§ 402.

PROCEDURE FOR PAYMENT AND COLLECTION OF DEVELOPMENT FEES

a.

Collection by the Development Fee Collection Unit. Except as otherwise authorized in Section 411.9, all development impact and in-lieu fees authorized by this Code shall be collected by the Development Fee Collection Unit at DBI in accordance with Section 107A.13 of the San Francisco Building Code.

b.

Required Department Notice to Development Fee Collection Unit. Prior to Issuance of Building or Site Permit; Request to Record Notice of Fee.

1.

Required Notice. When the Planning Department determines that a development project is subject to one or more development fees or development impact requirements, but in any case no later than prior to issuance of the building or site permit for a development project, the Department shall send written or electronic notification to the Development Fee Collection Unit at DBI, and also to MOH, MTA or other applicable agency that administers an applicable development fee or development impact requirement, that:

i.

identifies the development project,

ii.

lists which specific development fees and/or development impact requirements are applicable and the legal authorization for their application,

iii.

specifies the dollar amount of the development fee or fees that the Department calculates is owed to the City or that the project sponsor has elected to satisfy a development impact requirement through the provision of physical or “in-kind” improvements, and

iv.

lists the name and contact information for the staff person at each agency or department responsible for calculating the development fee or monitoring compliance with the development impact requirement for physical or in-kind improvements.

2.

Amended Notices. The Department shall send an amended notice to the Development Fee Collection Unit, and also to any department or agency that received the initial notice, if at any time subsequent to its initial notice:

i.

any of the information required by subsection (1) above is changed or modified, or

ii.

the development project is modified by the Department or Commission during its review of the project and the modifications change the dollar amount of the development fee or the scope of any development impact requirement.

3.

Optional Recordation of Notice of Special Restrictions Prior to Issuance of Building or Site Permit. Prior to issuance of a building or site permit for a development project subject to a development fee or development impact requirement, the Department may request the Project Sponsor to record a notice with the County Recorder that a development project is subject to a development fee or development impact requirement. The County Recorder shall serve or mail a copy of such notice to the persons liable for payment of the fee or satisfaction of the requirement and the owners of the real property described in the notice. The notice shall include:

i.

a description of the real property subject to the development fee or development impact requirement,

ii.

a statement that the development project is subject to the imposition of the development fee or development impact requirement, and

iii.

a statement that the dollar amount of the fee or the specific development impact requirement to which the project is subject has been determined under Article 4 of this Code and citing the applicable section number.

c.

Process for Revisions of Determination of Development Impact Fee(s) or Development Impact Requirement(s). In the event that the Department or the Commission takes action affecting any development project subject to this Article and such action is subsequently modified, superseded, vacated, or reversed by the Board of Appeals, the Board of Supervisors, or by court action, the building permit or building permit application for such development project shall be remanded to the Department to determine whether the development project has been changed in a manner which affects the calculation of the amount of development fees or development impact requirements required under this Article and, if so, the Department shall revise the requirement imposed on the permit application in compliance with this Article within 30 days of such remand and notify the project sponsor in writing of such revision or that a revision is not required. The Department shall notify the Development Fee Collection Unit at DBI if the revision materially affects the development fee requirements originally imposed under this Article so that the Development Fee Collection Unit update the Project Development Fee Report and re-issue the associated building or site permit for the project, if necessary, to ensure that any revised development fees or development impact requirements are enforced.

AMENDMENT HISTORY

History

(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. 247-12 , File No. 120523, App. 12/18/2012, Eff. 1/17/2013)

Division (a) amended; Ord. 247-12 , Eff. 1/17/2013.

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