o0220-25

FILE NO. 250888 ORDINANCE NO. 220-25 [Planning Code - Planning Fees] Ordinance amending the Planning Code to require certain Planning Department fees to be paid to the Department at the time the Development Application is submitted, modify the environmental review fees for large projects, and remove the separate fee schedule for "Class 32" categorical exemptions under the California Environmental Quality Act; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to 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 strtketh:'eugh it-elics Times Alew 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. Land Use and Environmental 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. 250888 and is incorporated herein by reference. The Board affirms this determination. (b) On October 23, the Planning Commission, in Resolution No. 21855, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the Mayor Lurie; Supervisor Dorsey 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. 250888, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21855, 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. 250888 and is incorporated herein by reference. Section 2. Background and General Findings. (a) In 2016, the Board adopted Ordinance No. 149-16 to establish initial Planning Department fees and to authorize the Controller to adjust the fees each year to reflect changes in the two-year average Consumer Price Index (CPI) change for the San Francisco/San Jose Primary Metropolitan Area. The Planning Department publishes the Fee Schedule showing the current fee amounts, inclusive of annual adjustments, in an Appendix to the Planning Code, and posts it on the Planning Department's website. In addition, the Fee Schedule is available at the main office of the Department. (b) Unless otherwise noted, the existing fee amounts shown in Section 5 of this ordinance are those originally enacted in 2016 in Ordinance No. 149-16, and they have not been changed to reflect annual adjustments based on the Consumer Price Index. (c) Since 2016, the Board has adopted several ordinances amending Ordinance No, 146-16, as follows: (1) Ordinance No. 221-18, which made amendments clarifying the fees applicable to projects with no or very low construction costs, and changed the fees for transportation analysis. Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 2 (2) Ordinance No. 189-23, which waived certain fees during Small Business Month. (3) Ordinance No. 127-24, which made amendments to the Board of Appeals fee surcharge. (d) As of September 2, 2025, there is also a pending ordinance, in Board File No. 250440, that would amend the surcharge for appeals to the Board of Supervisors. (e) Since 2017, the Legislature has passed several "streamlining" bills that establish a ministerial approval pathway for development approvals, which has increased the number of projects that do not require discretionary entitlements from the Planning Commission. Such projects still require Planning Department staff review to ensure compliance with state and local objective standards. As the Planning Code now stands, fees for this review are not assessed until a project has submitted a building permit. As a result, the Planning Department does not reliably receive compensation for staff review in a timely manner, and in cases of projects that stall or never seek a building permit, does not receive any compensation. (f) This ordinance ensures that the Planning Department is compensated for its review of building permits by aligning the timing of payment for such review with the time that Planning Department staff review the development application. The ordinance does not modify or change the amount of the fees paid for this review. (g) This ordinance also reduces government constraints on development and enhances government efficiency by standardizing the reduction of certain fees for large projects subject to the California Environmental Quality Act (CEQA). Updating these fees will create a clearer pathway for projects to proceed to development while allowing the Planning Department to operate in a fiscally sustainable manner in reviewing development applications. The reductions in CEQA fees would apply to a project that submits a development application on or after September 2, 2025, the date of introduction of this ordinance at the Board of Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 3 Supervisors. (h) Based on prior amendments to Ordinance No. 149-16, this ordinance makes conforming amendments clarifying the date certain fees were established. (i) Fast, predictable, and transparent permitting processes and reduced fee burdens will help to create new jobs, businesses, and homes in San Francisco, as well as facilitate the City's economic recovery from the COVID-19 pandemic. Commonly referred to as "PermitSF," the City's effort to reform permitting consists of improving the customer experience by streamlining approval