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107A.1 General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction.
107A.1.2 Exemption from fees. The fees provided for in this chapter shall not apply to permits issued to perform work on buildings which are owned and occupied by the Federal or State governments. The San Francisco Housing Authority shall be exempt from all permit fees in this chapter except State mandated fees and record retention fees. Permits required under this code for buildings and sites owned or leased by the City and County of San Francisco shall be subject to all fees set forth in this chapter.
107A.2 Permit Issuance Fees. The minimum permit fee per Section 110A, Table 1A-A – Building Permit Fees – shall be paid at the time an application for a building permit is issued. The New Construction Permit Fee Schedule applies to new buildings or structures. The Alteration Permit Fee Schedule applies to alterations, repairs, additions or other work on an existing building or structure, or to the modification of the scope of an approved permit as required by Section 106A.4.7.
The determination of value or valuation under any of the provisions of this code shall be made by the Building Official. The value to be used in computing the permit issuance and plan review fees shall be the final valuation upon completion of all construction work for which the permit is issued, as well as all finish work, painting, roofing, mechanical, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and all other permanently installed equipment and construction, even though other permits to perform such work may be required.
The valuation shall be calculated at the time of permit issuance according to a cost schedule posted in the office of the Department or by actual construction cost, whichever is greater. The valuation shall be recalculated at the time of any addenda and/or revision issuance. Any additional fees due resulting from the recalculation of valuation shall be paid prior to addenda and/or revision issuance. The cost schedule shall be adjusted annually based on construction cost data reported by a variety of sources, including without limitation, local contractors, design professionals, cost estimators or nationally published construction cost data books or websites. Contractor overhead and profit shall be reflected in the schedule. The Building Inspection Commission is authorized to waive the annual cost schedule adjustment if it determines that increasing the fees will exceed the cost of providing the services for which the fees are paid.
107A.3 Plan review fees.
(a) When submittal documents are required by Section 106A.3.2, a plan review fee shall be paid at the time of filing an application for a permit for which plans are required pursuant to Section 106A.3.2. Said plan review fee shall be based on the valuation determined by Section 107A.1. See Section 110A, Table 1A-A – Building Permit Fees – for applicable fee.
The plan review fees specified in this section are separate fees from the permit issuance fees specified in Section 107A.2 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106A.3.4.2, an additional plan review fee shall be charged as shown in Section 110A, Table 1A-B – Other Building Permit and Plan Review Fees.
(b) If a project involves voluntary seismic retrofit upgrades to soft-story, wood-frame buildings, as defined by the Building Official, the applicant for said project shall be exempt from the proportionate share of plan review fees specified under this Chapter that is related to such retrofit work, provided all permit conditions and timelines are met.
107A.3.1 Reduced plan review fee. A reduced plan review fee shall be collected for reviewing submittal documents identical to those filed within one year of the original approved construction documents for which the full plan review fee was paid. For this purpose, plans may be considered identical when they contain only such minor differences as exterior finishes, or if they are identical but opposite hand. See Section 110A, Table 1A-B
– Other Building Permit and Plan Review Fees – for the second and each subsequent set of identical submittal documents within the stated time period. To obtain this reduction, the applicant shall submit a copy of the original approved construction documents for which the full plan review fee was paid.
When the submittal documents are substantially changed from those that were previously approved, an additional full plan review fee shall be charged. See Section 110A, Table 1A-B – Other Building Permit and Plan Review Fees – for applicable fee.
107A.3.2 Tenant improvement work. An application for tenant improvement work shall state at the time of filing whether the permit is to include the partition and other improvement work for the entire building. If this work is not to be included, the valuation shall be reduced accordingly. The installation of such work shall then require permits for alteration work, the fees for which shall be in accordance with Section 110A, Table 1A-A – Building Permit Fees.
107A.3.3 Improvement work. When the application is for first-time improvement work in a new building and the valuation of such work was included in the valuation of the original building permit, the valuation for each alteration permit for part or all of such work shall be shown as $500, and the permit fee shall be collected accordingly.
107A.3.4 Site permit and addenda fees. The permit fee for projects submitted under the site permit and addenda process shall be based on Section 110A, Table 1A-A – Building Permit Fees and additional fees as stated in Table 1A-B – Other Building Permit and Plan Review Fees. Twenty-five percent of the plan review fee shall be paid at the time of site permit application submittal, and shall be credited toward the final plan review fee payment at the time of the first construction addendum submittal as determined by the Building Official. One hundred percent of the permit issuance fee shall be paid at the time of the first construction addendum issuance as determined by the Building Official.
