435

SEC. 435. UNION SQUARE PARK, RECREATION, AND OPEN SPACE FEE. Sections 435.1 through 435.3 hereinafter referred to as Section 435.1 et seq. set forth the requirements and procedures for the Union Square Park, Recreation, and Open Space Fee. (Added by Ord. 23-19, File No. 180916, App. 2/15/2019, Eff. 3/18/2019; designation ratified by Ord. 72-19, File No. 190030, App. 4/19/2019, Eff. 5/20/2019) Editor’s Note: This section was originally designated Sec. 428 when enacted by Ord. 23-19. The section was redesignated by the editor, with approval of the City, to avoid conflicting with previously existing material. Ord. 72-19 reflects and ratifies that redesignation. SEC. 435.1 PURPOSE AND FINDINGS SUPPORTING UNION SQUARE PARK, RECREATION, AND OPEN SPACE FEE. (a) Purpose. The purpose of the Union Square Park, Recreation, and Open Space Fee is to provide funding to increase the supply of park, recreation, and open space facilities to serve the needs attributable to new office development in the C-3-R Downtown Retail Zoning District. The Board of Supervisors hereby finds that the Union Square area, most of which is zoned as the C-3-R Downtown Retail Zoning District, is a world-class retail destination that draws both tourists and Bay Area residents with its combination of walkable shopping and dining, excellent transit access, and top-tier hospitality. As new office development occurs, additional park, recreation, and open space facilities are needed to maintain the quality of urban experience that makes downtown San Francisco an attractive place to do business, live, and visit. (b) Findings. The Board of Supervisors has reviewed the San Francisco Citywide Nexus Analysis (“Nexus Analysis”), on file with the Clerk of the Board of Supervisors in File No. 230764. In accordance with the California Mitigation Fee Act, Government Code Section 66001(a), the Board of Supervisors adopts the findings and conclusions of that study, and incorporates those findings and conclusions by reference to support the imposition of the fees under this Section. (Added by Ord. 23-19, File No. 180916, App. 2/15/2019, Eff. 3/18/2019; designation ratified by Ord. 72-19, File No. 190030, App. 4/19/2019, Eff. 5/20/2019; amended by Ord. 193-23, File No. 230764, App. 9/15/2023, Eff. 10/16/2023) AMENDMENT HISTORY Division (b) amended; Ord. 193-23, Eff. 10/16/2023. Editor’s Note: This section was originally designated Sec. 428.1 when enacted by Ord. 23-19. The section was redesignated by the editor, with approval of the City, to avoid conflicting with previously existing material. Ord. 72-19 reflects and ratifies that redesignation. SEC. 435.2. DEFINITIONS. See Section 401 of this Article. (Added by Ord. 23-19, File No. 180916, App. 2/15/2019, Eff. 3/18/2019; designation ratified by Ord. 72-19, File No. 190030, App. 4/19/2019, Eff. 5/20/2019) Editor’s Note: This section was originally designated Sec. 428.2 when enacted by Ord. 23-19. The section was redesignated by the editor, with approval of the City, to avoid conflicting with previously existing material. Ord. 72-19 reflects and ratifies that redesignation. SEC. 435.3. APPLICATION OF UNION SQUARE PARK, RECREATION, AND OPEN SPACE FEE. New Ordinance Notice Publisher's Note: This section has been AMENDED by new legislation (Ord. 72-19 , approved 4/19/2019, effective 5/20/2019). The text of the amendment will be incorporated under the new section number when the amending legislation is effective. (a) Application. Section 435.1 et seq., shall apply to any office development project in the C-3-R Downtown Retail Zoning District. (b) Amount of fee. The applicable fee shall be $6 per square foot.