SEC. 428.4. IMPOSITION OF AFFORDABLE HOUSING REQUIREMENTS.
(a) Determination of Requirements. The Planning Department shall determine the applicability of Sections 428.1 et seq. to any development project requiring a first construction
document and, if Sections 428.1 et seq. applies, shall impose any such requirements as a condition of approval for issuance of the first construction document. The project sponsor shall
supply any information necessary to assist the Department in this determination.
(b) Department Notice to Development Fee Collection Unit of Fee Requirements. After the Department has made its final determination regarding the application of the affordable
housing requirements to a development project pursuant to Sections 428.1 et seq., it shall immediately notify the Development Fee Collection Unit at DBI of the applicable affordable
housing fee amount in addition to the other information required by Planning Code Section 402(b).
(c) Process for Revisions of Determination of Requirements. If the Department or the Commission takes action affecting any development project subject to Sections 428.1 et seq. and
such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or a court, the procedures of Planning Code Section 402(c) shall
be followed.
(Added by Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019)
SEC. 428.5. USE OF FUNDS.
The affordable housing fee specified in Sections 428.1 et seq. for the Divisadero Street NCT shall be paid into the Citywide Affordable Housing Fund, established in Administrative Code
Section 10.100-49, and the funds shall be separately accounted for. The Mayor’s Office of Housing and Community Development shall expend the funds to increase the supply of housing
Affordable to Qualifying Households in the City. The funds may also be used for monitoring and administrative expenses subject to the process described in Planning Code Section
415.5(f).
(Added by Ord. 295-18, File No. 151258, App. 12/7/2018, Eff. 1/7/2019; amended by Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021)
AMENDMENT HISTORY
Section amended; Ord. 210-21, Eff. 12/20/2021.
SEC. 428A. [REPEALED.]
(Ord. 270-10, File No. 100917, App. 11/5/2010 ; repealed by Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014)
[PUBLIC ART FEE]
SEC. 429. ARTWORKS, OPTIONS TO MEET PUBLIC ART FEE REQUIREMENT, RECOGNITION OF
ARCHITECT AND ARTISTS, AND REQUIREMENTS.
(The effective date of these requirements shall be either September 17, 1985, the date that they originally became effective, or the date a subsequent modification, if any, became
effective.)
(Formerly codified as Sec. 149 (see that section for prior legislative history); amended and redesignated by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; Ord. 188-15 ,
File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
Section amended in its entirety and divided into Secs. 429.1 through 429.7; Ord. 62-12 , Eff. 5/19/2012. Section header amended; Ord. 188-15 , Eff. 12/4/2015.
SEC. 429.1. DEFINITIONS.
In addition to the definitions set forth in Section 401 of this Article, the following definitions shall govern interpretation of Section 429.1 et seq.:
“100% Affordable Housing Project” means a project that meets the applicability requirements for affordable housing projects set forth in Section 315(b) of this Code.
"Conservation" shall mean the profession devoted to the preservation of cultural property for the future.
"Construction Cost" shall be determined by the Department of Building Inspection in accordance with established industry standards or in the manner used to determine the valuation of
work as set forth in Section 107A.2 of the Building Code.
"Maintenance" shall mean a minimally invasive, routine and regularly scheduled activity that may involve the removal of superficial dirt or debris build-up on the surface of the artwork
or the cleaning and repair of non-art support material such as a pedestal or plaque.
"Preservation" shall mean the protection of cultural property through activities that minimize chemical and physical deterioration and damage, and that prevent loss of informational
content. The primary goal of preservation is to prolong the existence of cultural property, and should be undertaken or overseen by a professional conservator.
"Restoration" shall mean a treatment procedure intended to return cultural property to a known or assumed state, often through the addition of non-original material.
(Added by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 3-24, File No. 230706, App. 1/19/2024, Eff. 2/19/2024)
AMENDMENT HISTORY
Reference updated; Ord. 63-20, Eff. 5/25/2020. Definition of 100% Affordable Housing Project added; Ord. 3-24, Eff. 2/19/2024.
SEC. 429.2. APPLICATION.
This section (Section 429.1 et seq.) shall apply to:
(a) all projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet to an existing building in a C-3 District, except for 100% Affordable
Housing Projects;;1 and
(b) all non-residential projects that involve construction of a new building or addition of floor area in excess of 25,000 square feet and that have submitted their first complete
Development Application on or after January 1, 2013 on the following parcels:
(1) all parcels in RH-DTR, TB-DTR, SB-DTR, UMU, WMUG, WMUO and SALI Districts;
(2) properties that are zoned MUG, CMUO, or MUO or MUR and that are north of Division/Duboce/13th Streets; and
(3) all parcels zoned C-2 except for those on Blocks 4991 (Executive Park) and 7295 (Stonestown Galleria Mall).
For the purposes of this Section 429.2, a “Development Application” shall mean any application for a building permit, site permit, environmental review, Preliminary Project
Assessment (PPA), Conditional Use, or Variance.
(Added by Ord. 62-12 , File No. 110853, App. 4/19/2012, Eff. 5/19/2012; amended by Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184,
App. 12/12/2018, Eff. 1/12/2019; Ord. 250-24, File No. 231268, App. 11/7/2024, Eff. 12/8/2024)
AMENDMENT HISTORY
Division (b)(1) amended; Ord. 42-13 , Eff. 4/27/2013. Division (b)(2) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (b)(1) and (b)(2) amended; Ord. 296-18, Eff. 1/12/2019. Undesignated introductory and concluding paragraphs and division
(a) amended; Ord. 250-24, Eff. 12/8/2024.
CODIFICATION NOTE
1. So in Ord. 250-24.
SEC. 429.3. IMPOSITION OF PUBLIC ART FEE REQUIREMENT.
(a) Determination of Requirements. The Department shall determine the applicability of Section 429.1 et seq. to any development project requiring a first construction document and,
if Section 429.1 et seq. is applicable, the number of gross square feet 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 art in the downtown districts. The project sponsor shall supply any information necessary to
assist the Department in this determination.
(b) Amount of Fee. Upon design approval of the development project from the Planning Department, and except as otherwise provided herein, the project sponsor shall dedicate and
expend an amount equal to one percent of the construction cost of the building or addition as determined by the Director of DBI (the "Public Art Fee") for the purposes described herein and