107A.4 Expiration of plan review. (See Section 106A.3.7.)
107A.5 Investigation Fees: Work Without a Permit. Whenever any work, for which a permit is required under the provisions of this code, has been started without a permit and where no specific additional fees are imposed as penalties as provided in this chapter, a special investigation shall be made before a permit may be issued for such work. See Section 110A, Table 1A-K – Penalties, Hearings, Code Enforcement Assessments – for applicable fee. Where only a portion of the work has been commenced without a permit, the investigation fee shall be based upon the portion of the work done without a permit. The cost of any penalty for any work done, in conjunction with the investigation fee, shall be borne by the owner.
The owner or owner’s agent may appeal the amount of the investigation fee if they can provide just cause, such as unfamiliarity with this code or demonstrable negligence on the part of one of their employees.
The Building Official may reduce the investigation fee to two times the amount of the permit fee as called for in Section 110A, Table 1A-A – Building Permit Fees – of this code for work that was constructed prior to the current building ownership, provided that substantiating documentation is provided.
Where the Building Official rules against the applicant, appeals of such investigation fee shall be filed with the Board of Appeals in the manner provided in Section et seq. of the Business & Tax Regulations Code. Such filing shall be subject to the fees and rules of the Board of Appeals. The Board of Appeals, in reviewing the appeal of the investigation fee assessed for doing work without a permit, may reduce the amount of said fee, but in no case shall such reduced investigation fee be less than two times the amount of the permit fee as called for in Section 110A, Table 1A-A – Building Permit Fees – of this code.
107A.6 Fee refunds. When no work has been done and the project has been abandoned or the permit expired per Section 106A.4.4, by limitation, a portion of the building issuance fee paid shall be refunded upon written request of the owner when such request is made within six months of permit expiration. See Section 110A, Table 1A-R – Refunds – for applicable refund.
107A.6.1 Plan review fees. When an application is withdrawn, the plan review fee paid may be partially refunded upon written request in the case no site inspection had been made by Department personnel, and
plan review had not started within any division of the Department. See Section 110A, Table 1A-R – Refunds – for applicable refund. For other cases, the amount of refund, if any, shall be determined by the Building Official, based on the amount of permit processing work already completed on the application at the time it was withdrawn. Requests for refunds must be made within 30 days of withdrawal by the applicant to the Building Official.
107A.6.2 Fees in error. If the Building Official determines that an error has been made in the assessment of fees, a refund for the portion determined to be in error may be made upon written request by the applicant. See Section 110A
, Table 1A-R – Refunds – for applicable refund.
107A.7 Strong Motion Instrumentation Program Fee. Pursuant to the provisions of Section 2705 of the Public Resources Code of the State of California, a fee shall be assessed for all building permits except demolitions. See Section 110A
, Table 1A-F – Specialty Permit Fees – for applicable fee. All such fees collected shall be handled in accordance with the provisions of Section 2706 of said Public Resources Code.
107A.7.1 Strong Motion Revolving Fund. That portion of the strong motion instrumentation fee retained by the Department as provided for in Section 2705 of the Public Resources Code of the State of California shall be deposited into a special Strong Motion Revolving Fund established by the City Controller. Funds from this revolving fund shall be used, subject to the approval of the Building Official and the Building Inspection Commission, to defray personnel and equipment costs incurred in carrying out the State mandate. The Strong Motion Revolving Fund shall continue from year to year, and shall not be included in the Cash Reserve Fund.
107A.7.2 California Building Standards Commission administration fee. Pursuant to the provisions of California Health and Safety Code Sections 18930.5, 18931.6, 18931.7 and 18938.39 relating to building materials, cities and counties are required to assess a fee for all building permits. See Section 110A
, Table 1A-J for applicable fee. All such fees shall be handled in accordance with the provisions of Section 18931.7 of said Health and Safety Code.
107A.7.2A California Building Standards Commission Fund. That portion of the fee assessed pursuant to Section 107A.7.2 relating to building materials that is retained by the Department of Building Inspection shall be deposited into the California Building Standards Commission Fund established by the City Controller. Funds from this category 2 fund shall be used, subject to the approval of the Building Official and the Building Inspection Commission, for administrative costs and code enforcement education, including but not limited to, certification in the voluntary construction inspector certification program. The California Building Standards Commission Fund shall continue from year to year and shall not be included in the Cash Reserve Fund.
