413.6

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 Buildin