420.4

SEC. 420.4. IMPOSITION OF REQUIREMENTS. (a) Determination of Requirements. The Department shall determine the applicability of Section 420.1 et seq. to any development project requiring a first construction document and, if Section 420.1 et seq. is applicable, the net addition of gross square feet of residential use subject to its requirements, and shall impose the fee requirements as a condition of approval for issuance of the first construction document for 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. Prior to issuance of the building or site permit for a development project subject to Section 420 et seq., the Department shall notify the Development Fee Collection Unit at DBI of its final determination of any fee requirements, including any fee credits for in-kind improvements, in addition to the other information required by Section 402(b) of this Article. (c) Development Fee Collection Unit Notice to Department. The Development Fee Collection Unit at DBI shall provide notice in writing or electronically to the Department prior to issuing the first certificate of occupancy for any development project subject to Section 420.1 et seq. that has elected to satisfy its fee requirement with credits-in-kind improvements. If the Department notifies the Unit at such time that the sponsor has not satisfied the in-kind improvements requirements of Section 420.3, the Director of DBI shall deny any and all certificates of occupancy until the subject project is brought into compliance. (d) Process for Revisions of Determination of Requirements. In the event that the Department or the Commission takes action affecting any development project subject to Section 420.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section 402(c) of this Article shall be followed. (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. 420.5. LIEN PROCEEDINGS. If, for any reason, the fee imposed under Section 420.3 remains unpaid following issuance of the certificate of occupancy, the Development Fee Collection Unit at DBI shall institute lien proceedings to make the entire unpaid balance of the fee, plus interest and any deferral surcharge, a lien against all parcels used for the development project in accordance with Section 408 of this Article and Section 107A.13.215 of the San Francisco Building Code. (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. 420.6. VISITACION VALLEY COMMUNITY IMPROVEMENTS FUND. (a) There is hereby established a separate fund set aside for a special purpose entitled the Visitation Valley Community Facilities and Infrastructure Fund ("Fund"). All monies collected by DBI pursuant to Section 420.3(b) shall be deposited in the Fund which shall be maintained by the Controller. The receipts in the Fund shall be appropriated in accordance with law through the normal budgetary process to fund public infrastructure and other allowable improvements subject to the conditions of this Section. (b) All monies deposited in the Fund shall be used solely to design, engineer, acquire, develop, and improve neighborhood recreation and open spaces, pedestrian and streetscape improvements, childcare facilities, bicycle infrastructure and other improvements that result in new publicly accessible facilities and related resources within the Visitacion Valley or within 250 feet of the Visitacion Valley Fee Area. The Fund shall be allocated in accordance with Table 420.6A.

Table 420.6A Breakdown of Use of Visitacion Valley Community Improvements Fund by Infrastructure Type Improvement Type Dollars Received From Residential Development Dollars Received From Non- Residential Development Complete Streets: Pedestrian and Streetscape Improvements, Bicycle Infrastructure 45% 45% Recreation and Open Space 30% 30% Childcare 20% 20% Program Administration 5% 5%

(c) Program Administration. No portion of the Fund may be used, by way of loan or otherwise, to pay any administrative, general overhead, or similar expense of any public entity, except for the administration of this fund in an amount not to exceed 5% of the total annual revenue. Administration of this fund includes maintenance of the Fund, time and materials associated with processing and approving fee payments and expenditures from the Fund (includ