413.7

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No. 190548, App. 11/15/2019, Eff. 12/16/2019) (Former Sec. 413.7 added by Ord. 108-10, File No. 091275, App. 5/25/2010; repealed by Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014) AMENDMENT HISTORY Section redesignated; section header and section amended; Ord. 251-19, Eff.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