107A.7.3 Technology surcharge on permits. A technology surcharge is hereby established on the cost of permit applications that the Department of Building Inspection processes for all departments and bureaus of the City and County of San Francisco. The surcharge proceeds are to be used solely for the implementation and maintenance of the City-wide Permit and Project Tracking System. The funds shall continue from year to year and shall not be included in the Cash Reserve Fund. See Section 110A
, Table 1A-J for the applicable surcharge.
107A.8 Delinquent fees/dishonored checks. Permits will not be issued to any person having outstanding or delinquent balances or dishonored checks on file with the Department of Building Inspection.
107A.9 Survey. A building survey may be requested when a building inspector’s assistance is desired to establish code compliance of existing or proposed construction. See Section 110A
, Table 1A-G – Inspections, Surveys and Reports – for applicable fees.
107A.10 Building numbers and fees. Every person shall obtain an official street number assignment at the time the person files a permit application or establishes a new parcel and shall place the numbers so assigned on the building in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall not be less than 4 inches (101.6 mm) in height with a minimum stroke width of 1/2 inch (12.7 mm) [Reference CRC R319.1] and shall be a contrasting color to the background. All numbers must be made of substantial and permanent material and must be so affixed as not to be easily effaced or removed. Any additional or changed numbers assigned to a building shall be subject to the provisions of this section. See Section 110A, Table 1A-J – Miscellaneous Fees – for applicable fee.
107A.11 Fees for reproduction of reports, records and documents for the public.
107A.11.1 General. In order to provide for the cost of reproducing inspection reports, records, documents and other material in the Department files for the public, including but not limited to records on microfilm, a fee shall be required, payable in advance. Fees shall be chargeable to all persons, as well as City departments; when such reproduction is in response to subpoenas of records, the attorney requesting such records shall pay the fees. All fees collected shall be deposited into the Building Inspection Fund.
107A.11.2 Reproduction fees. The fees shall be determined based upon the number of pages, type of record, size of microfilm reproduced and the number of copies required. All costs of reproduction shall require the pickup of said reproduced material at the office of the Department unless costs of delivery are provided. The Building Official may make any other rules or regulations necessary to provide for the reproduction of material consistent with the intent of this section. See Section 110A, Table 1A-L – Electrostatic Reproduction – for applicable fees.
107A.12 Fees for services and regulatory functions of the Department. Fees for all services and regulatory functions of the Department as established in various chapters of the San Francisco Municipal Code shall be imposed pursuant to Section 110A et seq.
107A.13 Development impact and in-lieu fees.
107A.13.1 Definitions.
(a) The following definitions shall govern interpretation of this Section:
(1) “City” shall mean the City and County of San Francisco.
(2) “Department” shall mean the Department of Building Inspection.
(3) “Development fee” shall mean either a development impact fee or an in-lieu fee. It shall not include a fee for service or any time and material charges charged for reviewing or processing permit applications.
(4) “Development impact fee” shall mean a fee imposed on a development project as a condition of approval by the various departments and agencies of the City and levies against development projects by the San Francisco Unified School District under Section 17620 of the California Education Code and other provisions of State law to mitigate the impacts of increased demand for public services, facilities or housing caused by the development project that may or may not be an impact fee governed by the California Mitigation Fee Act (California Government Code Section 66000 et seq.)
(5) “Development impact requirement” shall mean a requirement to provide physical improvements, facilities or below market rate housing units imposed on a development project as a condition of approval to mitigate the impacts of increased demand for public services, facilities or housing caused by the development project that may or may not be governed by the California Mitigation Fee Act (California Government Code Section 66000 et seq.).
(6) “Development project” shall mean a project that is subject to a development impact or in-lieu fee or development impact requirement.
(7) “First certificate of occupancy” shall mean either a temporary certificate of occupancy or a Certificate of Final Completion and Occupancy as defined in San Francisco Building Code Section 109A, whichever is issued first.
(8) “First construction document” shall mean the first building permit issued for a development project or, in the case of a site permit, the first building permit addendum issued or other document that authorizes construction of the development project. Construction document shall not include permits or addenda for demolition, grading, shoring, pile driving, or site preparation work.
(9) “In-lieu fee” is a fee paid by the project sponsor in lieu of complying with a City requirement that is not a development impact fee within the meaning of the Mitigation Fee Act.
