413.5

SEC. 413.5. COMPLIANCE BY PAYMENT OF IN-LIEU FEE. (a) The amount of the fee which may be paid by the sponsor of a development project shall be determined by the following formulas for each type of space proposed as part of the development project and subject to this Article 4.

(1) For applicable projects (as defined in Section 413.3), any net addition shall pay per the Fee Schedule in Table 413.5A, and (2) For applicable projects (as defined in Section 413.3), any replacement or change of use shall pay per the Fee Schedule in Table 413.5B. TABLE 413.5A FEE SCHEDULE FOR NET ADDITIONS OF GROSS SQUARE FEET Use Fee per Gross Square Foot Use Fee per Gross Square Foot Entertainment $18.62 Hotel $14.95

Institutional $0 Office (50,000 gsf and above) See subsection (c) below. Office (up to 49,999 gsf) See subsection (d) below. PDR $0 Laboratory See subsection (e) below. Residential $0 Retail $18.62 Small Enterprise Workspace $15.69

TABLE 413.5B FEE SCHEDULE FOR REPLACEMENT OF USE OR CHANGE OF USE

Previous Use New Use Fee per Gross Square Foot Entertainment, Hotel, Office, Laboratory, Retail, or Small Enterprise Workspace Entertainment, Hotel, Office, Retail, or Small Enterprise Workspace $0 PDR which received its First Certificate of Occupancy on or before April 1, 2010 Entertainment, Hotel, Office, Laboratory, Retail, or Small Enterprise Workspace Use Fee from Table 413.5A minus $14.09 Institutional which received its First Certificate of Occupancy on or before April 1, 2010 Entertainment, Hotel, Office, Laboratory, Retail, or Small Enterprise Workspace $0 Institutional or PDR which received its First Certificate of Occupancy on or before April 1, 2010 Institutional, PDR, Laboratory, Residential $0 Institutional or PDR which received its First Certificate of Occupancy after April 1, 2010 Any Use Fee from Table 413.5 Residential Entertainment, Hotel, Office, PDR, Laboratory, Retail, or Small Enterprise Workspace Use Fee from Table 413.5

(b) Any in-lieu fee required under this Section 413.5 is due and payable to the Development Fee Collection Unit at DBI consistent with the timing set forth in Section 107A.13.3 of the San Francisco Building Code. (c) Office Fees for Large Capital Projects. Notwithstanding any other provision of this Code, fees for the net addition of 50,000 gross square feet and above of Office Use shall be paid as follows: (1) For any project that (1) received an approval from the Planning Commission or Planning Department on or before September 10, 2019, stating that the project shall be subject to any new, changed, or increased Jobs Housing Linkage Fee adopted prior to that project’s procurement of a Certificate of Occupancy or Final Completion, and (2) has not procured a Certificate of Occupancy or Final Completion as of the effective date of the ordinance in Board File No. 190548, amending this Section 413.5, such project shall pay the difference between the amount of the fees assessed at the time of site permit issuance and any additional amounts due under the new, changed, or increased fee up to $52.20 before the City may issue a Certificate of Occupancy or Final Completion. (2) For any project that has submitted a complete Preliminary Project Assessment on or before September 10, 2019, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project, regardless of when it submitted its complete Development Application, shall pay $52.20 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4. (3) For any project that has submitted a complete Development Application between the dates of September 11, 2019, and January 1, 2021, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project shall pay $60.90 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4. (4) For any project that has submitted a complete Development Application after January 1, 2021, shall pay $69.60 per gross square foot.1 Any fees shall be assessed and paid consistent with this Article 4 . (d) Office Fees for Small Capital Projects. Notwithstanding any other provision of this Code, fees for the net addition up to 49,999 gross square feet of Office Use shall be paid as follows: (1) For any project that has submitted a complete Preliminary Project Assessment on or before September 10, 2019, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project, regardless of when it submitted its complete Development Application, shall pay $46.98 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4. (2) For any project that has submitted a complete Development Application between the dates of September 11, 2019, and January 1, 2021, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project shall pay $54.81 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4. (3) Any project that has submitted a complete Development Application after January 1, 2021, shall pay $62.64 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4. (e) Laboratory Fees. Notwithstanding any other provision of this Code, fees for the net addition of Laboratory Use shall be paid as follows: (1) For any project that has submitted a complete Preliminary Project Assessment on or before September 10, 2019, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project, regardless of when it submitted its complete Development Application, shall pay $31.43 per gross square foot. Any fees shall

