§ 413.5. COMPLIANCE BY PAYMENT OF IN-LIEU FEE.

(a) The amount of the fee which may be paid by the sponsor of a development project shall be determined by the following formulas for each type of space proposed as part of the development project and subject to this Article 4.

(1) For applicable projects (as defined in Section 413.3), any net addition shall pay per the Fee Schedule in Table 413.5A, and

(2) For applicable projects (as defined in Section 413.3), any replacement or change of use shall pay per the Fee Schedule in Table 413.5B.

TABLE 413.5A
FEE SCHEDULE FOR NET ADDITIONS OF GROSS SQUARE FEET

Use	Fee per Gross Square Foot

Entertainment	$18.62
Hotel	$14.95
Institutional	$0
Office (50,000 gsf and above)	See subsection (c) below.
Office (up to 49,999 gsf)	See subsection (d) below.
PDR	$0
Laboratory	See subsection (e) below.
Residential	$0
Retail	$18.62
Small Enterprise Workspace	$15.69

TABLE 413.5B
FEE SCHEDULE FOR REPLACEMENT OF USE OR CHANGE OF USE

Previous Use	New Use	Fee per Gross Square Foot
Entertainment, Hotel, Office, Laboratory, Retail, or Small Enterprise Workspace	Entertainment, Hotel, Office, Retail, or Small Enterprise Workspace	$0
PDR which received its First Certificate of Occupancy on or before April 1, 2010	Entertainment, Hotel, Office, Laboratory, Retail, or Small Enterprise Workspace	Use Fee from Table 413.5A minus $14.09
Institutional which received its First Certificate of Occupancy on or before April 1, 2010	Entertainment, Hotel, Office, Laboratory, Retail, or Small Enterprise Workspace	$0
Institutional or PDR which received its First Certificate of Occupancy on or before April 1, 2010	Institutional, PDR, Laboratory, Residential	$0
Institutional or PDR which received its First Certificate of Occupancy after April 1, 2010	Any	Use Fee from Table 413.5
Residential	Entertainment, Hotel, Office, PDR, Laboratory, Retail, or Small Enterprise Workspace	Use Fee from Table 413.5

(b) Any in-lieu fee required under this Section 413.5 is due and payable to the Development Fee Collection Unit at DBI at the time of and in no event later than issuance of the first construction document, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge that would be deposited into the Citywide Affordable Housing Fund in accordance with Section 107A.13.3 of the San Francisco Building Code.

(c) Office Fees for Large Capital Projects. Notwithstanding any other provision of this Code, fees for the net addition of 50,000 gross square feet and above of Office Use shall be paid as follows:

(1) For any project that (1) received an approval from the Planning Commission or Planning Department on or before September 10, 2019, stating that the project shall be subject to any new, changed, or increased Jobs Housing Linkage Fee adopted prior to that project’s procurement of a Certificate of Occupancy or Final Completion, and (2) has not procured a Certificate of Occupancy or Final Completion as of the effective date of the ordinance in Board File No. 190548, amending this Section 413.5, such project shall pay the difference between the amount of the fees assessed at the time of site permit issuance and any additional amounts due under the new, changed, or increased fee up to $52.20 before the City may issue a Certificate of Occupancy or Final Completion.

(2) For any project that has submitted a complete Preliminary Project Assessment on or before September 10, 2019, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project, regardless of when it submitted its complete Development Application, shall pay $52.20 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(3) For any project that has submitted a complete Development Application between the dates of September 11, 2019, and January 1, 2021, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project shall pay $60.90 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(4) For any project that has submitted a complete Development Application after January 1, 2021, shall pay $69.60 per gross square foot.1 Any fees shall be assessed and paid consistent with this Article 4 .

(d) Office Fees for Small Capital Projects. Notwithstanding any other provision of this Code, fees for the net addition up to 49,999 gross square feet of Office Use shall be paid as follows:

(1) For any project that has submitted a complete Preliminary Project Assessment on or before September 10, 2019, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project, regardless of when it submitted its complete Development Application, shall pay $46.98 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(2) For any project that has submitted a complete Development Application between the dates of September 11, 2019, and January 1, 2021, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project shall pay $54.81 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(3) For any project that has submitted a complete Development Application after January 1, 2021, shall pay $62.64 per gross square foot.1 Any fees shall be assessed and paid consistent with this Article 4 .

(e) Laboratory Fees. Notwithstanding any other provision of this Code, fees for the net addition of Laboratory Use shall be paid as follows:

(1) For any project that has submitted a complete Preliminary Project Assessment on or before September 10, 2019, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project, regardless of when it submitted its complete Development Application, shall pay $31.43 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(2) For any project that has submitted a Development Application between the dates of September 11, 2019, and January 1, 2021, and has not had its building or site permit issued as of the effective date of this ordinance in Board File No. 190548, such project shall pay $34.90 per gross square foot. Any fees shall be assessed and paid consistent with this Article 4.

(3) For any project that has submitted a Development Application after January 1, 2021, shall pay $38.37 per gross square foot.1 Any fees shall be assessed and paid consistent with this Article 4 .

(Added as Sec. 413.6 by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. , File No. 101523, App. 3/23/2011; Ord. , File No. 130549, App. 11/27/2013, Eff. 12/27/2013; Ord. , File No. 150149, App. 4/24/2015, Eff. 5/24/2015; redesignated and amended by Ord. , File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

(Former Sec. 413.5 added by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 270-10, File No. 100917, App. 11/5/2010; repealed by Ord. , File No. 190548, App. 11/15/2019, Eff. 12/16/2019)

AMENDMENT HISTORY

Undesignated paragraph preceding division (c) amended; Ord. 263-13, Eff. 12/27/2013. Division (c) amended; Ord. , Eff. 5/24/2015. Section redesignated; section header amended; undesignated paragraph deleted; divisions (a)- (a)(2) and Tables 413.5A and 413.5B amended; former division (c) redesignated as (b); new divisions (c)-(e)(3) added; Ord. , Eff. 12/16/2019.

CODIFICATION NOTE

1. So in Ord. .