(10) “Neighborhood Infrastructure Seed Fund” shall mean the fund or funds established by the Controller’s Office for the purpose of collecting the 20 percent pre-paid portion of the development fees intended to fund pre-development work on any neighborhood infrastructure project funded by any of the six neighborhood infrastructure impact development fees listed in Subsection 107A.13.13.1. 1 In addition, third-party grant monies or loans may also be deposited into this fund for the purpose of funding pre-development or capital expenses to accelerate the construction start times of any neighborhood infrastructure project funded by any of the six neighborhood infrastructure impact development fees listed in Subsection 107A.13.13.1. 1
(11) “Project sponsor” or “sponsor” shall mean an applicant seeking approval for construction of a development project subject to this Section, such applicant’s successor and assigns, and/or any entity which controls or is under common control with such applicant.
(12) “Unit” shall mean the Department’s Development Fee Collection Unit.
CODIFICATION NOTE
1. So in Ord. 264-19.
107A.13.2 Collection by Department. The Department shall be responsible for collecting all development impact and in-lieu fees, including (a) fees levied by the San Francisco Unified School District if the District authorizes collection by the Department, and (b) fees levied by the San Francisco Public Utilities Commission, if the Commission’s General Manager authorizes collection by the Department, deferral of payment of any development fee, and/or resolution of any development fee dispute or appeal in accordance with this Section 107A.13.
107A.13.3 Timing of development fee payments and satisfaction of development impact requirements.
(b) Any development impact requirement shall be completed prior to issuance of the first certificate of occupancy for the development project.
CODIFICATION NOTE
1. So in Ord. 264-19.
107A.13.3.1 Fee deferral program; development fee deferral surcharge. A project sponsor may elect to defer payment of any development impact or in-lieu fee collected by the Department to a due date prior to issuance by the Department of the first certificate of occupancy; provided, however, that the project sponsor shall pay 15 percent of the total amount of the development fees owed prior to issuance of the first construction document. If a project is subject to one of the six neighborhood infrastructure impact development fees listed in Subsection 107A.13.3.1.1, the project sponsor shall pay 20 percent of the total amount of the development fees owed prior to issuance of the first construction document. These pre-paid funds shall be deposited as provided in Subsection 107A.13.3.1.1 below. A project sponsor that received project approval prior to July 1, 2010 and has not yet paid a development impact or in-lieu fee may elect to defer payment under the provisions of this Section notwithstanding a condition of approval that required the fee to be paid prior to issuance of a building or site permit.
This option to defer payment may be exercised by (1) submitting a deferral request to the Department on a form provided by the Department prior to issuance of the first construction document, and (2) agreeing to pay a Development Fee Deferral Surcharge. This deferral option shall not be available to a project sponsor who paid the fee prior to the operative date of July 1, 2010; the project sponsor’s reapplication for a building or site permit after expiration of the original permit and refund of the development fees paid shall not authorize the project sponsor to elect the deferral option. The deferral option shall expire on July 1, 2013 unless the Board of Supervisors extends it.
107A.13.3.1.1 Deposit of pre-paid portion of deferred development fees. If a development project is not subject to one of the six neighborhood infrastructure impact fees listed below, the pre-paid portion of the development fees shall be deposited into the appropriate fee account. If there is more than one fee account, the pre-paid portion of the fees shall be apportioned equally.
If a development project is subject to one of the six neighborhood infrastructure impact development fees listed below, the entire 20 percent development fee pre-payment shall be deposited in the appropriate neighborhood infrastructure impact fee account. These pre-paid funds shall be dedicated solely to replenishing the Neighborhood Infrastructure Seed Fund for that specific neighborhood infrastructure impact fee account. In no event shall a neighborhood infrastructure impact fee specific to one Area Plan be mixed with neighborhood infrastructure impact fees specific to a different Area Plan. lf the 20 percent development fee pre-payment exceeds the total amount owed for the neighborhood infrastructure impact fee account, the remaining pre-paid portion of the 20 percent development fee pre-payment shall be apportioned equally among the remaining applicable development fees.
The neighborhood infrastructure development fees subject to the 20 percent pre-payment provision of this Subsection 107A.13.3.1.1 are as follows: (1) the Rincon Hill Community Infrastructure Impact Fee, as set forth in Planning Code Section (b)(1); (2) the Visitacion Valley Community Facilities and Infrastructure Fee, as set forth in Planning Code Section (b); (3) the Market and Octavia Community Infrastructure Fee, as set forth in Planning Code Section (b); (4) the Balboa Park Community Infrastructure Impact Fee, as set forth in Planning Code Section (b); (5) the Eastern Neighborhoods Infrastructure Impact Fee, as set forth in Planning Code Section (b); and (6) the Van Ness and Market Neighborhood Infrastructure Impact Fee, as set forth in Planning Code Section (b)(ii).