be assessed and paid consistent with this Article 4. (2) For any project that has submitted a Development Application between the dates of September 11, 2019, and January 1, 2021, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project shall pay $34.90 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4. (3) For any project that has submitted a Development Application after January 1, 2021, shall pay $38.37 per gross square foot.1 Any fees shall be assessed and paid consistent with this Article 4 . (Added as Sec. 413.6 by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; 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; redesignated and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; Ord. 63-20, File No. 200077, App. 4/24/2024, Eff. 5/25/2020; Ord. 136- 21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 196-25, File No. 250657, App. 10/24/2025, Eff. 11/24/2025) (Former Sec. 413.5 added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010; repealed by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019) AMENDMENT HISTORY Undesignated paragraph preceding division (c) amended; Ord. 263-13, Eff. 12/27/2013. Division (c) amended; Ord. 55-11, Eff. 5/24/2015. Section redesignated; section header amended; undesignated paragraph deleted; divisions (a)- (a)(2) and Tables 413.5A and 413.5B amended; former division (c) redesignated as (b); new divisions (c)-(e)(3) added; Ord. 251-19, Eff. 12/16/2019. Division (b) amended; Ord. 63-20, Eff. 5/25/2020. Division (d)(3) amended; Ord. 136-21, Eff. 9/4/2021. Division (b) amended; Ord. 196-25, Eff. 11/24/2025. CODIFICATION NOTE 1. So in Ord. 251-19. Editor’s Note: Ord. 63-20 purported to amend Sec. 413.6(c), which had been amended and redesignated as Sec. 413.5(b) by Ord. 251-19. Accordingly, Ord. 63-20 has been listed in the history of Sec. 413.5. SEC. 413.6. COMPLIANCE BY LAND DEDICATION. (a) Controls. Projects may satisfy all or a portion of the requirements of Section 413.1 et seq. via dedication of land to the City for the purpose of constructing units Affordable to Qualifying Households. Projects may receive a credit against such requirements up to the value of the land donated, calculated pursuant to subsection (b) below. (b) Requirements. (1) The value of the dedicated land shall be determined by the Director of Property pursuant to Chapter 23 of the Administrative Code, but shall not exceed the actual cost of acquisition by the project sponsor of the dedicated land in an arm’s length transaction. Prior to issuance by DBI of the first site or building permit for a development project subject to Section 413.1 et seq. the sponsor shall submit to the Department, with a copy to MOHCD and the Director of Property, documentation sufficient to substantiate the actual cost of acquisition by the sponsor in an arm’s length transaction of any land to be dedicated by the sponsor to the City, and any additional information that would impact the value of the land. (2) Projects are subject to the requirements of Section 419.5(a)(2)(A) and (C)-(J). (Added as Sec. 413.7 by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; redesignated and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019; amended by Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021) (Former Sec. 413.6 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. 55-11, File No. 101523, App. 3/23/2011; 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; redesignated as Sec. 413.5 and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019) AMENDMENT HISTORY Section redesignated; section header and section amended; Ord. 251-19, Eff. 12/16/2019. Division (a) amended; Ord. 210-21, Eff. 12/20/2021. SEC. 413.7. COMPLIANCE BY COMBINATION OF PAYMENT OF IN-LIEU FEE AND LAND DEDICATION. With the written approval of the Director of MOHCD, the sponsor of a development project subject to Section 413.1 et seq. may elect to satisfy its housing requirement by a combination of contributing land to the City under Section 413.6 and paying a partial amount of the in-lieu fee to the Development Fee Collection Unit at DBI under Section 413.5. In the case of such election, the sponsor must pay a sum such that each gross square foot of net addition of each