; (3) Those portions of a development project described in Subsection (a) of this Section located on property owned by the State of California or any of its agencies, with the exception of such property not used exclusively for a governmental or educational purpose; (4) Those portions of a development project described in Subsection (a) of this Section located on property under the jurisdiction of the San Francisco Redevelopment Agency or the Port of San Francisco where the application of Section 413.1 et seq. is prohibited by California or local law; (5) Any office development project approved by the Commission prior to August 18, 1985 that was not subject to the Interim Guidelines; or (6) Any office development project approved by the Commission prior to August 18, 1985 that was subject to the Interim Guidelines. If the action of the Commission affecting such office development project is thereafter modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action in a manner affecting the amount of housing required under the Interim Guidelines, the permit application on remand to the Commission shall remain subject to the Interim Guidelines. (7) Any major phase or development project in Mission Bay North or South to the extent application of Section 413.1 et seq. would be inconsistent with the Mission Bay North Redevelopment Plan and Interagency Cooperation Agreement or the Mission Bay South Redevelopment Plan and Interagency Cooperation Agreement, as applicable. (8) Any of the following free-standing uses. For purposes of this subsection (b)(8), the term “free-standing” shall mean an independent building or structure used exclusively by a single use and any Accessory Uses, and that is not part of a larger development project on the same environmental evaluation application. (A) any free-standing Pharmacy use which does not exceed more than 50,000 square feet of retail or other space; or (B) any free-standing General Grocery use which does not exceed more than 75,000 square feet of retail or other space; or (C) any mixed-use space consisting of Residential space and Pharmacy retail space not exceeding 50,000 square feet, or General Grocery retail space not exceeding 75,000 square feet. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018) AMENDMENT HISTORY Divisions (a)-(a)(2), (b), and (b)(8)-(b)(8)(C) amended; Ord. 202-18, Eff. 9/10/2018. SEC. 413.4. IMPOSITION OF HOUSING REQUIREMENT. (a) Determination of Requirements. The Department shall determine the applicability of Section 413.1 et seq. to any development project requiring a first construction document, and if Section 413.1 et seq. is applicable, the number of gross square feet of each type of space subject to its requirements, and shall impose these requirements as a condition of approval for issuance of the first construction document for the development project to mitigate the impact on the availability of housing which will be caused by the employment facilitated by 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. After the Department has made its final determination of the net addition of gross square feet of each type of space subject to Section 413.1 et seq., it 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. (c) Sponsor’s Choice to Fulfill Requ