SEC. 412.4. IMPOSITION OF DOWNTOWN PARK FEE REQUIREMENT.
(a) Determination of Requirements. The Department shall determine the applicability of Section 412.1 et seq. to any development project requiring a first construction document and,
if Section 412.1 et seq. is applicable, the number of gross square feet of office use subject to its requirements, and shall impose this requirement as a condition of approval for issuance of
the first construction document for the development project to address the need for additional public park and recreation facilities in the downtown districts. The project sponsor shall
supply any information necessary to assist the Department in this determination.
(b) Amount of Fee. The amount of the fee shall be $2 per square foot of the Net Addition of Gross Floor Area of Office Use to be constructed as set forth in the final approved building
or site permit.
(c) Department Notice to Development Fee Collection Unit at DBI. After the Department has made its final determination of the net addition of gross floor area of office use subject
to Section 412.1 et seq. and the dollar amount of the Downtown Park Fee required, the Department shall immediately notify the Development Fee Collection Unit at DBI of its
determination, in addition to the other information required by Section 402(b) of this Article.
(d) Process for Revisions of Determination of Requirement. In the event that the Department or the Commission takes action affecting any development project subject to Section
412.1 et seq. and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the procedures of Section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; amended by Ord. 55-11, File No. 101523, App. 3/23/2011; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 193-23, File No. 230764, App. 9/15/2023, Eff.
10/16/2023)
AMENDMENT HISTORY
Division (b) amended; Ord. 188-15 , Eff. 12/4/2015. Division (b) amended; Ord. 193-23, Eff. 10/16/2023.
SEC. 412.5. DOWNTOWN PARK FUND.
There is hereby established a separate fund set aside for a special purpose entitled the Downtown Park Fund ("Fund"). All monies collected by DBI pursuant to this Section 412.1 et seq.
shall be deposited in the Fund. All monies deposited in the Fund shall be used solely to acquire and develop public recreation and park facilities for use by the daytime population of the C-3
Use Districts, except that $100,000 of the monies from the fund shall be used to fund a nexus study, under the direction of the General Manager of the Recreation and Park Department, to
examine whether the Downtown Park Fee should be imposed on uses other than office and on geographic areas of the City other than C-3 use districts. No Downtown Park Fee monies
shall be expended on improvements for Ferry Park (generally Assessor's Block 202, Lots 6, 14 and 15, and Assessor's Block 203, Lot 14) until such time as this nexus study is completed
unless use of such Downtown Park Fee monies is approved by a financial committee of the Board of Supervisors.
The Fund shall be administered jointly by the Recreation and Park Commission and the Planning Commission. The two Commissions shall conduct business related to their duties under
this Section at joint public hearings, which hearings may be initiated by either the Recreation and Park Commission or the Planning Commission. A joint public hearing shall be held by the
Commissions to elicit public comment on proposals for the acquisition of property using monies in the Fund. Notice of any joint public hearings shall be published in an official newspaper
at least 20 days prior to the date of the hearing, which notice shall set forth the time, place, and purpose of the hearing. The hearing may be continued to a later date by a majority vote of
the members of both Commissions present at the hearing. At a joint public hearing, a quorum of the membership of both Commissions may vote to allocate the monies in the Fund for
acquisition of property for park use and/or for development of property for park use. The Recreation and Park Commission shall alone administer the development of the recreational and
park facilities on any acquired property designated for park use by the Board of Supervisors, using such monies as have been allocated for that purpose at a joint hearing of both
Commissions.
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 412.6. COLLECTION OF FEE.
The Downtown Park Fee shall be paid to DBI for deposit into the Downtown Park Fund at the time required by Section 402(d).
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 50-15 , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)
AMENDMENT HISTORY
Section amended; Ord. 50-15 , Eff. 5/24/2015. Section amended; Ord. 63-20, Eff. 5/25/2020.
[JOBS-HOUSING LINKAGE PROGRAM]
SEC. 413. JOBS-HOUSING LINKAGE PROGRAM; HOUSING REQUIREMENTS FOR LARGE-SCALE
DEVELOPMENT PROJECTS.
Sections 413.1 through 413.11, hereafter referred to as Section 413.1 et seq., set forth the requirements and procedures for the Jobs-Housing Linkage Program. The effective date of these
requirements shall be either March 28, 1996, which is the date that the requirements originally became effective, or the date a subsequent modification, if any, became effective.
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)
SEC. 413.1. FINDINGS.
The Board hereby finds and declares as follows:
(a) Large-scale entertainment, hotel, office, laboratory, and retail developments in the City have attracted and continue to attract additional employees to the City, and there is a causal
connection between such developments and the need for additional housing in the City, particularly housing affordable to households of lower and moderate income. Such commercial uses
in the City benefit from the availability of housing close by for their employees. However, the supply of housing units in the City has not kept pace with the demand for housing created by
these new employees. Due to this shortage of housing, employers will have difficulty in securing a labor force, and employees, unable to find decent and affordable housing, will be forced
to commute long distances, having a negative impact on quality of life, limited energy resources, air quality, social equity, and already overcrowded highways and public transport.
(b) There is a low vacancy rate for housing affordable to persons of lower and moderate income. This low vacancy rate is due in part to large-scale commercial developments, which
have attracted and will continue to attract additional employees and residents to the City. Consequently, some of the employees attracted to these developments are competing with present
residents for scarce, vacant affordable housing units in the City. Competition for housing generates the greatest pressure on the supply of housing affordable to households of lower and
moderate income. In San Francisco, office or retail uses of land generally yield higher income to the owner than housing. Because of these market forces, the supply of these affordable
housing units will not be expanded. Furthermore, Federal and State housing finance and subsidy programs are not sufficient by themselves to satisfy the lower and moderate income housing
requirements of the City.
(c) The City has consistently set housing production goals to address the regional and citywide forecasts for population, households, and employment. Although San Francisco has seen
increased housing production each successive decade since the 1970s, the City has not been able to close the gap between its housing production goals and actual production.
(d) There is a continuing shortage of low- and moderate-income housing in San Francisco. It is desirable to impose the cost of the increased burden of providing housing necessitated by
large-scale commercial development projects directly upon the sponsors of the development projects by requiring that the project sponsors contribute land or pay a fee to the City to
subsidize housing development as a condition of the privilege of development and to assist the community in solving those of its housing problems generated by the development.
(e) The Bay Area has seen dramatic increases in land acquisition costs for housing, the cost of new housing development and the affordability gap for low to moderate income workers
seeking housing. Commute patterns for the region have also changed, with more workers who work outside of San Francisco seeking to live in the City, thus increasing demand for housing
and decreasing housing availability.
(f) As the regional job center, San Francisco has historically had the highest ratio of jobs-to-housing units in the Bay Area.
(g) The required housing exaction shall be based upon formulas derived in a periodic jobs housing nexus analysis. Consistent with the requirements of the California Mitigation Fee Act,
the jobs housing nexus analysis shall demonstrate the validity of the nexus between new, large scale entertainment, hotel, office, laboratory, and retail development and the increased
