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AMENDED IN COMMITTEE FILE NO. 160553 10/24/2016 ORDINANCE NO. 218-16 [Planning Code - Signs - Exemptions and General Advertising Sign Penalties] Ordinance amending the Planning Code to clarify that all noncommercial Signs are 1exempt from regulation pursuant to Article 6; increase penalties for repeat violations for the display of illegal General Advertising Signs; shorten the time before penalties for General Advertising Sign violations begin to accrue; and allow property liens for I !such penalties that go unpaid; 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, I land a finding of public necessity, convenience, and welfare 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 strikethroHgh italics Times }lew Roman font. 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 Planning 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. 160553 and is incorporated herein by reference. The Board affirms this determination. (b) On September 15, 2016, the Planning Commission, in Resolution No. 19736, adopted findings that the actions contemplated in this ordinance are consistent, on balance, Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 1 1with the City's General Plan and the eight priority policies of Planning Code Section 101.1. I 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. 160553, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the proposed Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 19736, and the Board incorporates such reasons herein by reference. Section 2. General Findings. (a) San Francisco is one of the most unusual and beautiful cities in the world, but it is losing its character as more general advertising signs, commonly known as billboards, pollute its streets and neighborhoods every day. (b) In past years, hundreds of general advertising signs have been displayed across the City's neighborhoods: on the side of buildings, plastered next to shop windows, and stacked one-after-another on major streets. Due to new technology, billboard companies can I erect signs anywhere quickly, easily, and cheaply. (c) San Francisco's historic buildings, scenic views, and distinctive neighborhoods are being overrun by huge new general advertising signs. These intrusive advertisements hang over parks, playgrounds, public plazas, and homes and block views. Over the last few years there has been a dramatic increase in general advertising billboards, particularly the massive wallscapes that cover entire sides of buildings. General advertising signs are urban blight. They command viewers' attention without their consent, robbing them of the right to see the beautiful city they live in. They destroy the distinctive qualities that make San Francisco and its individual neighborhoods unique. Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 2 General advertising signs are currently in, adjacent to, and visible from public and historically significant civic spaces including not only parks and public plazas, but also historic buildings and the waterfront. (d) The number of general advertising signs is increasing all over the City. Many areas of the City are saturated with general advertising signs. In these areas the general advertising signs are obtrusive, out of scale, and contribute to visual pollution and blight. As population, traffic, and building trends grow and shift within the City, it is difficult to assess which areas of the City will be inundated with general advertising signs next. (e) The harms created by the large number of general advertising signs in San 1 O Francisco transcend aesthetic and environmental concerns, important as those concerns are to the community. There are other concrete harms as well. First, tourism, San Francisco's largest revenue-generating industry, benefits from the preservation of the City's unique character, architecture, and vistas. As general advertising signs become more and more a part of the City's landscape, its distinctive appearance recedes or is hidden, and the character that tourists visit the City to experience is lost. Second, City officials and the public have expressed concern over the negative impact of the increasing volume of general advertising signs on traffic and pedestrian safety. Third, signs identifying local services and businesses I are often blocked or obscured by general advertising signs, a practice that confuses and distracts the public from finding those services and businesses. (f) City officials have received complaints from the public about the proliferation of I general advertising signs in the City, the commercialization of the City's public space, and the increased size of vinyl signs which cover entire sides of buildings, as well as about general I advertising signs placed on architecturally and historically significant buildings. Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 3 (g) More than 600 cities in the United States - including San Jose, San Diego, Denver, · and Seattle - and six States have protected their environment by prohibiting new general advertising signs. I (h) The City currently contains an ample supply of legally permitted general advertising I signs. (i) Planning Code Section 601 identifies the need to regulate signs in order to reduce ' hazards that can distract motorists and pedestrians traveling on the public right of way. Sign (ontrols reduce the potential for accidents, especially in congested parts of the City. I U) Planning Code Section 601 cites as among the special purposes for adopting sign regulation: safeguarding and enhancing of property values in residential, commercial, mixed use, and industrial areas, protecting the public investment in and the character and dignity of public buildings, open spaces and thoroughfares, and protecting the distinctive appearance of San Francisco produced by its unique geography, topography, street patterns, skyline and ·architectural features. (k) Policy 4.14 of the Urban Design Element of the City's General Plan states, "Signs are another leading cause of street clutter. Where signs are large, garish and clashing they lose their value as identification or advertising and merely offend the viewer. Often these signs are overhanging or otherwise unrelated to the physical qualities of the buildings on which they are placed. Signs have an important place in an urban environment, but they should be controlled in their size and location." (I) Upon the adoption in March 2002 of Proposition G's citywide ban on new general advertising signs, it was estimated that roughly 1,500 general advertising signs existed in San [Francisco. (m) In 2007, in Ordinance No. 52-07, the City adopted what were then thought to be heavy penalties for illegal general advertising signs. But, despite these penalties, roughly 200 Supervisors Peskin; Mar BOARD OF SUPERVISORS Page4 additional general advertising signs have since been installed. While these signs have been removed through Planning Department enforcement activities, litigation, or a combination thereof, these 200 signs were equivalent to roughly one-quarter of the City's current total legal inventory of approximately 800 general advertising signs. Not only is this ratio of noncompliance inconsistent with the voter mandates set forth in March 2002's Proposition G, November 2007's Proposition K, and November 2009's Proposition E, but this striking pattern of unlawful activity also drains important City resources better put to other uses. Further, this pattern of unlawful activity demonstrates the continuing appeal of general advertising signs within the advertising industry, an appeal that often leads to the unlawful placement of such 1 O signs in San Francisco. (n) General advertising signs remain highly prominent in the advertising industry, and have not been meaningfully displaced by internet or other digital forms of advertising. Nationally, revenue from general advertising signs "rose 4.6 percent in 2015 compared to the previous year, accounting for $7.3 billion," according to the Outdoor Advertising Association of America, which "marks an all-time high." (o) Consistent market demand for general advertising signs, notwithstanding the City's 10-year-old penalty amounts levied against illegal general advertising signs, has led to a situation in which penalties resulting from the display of illegal general advertising signage are internalized as a "cost of doing business." The penalties for such illegal signage no longer serve as a meaningful deterrent to unlawful behavior, if they ever did. (p) The size of a sign is a key factor in determining the profitability of a general advertising sign. (q) A central purpose of administrative penalties under Article 6 of the Planning Code is to deter illegal general advertising signs. Another purpose is to compensate the City for its costs of enforcing Article 6. To encourage compliance with Article 6, the City must have the Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 5 ability to impose administrative penalties that are sufficiently large to deter illegal general advertising signs. (r) Sign companies generally have the ability to remove illegal signage quickly after receiving notice that a sign violates Article 6 of the Planning Code. For example, in 2016, just before the Super Bowl, the City determined that a general advertising sign on the side of a building in Embarcadero Center violated Article 6. The Responsible Party removed the sign within two days of receiving notice from the City that the sign was illegally displayed. (s) Current penalties for illegal general advertising signs do not deter sign companies that wish to display an illegal general advertising sign during a particular event, such as the 1 O Super Bowl or SF