processes; promoting governmental accountability to provide certainty about the delivery of government services; and centralizing technology to create a single point of permitting access. Section 3. Articles 1 and 3.5 of the Planning Code are hereby amended by revising Sections 102 and 350, to read as follows: SEC. 102. DEFINITIONS. * * * * ~Development Application:..!! shall wwan ad_ny application for a land use authorization or entitlement, including but not limited to a Project Authorization, bui!:dingpermit, site pennit, Conditional Use, Variance, Large Project Authorization, HOME-SF Project Authorization, authorization pursuant to Article 3 of the Planning Code Sections 305. I, 309, 309. I, or 322, or for any other authorization of a development project required to be approved by the Planning Department, Zoning Administrator, Historic Preservation Commission, or Planning Commission,_ that has been deemed complete by the Planning Department and includes any information necessary to conduct environmental review, determine Planning Code compliance, and conformity with the General Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 4 * * * * SEC. 350. FEES. * * * * (e) Estimated Construction Costs. Estimated construction costs are as defined by the San Francisco Building Code. Certain of the fees specified in Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 160632 place a limit on the fee based on its not exceeding a specified percentage of construction cost. This limit shall apply to certain fees, as set forth in Ordinance No. 149-16L and-Ordinance No. 221-18, amending Ordinance No. 149- 16, in Board <>}Supervisors File l'·lo. 180584, and Ordinance No. 220-25, further amending Ordinance No. 149-16, in Board o(Supervisors File No. 250888. Unless otherwise noted, the fee amounts shown in Ordinance No. 149-16 are the amounts originally established in 2016. The Planning Department maintains the Department's Fee Schedule, which includes any annual adjustments, and is available at the Department and on the Department's website. * * * * (g) Time and Materials. The Planning Department shall charge the applicant for any time and materials costs incurred in excess of the initial fee charged if required to recover the Department's costs for providing services. (1) The Department shall charge time and materials to recover the cost of correcting code violations and violations of Planning Commission and Department conditions of approval of use if such costs are not covered by the monitoring fee for conditions of approval specified in the Planning Department Fee Schedule. (2) Where a different limitation on time and materials charges is set forth elsewhere in this Article 3.5, that limitation shall prevail. Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 5 (3) The Planning Department may also charge the applicant for any time and materials costs incurred by another departmen~ or agencies of the City and County of San Francisco, or may authorize such other departments or agencies of the City and County to charge directly for any time and materials costs incurred by the respective department or agency to recover the cost of correcting code violations and violations of Planning Commission and Department conditions of approval~ * * * * U) Deferred or Reduced Fee; Fee Waivers. * * * * (3) Certain of the fees charged in accordance with subsections (b) and (c) are subject in some circumstances to waiver, as stated in Section 4 of Ordinance No. 149-16---m Board ~fSupen•isors File lVo. 160632, or as stated below. Description of the waivers below does not affect the other waiver provisions in Section 4 of Ordinance No. 149-16.~ Small Business Month Fee Waivers: No Planning Department fees shall apply to a Small Business that applies for a permit for awning replacement or signs on awnings during the month of May. ,Vo Planning Department fees shall apply to a Small Business that applies for a pen·nit for a new awning instaUation or a Business Sign pursuant to Section 60 4 during the months of },lay 2023 andA1-ay 2024. For purposes of this subsection U)(3), a Small Business shall be a business with a total workforce of 100 or fewerfit!l-time employees. To the extent this provision for Small Business Month Fee Waivers differs from the description in subsection (f) on page 43 of Ordinance No. 149-16, this provision governs. * * * * Section 4. Chapter 31, Article IV of the Administrative Code is amended by revising Sections 31.22, and 31.23.1, to read as follows: Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 6 SEC. 31.22. FEES. * * * * (b) Initial &ls-e Fees. The initial -/Ja-se fees to be charged and collected by the Department for the activities performed by the Department under Chapter 31 of this Code are stated in Section 4 of Ordinance No. 149-16---, avaUablc in BoardofSupcn·isors F'ilc No. 160632, as amended by Ordinance No. 220-25, in Board o(Supervisors File No. 250888, and on the website of the Board of