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AMENDED IN COMMITTEE FILE NO. 250440 12/10/2025 ORDINANCE NO. 2-26 [Planning, Administrative Codes - Surcharges for Appeals to the Board of Supervisors] Ordinance amending the Planning Code and the Administrative Code by superseding certain provisions of Ordinance No. 149-16 to increase the surcharges on certain Planning Department fees to compensate the City for appeals of Planning Department actions to the Board of Supervisors; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1: and making public necessity. convenience. and welfare findings under Planning Code. Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough itelics Times New Romenf(mt. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Environmental and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 250440 and is incorporated herein by reference. The Board affirms this determination. (b) On July 17, 2025, the Planning Commission, in Resolution No. 21780, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the Supervisor Chan BOARD OF SUPERVISORS Page 1 City's General Plan and eight priority policies of Planning Code Section 101 .1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 250440, and is incorporated herein by reference. (c} Pursuant to Planning Code Section 302, this Board finds that this Planning Code amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21780, and the Board adopts such reasons as its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 250440 and is incorporated herein by reference. Section 2. Article 3.5 of the Planning Code is hereby amended by revising Section 350, to read as follows: SEC. 350 FEES. * * * * (d) Surcharges. In addition to fees, a surcharge shall be assessed on some fees to compensate the Department for the cost of appeals to the Board of Supervisors or the Board of Appeals. These surcharges are stated in Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 160632. These surcharges are not part of base fees as described in subsection (b) and are not subject to the annual adjustment process described in subsection (c). However, to fully inform the public, such surcharges shall be included in the Planning Department Fee Schedule referenced in subsection (c). Notwithstanding the surcharges stated in Section 4 of Ordinance No. 149-16 in Board o{Supervisors File No. 160632, all surcharges identified in that Section 4 for appeals to the Board o{Supervisors shall be $240. In addition, there shall be a surcharge assessed on certain permit fees to fully compensate the Department for the costs of discretionary review, as detailed in Section 4 of the aforementioned ordinance. That surcharge will be treated as if it were a base fee, and will Supervisor Chan BOARD OF SUPERVISORS Page 2 be subject to the annual adjustment process described in subsection (c) and included in the Planning Department Fee Schedule referenced in subsection (c). * * * * Section 3. Chapter 31, Article IV of the Administrative Code is hereby amended by revising Section 31.22, to read as follows: SEC. 31.22. FEES. * * * * (d) Surcharges. In addition to fees, a surcharge shall be assessed on some fees to compensate the Department for the cost of appeals to the Board of Supervisors. These surcharges are stated in Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 160632. Notwithstanding the surcharges stated in Section 4 of Ordinance 149-16 in Board of Supervisors File No. 160632. all surcharges identified in that Section 4 for appeals to the Board of Supervisors shall be $240. These surcharges are not part of base fees as described in subsection (b) and are not subject to the annual adjustment process described in subsection (c). However, to fully inform the public, such surcharges shall be included in the Planning Department Fee Schedule referenced in subsection (c). * * * * Section 4. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Supervisor Chan BOARD OF SUPERVISORS Page 3 Section 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. Section 6. Effect of Ordinance on Ordinance No. 149-16; Directions to Clerk of the Board of Supervisors. As it pertains to surcharges for appeals to the Board of Supervisors, this ordinance has the effect of amending and superseding those provisions in Section 4 of Ordinance No. 149- 16 stating such surcharges. Accordingly, to maximize public notice of these changes, upon the effective date of this ordinance, the Clerk of the Board of Supervisors shall place a copy of this ordinance in Board File No. 160632, the file for Ordinance No. 149-16, and shall indicate on the Board's website chart for ordinances enacted in 2016 that Ordinance No. 149-16 has been superseded in part by this ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: Isl Bradley A. Russi BRADLEY A. RUSSI Deputy City Attorney n:\leganalas202412500160\.docx Supervisor Chan BOARD OF SUPERVISORS Page 4 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 250440 Date Passed: January 06, 2026 Ordinance amending the Planning Code and the Administrative Code by superseding certain provisions of Ordinance No. 149-16 to increase the surcharges on certain Planning Department fees to compensate the City for appeals of Planning Department actions to the Board of Supervisors; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making public necessity, convenience, and welfare findings under Planning Code, Section 302. December 10, 2025 Budget and Finance Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE December 10, 2025 Budget and Finance Committee - RECOMMENDED AS AMENDED December 16, 2025 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill, Walton and Wong January 06, 2026 Board of Supervisors - Fl NALLY PASSED City mu/ Co1111ty of S,111 Fra11cisco Ayes: 1 O - Chan, Chen, Dorsey, Mahmood, Mandelman, Melgar, Sauter, Sherrill, Walton and Wong Excused: 1 - Fielder Page 1 Prilltetl at 9: 18 ,1111 011 117126 File No. 250440 City a11d Cou11ty of Stm Fra11cisco Daniel Lurie Mayor Page2 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 1/6/2026 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board l I ~ I )lo Date Approved Printed at 9: 18 £1111011 1/7/26