Pride weekend. Under current Planning Code Section 610, a sign company may display a general advertising sign a few days before the event, knowing that penalties will not begin to accrue until 30 days after a notice of violation for the sign is issued, long after the event is over and the purpose of the general advertising sign, to reach attendees of the event, has been served. Section 3. The Planning Code is hereby amended by revising Sections 602-:49, 603 and 610, to read as follows: SEC. 602. SIGN SPECIAL DEFINITIONS. * * * * SEC. 602.10. IDENTIFYING SIGN. Identifying Sign. A Ssign for a use listed in Article 2 of this Code as either a principal or a conditional use permitted in an R District, regardless of the district in which the use itself may be located, which Ssign serves to tell only the name, addressL and lawful use of the premises upon which the Ssign is located, or to which it is affixed. A bulletin board o.fapublic, charitable or religious institution, used to display announcements relati've to meetings to be held on the Supervisors Peskin; Mar BOARD OF SUPERVISORS Page6 premises, shall be deemed an identifying sign.With respect to shopping malls containing five or more stores or establishments in NC Districts, and shopping centers containing five or more stores or establishments in NC-S Districts or in the City Center Special Sign District, [identifying Ssigns shall include Ssigns which tell the name of and/or describe aspects of the operation of the mall or center. Shopping malls, as that ter.m is used in this Section, are characterized by a common pedestrian passageway which provides access to the businesses located therein. SEC. 603. EXEMPTED SIGNS. 1 O Nothing in this Article 6 shall apply to any of the following signs: (a) Noncommercial Signs, including but not limited to (al) Official public notices, and notices posted by public officers in performance of their duties; (/JJ) Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety; (eJ) Temporary display posters, without independent structural support, in connection with political campaigns and with civic noncommercial health, safetyL and welfare campaigns, provided that in R districts such posters shall be removed within 60 days following the conclusion ofthe campaign; (d1.) Flags, emblems, insigniaL and posters of any nation or political subdivision, and temporary displays of a patriotic, religious, charitableL or other civic character; (eJ) House numbers, whether illuminated or not, "no trespassing," "no parking," and other warning signs; ({6) Commemorative plaques placed or provided by recognized historical agencies,· Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 7 (7) Religious symbols,· (8) Information plaques or signs which identifj; to the public open space resources, I architectural features, creators of artwork, or otherwise provide information required by this Code or I by other City agencies, or an identifj;ing sign which directs the general public and/or patrons of a particular establishment to open space or parking resources,· (gQ.) Signs within a stadium, open-air theaterL or arena which are designed primarily to (h) Religious symbols attached to buildings ifnotprojecting beyond any streetproperty line or building setback line; (i) Flags indicating weather conditions, and single flags which are emblems ofbusinessfirms, enterprises and other organizations; (jf) Two gGeneral a4_dvertising sSigns each not exceeding 24 square feet in area on either a transit shelter or associated advertising kiosk furnished by contract with the Municipal Transportation Agency or predecessor agency for the Municipal Railway in RTO, RTO-M, RM- 2, RM-3, RM-4, RC, NC, C, M, PDR, Eastern Neighborhoods Mixed Use Districts, and South of Market Mixed Use Districts, and in those P Districts where such sSigns would not adversely affect the character, harmonyL or visual integrity of the district as determined by the Gity Planning Commission; eight gGeneral a4,dvertising sSigns each not exceeding 24 square feet I in area on transit shelters located on publicly owned property on a high level Municipal Railway boarding platform in an RH-1 D District adjacent to a C-2 District, provided that such advertising signs solely face the C-2 District; up to three double-sided gGeneral a4_dvertising sSigns each not exceeding 24 square feet in area on or adjacent to transit shelters on publicly owned high level Municipal Railway boarding platforms along The Embarcadero south of the I Ferry Building, up to six double-sided panels at 2nd and King Streets, and up to four double- sided panels at 4th and King Streets; up to two double-sided panels not exceeding 24 square Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 8 feet in area on each low-level boarding platform at the following E-Line stops: Folsom Street and The Embarcadero, Brannan Street and The Embarcadero, 