Supervisors. The initial -/Ja-se fees stated in Section 4 of that ordinance are the fees in effect as of the date of introduction of the Oerdinance No. 149-16. (c) Annual Adjustment of Initial &ls-e Fees. Consistent with preexisting law, beginning with the setting of fees for fiscal year 2016-2017, the Controller will annually adjust the base fee amounts referenced in subsection (b) and originally stated in Section 4 of Ordinance No. 149-16 in BoardofSupcrvisors F'ilc l'lo. 160632, without further action by the Board of Supervisors, to reflect changes in the two-year average Consumer Price Index (CPI) change for the San Francisco/San Jose Primary Metropolitan Area (PMSA). This process will occur as follows. No later than April 15 of each year, the Director shall submit the Department's current Fee Schedule to the Controller, who shall apply the CPI adjustment to produce a new Fee Schedule for the fiscal year beginning July 1. No later than May 15 of each year, the Controller shall.file #k a report with the Board of Supervisors reporting the new Fee Schedule and certifying that: (1) the fees produce sufficient revenue to support the costs of providing the services for which the fee is charged and (2) the fees do not produce revenue that exceeds the costs of providing the services for which each permit fee is charged. * * * * (f) Time for Payment. The fee specified for an initial study of a project excluding use of special expertise or technical assistance shall be paid to the Planning Department at the Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 7 time of the filing of the environmental evaluation Development Aapplication. Where an environmental impact report is determined to be required, the fee specified for preparation of an ~environmental £-impact B_Feport excluding use of special expertise or technical assistance shall be paid at the time the Notice of Preparation is prepared, except as specified below. However, the Director of Planning or hi.,,/herthe Director's designee may authorize phased collection of the fee for a project whose work is projected to span more than one fiscal year. The balance of phased payments must be paid in full one week in advance of the first scheduled public hearing before the Planning Commission into consider the project or before any Environmental Impact Report is published. * * * * SEC. 31.23.1. COMMUNITY PLAN FEES. (a) The Planning Department shall charge Community Plan Fees for environmental applications filed in adopted Plan Areas effective after July 1, 2005. The fee amounts shall be as stated in Section 4 of Ordinance No. 149-16, mailable in BoaFdafSupervisoFs File l'lo. 160632, as amended by Ordinance No. 220-25, in Board o(Supervisors File No. 250888, and on the website oft1w Bocwd ofSupavisors, as stated in Section 31.22(b) of this Code, and adjusted annually in accordance with the procedure established under Section 31.22(c). * * * * Section 5. This section is uncodified. It amends Section 4 of Ordinance No. 149-16, in Board File No. 160632, which was subsequently amended by Ordinance No. 221-18, in Board File No. 180584, Ordinance No. 189-23, in Board File No. 230559, and Ordinance No. 127-24, in Board File 240456, as follows-:'. The same fonts used to signify additions and deletions as specified in the "Note" that appears under the otficial title ofthis ordinance are used here. Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 8 PERMIT APPLICATIONS. (a) BuildingperN1it Fees for Development A_t1-pplications for a change in use or alteration of an existing building~ or to construct a new building, and that do not require an entitlement from the Planning Commission or Zoning Administrator, shall t-e be collected l3y at the time the Development Application is submitted Central Permit Bureau; provided, however, that the fees charged for Planning Department approval over-the-counter for the replacement of windows, roofs, siding, and doors shall be reduced to one-half the fee set forth below. The Planning Department initial fee amount shall not exceed 50% of the construction cost, notwithstanding the foregoing, and provided further that the fees set forth in the table below shall apply to construction with an estimated cost of $0 to $9,999, notwithstanding that such fees may exceed 50% of the construction cost. Applications for permit revisions are excluded from this limitation. All fee amounts shown in this section are shown in the values originally set forth in Ordinance No. 149-16. in Board File No. 160632, unless noted otherwise. The Planning Department maintains the Planning Department Fee Schedule showing the current fee amounts, inclusive o[any annual adiustments. Estimated Construction Cost $0 to $9,999 Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Initial Fee for Development Application for Changes in Use or Alteration of An Existing Building $359 Initial Fee for Development Applications for New Buildings $2,079, plus $98 Discretionary Review Surcharge and $321 Categorical Exemption Stamp Fee Page 9 $10,000 to $49,999 $50,000 to $99,999 $100,000 to $499,999 $500,000 to $999,999 $1,000,000 to $4,999,999 Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS $368 plus 3. 