419.6

SEC. 419.6. LAND DEDICATION ALTERNATIVE IN THE MISSION NCT DISTRICT AND CENTRAL SOMA SPECIAL USE DISTRICT. (a) Mission NCT District. The Land Dedication Alternative is available for any project within the Mission NCT District under the same terms and conditions as provided for in Section 419.5(a)(2)(A)-(J). (b) Central SoMa Special Use District. The Land Dedication Alternative is available for projects within the Central SoMa Special Use District under the same terms and conditions as provided for in Section 419.5 (a)(2), except that in lieu of the Land Dedication Alternative requirements of Table 419.5, projects may satisfy the requirements of Section 415.5 by dedicating land for affordable housing if the dedicated site will result in a total amount of dedicated Gross Floor Area that is equal to or greater than 45% of the potential Gross Floor Area that could be provided on the principal site, as determined by the Planning Department. Land dedicated for affordable housing that results in less than 45% of such potential Gross Floor Area may be counted in partial satisfaction of the requirements of Section 415.5, so long as the land dedicated is at least 10,000 square feet or has a minimum capacity of 75 units of affordable housing; provided that the project satisfies any remaining obligations under Section 415.5 through the alternatives described in Section 415.5(g)(1). Any dedicated land shall be within the area bounded by Market Street, the Embarcadero, King Street, Division Street, and South Van Ness Avenue. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025) AMENDMENT HISTORY Section amended; Ord. 188-15 , Eff. 12/4/2015. Section header amended; section designated as division (a); division (b) added; Ord. 296-18, Eff. 1/12/2019. Divisions (a) and (b) amended; Ord. 210-21, Eff. 12/20/2021. Division (b) amended;

Ord. 37-25, Eff. 5/4/2025. [VISITACION VALLEY COMMUNITY FACILITIES AND INFRASTRUCTURE FEE AND FUND] SEC. 420. VISITACION VALLEY COMMUNITY FACILITIES AND INFRASTRUCTURE FEE AND FUND. Sections 420.1 through 420.6, hereafter referred to as Section 420.1 et seq., set forth the requirements and procedures for the Visitation Valley Community Facilities and Infrastructure Fee and Fund. The effective date of these requirements shall be either November 18, 2005, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 55-11, File No. 101523, App. 3/23/2011) SEC. 420.1. PURPOSE AND FINDINGS SUPPORTING VISITACION VALLEY COMMUNITY IMPROVEMENTS FEE AND FUND. (a) Purpose. The Visitacion Valley Fee Area (Fee Area) is located along the southeastern border of San Francisco and includes the area bounded by McLaren Park to the west, the San Mateo County line to the south, Mansell Street to the north, and Highway 101 and Bayview Park to the east. The Board takes legislative notice of the purpose of the following planning areas: Executive Park Subarea Plan of the Bayview Hunters Point Area Plan, and the Visitacion Valley Redevelopment Area, including the Schlage Lock site. The Board also takes notice of the HOPE SF program, specifically the HOPE SF development at Sunnydale. Jointly these plans and program aim to strengthen neighborhood character, the neighborhood commercial district, and transit by increasing the housing and retail capacity in the area. This project goal will also help to meet ABAG's projected demand to provide housing in the Bay Area by encouraging the construction of higher density housing. The Plan builds on existing neighborhood character and establishes new standards for amenities necessary for a transit-oriented neighborhood. In addition, the Board notes the findings made in the above-referenced Plans that support the establishment of the Visitacion Valley Community Improvements Fee and Fund, specifically that new development in Visitacion Valley creates the need for improvements in pedestrian and streetscape amenities, bicycle infrastructure, recreation and open space facilities, and childcare. (b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), and the San Francisco Infrastructure Level of Service Analysis, both on file with the Clerk of the Board in File No. 230764 and, under Section 401A, adopts the findings and conclusions of those studies and the general and specific findings in that Section, specifically including the Recreation and Open Space Findings, Complete Streets Findings, and Childcare Findings, and incorporates those by reference herein to support the imposition of the fees under this Section. The Board takes legislative notice of the findings supporting these fees in former Planning Code Section 420.1 (formerly Section 318.10 et seq.) and the materials associated with Ordinance No. 3-11 in Board File No. 101247. To the extent that the Board previously adopted fees in this Area Plan that are not covered in the analysis of the four infrastructure areas analyzed in the Nexus Analysis, including but not limited to tees related to transit, the Board continues to rely on its prior analysis and the findings it made in support of those fees. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 3-11, File No. 101247, App. 1/7/2011; Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY Section header and divisions (a) and (b) amended; former divisions (c)-(e) deleted; Ord. 50-15 , Eff. 5/24/2015. Division (b) amended; Ord. 193-23, Eff. 10/16/2023. SEC. 420.2. DEFINITIONS. See Section 401 of this Article. (Added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 3-11, File No. 101247, App. 1/7/2011) SEC. 420.3. APPLICATION OF VISITACION VALLEY COMMUNITY IMPROVEMENTS FACILITIES AND INFRASTRUCTURE FEE. (a) Projects subject to the Visitacion Valley Community Facilities and Infrastructure Fee. The Visitacion Valley Community Facilities Fee and Infrastructure Fee is applicable to any development project in the Visitacion Valley Fee Area which: (1) has 20 or more residential units, and (A) creates at least one new residential unit, or (B) creates additional space in an existing residential unit of more than 800 gross square feet. (2) have both not filed an application or a building permit, site permit, conditional use, planned unit development, environmental evaluation, Zoning Map amendment or General Plan amendment prior to September 1, 2003, and have filed an application for a building permit, site permit, conditional use, planned unit development, environmental evaluation, Zoning Map amendment or General Plan amendment on or after September 1, 2003. (b) Amount of Fee. The Visitacion Valley Community Facilities and Infrastructure Fee ("Fee") shall be $4.58 for each net addition of occupiable square feet of residential use within a development project subject to this Section. Any replacement of gross square feet or change of use shall pay per the Fee Schedule in Table 420.3A below.

Residential to Residential or Non- residential; Non-residential to Non- residential; or PDR to Non-Residential Non-Residential to Residential PDR to Residential $0 $3.60/gsf $2.32/gsf

(c) Option for In-Kind Provision of Community Infrastructure 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 Visitacion Valley Community Facilities and Infrastructure 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 and where they substitute for improvements that could be provided by the Visitacion Valley Community Facilities and Infrastructure Fund. The City may reject in-kind improvements if they are not consistent with the priorities identified in the Visitacion Valley Community Facilities and Infrastructure Fee Program, by the Interagency Plan Implementation Committee (see Section 36 of the Administrative Code), or other prioritization processes related to Visitacion Valley 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