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FILE NO. 180584 ORDINANCE NO. 221-18 [Planning Code - Fees for Certain Permits and Transportation Analysis] Ordinance amending the Planning Code and the fees set forth in Ordinance No. 149-16 to clarify the fees applicable to projects with no or very low construction cost and to change the fees for transportation analysis; and 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 adopting findings 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 strikethrough italics Times }ler!' 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. 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. 180584 and is incorporated herein by reference. The Board affirms this determination. (b) On July 19, 2018, the Planning Commission, in Resolution No. 20237, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board Mayor Breed BOARD OF SUPERVISORS Page 1 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. 180584, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20237 and the Board incorporates such reasons herein by reference. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 180584. (d) In 2016, the Board adopted Ordinance No. 149-16 to establish initial fees and to authorize the Controller to adjust the fees each year to reflect changes in the two-year 1 O average Consumer Price Index (CPI) change for the San Francisco/San Jose Primary Metropolitan Area (PMSA). 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. The Fee Schedule must be made available upon request at the main office of the Department. (e) The Planning Department has recommended a change to the fee charged for Transportation Review Associated with Project Applications, and a clarification to the fees to be charged for review of projects with a low construction cost. Section 2. The Planning Code is hereby amended by revising Section 350, to read as follows: 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 Mayor Breed BOARD OF SUPERVISORS Page 2 exceeding a specified percentage of construction cost. This limit shall apply to certain fees, as set forth in Ordinance No. 149-16 and Ordinance No.221-1'2amending Ordinance No. 149-16. in Board o(Supervisors File No. 180584. * * * * Section 3. This section is uncodified. It amends the Transportation Review Fees established in Ordinance No. 149-16 in Board of Supervisors File No. 160632 as follows. TRANSPORTATION REVIEW ASSOCIATED WITH PROJECT APPLICATIONS. (a) Transportation Study: $23,977 $25,504 plus time and materials as set forth in 1 O Planning Code Section 350(e). Extremely complex transportation studies vv·ill be charged a higher initial fee based on the specifics of the project, which will be outlined in an Agreement between the Department and the project sponsor. Projects that require a transportation study typically require analvsis of several transportation topics within a geographic area that extends beyond the project block. These projects may also be complex because they are multi-phased, require a large infrastructure investment, or are of statewide, regional, or area-wide significance as defined in CEQA, or the analvsis may include both programmatic and project-level review. (b) ~Municipal Transportation Agency review o.f transportation impact study: $4, 612 per study. Site Circulation Review: $9,560 plus time and materials as set forth in Planning Code Section 350(e). Projects that require site circulation review typically require analysis ofa limited, localized analysis of a few transportation topics. Section 4. This section is uncodified. It amends the limits on certain fees established in Ordinance No. 149-16 in Board of Supervisors File No. 160632 as follows. COMMISSION AND ZONING ADMINISTRATOR HEARING APPLICATIONS. Mayor Breed BOARD OF SUPERVISORS Page 3 (a) Conditional Use (Planning Code Section 303), Planned Unit Development (Planning Code Section 304): The initial fee amount is not to exceed 50% of the construction cost. provided that the fees set forth in the table below shall apply to construction with no construction costs, Wireless Telecommunciations Services, and to construction with an estimated cost of$0 to $9,999, notwithstanding that any such fees may exceed 50% of the construction cost. A $120 surcharge shall be added to the fees for a conditional use or planned unit development to compensate the City for the costs of appeals to the Board of Supervisors. * * * * (b) Variance (Planning Code Section 305): Variance fees are subject to additional 1 O time and material charges, as set forth in Planning Code Section 350(e). The initial fee amount is not to exceed 50% of the construction cost, provided 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. A $25 surcharge shall be added to the fees to compensate the City for the costs of appeals to the Board of Appeals. * * * * (c) Downtown (C-3) District Review (Planning Code Section 309) and Coastal Zone Permit (Planning Code Section 330) Applications Commission Hearing Fee Schedule: The initial fee amount is not to exceed 50% of the construction cost,_ provided 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. A $25 surcharge shall be added to the fees to compensate the City for the costs of appeals to the Board of Appeals. * * * * PERMIT APPLICATIONS. (a) Building permit applications for a change in use or alteration of an existing building, to be collected by Central Permit Bureau; provided, however, that the fees charged Mayor Breed BOARD OF SUPERVISORS Page4 for Planning Department approval over-the-counter for the replacement of windows, roofs, siding, and doors shall be reduced to~ one-halfthe fee set forth below. The Planning Department initial fee amount shall not exceed 50% of the construction cost, notwithstanding the foregoing, and provided fitrther that the fees set (Orth in the table below shall apply to construction with an estimated cost of$0 to $9,999, notwithstanding that such fees may exceed 50% ofthe construction cost. Applications for permit revisions are excluded from this limitation. * * * * (b) Building Permit Applications for a New Building: The Planning Department initial fee amount is not to exceed 50% of the construction cost, provided that the fees set (Orth in the table below shall apply to construction with an estimated cost of$0 to $99,999, notwithstanding that such fees mav exceed 50% o[the construction cost; notwithstanding the foregoing, applications for permit revisions are excluded from this limitation. * * * * PRESERVATION APPLICATIONS. (Planning Code Article 10). * * * * (c) Certificate of Appropriateness: $346 for applications with an estimated construction cost less than $1,000; $1,380 for applications with an estimated construction cost less than $20,000, $6,384 for applications with an estimated construction cost $20,000 and more, plus in all cases time and materials in excess of the initial fee as set forth in Planning Code Section 350(e). The initial fee amount is not to exceed 50% of the construction costL provided that the fees shall apply to construction with an estimated cost of $0 to $20, 000, notwithstanding that such fees may exceed 50% ofthe construction cost. A $25 surcharge shall be added to the fees to compensate the City for the costs of appeals to the Board of Appeals. * * * * Mayor Breed BOARD OF SUPERVISORS Page 5 Section 5. 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. Section 6. 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 1 O additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. In addition, amendments herein to Ordinance No. 149-16, an uncodified ordinance, are indicated in the same manner as amendments to the Municipal APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: n:\legana\as2018\1800559\01272176.docx Planning Commission BOARD OF SUPERVISORS Page 6 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180584 Date Passed: September 18, 2018 Ordinance amending the Planning Code and the fees set forth in Ordinance No. 149-16 to clarify the fees applicable to projects with no or very low construction cost and to change the fees for transportation analysis; and 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 adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. June 21, 2018 Budget and Finance Committee - CONTINUED TO CALL OF THE CHAIR September 06, 2018 Budget and Finance Committee - RECOMMENDED AS COMMITTEE REPORT September 11, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 11- Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee September 18, 2018 Board of Supervisors - FINALLY PASSED Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee File No. 180584 London N. Breed Mayor City and County of San Francisco P11gel I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 9/18/2018 by the Board of Supervisors of the City and County of San Francisco. Jr Angela Calvillo 1 Clerk of the Board Date Approved Prii1ted at 4:48 pm 011 9/18118