762% of cost over $10,000 $2,320 plus 2.513% of cost over $50,000 plus $98 Discretionary Review Surcharge and $321 Categorical Exemption Stamp Fee $3,603 plus 2.752% of cost over $100,000 plus $98 Discretionary Review Surcharge and $321 Categorical Exemption Stamp Fee $14,819 plus 0.696% of cost over $500,000 plus $98 Discretionary Review Surcharge and $321 Categorical Exemption Stamp Fee $18,366 plus 0.274% of cost over $1,000,000 plus $98 $2,079, plus $98 DiscretionarJ!.. Review Surcharge and $321 Categorical Exemption Stam{2_ Fee $2,079, elus $98 DiscretionarJ!.. Review Surcharge and $321 Categorical Exemption Stam{2_ Fee $2,080 plus 2. 752% of cost over $100,000, plus $98 DiscretionarJ!.. Review Surcharge and $321 Categorical Exemption Stamp Fee $13,298 elus 0.878% of cost over $500,000, plus $98 DiscretionarJ!.. Review Surcharge and $321 Categorical Exemption Stamt2. Fee $17,775 plus 0.338%0{ cost over Page 10 Discretionary Review $1,000,000, plus $98 Surcharge and $321 Discretionary Review Categorical Exemption Stamp Surcharge and $321 Fee Categorical Exemption Stamp Fee $5,000,000 to $99,999,999 $29,502 plus .004% of cost $31,550 plus 0.005% of over $5,000,000 plus $98 cost of$5,000,000, Discretionary Review plus $98 Discretionary Surcharge and $321 Review Surcharge Categorical Exemption Stamp and $321 Categorical Fee Exemption Stamp Fee $100,000,000 or more $34,062 plus $98 $37,251, plus $98 Discretionary Review Discretionary Review Surcharge and $321 Surcharge and $321 Categorical Exemption Stamp Categorical Exemption Fee Stam12.Fee (1) Application with Verified Violations of the Planning Code: The Planning Department shall charge $1,271 as an inspection fee for monitoring code violation abatements, plus time and materials as set forth in Planning Code Section 350(e). (2) Back-Check Fee for Permit Revisions: $229 for the initial fee, plus time and materials as set forth in Planning Code Section 350(e), to be collected at time of permit issuance. A $-JJ surcharge of$44 as ofthe effective date of Ordinance No. 127-24, in Board File No. 240456, and as may be increased over time pursuant to that ordinance, shall be added to the fees to compensate the City for the costs of appeals to the Board of Appeals. Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 11 (3) Shadow Impact Fee for New Construction or Alteration Exceeding 40 Feet in Height (Planning Code Section 295): Additional $526 plus time and materials as set forth in Planning Code Section 350(e). Am surcharge o{$44 as of the e{fective date of Ordinance No. 127-24, in Board File No. 240456, and as may be increased over time pursuant to that ordinance, shall be added to the fees to compensate the City for the costs of appeals to the Board of Appeals. (4) Public Notification Fee for Projects Requiring Public Notice Pursuant to Planning Code Section 311: $54, plus $3.26 per envelope (subject to increase based on envelope and postage costs). Am surcharge of$44 as of the e{fective date of Ordinance No. 127-24, in Board File No. 240456, and as may be increased over time pursuant to that ordinance, shall be added to the fees to compensate the City for the costs of appeals to the Board of Appeals. The City's reprographics department will print and mail public notices. (5) Public ,V-otificflti0n Fee for Projects Requiring Public ,V-otice Pursuflnt to ,Plmming Code Section 312: $54, plus $1.13 per eHvelope (subject to increase based on envelope and postage costs). A $25 surcharge shall be added to the fees to compeHsate the City.for the costs <>J appeals to the Board <>}Appeals. The City's reprographics department will print aHd mail public notices. (6) For projects with a construction cost of $100,000, 000 or more, the applicant shall be charged the per."l'iit fee for a project with a $100, 000, 000 coHstructio,"I cost. (I+) Permits for solar panels and over-the-counter permits for solar equipment installation shall be $154 per permit. Am surcharge 0($44 as ofthe efjective date of Ordinance No. 127-24, in Board File No. 240456, and as may be increased over time pursuant to that ordinance, shall be added to the fees to compensate the City for the costs of appeals to the Board of Appeals. Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 12 (e) Building Permit Applications for a New Building: The Planning De-partrnent initial fee amount is not to exceed 50% of the construction cost providedfurther that the fees set forth in the table below shall apply to constrttction with an esti,"lwted cost of$0 to $9,999, notwithstanding that such fees mt1y exceed 50% of the construction cost; notwithstanding the .foregoing, applications fi:Jr permit re,1isions are excludec{from this limitation. Estimated GJ,'ititFuction Gost $0 to $99,999 $100, 000 to $ 499, 999 $5 00, 000 to $999,999 $1, 000, 000 to $4,999, 999 $5,000, 000 to $99,999,999 $100,000,000 or more Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS l-nitial ... ~e $2, 0 79, plus $98 Discretionary Re'.