type of space subject to Section 413.1 et seq. is accounted for in either the contribution of land to the City under Section 413.6 or the payment of a fee to the Development Fee Collection Unit. All of the requirements of Section 413.1 et seq. shall apply, including the requirements with respect to the timing of issuance of site and building permits, first construction documents, and certificates of occupancy for the development project and payment of the in-lieu fee. (Added as Sec. 413.8 by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; redesignated and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019) (Former Sec. 413.7 added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; redesignated as Sec. 413.6 and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019) (Former Sec. 413.7 added by Ord. 108-10, File No. 091275, App. 5/25/2010; repealed by Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014) AMENDMENT HISTORY Section redesignated; section header and section amended; Ord. 251-19, Eff. 12/16/2019. SEC. 413.8. LIEN PROCEEDINGS. A project sponsor’s failure to comply with the requirements of Sections 413.5 and 413.6 shall be cause for the Development Fee Collection Unit at DBI to institute lien proceedings to make the in-lieu fee, as adjusted under Section 413.5, plus interest and any deferral surcharge, a lien against all parcels used for the development project, in accordance with Section 408 of this Article 4 and Section 107A.13.15 of the San Francisco Building Code. (Added as Sec. 413.9 by Ord. 108-10, File No. 091275, App. 5/25/2010; redesignated and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019) (Former Sec. 413.8 added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 55-11, File No. 101523, App. 3/23/2011; redesignated as Sec. 413.7 and amended by Ord. 251-19, File No. 190548, App. 11/15/2019, Eff. 12/16/2019) SEC. 413.9. CITYWIDE AFFORDABLE HOUSING FUND. (a) Use of Fees. All monies contributed pursuant to the Jobs Housing Linkage Fee Program in Section 413.1 et seq. shall be deposited in the Citywide Affordable Housing Fund (“Fund”), established in Administrative Code Section 10.100-49. The receipts in the Fund collected under Section 413.1 et seq. shall be used solely to increase the supply of housing Affordable to Qualifying Households subject to the conditions of this Section 413.9. The fees collected under this Section may not be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any entity. MOHCD shall develop procedures such that, for all projects funded by the Citywide Affordable Housing Fund, MOHCD requires the project sponsor or its successor in interest to give preference in occupying units as provided for in Administrative Code Chapter 47. (1) Preservation and Acquisition Funds. (A) Designation of Funds. MOHCD shall designate and separately account for 10% of all fees that it receives under Section 413.1 et seq. that are deposited into the Fund to support the acquisition and rehabilitation of rent restricted affordable rental housing. (B) Use of Preservation and Acquisition Funds. The funds shall be used exclusively to acquire and preserve existing housing with the goal of making such housing permanently affordable, including but not limited to acquisition of housing through the City’s Small Sites Program. Units supported by monies from the Fund shall be designated as housing affordable to qualified households for the life of the project. Properties supported by the Preservation and Acquisition Funds must be: (i) rental properties that will be maintained as rental properties; (ii) vacant properties that were formerly rental properties as long as those properties have been vacant for a minimum of two years prior to the effective date of the ordinance in Board File No. 190548, amending this Section 413.9; (iii) properties that have been the subject of foreclosure; or (iv) a Limited Equity Housing Cooperative as defined in Subdivision Code Sections 1399.1 et seq. or a property owned or leased by a non-profit entity modeled as a Community Land Trust. (C) Annual Report. At the end of each fiscal year, MOHCD shall issue a report to the Board of Supervisors regarding the total amount of Preservation and Acquisition Funds