107A.13.3.2 Payment of development fees; payment and calculation of Development Fee Deferral Surcharge. Except for any pre-paid fees, all deferred development fees remaining unpaid shall be paid in full prior to issuance of the first certificate of occupancy at the end of the deferral period. The Development Fee Deferral Surcharge shall be paid when the deferred fees are paid and shall accrue at the Development Fee Deferral Surcharge Rate.
The Development Fee Deferral Surcharge Rate shall be calculated monthly by the Unit as a blended interest rate comprised of 50% of the Treasurer’s yield on a standard two-year investment and 50% of the latest updated Monthly Earned Income Yield Rate for the City and County of San Francisco’s Pooled Funds, as posted on the San Francisco Treasurer’s website and 50% of the Annual Infrastructure Construction Cost Inflation Estimate published by the Office of the City Administrator’s Capital Planning Group and approved by the City’s Capital Planning Committee consistent with its obligations under Section (b) of the San Francisco Planning Code. The annual Infrastructure Construction Cost Inflation Estimate shall be updated by the Office of the City Administrator’s Capital Planning Group on an annual basis, in consultation with the Capital Planning Committee, with the goal of establishing a reasonable estimate of construction cost inflation for the next calendar year for a mix of public infrastructure and facilities in San Francisco. The Capital Planning Group may rely on past construction cost inflation data, market trends, and a variety of national, state and local commercial and institutional construction cost inflation indices in developing their annual estimates for San Francisco. Commencing on the effective date of this ordinance, the Unit shall publish the Development Fee Deferral Surcharge on the Department of Building Inspection website at or near the beginning of each month. The accrual of any deferred development fees begins on the first day that a project sponsor elects to defer development fees, but never later than immediately after issuance of the first construction document. The Development Fee Collection Unit shall calculate the final Development Fee Deferral Surcharge for individual projects by multiplying the total development fees otherwise due prior to issuance of the construction document by the Development Fee Deferral Surcharge Rate by the actual day count of the entire Development Fee Deferral Period, which shall be the number of days between the project sponsor’s election to defer to final payment of the deferred development fees. The Development Fee Deferral Surcharge shall be apportioned among all development fee funds according to the ratio of each development fee as a percentage of the total development fees owed on the specific project.
107A.13.4 Development Fee Collection Unit. There shall be a Development Fee Collection Unit established within the Department. The Unit’s duties include: (1) receiving and organizing information from various City agencies concerning the amount of development fees owed or specific development impact requirements imposed under various sections of the San Francisco Municipal Code or other legal authority, (2) working with the project sponsor and relevant agencies to resolve any disputes or questions concerning the development fees or development impact requirements applied to specific development projects, (3) ensuring that the first construction document, or first certificate of occupancy if the project sponsor elects to defer payment, is not issued prior to payment of all development fees that are due and owing, (4) confirming with the Planning Department that any outstanding development impact requirements are satisfied prior to issuance of the first certificate of occupancy for projects subject to such requirements, (5) generating Project Development Fee Reports, (6) processing any development fee refunds, (7) publishing and updating the Citywide Development Fee Register, (8) initiating lien proceedings to collect any unpaid development impact or in-lieu fees, and (9) performing such other duties as the Building Official requires. The fee for the Department’s services shall be as provided in Section 107A.13.14.
107A.13.5 Citywide Development Fee Register. The Unit shall publish a Citywide Development Fee Register that lists all current San Francisco development impact and in-lieu fees. The Unit shall update the Register whenever a development impact or in-lieu fee is newly enacted, rescinded or amended. The Unit shall make the Register available to the public upon request, including but not limited to posting it on the Department’s website.
107A.13.6 Required City Agency or Department Notice to Development Fee Collection Unit. Prior to issuance of any building or site permit for a project, any department or agency responsible for calculating a development fee collected by the Unit or imposing a development impact requirement shall send written or electronic notification to the Development Fee Collection Unit that (i) identifies the development project, (ii) lists which specific development fees and/or development impact requirements are applicable and the legal authorization for their application, (iii) specifies the amount of the development fee or fees that the department or agency calculates is owed to the City or that the project sponsor has elected to satisfy a development impact requirement through the direct provision of public benefits, and (iv) lists the name and contact information for the staff person at each agency or department responsible for calculating the development fee or monitoring the development impact requirement.