>1iew Surchat<ge and $321 Categorical Exernption Stamp 1~e $2, 080plus 2. 752% of cost mer $100, OOOplus $98 Discretionary Review Surcharge and $321 Gategorical ExemptioH Stamp i~e $13,298plus 0.878% ofcost over $500,000phis $98 Discretionary Review Surcharge ar,d $321 Categorical Exemptio,9 Stamp Fee $17, 775plus 0.338% ofcost over $1,000,000 plus $98 Discretionery Review Surcharge tmd $321 Getegorical Exem·ption Sta,wp Fee $31,550plus 0.005% ofcost of$5,000,000plus $98 Disaetior,ary Review Surchaf'ge er,d $321 Gategoricel ExernptioH Stmnp Fee $3 7, 251plus $98 Discretio;wry Re·,.iew Surcht1rge and $321 Getegorirnl Exemptior, St-eHtp Fee Page 13 (I) Applications with Verified Violatio1'ls &jthe Planning Code: $1,271 as an inspection fee for Hwnitoring Code .,,,iolation abateHwnts. (f2..e) Demolition Applications, t0 he collected by Central Permit Bureau: $1,621. A $-8- surcharge 0($44 as ofthe effective date of Ordinance No. 127-24, in Board File No. 240456, and as may be increased over time pursuant to that ordinance, shall be added to the fees to compensate the City for the costs of appeals to the Board of Appeals. (fd) Fire, Police, Entertainment Commission, State Alcohol & Beverages Control,. and Health Department Permit Applications Referral Review: $137 initial fee collected by the other departments in conjunction with current fee collections, plus time and materials as set forth in Planning Code Section 350(e). (d_e) Sign Permit Applications, t0 he collected by Central:Per-mit Bureau: $143. A $-8- surcharge 0($44 as o(the effective date of Ordinance No. 127-24, in Board File No. 240456, and as may be increased over time pursuant to that ordinance, shall be added to the fees to compensate the City for the costs of appeals to the Board of Appeals. Small Bu.'iiness ,~lonth Fee Waiver: l'lo Planning Depart:-nent fees shall apply for pennits issued to Small Business Enterprises in the month ofAfay for awning replacement and for signs on awnings. For purposes &/this Subsection(!), tt Small Business Enterprise shall be a business that has I 00 or fewer employees. The Pla1ming DepartHwnt and the Dept:rhnent of Building !11spection shall establish ti process by which those two dept1rt:nents 1,vill cert[/ji that en applicant is a SHwll Business Enterprise for the purpose of this Subsection (f) and Section 1 I OA, Tab!:es 1A A and IA E of the Building Code. * * * * ENVIRONMENTAL REVIEW. (a) The Planning Department shall charge the following fees to applicants for projects located outside of recently adopted Plan Areas (adopted after July 1, 2005) that do Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 14 not require one or more of the following, which will be initiated through the adoption of an Area Plan: Code amendments for the height or bulk district and General Plan amendments, as specified in Administrative Code Section 31.21: ( 1) For an initial study of a project excluding use of special expertise or technical assistance, as described in Administrative Section 31.23, the initial fee shall be: Where the total estimated construction cost as defined by the San Francisco Building Code is between $0 and $9,999: $1,203; Where said total estimated construction cost is $10,000 or more, but less than $200,000: $4,682 PLUS 2.276% of the cost over $10,000; Where said total estimated construction cost is $200,000 or more, but less than $1,000,000: $9,092 PLUS 1.721 % of the cost over $200,000; Where said total estimated construction cost is $1,000,000 or more, but less than $10,000,000: $23,127 PLUS 1.445% of the cost over $1,000,000; Where said total estimated construction cost is $10,000,000 or more, but less than $30,000,000: $155,622 PLUS 0.445% of the cost over $10,000,000; Where said total estimated construction cost is $30,000,000 or more, but less than $50,000,000: $246,327 PLUS 0.167% of the cost over $30,000,000; Where said total estimated construction cost is $50,000,000 or more, but less than $100,000,000: $280,403 PLUS 0.041 % of the cost over $50,000,000; Where said total estimated construction cost is $100,000,000 or more: $300,903 PLUS 0.016% ofthe cost over $100,000,000. An applicant proposing major revisions to a project application that has been inactive for more than six months and is assigned shall submit a new application. An applicant proposing significant revisions to a project which has not been assigned and for which an application is on file with the Planning Department shall be charged time and materials to Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 15 cover the full costs in excess of the initial fee paid. A $120 surcharge shall be added to this fee to compensate the City for the costs of appeals to