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FILE NO. 250889 ORDINANCE NO. 221-25 [Business and Tax Regulations, Planning Codes - Appeal Timelines for Zoning Administrator Actions] Ordinance amending the Business and Tax Regulations Code and the Planning Code to clarify time periods for appeals of decisions or determinations by the Zoning Administrator; 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 st-rikcthroitgh italics Times l'l-e~v Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial 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 General Plan 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. 250889 and is incorporated herein by reference. The Board affirms this determination. (b) On October 24, 2025, the Planning Commission, in Resolution No. 21849, 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 adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Mayor Lurie BOARD OF SUPERVISORS Page 1 Board of Supervisors in File No. 250889, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board finds that the Planning Code amendments in this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21849, 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. 250889 and is incorporated herein by reference. Section 2. Article 1 of the Business and Tax Regulations Code is hereby amended by revising Section 8, to read as follows: SEC. 8. METHOD OF APPEAL TO THE BOARD OF APPEALS. (a) Except for ,'ariancc dccisitms and permits issued by the Entertainment Commission or its Director, and as otherwise specified in this Section 8, Planning Code Section 1006. 7, Planning Code Section 308.2, or as specifically provided in other sections o(the Municipal Code, appeals to the Board of Appeals shall be taken within 15 days from the making or entry of the order or decision from which the appeal is taken. Appeals of variance decisions shall be taken within 10 days after the date o(the written variance decision. * * * * Section 3. Article 3 of the Planning Code is hereby amended by revising Section 308.2, to read as follows: II II II SEC. 308.2. APPEALS: VARIANCES AND ADMINISTRATIVE ACTIONS. Mayor Lurie BOARD OF SUPERVISORS Page 2 (a) Right of Appeal. The action of the Zoning Administrator, in granting or denying a variance application as described in Section 305 and Sections 306 through 306.5, or in making any order, requirement, decisionL or other determination, other than a variance, shall be subject to appeal to the Board of Appeals in accordance with this Section 308.2 and Section 8 ofthe Business and Tax Regulations Code. Such an appeal may be taken by any person aggrieved or by an officer, boardL or commission of the City and County. An appeal shall stay all proceedings in furtherance of the action appealed from. (b) Notice of Appeal. Any appeal under this Section 308.2 shall be taken by filing written notice of appeal with the Board of Appeals within.::_ 10 days after the date of the written variance, rear yard modification permitted by Section 134. reasonable modification, or elevator height exemption decision of the Zoning Administrator,:_, & within 30 days of a Notice of Violation, Notice of Violation and Penalty Decision, or Notice of Additional Compliance Action and Accrued Penalties issued by the Zoning Administrator,· or within 15 days of any other written determination of the Zoning Administrator. * * * * 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. II II II II Mayor Lurie 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. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: ;_;;/s"--/---=---~------ KRISTEN A. JENSEN Deputy City Attorney n:\leganalas202512600025101864440.docx Mayor Lurie 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: 250889 Date Passed: November 18, 2025 Ordinance amending the Business and Tax Regulations Code and the Planning Code to clarify time periods for appeals of decisions or determinations by the Zoning Administrator; 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. October 27, 2025 Land Use and Transportation Committee - RECOMMENDED 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 Ayes: 10 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton File No. 250889 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. City 1111d Co1111ty of S1111 Francisco Daniel Lurie Mayor Page 1 f Angela Calvillo Clerk of the Board I Date Approved Printed at 9:32 11111 011 11/19/25