107A.13.7 Project Development Fee Report. Prior to the issuance of the building or site permit for a development project that owes a development fee or fees or is subject to development impact requirements, and at any time thereafter, the Development Fee Collection Unit shall prepare and provide to the project sponsor, or any member of the public upon request, a Project Development Fee Report. The Report shall: (i) identify the development project, (ii) list which specific development fees and/or development impact requirements are applicable and the legal authorization for their application, (iii) specify the amount of the development fee or fees that the department or agency calculates is owed or that the project sponsor has elected to satisfy a development impact requirement through the direct provision of physical improvements, (iv) list the name and contact information for the staff person at each agency or department responsible for calculating the development fee or monitoring the development impact requirement, and (v) state whether the development fee or fees are due and payable prior to issuance of the first construction document or whether the project sponsor has requested deferral under Section 107A.13.3.1, and note the status of payment. A copy of the Project Development Fee Report shall always be made available to the project sponsor immediately prior to issuance of the site or building permit for a development project subject to any development fee or fees to provide adequate notice of the proposed development fee or fees. The Development Fee Collection Unit shall not issue a Final Development Fee Report and the respective site or building permit for a development project until it has received written confirmation from the First Source Hiring Administration (FHSA) that the project sponsor has executed a first source hiring agreement(s) with the FHSA consistent with Administrative Code Section .
107A.13.8 Failure to give notice of a development fee owed or development impact requirement. The failure of the Unit or a fee-assessing department or agency to give any notice of a development fee owed or development impact requirement shall not relieve the project sponsor of the obligation to pay the development fee when it is due. The procedure set forth in this Section is not intended to preclude enforcement of the development fee or development impact requirements pursuant to any other section of this Code, the Planning Code or other parts of the Municipal Code or under the laws of the State of California.
107A.13.9 Development fee dispute resolution; appeal to Board of Appeals.
107A.13.9.1 Procedure for resolution by Development Fee Collection Unit. If a dispute or question arises concerning the accuracy of the final Project Development Fee Report, including the mathematical calculation of any development fee listed thereon, the Development Fee Collection Unit shall attempt to resolve it in consultation with the department or agency affected by the disputed fee and the project sponsor. A person protesting the accuracy of the Report must submit the issue or issues in writing to the Unit with a copy to the department or agency whose development fee is in dispute. Any public notice of the issuance of the building or site permit shall notify the public of the right to request a copy of the Project Development Fee Report and of the right of appeal to the Board of Appeals under Section 107A.13.9.2.
107A.13.9.2 Appeal to Board of Appeals.
(a) If the Development Fee Collection Unit is unable to resolve the dispute or question, the project sponsor or a member of the public may appeal the Project Development Fee Report to the Board of Appeals within 15 days of the issuance of the building or site permit under Article 8 et seq. of the San Francisco Business & Tax Regulations Code.
(b) In cases where a project sponsor is not using the site permit process and is required to pay a development fee or fees prior to issuance of the development project’s building permit, and chooses not to defer payment under Section 107A.13.3.1, the sponsor may pay a disputed fee under protest and file an appeal within 15 days of the issuance of the permit.
(c) In order to appeal to the Board of Appeals under this Section, a project sponsor appellant must first have attempted to resolve the dispute or question by following the procedure in Section 107A.13.9.1. Evidence of this prior attempt must be submitted to the Board of Appeals in order for the Board to accept the appeal. Members of the public may file an appeal under this Section without providing such evidence.
(d) Promptly after an appeal has been filed, the Board of Appeals shall notify the department or agency whose development fee or development impact requirement is at issue of the fact that an appeal has been filed and the date scheduled for hearing. A representative of the Department of Building Inspection and of the department or agency whose development fee or development impact requirement is in dispute must be present at the appeal hearing.
(e) In hearing any appeal of the Project Development Fee Report, the Board’s jurisdiction is strictly limited to determining whether the mathematical calculation of the development fee or the scope of a development impact requirement is accurate and resolving any technical disputes over the use, occupancy, floor area, unit count and mix, or other objective criteria that calculation of the challenged development fee or development impact requirement is based upon.
