§ 428A.

INTEGRATED PDR FEE DISCOUNT PROGRAM

a.

Purpose. The purpose of the Integrated PDR Fee Discount Program is to encourage the hiring of disadvantaged workers by existing or future business tenants and/or occupants in newly permitted Integrated PDR space. Owners of buildings with Integrated PDR space are given the option of deferring up to fifty percent of development impact fees that would otherwise be owed, to encourage their Integrated PDR tenants and/or occupants to register their respective business with the Office of Economic and Workforce Development’s (OEWD) Integrated PDR Program. At the end of a five-year period commencing upon issuance of the first site or building permit, owners of Integrated PDR buildings will be responsible for payment of the full deferred amount unless they can demonstrate to the Planning Department, based on registration records submitted to OWED, that a certain percentage of the employees occupying Integrated PDR space qualify as “disadvantaged workers.” The greater the percentage of disadvantaged workers, the higher the fee waiver.

b.

Definitions.

1.

Applicant. For purposes of this section, the owner of a building that contains permitted Integrated PDR space.

2.

Integrated PDR. This is defined in Section 890.49.

3.

Disadvantaged worker. Any employee who qualifies for the California State.

4.

Enterprise Zone hiring credit for the San Francisco Enterprise Zone.

5.

Discount-eligible worker, a disadvantaged worker who lives within the City and County of San Francisco.

6.

Discount-program fees. The fees that are subject to this discount program are the Eastern Neighborhoods Fees (per Sec. 327), the Transit Impact Development Fee (TIDF) (per Chapter 38 of the Administrative Code), and the Jobs-Housing Linkage Fee (per Section 313).

7.

Integrated PDR Registration Record. A dated receipt acknowledging that the subject Integrated PDR business has newly registered or updated their existing registration with the Office of Economic and Workforce Development (OEWD).

8.

Outstanding Discount-Program fees. The 50% of Discount-program fees that are not paid at the issuance of the first site or building permit.

c.

Controls.

1.

Any project involving the establishment of net new Integrated PDR space may choose to avail itself of the fee discounts described below in this Subsection.

2.

Initial fee reduction and payment:

A.

At the issuance of the first site or building permit, the Applicant will pay 50% of discount-program fees.

B.

An Integrated PDR Notice of Special Restrictions (NSR) will be placed on the property stating the following:

i.

The amount of Outstanding Discount-Program fees.

ii.

That the Outstanding Discount-Program fees, adjusted for the cost of living as defined by the Controller’s Office, will be paid within 30 days of notification of the applicant by the Planning Department of the amount of payment due. A reduction or waiver of these outstanding fees is available only if the conditions of subsection (c)(3) of this Section are met.

3.

Outstanding Discount-Program fee determination and payment:

A.

After five years from the issuance of the first site or building permit for any Integrated PDR space, the Applicant must pay the Outstanding Discount-Program fees.

B.

An Applicant may seek to waive or reduce any Outstanding Discount-Program fees by providing sufficient evidence in the form of Integrated PDR Registration Records to demonstrate to the Planning Department that they have satisfied the workforce goals of the Integrated PDR program as of the date of the filing of an application for such a waiver.

C.

Outstanding Discount-Program fees may be waived or forgiven under the following circumstances:

i.

If 10% to 14.9% of the total workforce currently employed in space that is permitted as Integrated PDR is discount-eligible workers, then 50% of the outstanding fees will be waived.

ii.

If 15% to 19.9% of the total workforce currently employed in space that is permitted as Integrated PDR is discount-eligible workers, then 60% of the outstanding fees will be waived.

iii.

If 20% to 24.9% of the total workforce currently employed in space that is permitted as Integrated PDR is discount-eligible workers, then 70% of the outstanding fees will be waived.

iv.

If 25% to 29.9% of the total workforce currently employed in space that is permitted as Integrated PDR is discount-eligible workers, then 80% of the outstanding fees will be waived.

v.

If 30% to 34.9% of the total workforce currently employed in space that is permitted as Integrated PDR is discount-eligible workers, then 90% of the outstanding fees will be waived.

vi.

If 35% or more of the total workforce currently employed in space that is permitted as Integrated PDR is discount-eligible workers, then 100% of the outstanding fees will be waived.

D.

Applicants who cannot provide sufficient evidence in the form of Integrated PDR Registration records to demonstrate to the Planning Department that tenants and/or occupants of any Integrated PDR space have satisfied the annual reporting requirements of the Office of Economic and Workforce Development (OEWD), or its successor, will not be eligible for any waivers or reductions of Outstanding Discount-Program Fees, and will owe the full amount of any Outstanding Discount-Program Fees five years after the issuance of the first site or building permit. These annual reporting requirements are stated contained in the City’s Administrative Code Sec. 10E.7.

E.

Applicants must apply to the Planning Department for Outstanding Discount-Program Fee reduction or waiver. This application must be submitted within three months before or after the five-year anniversary of the issuance of the first site or building permit. The Planning Department shall transmit the application to the Office of Economic and Workforce Development (OEWD), or its successor, for verification of relevant employment statistics, and the Director of OEWD shall subsequently submit its findings to the Planning Department.

F.

Payment of outstanding fees is due within 30 days of notification of the applicant by the Planning Department of the amount of payment due.

G.

Failure to pay shall be deemed a violation of the Planning Code and result in an enforcement action by the Department, which may include, referral to the Bureau of Delinquent Revenue and a lien on the subject property. Any enforcement action also may result in additional charges or penalties to cover the City’s costs in the enforcement action, including, but not limited to City Attorney’s fees.

History

(Ord. 270-10, File No. 100917, App. 11/5/2010)

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