DistrictsDowntown Revitalization and Economic Recovery Financing Districts
Section § 62450
This section outlines definitions related to downtown revitalization and economic recovery efforts in San Francisco. It clarifies terms such as the 'Board of Supervisors' and the scope of 'commercial-to-residential conversion projects', which transform commercial buildings into housing. These projects aim to support both market rate and affordable housing, emphasizing community-wide benefits.
The 'district board' governs the financing district specifically created for this purpose. This district, separate from the City and County, focuses on funding projects that aid downtown recovery and revitalization. Additionally, terms like 'lower income,' 'moderate-income,' and 'very low income households' refer to housing eligibility criteria based on income.
'Net available revenue' describes funds San Francisco receives for these projects, excluding certain educational fund obligations. 'Opted-in taxable property' refers to properties choosing to receive added tax revenue advantages. Lastly, 'Downtown San Francisco' is geographically defined, alongside explanations of terms used in executing the financing plans.
Section § 62451
The Board of Supervisors in San Francisco can create one special district downtown to boost the area's economy and recovery. They must first pass a resolution outlining their plans. They need to define the district's boundaries, which must only include downtown San Francisco, and state why the district is necessary and what goals it intends to achieve. The district will use property tax revenue from real estate projects to fund its activities. There will also be a public hearing where the community can provide input before the plan is finalized or rejected by the Board of Supervisors.
Section § 62452
This law section sets the rules for the membership of a district board, which includes three county supervisors and two public members selected by the supervisors. The board can also have a directly elected mayor. If a board member is absent, an alternate supervisor can vote in their place. Board members are not paid but can be reimbursed for necessary expenses. The board must be formed at the same time as the intention resolution. Members are subject to certain laws regarding public service, and the board operates under open government laws like the Ralph M. Brown Act and the California Public Records Act.
Section § 62453
This law establishes a district that uses tax revenues from converting commercial properties to residential use. The money is stored in a special fund and can be used for projects that benefit the community and San Francisco. Only projects with significant benefits can be funded.
The district collects tax revenues only from projects that choose to join and must hold an annual public hearing, adopt a report by June 30, make draft reports publicly available 30 days before the hearing, and post them online.
The annual report must describe completed projects, their progress, compare actual versus expected financials, and provide a status update on district projects. Every ten years, the district must review whether it still meets its objectives and if the downtown revitalization plan needs changes.
If the annual report isn't adopted on time, the district can't add new projects to receive funds until the report is completed.
Section § 62454
This law section says that when a district is created and a downtown revitalization financing plan is adopted according to this division, it doesn't count as a "project" under the California Environmental Quality Act, which means it doesn't have to go through the environmental review process usually required by that Act.
Section § 62455
Once the Board of Supervisors decides on a specific resolution related to downtown improvements, they must send a copy to the district board. The district board is then responsible for assigning a government official to create a detailed plan for financing the downtown revitalization.
Section § 62456
This section outlines the process and requirements for creating a downtown revitalization financing plan in San Francisco. The plan must include a map of the proposed district, details on commercial-to-residential conversion projects, and stipulations ensuring a portion of units are affordable. Commercial projects must meet certain affordability criteria to receive property tax benefits.
Additionally, the plan must identify eligible buildings for conversion, manage the distribution of tax revenue back to projects to cover development costs, and establish spending limits. Revenue remaining after project allocations should be used for further downtown revitalization programs.
Administrative costs are capped at 5% of tax revenues, excluding some establishment costs. The law also requires a detailed financial section outlining projected revenues and costs, plus a maximum term for the district of 45 years. If any residences are demolished for conversion, a strategy for replacing them is necessary.
Section § 62457
This law involves how taxes from certain properties in a designated downtown area of San Francisco are managed to support revitalization projects. Taxes on properties that opt-in to this revitalization district are split between the city and the district. Initially, San Francisco gets the usual share of property taxes, but any excess from increased property values goes to the district to be used for its projects, until certain valuation levels are met.
If the district overlaps with former redevelopment areas, any district debts take a back seat to prior obligations. Revenue from increased property values can also go towards district projects after the city’s share is covered.
San Francisco’s Board of Supervisors can also allocate city funds to these projects. When residential projects involve converting commercial spaces, only the tax increase related to residential use (based on square footage) supports district activities. Money cannot be split with other nearby entities outside San Francisco.
Section § 62458
This law outlines the process for adopting a downtown revitalization financing plan. It requires the district board to hold three public hearings. During the first hearing, they present and discuss the plan. At the second hearing, they consider comments and decide whether to approve, modify, or reject the plan. If approved or modified, and with the Board of Supervisors' approval, they finalize the plan at the third hearing. Notices for each hearing must be posted online and communicated to stakeholders via mail, email, or newspaper at least 10 days prior.
Section § 62459
This law section outlines the process for eligible commercial buildings converting to residential use to opt into receiving incremental tax revenue. Once a project is identified and chooses to participate, it must do so before obtaining its first building permit and is only eligible until December 31, 2032. The district will assess if the project qualifies to receive these funds and ensure it adheres to existing limits. Once approved, the property’s assessed value is recorded based on the tax roll just before the building permit is issued. Additionally, all participating projects must comply with specific labor standards.
Section § 62460
This law states that any commercial buildings that are being converted into residential properties and choose to receive extra tax revenue must adhere to prevailing wage requirements, meaning they have to pay standard wages typically given in the region for similar work. They must also follow labor standards set by the local Board of Supervisors. If the Board hasn't set any specific labor standards for such projects, the conversion project cannot receive the additional tax benefits.
Section § 62461
In simple terms, this law says that any expenses San Francisco incurs related to managing or dividing taxes for a specific district must be covered by that district.
Section § 62462
If San Francisco creates a special district under this law, it must produce an annual report about its projects that change commercial buildings into residential spaces. This report needs to be sent to certain committees in the Legislature and follow the rules laid out in another specific section.
Section § 62463
This law specifies that if you want to legally challenge the creation of a district or a downtown revitalization financing plan, you need to do so within 30 days of the district being created. This includes any challenge related to the division of taxes associated with the plan. You can bring this challenge through a specific legal procedure described in another part of the law.
Section § 62464
This law ensures that when a district gets money from specific taxes to pay off loans or interest, it doesn't count as tax revenue that is limited by certain financial rules in the California Constitution. It makes sure that both the district and other public bodies are not considered to have received tax revenue subject to these rules when they receive money for these specific purposes.