SEC. 432.3. IMPOSITION OF CENTRAL SOMA COMMUNITY SERVICES FACILITIES FEE.
(a) Determination of Requirements. The Department shall determine the applicability of Section 432 et seq. to any development project requiring a first construction document and, if
Section 432 et seq. is applicable, the Department shall determine the amount of the Central SoMa Community Services Facilities Fees required and shall impose these 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 the issuance of a building or site permit for a development project subject to the requirements of Section
432 et seq., the Department shall notify the Development Fee Collection Unit at DBI of its final determination of the amount of the Central SoMa Community Services Facilities Fees
required, including any reductions calculated for an In-Kind Improvements Agreement, in addition to the other information required by Section 402(b) of this Article.
(c) Development Fee Collection Unit Notice to Department Prior to Issuance of the First Certificate of Occupancy. 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 432 et seq. that has elected to fulfill all
or part of its Central SoMa Community Services Facilities Fee requirement with an In-Kind Improvements Agreement. If the Department notifies the Unit at such time that the sponsor has
not satisfied any of the terms of the In-Kind Improvements Agreement, the Director of DBI shall deny any and all certificates of occupancy until the project complies with the requirements
of Section 432 et seq., either through conformance with the In-Kind Improvements Agreement or payment of the remainder of the Central SoMa Community Services Facilities Fee that
would otherwise have been required, plus a deferral surcharge as set forth in Section 107A.13.3.1 of the San Francisco Building Code.
(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
432 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 and such action is subsequently modified, superseded, vacated, or reversed by the Department or the Commission, Board of Appeals, the Board of Supervisors, or by court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. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
SEC. 432.4. THE CENTRAL SOMA COMMUNITY SERVICES FACILITIES FUND.
(a) There is hereby established a separate fund set aside for a special purpose entitled the Central SoMa Community Services Facilities Fund (“Fund”). All monies collected by the
Development Fee Collection Unit at DBI pursuant to Section 432.3(b) shall be deposited in a special fund maintained by the Controller. The receipts in the Fund are to be used solely to
fund public infrastructure subject to the conditions of this Section.
(b) Expenditures from the Fund shall be administered by the Mayor’s Office of Housing and Community Development, or its successor. The Mayor’s Office of Housing and Community
Development or its successor shall have the authority to prescribe rules and regulations governing the Fund.
(1) All monies deposited in the Fund shall be used to design, engineer, and develop community services facilities, including cultural/arts facilities, social welfare facilities, and
community health facilities within the area bounded by Market Street, the Embarcadero, King Street, Division Street and South Van Ness Avenue as established in the Central SoMa Plan
Implementation Program Document and supported by the findings of the Central SoMa Community Facilities Nexus Study.
(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 Community Services Facilities 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 Community Services Facilities Fund.
(3) The Mayor’s Office of Housing and Community Development shall report annually to the Board of Supervisors on the current status of the fund, the amounts approved for
disbursement, and the number and types of housing units or households assisted.
(4) All funds are justified and supported by the Central SoMa Community Facilities Nexus Study, adopted as part of the Central SoMa Plan (Ordinance No. 296-18, on file with the
Clerk of the Board of Supervisors in File No. 180184). Implementation of the Fee and Fund are monitored according to the Eastern Neighborhoods Plan Monitoring Program required by
the Administrative Code Section 10E.
(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.
[CENTRAL SOMA INFRASTRUCTURE IMPACT FEE AND FUND]
SEC. 433. CENTRAL SOMA INFRASTRUCTURE IMPACT FEE AND FUND.
Sections 433.1 through 433.4 set forth the requirements and procedures for the Central SoMa Infrastructure Impact Fee and Fund.
(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
SEC. 433.1. PURPOSE AND FINDINGS.
(a) Purpose. New development in the Central SoMa Plan Area will increase the resident and employee populations, generating new demand for use of community-serving infrastructure
such as transit, complete streets, and recreation and open space. New revenues to fund investments in this infrastructure are necessary to maintain the existing level of service. This fee will
generate revenue that will be used to ensure an expansion in community-serving infrastructure in Central SoMa as new development occurs.
(b) Findings. The Board of Supervisors 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, pursuant to 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 Transit Infrastructure Findings, and incorporates those by reference herein to
support the imposition of the fees under this Section.
(Added by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; 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.
SEC. 433.2. APPLICATION OF FEES.
(a) Applicable Projects. The Central SoMa Infrastructure Impact Fee is applicable to any development project in the Central SoMa Special Use District that:
(1) Is in any Central SoMa Tier, pursuant to Section 423; and
(2) Includes new construction or an addition of space in excess of 800 gross square feet.
(b) Fee Calculation. For applicable projects, the Fee is as follows:
(1) For Residential uses in Central SoMa Fee Tier B:
(A) For Owned Units, as defined in Section 415.2, $20.00 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change
of use of gross square feet from PDR uses.
(B) For Rental Units, defined as units that are not Owned Units as defined in Section 415.2, $10.00 per gross square foot of net additional gross square feet, net replacement of gross
square feet from PDR uses, or net change of use of gross square feet from PDR uses.
(2) For Non-residential uses in Central SoMa Fee Tier A that are seeking an Office Allocation of 50,000 gross square feet or more pursuant to the requirements of Planning Code
Section 321, $21.50 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses.
(3) For Non-residential uses in Central SoMa Fee Tier A that are not seeking an Office Allocation of 50,000 gross square feet or more pursuant to the requirements of Planning Code
Section 321:
(A) $41.50 per gross square foot of net additional gross square feet, net replacement of gross square feet from PDR uses, or net change of use of gross square feet from PDR uses;
(B) $21.50 per gross square foot of net replacement of gross square feet from Residential uses or net change of use of gross square feet from Residential uses.