2nd and King Streets, and 4th and King Streets; and a total of 71 double-sided gGeneral e.d_dvertising sSigns each not exceeding 24 square feet in area on or adjacent to transit shelters on 28 publicly owned high level Municipal Railway boarding platforms serving the Third Street Light Rail Line. Each advertising sign on a low-level or high.:level boarding platform shall be designed and sited in such a manner as to minimize obstruction of public views from pedestrian walkways and/or public open space. Notwithstanding the above, no sSign shall be placed on any transit shelter or 1 O associated advertising kiosk located on any sidewalk which shares a common boundary with any property under the jurisdiction of the Recreation and Park Commission, with the exception of Justin Herman Plaza; on any sidewalk on Zoo Road; on Skyline Boulevard between Sloat Boulevard and John Muir Drive; on John Muir Drive between Skyline Boulevard and Lake Merced Boulevard; or on Lake Merced Boulevard on the side of Harding Park Municipal Golf Course, or on any sidewalk on Sunset Boulevard between Lincoln Way and Lake Merced Boulevard; on any sidewalk on Legion of Honor Drive; or in the Civic Center Special Sign Districts as established in Section 608.3 of this Code. The provisions of this subsection {f.Lshall be subject to the authority of the &m Francisco Port Commission under Sections 4.114 and B3.581 of the City Charter and under State law. I (k) Information plaques or signs which identify to the public open space resources, architccturalfcatures, creators of artwork, or otherwise provide information required by this Code or by other City agencies, or an identifjiing sign which directs the general public and/or patrons a.fa particular establishment to open space or parking resources, provided that such sign shall notproject Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 9 i [more than three inchesfrom the wall and that its dimensions shall be no greater than 24 inches by 24 inches; (l) Nonilluminated art murals within the South o.fl.1arket A1ixed Use District and Eastern l'leighborhoods i\1ixed Use Districts, ~with the exception a/the UJ.1UDistrict, iftheyproject no more than 18 inchesfrom the pre existing surface afa structure; (md) Two gGeneral aftdvertising sSigns each not exceeding 52 square feet in area on a public service kiosk furnished by contract with the Department of Public Works which contract also provides for the installation and maintenance of automatic public toilets. Each such public service kiosk shall be divided into three sections, one of which shall provide a public service, such as a newsstand, newsrack, map, public telephone, vending machine, display of public service information, or interactive video terminal;'-,_ (n_g_) Advertising placed on fixed pedestal newsrack units in accordance with Section 184.12 of the Public Works Code. (ejJ To the extent not otherwise exempted pursuant to subsection (a) ofthis Section 610, Agny Historic Movie Theater Projecting Sign or Historic Movie Theater Marquee when preserved, rehabilitated, restored, or reconstructed pursuant to Section 188(e) o[the Planning Code. SEC. 610. VIOLATION OF GENERAL ADVERTISING SIGN REQUIREMENTS. * * * * (b) Administrative Penalties. The Director of Planning may impose administrative penalties for violations of the regulations governing gGeneral aftdvertising sSigns set forth in this Article 6. These administrative penalties are cumulative to and do not fOreclose any criminal or civil penalties that may apply under state or local law. Administrative penalties shall be imposed in accordance with the following procedures: Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 10 ( 1) Notice of Violation. (A) Upon the Planning Department's determination pursuant to Section 176 of this Code that a general advertising sign has been erected, installed, expanded, intensified, relocated, or otherwise operated in violation of the requirements of this Code or has been denied an in-lieu identifying number pursuant to Section 604.1 (c) of this Code, the Director shall send a written notice of violation to the Responsible Party for delivery by first class mail!. &-hand-delivery. or electronic mail. The notice of violation shall describe the violation(s), state that the Responsible Party has thiFty five calendar days from the date postmarked on the notice or three calendar davs from the date of hand-delivery or electronic mail delivery of the notice to: (i) file an application for a permit to remove the general [adverti~ing s.ign; (ii) correct the violat'.on(s) pursuant to ~~ubs~ction (c); or (iii) request I recons1derat1on pursuant to S~ubsect1on (d). An electronic mazl message shall be considered I I delivered on the same day that it is sent. I* * * * I (2) Penalties. I (A) Accrual of Penalties. If a Responsible Party fails to respond to the I notice of violation