433.4

SEC. 433.4. THE CENTRAL SOME INFRASTRUCTURE IMPACT FUND. (a) There is hereby established a separate fund set aside for a special purpose entitled the Central SoMa Infrastructure Impact Fund (“Fund”). All monies collected by the Development Fee Collection Unit at DBI pursuant to Section 433.3(b) shall be deposited in a special fund maintained by the Controller. The receipts in the Fund to be used solely to fund Public Benefits subject to the conditions of this Section. (b) Expenditures from the Fund shall be recommended by the Interagency Plan Implementation Committee for allocation and administration by the Board of Supervisors. (1) All monies deposited in the Fund shall be used to design, engineer, and develop community public transit and recreation and open space improvements as established in the Central SoMa Plan and the Central SoMa Plan Implementation Program Document. (2) Funds may be used for administration and accounting of fund assets, for additional studies as detailed in the Central SoMa Plan Implementation Program Document, and to defend the Central SoMa Infrastructure Impact Fee against legal challenge, including the legal costs and attorney’s fees incurred in the defense. Administration of this fund includes time and materials associated with reporting requirements, facilitating any necessary or required public meetings aside from Planning Commission hearings, and maintenance of the fund. Monies from the Fund may be used by the Planning Commission to commission economic analyses for the purpose of revising the fee, and/or to complete an updated nexus study to demonstrate the relationship between development and the need for public facilities and services if this is deemed necessary. Monies used for the purposes consistent with this subsection (2) shall not exceed five percent of the total fees collected. All interest earned on this account shall be credited to the Central SoMa Infrastructure Impact Fund. (3) All funds are justified and supported by the San Francisco Citywide Nexus Analysis prepared by AECOM dated March 2014 (“Nexus Analysis”), and the Transportation Sustainability Fee Nexus Study (TSF Nexus Study), dated May, 2015, on file with the Clerk of the Board in Files Nos. 150149 and 150790. Implementation of the Fee and Fund are monitored according to the Eastern Neighborhoods Plan Monitoring Program required by Section 10E of the Administrative Code. (Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; amended by Ord. 47-21, File No. 201175, App. 4/16/2021, Eff. 5/17/2021) AMENDMENT HISTORY Division (b)(1) amended; Ord. 47-21, Eff. 5/17/2021. [—] SEC. 434. CENTRAL SOMA COMMUNITY FACILITIES DISTRICT PROGRAM. (a) Purpose. New construction that increases the density of the South of Market neighborhood will require the City to invest in substantial new infrastructure and services. By increasing height limits, removing restrictive zoning, relieving density and floor area ratio limitations, and making other regulatory changes, the Central SoMa Plan substantially increases the development potential of properties in the area. This new development potential will create a significant demand for infrastructure, improvements, and services as described in the Central SoMa Implementation Program Document, including but not limited to transit investments, street and environmental improvements, and development and maintenance of parks and recreation centers. The Central SoMa Community Facilities District (“CFD” or “Special Tax District”) shall be a special tax district formed pursuant to Administrative Code Chapter 43, Article X to address these needs created by projects that choose to exceed the Prevailing Height and Density Limits. (b) Applicability. This Section 434 shall apply to a development on any lot in the Central SoMa Special Use District where all of the following apply: (1) The project includes new construction or the net addition of more than 25,000 gross square feet, as determined by the Planning Director or their designee pursuant to the Rate and Method of Apportionment for the Central SoMa Community Facilities District; (2) The proposed project exceeds the applicable Prevailing Building Height and Density controls established in Section 249.78(d)(1)(B); and,