the Board of Supervisors. (2) For preparation of an environmental impact report excluding use of special expertise or technical assistance, as described in Administrative Code Section 31.23, the initial fee shall be: Where the total estimated construction cost as defined in the San Francisco Building Code is between $0 to $199,999: $26,729; Where said total estimated construction cost is $200,000 or more, but less than $1,000,000: $26,729 PLUS 0.657% of the cost over $200,000; Where said total estimated construction cost is $1,000,000 or more, but less than $10,000,000: $32,231 PLUS 0.445% of the cost over $1,000,000; Where said total estimated construction cost is $10,000,000 or more, but less than $30,000,000: $73,049 PLUS 0.182% of the cost over $10,000,000; Where said total estimated construction cost is $30,000,000 or more, but less than $50,000,000: $110,243 PLUS 0.049% of the cost over $30,000,000; Where said total construction cost is $50,000,000 or more, but less than $100,000,000: $120,381 PLUS 0.049% of the cost over $50,000,000; Where said total estimated construction cost is $100,000,000 or more: $145,939 PL[lS 0.016% <>/the cost o;.,1er $100,000,000. An applicant proposing major revisions to a project application that has been inactive for more than six months and is assigned shall submit a new application. An applicant proposing significant revisions to a project which has not been assigned and for which an application is on file with the Planning Department shall be charged time and materials to cover the full costs in excess of the initial fee paid. Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 16 (3) For an appeal to the Planning Commission: The fee shall be $562 to the appellant; provided, however, that the fee shall be waived if the appeal is filed by a neighborhood organization that: (A) has been in existence for 24 months prior to the appeal filing date, (B) is on the Planning Department's neighborhood organization notification list, and (C) can demonstrate to the Planning Director or the Director's his/her designee that the organization is affected by the proposed project. An exemption from paying this appeal fee may be granted when the requestor's income is not enough to pay for the fee without affecting his or herrequestor 's ability abilities to pay for the necessities of life, provided that the person seeking the exemption demonstrates to the Planning Director or the Director's his/her designee that he-e-r-shethe person is substantially affected by the proposed project. (4) For an appeal to the Board of Supervisors of environmental determinations, including the certification of an EIR, a negative declaration, or determination of a categorical exemption, the fee shall be $562 to the appellant; provided, however, that the fee shall be waived if the appeal is filed by a neighborhood organization that: (A) has been in existence for 24 months prior to the appeal filing date, (B) is on the Planning Department's neighborhood organization notification list, and (C) can demonstrate to the Planning Director or the Director's his/her designee that the organization is affected by the proposed project. Fees shall be used to defray the cost of appeal for the Planning Department. Such fee shall be refunded to the appellant in the event the Planning Department rescinds its determination or the Board of Supervisors remands or rejects the environmental impact report, negative declaration, or determination of a categorical exemption to the Planning Commission for revisions based on issues related to the adequacy and accuracy of the environmental determination. An exemption from paying this appeal fee may be granted when the requestor's income is not enough to pay for the fee without affecting his or herthe requestor 's ability to pay for the necessities of life, provided that the person seeking the exemption Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 17 demonstrates to the Clerk of the Board of Supervisors or the Clerk's his/her designee that he-& ,s-hethe person is substantially affected by the proposed project. (5) For preparation of an addendum to an environmental impact report that has previously been certified, pursuant to Section 15164 of the State CEQA GuidelinesL:=- or reevaluation of a modified project for which a negative declaration has been prepared: $25,174 plus time and materials as set forth in Administrative Code Section 31.22(e). (6) For preparation of a supplement to a draft or certified final environmental impact report: One-half of the fee that would be required for a full environmental impact report on the same project, as set forth in Paragraphsubsection (a)(2) above, plus time and materials as set forth in S~ubsection (b)(2). A $120 surcharge shall be added to this fee to compensate the City for the costs of appeals to the Board of Supervisors. (7) (A) For preparation of a Certificate of Exemption from Environmental Review determining that a