as outlined in subsection (b )( 1 )(A), penalties shall accrue under this Section I j610 at the daily rate set forth in subsection (b)(2)(B) beginning on the Accrual Date, which is I defined as the sixth day after the date postmarked on a notice delivered by first class mail, or on the I thirty first(ourth day after hand-delivery or electronic mail delivery of a notice, and the Director I I shall refer the matter to the City Attorney for further action. If the Responsible Party responds I [after the Accrual Datethirty days, but before the Director has referred the matter to the City Attorney, the Responsible Party shall be assessed a penalty based on the number of days that have passed beginning on the Accrual Date untilbetween the end of the thirty day period and the date the Responsible Party responded. Once the matter has been referred to the City Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 11 Attorney for further proceedings, it shall be within the discretion of the City Attorney, in consultation with the Director, whether to allow the Responsible Party to request a reconsideration of the notice of violation or to proceed with other legal action. If the Responsible Party is allowed to request reconsideration, the Responsible Party shall pay a penalty based on the amount accrued beginning on the Accrual Date untilbetween the end of the thirty dayperiodandthe date the Responsible Party responded. The Responsible Party shall pay this penalty within five ~ business days of notice that the Responsible Party will be allowed to request reconsideration. (B) Amount of Penalties. 1 o {Jl The administrative penalties that the Director or administrative law judge assesses against the Responsible Pa~ies shall be related to the square footage of the gGeneral a4_dvertising BQign found to be in violation of the Planning Code, as shown below: a.{i) 100 square feet or less -$100;-(}(} per day per violation; b.f#) 101 - 300 square feet - $1,000;-(}(} per day per violation; c.{#i)- 301 - 500 square feet - $1,750;-(}(} per day per violation; and d.{Wf Over 500 square feet - $2,500;-(}(} per day per violation. If the violation for which the administrative penalty is assessed has increased the size of the gGeneral a4_dvertising BQign, the penalty shall be based on the actual size of the gGeneral a4.dvertising BQign. * * * * (d) Reconsideration of Notice of Violation or Administrative Penalty. (1) Reconsideration Hearing. Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 12 (A) A Responsible Party may seek reconsideration of the issuance of the notice of violation or any administrative penalty. Any request for reconsideration shall be accompanied by written evidence that demonstrates why the notice of violation was issued in error or why the administrative penalties were assessed in error. Upon receipt of a request for reconsideration within the time limits established by S~ubsection (b)(1)(A) or when allowed under S~ubsection (b)(2)(A), the Planning Department shall schedule a reconsideration hearing before an administrative law judge. Such hearing shall be scheduled for a date no later than 60 days after the request. At least 10 days before the scheduled hearing, the Planning Department shall notify the Responsible Party by mail in writing of the hearing date, 1 O time, and location. (B) The administrative law judge shall hold a hearing to reconsider the Director's notice of violation or administrative penalty. The administrative law judge's decision for a reconsideration of the notice of violation shall be based upon, but not limited to, the Planning Code, any final Zoning Administrator Interpretations, the Building Code, building permits issued by the City, and any final decisions of the Board of Appeals regarding the subject property. The administrative law judge's determination of a request for reconsideration of any administrative penalty shall take into account the validity of accrual dates, accuracy of assessment based upon sign size and whether the Responsible Party was accurately identified. For repeat violations. the administrative law judge shall also take into account the considerations specified in subsection (j)(3) ofthis Section 610. Within 30 days of the hearing, the administrative law judge shall issue a final written decision, which shall be mailed to the Responsible Party. The final written decision shall not be appealable to the Board of Appeals. All final written decisions shall inform the Responsible Party of its right to seek judicial review pursuant to the timelines set forth in Section 1094.6 of the California Code of Civil Procedure. Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 13 (C) If the Planning Department rescinds the notice of violation or penalties prior to the reconsideration hearing, the case shall be considered abated and all accrued penalties shall be rescinded. If penalties or the reconsideration hearing fee set forth I I in S~ubsection (d)(2), below, have been paid, the Planning Department shall refund in a timely matter any unused portions of the penalties or fee. If the administrative law judge overturns the notice of violation or penalties, the case shall be abated and all accrued penalties shall be rescinded. If penalties have been paid, the Planning Department shall refund the penalties. If the Responsible Party withdraws its request for reconsideration of notice of violation 1 O or penalties prior to the reconsideration hearing and cures the violation(s) by filing for a building permit under subsection_(c), any accrued penalties shall apply in addition to a mandatory ten-day fixed penalty based upon the daily rate outlined in S~ubsection (b)(2)(B). If the request for reconsideration is withdrawn within less than 10 days from the date it was timely made, the Responsible Party may apply to the Director for a reduction in the fixed penalty amount based upon the number of days less than 10 that the reconsideration request was withdrawn. Any such reduction shall be granted or denied at the sole discretion of the Director and is not appealable. If the administrative law judge upholds the notice of violation or penalties, the Responsible Party shall cure the violation(s) by filing for a building permit pursuant to the procedures and requirements of S~ubsection (c) within fifteen days of the date the decision is mailed to the Responsible Party. The Responsible Party shall be subject to any accrued penalties, plus a mandatory twenty-day fixed penalty based upon the daily rate outlined in S~ubsection (b)(2)(B). If the reconsideration hearing is held within less than 20 days from the I date it was timely requested, the Responsible Party may apply to the Director for a reduction in the fixed penalty amount based upon the number of days less than 20 that the Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 14 reconsideration hearing was held. Any such reduction shall be granted at the sole discretion of the Director and is not appealable. If the Responsible Party does not file for a building permit within the fifteen-day period, additional penalties shall accrue at the daily rate outlined in 8~ubsection (b )(2)(8) and the Director shall refer the case to the City Attorney for further action. * * * * (f) Repeat Violations. * * * * (2) For the purposes of this subsection {fl, a repeat violation shall mean any violation of the general advertising provisions of this Article which (.J-4.) occurs on a property that was the subject of a notice of violation under Article 6 during the previous five years and (NJ) is owned by the same entity which owned the property upon which the general advertising was located at the time of the earlier violation. A repeat violation shall not include one based upon a notice of violation that was overturned by an administrative law judge or rescinded by the Planning Department under subsection (d)(1 )(C) of this Section 61 O._A Responsible Party may seek reconsideration of a notice of violation [or a repeat violation under subsection (d) o[this Section 610, provided that the request [or reconsideration is tiled and all general advertising copy is removed prior to the Accrual Date, as defined in subsection (b){2){A) of this Section ------\-(3"-")'--Violations under this subsection (f) shall be treated like other violations o.f8ection 610 except that (i) the 30 day period identified throughout subsection (b) shall be reduced to three business days, (ii) the penalties set forth in subsection (b) shall begin to accrue on the fourth day, and I (iii) the general advertising sign and any sign structure must be completely remowdfrom the site I within the three day period. A Responsible Party may seek reconsideration under subsection (d), I iprovided that the request for reconsideration isfikd m1d all general advertising copy is removedprior I I I Supervisors Peskin; Mar I BOARD OF SUPERVISORS I Page 15 to expiration ofthe three day period. Penalties for violations under this subsection ({)shall accrue as described in subsection (b)(2) o[this Section 610, except that the amount of penalties shall be calculated as fjJllows: (A) Daily Penalties. Daily penalties shall accrue as described below, until the date that the General Advertising Sign and any associated sign structure are removed from the site, or, i[the City accepts a late request fjJr reconsideration from the Responsible Party pursuant to subsection {k){2){A) ofthis Section 610, until the date that all copy is removed from the General Advertising Sign: (i) On the Accrual Date, which is the first day on which penalties accrue, the daily penalty shall be the amount specified in subsection {k) (2) (B) oft his Section 610 multiplied by 2. 