435.3

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.

(c) Other Fee Provisions. The Union Square Park, Recreation, and Open Space Fee shall be subject to the provisions of this Article, including, but not limited to Sections 401 through 410. (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) AMENDMENT HISTORY Division (b) amended by Ord. 72-19, Eff. 5/20/2019. Editor’s Note: This section was originally designated Sec. 428.3 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. 436. WELL-RESOURCED NEIGHBORHOODS INCLUSIONARY HOUSING ORDINANCE WAIVER AND ADDITIONAL INCLUSIONARY HOUSING OPTIONS. This Section 436 provides for a waiver of the requirements in the Inclusionary Housing Ordinance, Section 415 et seq., for specified Housing Projects in certain districts in Well- Resourced Neighborhoods. This Section 436 also allows Housing Projects in those districts to comply with the Inclusionary Housing Ordinance through a land dedication. As used in this Section 436, Well-Resourced Neighborhoods means those areas outside the Priority Equities Geographies Special Use District (SUD), Section 249.97. (a) Eligibility. This Section 436 shall apply to Housing Projects in Residential – House (RH), Residential Mixed (RM), Neighborhood Commercial or Named Neighborhood Commercial Districts with a height limit of 65 feet or less located in Well-Resourced Neighborhoods. (b) Additional Inclusionary Housing Options. (1) Rent Control. If an eligible Housing Project is a Rental Project and agrees to subject all units in the project to the San Francisco Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code for the Life of the Project, the project shall not be subject to the Inclusionary Housing Ordinance, Planning Code Section 415 et seq., pursuant to this Section 436. (A) Regulatory Agreement. Project Sponsors of Housing Projects that agree to subject all units in the Housing Project to the San Francisco Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) pursuant to this subsection (a)1 shall enter into a regulatory agreement with the City, as a condition of approval of the project (“Regulatory Agreement”). At a minimum, the Regulatory Agreement shall contain the following: (A) a statement that none of the units in the project are subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq.) because, consistent with California Civil Code Section 1954.52(b), the property owner has entered into and agreed to the terms of an agreement with the City in consideration for a direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq.; (B) a statement that the units will be rented for the Life of the Project because, consistent with Government Code Section 7060.1(a), the property owner has entered into and agreed to the terms of an agreement with the City, in consideration for a direct financial contribution specified in Section 7060.1(a); (C) a statement that all units subject to the Regulatory Agreement shall be held as an undivided ownership and will not be subdivided; (D) a calculation of the direct financial contribution or form of assistance provided to the property owner in the form of the fee waiver; and (E) a description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement. The property owner and the Planning Director or the Director’s designee, on behalf of the City, may execute the Regulatory Agreement, which shall be reviewed and approved as to form by the City Attorney’s Office. The Regulatory Agreement shall be executed prior to the City’s issuance of the First Construction Document for the project, as defined in Section 107A.13.1 of the San Francisco Building Code. Following execution of the Regulatory Agreement by all parties, the Regulatory Agreement or a memorandum thereof shall be recorded to the title records in the Office of the Assessor-Recorder against the property and shall be binding on all future owners and successors in interest. (B) Procedures Manual. If a Housing Project subject to this Section 436 includes Rental Units subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower income in compliance with any state law, those units shall comply with the timing, type, and marketing requirements of Section 415.6(e), (f), and (g), and the Procedures Manual, as amended from time to time. (2) Land Dedication Alternative. In lieu of Section 415 et seq., the Project Sponsor of any Housing Project outside the Priority Equity Geographies SUD, may comply with the Land Dedication Alternative requirements 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 land could accommodate a total amount of units that is equal to or greater than 35% of the units that are being provided on the principal development site, as determined by the Planning Department. Any land dedicated pursuant to this Section 436 shall be provided outside the Priority Equity Geographies SUD. (Added by Ord. 260-25, File No. 250815, App. 12/23/2025, Eff. 1/23/2026) CODIFICATION NOTE 1. So in Ord. 260-25. ARTICLE 5: [RESERVED]

ARTICLE 6: SIGNS Sec. 601. Purposes of Sign Controls. Sec. 602. Sign Definitions. Sec. 603. Exempted Signs. Sec. 604. Permits and Conformity Required. Sec. 604.1. Information Required on Advertising Signs. Sec. 604.2. General Advertising Sign Inventories. Sec. 605. Public Use Districts. Sec. 606. Residential and Residential Enclave Districts. Sec. 607. Commercial and Industrial Districts. Sec. 607.1. Neighborhood Commercial and Residential-Commercial Districts, and Residential Transit Oriented-Commercial Districts. Sec. 607.2. Mixed Use Districts. Sec. 608. Special Sign Districts and Signs in Special Use Districts. Sec. 608.1. Near R Districts. Sec. 608.2. Near Schools, Parks, and Recreation Facilities.