(f) If a decision by the Board of Appeals requires a refund of all or any portion of the disputed development fee, the refund shall be processed promptly by the Development Fee Collection Unit under Section 107A.13.11. If a decision requires a new determination regarding the scope of a development impact requirement, such new determination shall be made by the relevant City agency or department prior to issuance of the first certificate of occupancy. Where the Board determines that an additional amount of the fee or fees is due and owing, the additional amount shall be paid prior to issuance of the first certificate of occupancy for the development project.
107A.13.10 Violation of this section deemed a violation of the Building Code. In addition to the lien proceedings authorized Section 107A
.13.15, a violation of this Section 107A
.13 shall be deemed a violation of the Building Code and subject to the provisions of Section 103A and any investigation or other fees authorized under other sections of this Code to compensate the Department for the cost of abating violations.
107A.13.11 Development fee refunds. Upon notification by the property owner or project sponsor and confirmation by the applicable department or agency that a fee refund is due, the Unit shall process the refund. The fee for processing the refund shall be as set forth in Table 1A-D – Other Building Permit and Plan Review Fees.
107A.13.12 Development fee information a public record. Any notice of development fees due or development impact requirements imposed sent to the Development Collection Unit by any fee-assessing departments and agencies, the Project Development Fee Report issued by the Unit, and any development fee refunds or development impact requirement revisions made are a matter of public record.
107A.13.13 Administrative fee. The fee for services provided by the Department under this Section 107A
.13 shall be the standard hourly rate for administration set forth in Table 1A-D of this Code. The administrative fee is payable within 30 days of the Department’s notice that payment is due.
107A.13.14 Administrative procedures. The Building Official is empowered to adopt such administrative procedures as he or she deems necessary to implement this Section. Such administrative procedures shall be generally consistent with the procedural requirements set forth in this Section 107A
.
107A.13.15 Wrongful issuance of first construction document or certificate of occupancy; assessment lien; notice. In addition to any other remedy established in this Code or under other authority under the laws of the State of California, if DBI inadvertently or mistakenly issues the first construction document or first certificate of occupancy, whichever applies, for a development project that has not paid a development fee that is due and owing and payment has not been received within 30 days following notice that payment is due, or, in the case where a sponsor has elected to satisfy a development impact requirement through direct provision of physical improvements and where non-compliance with any such requirement is not corrected within 30 days following notice, the Department shall initiate proceedings in accordance with of the San Francisco Administrative Code to make the entire unpaid balance of the fee that is due, including interest at the rate of one and one-half percent per month or fraction thereof on the amount of unpaid fee, a lien against all parcels used for the development project. The penalty fee provisions of this section shall also apply to projects that have elected to provide physical improvements in lieu of paying a development fee, as if they had elected to pay the relevant development fee.
The Department shall send all notices required by Article XX to the owner or owners of the property and to the project sponsor if different from the owner. The Department shall also prepare a preliminary report, and notify the owner and sponsor of a hearing by the Board of Supervisors to confirm such report at least ten days before the date of the hearing. The report shall contain the owner and sponsor’s names, a description of the development project, a description of the parcels of real property to be encumbered as set forth in the Assessor’s Map Books for the current year, a description of the alleged violation of this Section, and shall fix a time, date, and place for hearing. The Department shall mail this report to the sponsor and each owner of record of the parcels of real property subject to the lien.
Any notice required to be given to an owner or sponsor shall be sufficiently given or served upon the owner or sponsor for all purposes in this Section if personally served upon the owner or sponsor or if deposited, postage prepaid, in post office letterbox addressed to the owner or sponsor at the official address of the owner or sponsor maintained by the Tax Collector for the mailing of tax bills or, if no such address is available, to the sponsor at the address of the development project, and to the applicant for the site or building permit at the address on the permit application.
Except for the release of the lien recording fee authorized by Administrative Code Section , all sums collected by the Tax Collector under this Section shall be held in trust by the Treasurer and deposited in the City’s appropriate fee account.
107A.14 Third-Party Experts and Other Permit Related Actions Fee. Actions requiring third-party experts or other actions not specified above, shall be charged a fee based on actual costs that the Department incurs in administering and processing the action or procedure and shall be charged on a time and materials basis. The Department shall provide the applicant with a written estimate of said costs at the time of application, and the applicant shall pay such fees prior to the time that the application is deemed complete. To the extent that the estimated fees do not cover actual costs, any outstanding amount due shall be a condition of the Department’s final decision on the action or procedure. To the extent that the estimated fees exceeded the actual costs, the Department shall refund the excess amount to the applicant within a reasonable period after the Department’s final decision on the action or procedure.