00 On the second day on which penalties accrue, the daily penalty shall be the amount specified in subsection {k){2){B) of this Section 610 multiplied by 3. OiO On the third day on which penalties accrue, the daily penalty shall be the amount specified in subsection {k){2){B) o[this Section 610 multiplied by 4. Ov) On the fjJurth day on which penalties accrue and fjJr each day thereafter fjJr which penalties accrue, the daily penalty shall be the amount specified in subsection {k){2){B) o[this Section 610 multiplied by 5. (B) Alternative Penalty. As an alternative to the daily penalties described in subsection ({){3){A) of this Section 610, all Responsible Parties may jointly opt to pay an alternative penalty, which consists o[Ol the income earned by the Responsible Parties fjJr the display o[the illegal I General Advertising Sign, including but not limited to revenue earned by the Sign owner or operator from advertisers or advertisement placement firms and revenue earned by the property owner or lessee from the lease or sublease o[the property to the Sign owner or operator,· plus 00 an additional 20% o f that total income amount. The income amount shall be calculated beginning on the Accrual Date, as defined in subsection {k){2){A) o[this Section 610, until the date that the General Advertising Sign and Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 1 6 ! any associated sign structure are removed from the site. or, if the City accepts a late request tor !reconsideration from the Responsible Party pursuant to subsection (k)(2){A) o[this Section 610, until I I the date that all copy is removed from the General Advertising Sign. I To calculate this alternative penalty. the Planning Department may require that all Responsible I Parties provide evidence oftheir income. such as a lease between the property owner and the Sign I operator or Sign owner, and any agreements between the Sign owner or operator and advertisers or I advertisement placement firms who have contracted to have their advertisements displayed on the Sign I I during the relevant time period. I (C) Standard of Review. Pursuant to subsection (d) o[this Section 610, a I Responsible Party may request reconsideration ofa notice of violation (Or a repeat violation by an I administrative law judge. In any such proceeding. a rebuttable presumption shall exist that the penalty amount is reasonable. In reviewing a penalty imposed pursuant to subsection (j)(3) of this Section 610, the administrative law judge shall give substantial weight to that presumption. but may consider the nature and egregiousness o[the violation, the financial resources o[the Responsible Party, the need to deter illegal conduct, and the Responsible Party's culpability, to determine i[the penalty is excessive. (g) Liens. For any penalties assessed pursuant to this Section 610, the Director may initiate proceedings to make the payment amount due and all additional authorized costs and charges. including attornevs' fees, a lien on the property pursuant to Chapter 100 ofthe Administrative Code. This subsection (g) does not apply to a notice of violation that has been overturned by an administrative law judge or rescinded by the Planning Department under subsection (d){J ){C) ofthis Section 610. 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 Supervisors Peskin; Mar BOARD OF SUPERVISORS Page 17 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. 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. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this ordinance or application thereof would be subsequently declared invalid or unconstitutional. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: VICTORIA WONG Deputy City Attorney n:\legana\as2016\ 1600468\01143427.docx Supervisor Peskin BOARD OF SUPERVISORS Page 18 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 160553 Date Passed: November 01, 2016 Ordinance amending the Planning Code to clarify that all noncommercial Signs are exempt from regulation pursuant to Planning Code, Article 6; increase penalties for repeat violations for the display of illegal General Advertising Signs; shorten the time before penalties for General Advertising Sign violations begin to accrue; allow property liens for such penalties that go unpaid; 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 a finding of public necessity, convenience, and welfare under Planning Code, Section 302. October 24, 2016 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE October 24, 2016 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT October 25, 2016 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener and Yee. November 01, 2016 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener and Yee File No. 160553 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 11/1/2016 by the Board of Supervisors of the City and County of San Francisco. Date Approved City and County of San Francisco Pages Printed at 11:09 am on 1112116