(The effective date of these provisions shall be either April 6, 1990, the date that it originally became effective, or the date a subsequent modification, if any, became effective.)
If it is the judgment of the Zoning Administrator that an open space satisfying the requirements and standards of subsections (b) and (c) of Section 135.3 of this Code cannot be created because of constraints of the development site, or because the project cannot provide safe, convenient access to the public, or because the square footage of open space is not sufficient to provide a usable open space, the Zoning Administrator may (i) authorize, as an eligible type of open space, a pedestrian mall or walkway within a public right-of-way which is improved with paving, landscaping, and street furniture appropriate for creating an attractive area for sitting and walking, or (ii) waive the requirement that open space be provided upon payment to the Open Space Fund of a fee of $.80 for each square foot of open space otherwise required to be provided. These amounts shall be adjusted annually effective April 1st of each calendar year by the percentage of change in the Building Cost Index used by the San Francisco Bureau of Building Inspection. This payment shall be paid in full to the City prior to the issuance of any temporary or other certificate of occupancy for the subject property. Said fee shall be used for the purpose of acquiring, designing, improving and/or maintaining park land, park facilities, and other open space resources, which is expected to be used solely or in substantial part by persons who live, work, shop or otherwise do business in the South of Market Base District, as that District is defined in Section 820 of this Code and identified on Sectional Map 3SU of the Zoning Map of the City and County of San Francisco. Said fee, and any interest accrued by such fee, shall be used for the purpose stated herein unless it is demonstrated that it is no longer needed.
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010)