Planning, Administrative Codes - Surcharges for Appeals to the Board of Supervisors
Ord. No. 0002-26
in effectAMENDED IN COMMITTEE
FILE NO. 250440
12/10/2025
ORDINANCE NO. 2-26
[Planning, Administrative Codes - Surcharges for Appeals to the Board of Supervisors]
Ordinance amending the Planning Code and the Administrative Code by superseding
certain provisions of Ordinance No. 149-16 to increase the surcharges on certain
Planning Department fees to compensate the City for appeals of Planning Department
actions to the Board of Supervisors; affirming the Planning Department's
determination under the California Environmental Quality Act; and making findings of
consistency with the General Plan and the eight priority policies of Planning Code,
Section 101.1: and making public necessity. convenience. and welfare findings under
Planning Code. Section 302.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough itelics Times New Romenf(mt.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough Arial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Environmental and Land Use Findings.
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 250440 and is incorporated herein by reference. The Board affirms
this determination.
(b) On July 17, 2025, the Planning Commission, in Resolution No. 21780, adopted
findings that the actions contemplated in this ordinance are consistent, on balance, with the
Supervisor Chan
BOARD OF SUPERVISORS
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City's General Plan and eight priority policies of Planning Code Section 101 .1. The Board
adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the
Board of Supervisors in File No. 250440, and is incorporated herein by reference.
(c} Pursuant to Planning Code Section 302, this Board finds that this Planning Code
amendment will serve the public necessity, convenience, and welfare for the reasons set forth
in Planning Commission Resolution No. 21780, and the Board adopts such reasons as its
own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File
No. 250440 and is incorporated herein by reference.
Section 2. Article 3.5 of the Planning Code is hereby amended by revising Section
350, to read as follows:
SEC. 350 FEES.
* * * *
(d) Surcharges. In addition to fees, a surcharge shall be assessed on some fees to
compensate the Department for the cost of appeals to the Board of Supervisors or the Board
of Appeals. These surcharges are stated in Section 4 of Ordinance No. 149-16 in Board of
Supervisors File No. 160632. These surcharges are not part of base fees as described in
subsection (b) and are not subject to the annual adjustment process described in subsection
(c). However, to fully inform the public, such surcharges shall be included in the Planning
Department Fee Schedule referenced in subsection (c). Notwithstanding the surcharges stated in
Section 4 of Ordinance No. 149-16 in Board o{Supervisors File No. 160632, all surcharges identified
in that Section 4 for appeals to the Board o{Supervisors shall be $240.
In addition, there shall be a surcharge assessed on certain permit fees to fully
compensate the Department for the costs of discretionary review, as detailed in Section 4 of
the aforementioned ordinance. That surcharge will be treated as if it were a base fee, and will
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BOARD OF SUPERVISORS
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be subject to the annual adjustment process described in subsection (c) and included in the
Planning Department Fee Schedule referenced in subsection (c).
* * * *
Section 3. Chapter 31, Article IV of the Administrative Code is hereby amended by
revising Section 31.22, to read as follows:
SEC. 31.22. FEES.
* * * *
(d) Surcharges. In addition to fees, a surcharge shall be assessed on some fees to
compensate the Department for the cost of appeals to the Board of Supervisors. These
surcharges are stated in Section 4 of Ordinance No. 149-16 in Board of Supervisors File No.
160632. Notwithstanding the surcharges stated in Section 4 of Ordinance 149-16 in Board of
Supervisors File No. 160632. all surcharges identified in that Section 4 for appeals to the Board of
Supervisors shall be $240. These surcharges are not part of base fees as described in
subsection (b) and are not subject to the annual adjustment process described in subsection
(c). However, to fully inform the public, such surcharges shall be included in the Planning
Department Fee Schedule referenced in subsection (c).
* * * *
Section 4. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance.
Supervisor Chan
BOARD OF SUPERVISORS
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Section 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
Section 6. Effect of Ordinance on Ordinance No. 149-16; Directions to Clerk of the
Board of Supervisors.
As it pertains to surcharges for appeals to the Board of Supervisors, this ordinance has
the effect of amending and superseding those provisions in Section 4 of Ordinance No. 149-
16 stating such surcharges. Accordingly, to maximize public notice of these changes, upon
the effective date of this ordinance, the Clerk of the Board of Supervisors shall place a copy of
this ordinance in Board File No. 160632, the file for Ordinance No. 149-16, and shall indicate
on the Board's website chart for ordinances enacted in 2016 that Ordinance No. 149-16 has
been superseded in part by this ordinance.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
Isl Bradley A. Russi
BRADLEY A. RUSSI
Deputy City Attorney
n:\leganalas202412500160\.docx
Supervisor Chan
BOARD OF SUPERVISORS
Page 4
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
250440
Date Passed:
January 06, 2026
Ordinance amending the Planning Code and the Administrative Code by superseding certain provisions
of Ordinance No. 149-16 to increase the surcharges on certain Planning Department fees to
compensate the City for appeals of Planning Department actions to the Board of Supervisors; affirming
the Planning Department's determination under the California Environmental Quality Act; and making
findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section
101.1; and making public necessity, convenience, and welfare findings under Planning Code, Section
302.
December 10, 2025 Budget and Finance Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
December 10, 2025 Budget and Finance Committee - RECOMMENDED AS AMENDED
December 16, 2025 Board of Supervisors - PASSED, ON FIRST READING
Ayes: 11 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter,
Sherrill, Walton and Wong
January 06, 2026 Board of Supervisors - Fl NALLY PASSED
City mu/ Co1111ty of S,111 Fra11cisco
Ayes: 1 O - Chan, Chen, Dorsey, Mahmood, Mandelman, Melgar, Sauter, Sherrill,
Walton and Wong
Excused: 1 - Fielder
Page 1
Prilltetl at 9: 18 ,1111 011 117126
File No. 250440
City a11d Cou11ty of Stm Fra11cisco
Daniel Lurie
Mayor
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
1/6/2026 by the Board of Supervisors of the
City and County of San Francisco.
Angela Calvillo
Clerk of the Board
l I ~ I )lo
Date Approved
Printed at 9: 18 £1111011 1/7/26
References
amendsSec. 350
amendsSec. 351
amendsSec. 352
amendsSec. 353
amendsSec. 354
amendsSec. 355
amendsSec. 356
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0002-26.pdfFetched: 7/4/2026