project is categorically exempt, statutorily exempt, ministerial/nonphysical, an emergency, or a planning and feasibility study: $321 for applications that require only a stamp, $6,278 as an initial fee for applications that require an Certificate o(Exemption Certificate, plus time and materials as set forth in S~ubsection (b)(2). A $120 surcharge shall be added to this fee to compensate the City for the costs of appeals to the Board of Supervisors. (BJ For preparation o.f a Ciass 32 Certificate ofExeNiptionfrom Environmental Rm,1iew determining that a pmject is categorically exonpt, the initial fee shall be: Where the total estimated construction cost as defined by the San Francisco Building Code is between $0 and $9,999: $11,544; Where said total estimated construction cost is $10,000 or n9ore, but less than $200,000: $11,544 PLUS 0.201% ofthe cost over $10,000; Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 18 Where said total estimated construction cost is $200,000 or more, but less them $1,000,000: $11,926 PLrJS 0.190% of the cost over $200,000; Where said total estimated coHstructioN cost is $1,000,000 or more, but less than $10,000, 000: $13, 116 PL US 0. 05 7% of the cost over $1, 000, 000; Where said total estimated construction cost is $10,000,000 or more: $18,709 PLUS 0. 426% of the cost o·e1er $10,000,000. A $120 surcharge shall be added to this fee to cmnpensate the City for the costs of appeals to the Board of Supervisors. (8) For preparation of an exemption that requires review of historical resource issues only, the following fees apply. For a determination of whether a property is an historical resource under CEQA, the fee is $2,630. For a determination of whether a project would result in a substantial adverse change in the significance of an historical resource, the fee is $3,648. A $120 surcharge shall be added to this fee to compensate the City for the costs of appeals to the Board of Supervisors. (9) For preparation of a letter of exemption from environmental review: $321, plus time and materials as set forth in Administrative Code Section 31.22(e). (10) For review of a categorical or statutory exemption prepared by another City Agency, such as the Municipal Transportation Agency or the Public Utilities Commission: $270, plus time and materials as set forth in Administrative Code Section 31.22(e). (11) For reactivating an application that the Environmental Review Officer has deemed withdrawn due to inactivity and the passage of time, subject to the approval of the Environmental Review Officer and within six months of the date the application was deemed withdrawn: $237 plus time and materials to cover any additional staff costs. (12) Monitoring Conditions of Approval and Mitigation Monitoring: Upon adoption of conditions of approval and/or mitigation measures which the Environmental Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 19 Review Officer determines require active monitoring, the fee shall be $1,271, as an initial fee, plus time and materials as set forth in Administrative Code Section 31.22(e). (b) The Planning Department shall charge the following Community Plan Fees for environmental applications filed in adopted Plan Areas effective after July 1, 2005: ( 1) For Class 1 and 3 Exemptions: same as basic fees outlined in Section (a)(8) and (10) above. (2) For determination of the appropriate environmental document: $14,017 and any fee pursuant to Administrative Code Section 31.23.1 (a)-(c). In addition, the applicant shall pay the following fees as applicable €lppropriate: (A) If the determination is that the project qualifies for a Community exemption or exclusion or General Plan exemption, the applicant shall pay a fee of $7,659. A $120 surcharge shall be added to this fee to compensate the City for the costs of appeals to the Board of Supervisors. (B) If the determination is that the project does not qualify for a Community exemption or exclusion, the applicant shall pay fees as set forth in S~ubsection (c) below. (c) The fees for projects determined not to qualify for a Community exemption or exclusion are as follows. A $120 surcharge shall be added to these fees to compensate the City for the costs of appeals to the Board of Supervisors: ( 1) For an initial study excluding use of special expertise or technical assistance the initial fee shall be: Where the total estimated construction cost as defined by the San Francisco Building Code is between $0 and $9,999: $1,499; Where said total estimated construction cost is $10,000 or more, but less than $200,000: $6,227 PLUS 2.833% of the cost over $10,000; Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 20 Where said total estimated construction cost is $200,000 or more, but less than $1,000,000: $11,715 PLUS 2.141 % of the cost over $200,000; Where said total estimated construction cost is $1,000,000 or more, but less than $10,000,000: $29,178 PLUS 1.796% of the cost over $1,000,000; Where said total