107A.15 Building Code fee waivers for accessory dwelling unit projects on lots containing single-family homes. Notwithstanding any fee provision of the Building Code to the contrary, the following provisions shall apply to accessory dwelling unit projects located on a lot containing a single-family home.
(a) Building inspection fees, plan review fees, records retention fees, and site surcharge fees shall be waived. For purposes of this subsection (a), building inspection fees do not include electrical and plumbing fees.
(b) For purposes of this Section 107A.15, “accessory dwelling unit” shall have the meaning set forth in Planning Code Section , as amended from time to time. The applicant for the accessory dwelling unit is eligible under subsection (a) for fee waivers or proportionate fee waivers, if applicable (collectively, “fee waivers”) solely for the establishment or modification of the accessory dwelling unit, and not for any other work on the applicant’s property that is subject to the Building Code.
(c) Upon the operative date of the ordinance establishing this Section 107A.15 to provide fee waivers forcertain accessory dwelling unit projects, which is on file with the Clerk of the Board of Supervisors in File No. 210030, the fee waivers provided for under subsection (a) shall apply retroactively as of January 1, 2021. The Department of Building Inspection shall refund any applicable fees paid after January 1, 2021 for projects eligible under subsection (a) for fee waivers or proportionate fee waivers. The fee waivers also shall apply to accessory dwelling unit projects that applied for building permits on or before January 1, 2021 but did not receive a final certificate of occupancy by January 1, 2021; provided, however, that the fee waivers shall apply only to applicable Building Code fees that have not been paid as of January 1, 2021. The Department of Building Inspection shall not refund any fees paid for such projects prior to January 1, 2021.
(d) Subject to the exception in subsection (e), this Section 107A.15 shall expire by operation of law on either (1) July 1, 2023, or (2) the first day of any fiscal year for which the Board of Supervisors has not appropriated monies or authorized expenditures necessary to fund the fee waivers established by this Section 107A.15, whichever is earlier. Upon its expiration, the City Attorney shall cause this Section 107A.15 to be removed from the Building Code.
(e) Any accessory dwelling unit projects that apply for a building permit during the period beginning on January 1, 2021 and ending on the date that this Section 107A.15 expires are eligible for all applicable fee waivers, even if such fees are due after this Section 107A.15 expires as set forth in subsection (d).
(f) To the extent the Department is aware that a project qualifies for a fee waiver under this Section 107A.15, the Department shall individually inform the applicant about the fee waiver. The Department also shall post notice, on its website and at various locations in its offices where the notice will be visible to applicants, of the fee waivers available under this Section 107A.15.
(g) Department of Building Inspection Reports. On March 1, 2022, the Department of Building Inspection shall submit a report to the Board of Supervisors and the Building Inspection Commission on the operation of the fee waiver program established by this Section 107A.15 for the period of calendar year 2021. On March 1, 2023, the Department of Building Inspection shall submit a report to the Board of Supervisors and the Building Inspection Commission on the operation of the fee waiver program established by this Section 107A.15 for the period of calendar year 2022. The reports shall include, but need not be limited to, the number of projects taking advantage of one or more fee waivers, the type and location of such projects, the total amount of fees waived or projected to be waived during the term of this Section 107A.15, and any administrative impacts associated with the Department’s processing of such waivers. The report also shall include the following information in regard to an ADU: (a) the length of time the applicant has owned the property; (b) whether the applicant is an individual or a business; (c) whether the applicant intends to rent the ADU, and if so, whether the applicant has under consideration a price range for rent; (d) whether the applicant has submitted building permit applications for other residential properties in the City within the last 10 years; (e) whether the ADU received a waiver of code requirements and is subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance pursuant to Planning Code Section (c)(4)(G), and (f) whether the applicant owns, in whole or in part, any other residential property in San Francisco either as an individual or as part of a partnership or corporation. The Director of the Department of Building Inspection shall decide how best to obtain the information required by this subsection (g), which may include self-reporting by applicants.
(Added by Ord. 31-21, File No. 210030, App. 3/19/2021, Eff. 4/19/2021, Oper. 4/19/2021)
(Former Section 107A.15 repealed by Ord. 31-21, File No. 210030, App. 3/19/2021, Eff. 4/19/2021, Oper. 4/19/2021)