estimated construction cost is $10,000,000 or more, but less than $30,000,000: $194,017 PLUS 0.553% of the cost over $10,000,000; Where said total estimated construction cost is $30,000,000 or more, but less than $50,000,000: $306,896 PLUS 0.208% of the cost over $30,000,000; Where said total estimated construction cost is $50,000,000 or more, but less than $100,000,000: $349,413 PLUS 0.049% of the cost over $50,000,000; Where said total estimated construction cost is $100,000,000 or more: $374,723 PL[JS 0.019% ofthe cest ever $100,000,000. An applicant proposing major revisions to a project application that has been inactive for more than six months and is assigned shall submit a new application. An applicant proposing significant revisions to a project which has not been assigned and for which an application is on file with the Planning Department shall be charged time and materials to cover the full costs in excess of the initial fee paid. (2) For preparation of an environmental impact report excluding use of special expertise or technical assistance, the initial fee shall be: Where the total estimated construction cost as defined in the San Francisco Building Code is between $0 to $199,999: $33,263; Where said total estimated construction cost is $200,000 or more, but less than $1,000,000: $33,263 PLUS 0.818% of the cost over $200,000; Where said total estimated construction cost is $1,000,000 or more, but less than $10,000,000: $40,113 PLUS 0.553% of the cost over $1,000,000; Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 21 Where said total estimated construction cost is $10,000,000 or more, but less than $30,000,000: $90,908 PLUS 0.227% of the cost over $10,000,000; Where said total estimated construction cost is $30,000,000 or more, but less than $50,000,000: $137,223 PLUS 0.061 % of the cost over $30,000,000; Where said total construction cost is $50,000,000 or more, but less than $100,000,000: $149,941 PLUS 0.061 % of the cost over $50,000,000; Where said total estimated construction cost is $100,000,000 or more: $181,737 PLUS 0.019% &fthe cost mer $100,000,000. An applicant proposing major revisions to a project application that has been inactive for more than six months and is assigned shall submit a new application. An applicant proposing significant revisions to a project which has not been assigned and for which an application is on file with the Planning Department shall be charged time and materials to cover the full costs in excess of the initial fee paid. (3) For the preparation of a focused Environmental Impact Report: one-half the fee that would be required for a full environmental impact report, as set forth in Paragraphsubsection (c)(2) above, plus time and materials. (4) The fees listed listed in subsection (c) above will sunset 20 years after the effective date of Plan Adoption. Section 6. 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. Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 22 Section 7. 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 8. Effect of Ordinance on Ordinance No. 149-16; Directions to Clerk of the Board of Supervisors. As it pertains to Planning fees, this ordinance has the effect of amending and superseding certain of those provisions in Section 4 of Ordinance No. 149-16 setting the fees. 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. Section 9. Retroactivity. As noted in Section 5, the fee reductions in Section 5 of this ordinance shall apply to any project that submits a Development Application on or after September 2, 2025. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ AUSTIN M. YANG Deputy City Attorney n:\legana\as202512500381 \01865767.docx Mayor Lurie; Supervisor Dorsey BOARD OF SUPERVISORS Page 23 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 250888 Date Passed: November 18, 2025 Ordinance amending the Planning Code to require certain Planning Department fees to be paid to the Department at the time the Development Application is submitted, modify the environmental review fees for large projects, and remove the separate fee schedule for "Class 32" categorical exemptions under the California Environmental Quality Act; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. November 03, 2025 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT November 03, 2025 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT November 04, 2025 Board of Supervisors - PASSED, ON FIRST READING Ayes: 10 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton November 18, 2025 Board of Supervisors - Fl NALLY PASSED City mu[ Co1111ty of Sau Fra11cisco Ayes: 10 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton Page 1 Pri11ted at 9:32 am 011 11/19/25 File No. 250888 City all(/ County of San Francisco Daniel Lurie Mayor I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 11/18/2025 by the Board of Supervisors of the City and County of San Francisco. tJO'V l J Date Approved Printed at 9:32 am 011 11/19/25