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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
CHAPTER 31:
CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
 
Article
GENERAL PROVISIONS
PROJECTS COVERED
EVALUATIONS
FEES
SEVERABILITY
 
ARTICLE I:
GENERAL PROVISIONS
 
Authority and Mandate.
Policies and Objectives.
Scope of Requirements.
Responsibility and Definitions.
Office of Environmental Review.
 
SEC. 31.01.  AUTHORITY AND MANDATE.
   (a)   This Chapter is adopted pursuant to the California Environmental Quality Act, Public Resources Code Sections 21000 and following, as amended; and pursuant to the Guidelines for Implementation of the California Environmental Quality Act, as amended, appearing as Title 14, Division 6, Chapter 3 of the California Code of Regulations (hereinafter referred to collectively as CEQA). CEQA provides for the orderly evaluation of projects and preparation of environmental documents, and requires adoption of corresponding objectives, criteria and procedures by local agencies.
   (b)   Any amendments to CEQA adopted subsequent to the effective date of this Chapter 31 shall not invalidate any provision of this Chapter 31. Any amendments to CEQA that may be inconsistent with this Chapter 31 shall govern until such time as this Chapter 31 may be amended to remove such inconsistency.
   (c)   This Chapter shall govern in relation to all other ordinances of the City of San Francisco ("City") and rules and regulations pursuant thereto. In the event of any inconsistency concerning either public or private actions, the provisions of this Chapter shall prevail.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
(Former Sec. 31.01 amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.02.  POLICIES AND OBJECTIVES.
   The basic purposes of CEQA and this Chapter 31 are to:
   (a)   Provide decision makers and the public with meaningful information regarding the environmental consequences of proposed activities.
   (b)   Identify ways that environmental damage can be avoided or significantly reduced.
   (c)   Provide for public input in the environmental review process.
   (d)   Bring environmental considerations to bear at an early stage of the planning process, and to avoid unnecessary delays or undue complexity of review. Simplicity and directness are to be emphasized, with the type of review related to the depth and variety of environmental issues raised by a project, so that government and public concern may be focused upon environmental effects of true significance.
   (e)   Provide procedural direction on implementation of CEQA by the City.
   (f)   Prevent significant avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the government agency finds the changes to be feasible.
   (g)   Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
(Former Sec. 31.02 amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.03.  SCOPE OF REQUIREMENTS.
   (a)   This Chapter adapts CEQA for use by the City. The emphasis of this Chapter is upon implementing procedures, which are expressly left for determination by local agencies, consistent with CEQA.
   (b)   The provisions of CEQA are not repeated here, but are expressly incorporated herein by reference as though fully set forth. This Chapter is supplementary to CEQA.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
(Former Sec. 31.03 added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.04.  RESPONSIBILITY AND DEFINITIONS.
   (a)   The City and all its officials, boards, commissions, departments, bureaus and offices shall constitute a single "local agency," "public agency" or "lead agency" as those terms are used in CEQA.
   (b)   The administrative actions required by CEQA with respect to the preparation of environmental documents, giving of notice and other activities, as specified in this Chapter, shall be performed by the San Francisco Planning Department as provided herein, acting for the City. When CEQA requires posting of a notice by the county clerk of the county in which the  project will be located, the Planning Department shall transmit the required notice to the applicable county clerk, and instruct the county clerk on the length of time the notice shall be posted and when the posting shall commence.
   (c)   For appeals to the Board of Supervisors under Section 31.16 of this Chapter, the Clerk of the Board of Supervisors shall perform any administrative functions necessary for resolution of the appeal.
   (d)   For proposed projects that may have an impact on historic or cultural resources, the Historic Preservation Commission has the authority pursuant to Charter Section 4.135 to review and comment on environmental documents and determinations under this Chapter 31.
   (e)   Where adoption of administrative regulations by resolution of the Planning Commission after public hearing is specified herein, there shall be notice by publication in a newspaper of general circulation in the City at least 20 days prior to the hearing and by posting in the offices of the Planning Department, with copies of the proposed regulations sent to the Board of Supervisors and any other affected boards, commissions and departments of the City and to all organizations and individuals who have previously requested such notice in writing. The decision of the Commission in adopting administrative regulations shall be final.
   (f)   The City shall be responsible for conducting environmental review for projects undertaken by the City within the City's territorial limits and for projects undertaken by the City outside the territorial limits of the City.
   (g)   Notifications.
      (1)   Unless CEQA requires a mailed notice by the United States Postal Service in hard copy form, or an organization or individual requests notice in hard copy form, a City official may provide any mailed notice required by this Chapter using electronic mail transmission whenever an organization or individual provides an email address to the City official; provided that any notices required by this Chapter shall be provided by mail in hard copy form to any organizations or individuals who have requested such notice in writing prior to the effective date of this provision unless such organizations or individuals affirmatively request electronic notification as provided below.
      (2)   Electronic Notifications. The Environmental Review Officer shall implement an electronic notification system for the notification requirements in this Chapter 31. The Environmental Review Officer shall offer interested organizations and individuals the opportunity to subscribe to an automated electronic mail notification system. The system shall distribute all notifications required by this Chapter to subscribers. Subscribers shall have the option to receive electronic mail regarding all CEQA notifications or all CEQA notifications for: (i) a specific project; (ii) a specific neighborhood, as defined by the Planning Department for notification purposes; (iii) historic districts designated under Articles 10 or 11 of the Planning Code or listed on the National Register of Historic Places; (iv) exemption determinations; (v) negative declarations; and (vi) environmental impact reports. The Environmental Review Officer shall implement the electronic notification system within three months of the operative date of the ordinance enacting this provision of Chapter 31. In the event the system is not operable within such period, the Planning Department shall provide monthly status reports to the Board of Supervisors on the progress the Planning Department has made in implementing the electronic notification system.
   (h)   Definitions.
      "Approval Action" means:
      (1)   For a private project seeking an entitlement from the City and determined to be exempt from CEQA:
         (A)   The first approval of the project in reliance on the exemption by the City Planning Commission following a noticed public hearing, including, without limitation, a discretionary review hearing as provided for in Planning Code Section 311 or Section 312, or, if no such hearing is required, either:
         (B)   The first approval of the project in reliance on the exemption by another City commission, board or official following a noticed public hearing granting an Entitlement of Use for the Whole of the Project; or
         (C)   The issuance of the Building Permit or other Entitlement of Use for the Whole of the Project in reliance on the exemption without a noticed public hearing.
      (2)   For all other projects determined to be exempt from CEQA:
         (A)   The first approval of the project in reliance on the exemption by a City decision-making body at a noticed public hearing; or
         (B)   If approved without a noticed public hearing, the decision by a City department or official in reliance on the exemption that commits the City to a definite course of action in regard to a project intended to be carried out by any person.
      (3)   For all projects determined to require the preparation of a negative declaration, the approval of the project by the first City decision-making body that adopts the negative declaration or mitigated negative declaration as provided for in Section 31.11(h) of this Chapter.
      "Building Permit" means a permit issued by the Department of Building Inspection as provided by Building Code Section 106A, including, without limitation, a site permit as defined in Building Code Section 106A.3.4.2.
      "Date of the Approval Action" means the date the City takes the action on the project that is defined as the "Approval Action," regardless of whether the Approval Action is subject to an administrative appeal.
      "Entitlement of Use for the Whole of the Project" means an entitlement that authorizes the project applicant to carry out the project as described in the CEQA decision for the project. Incidental permits needed to complete a project, such as a tree removal permit or a street encroachment permit that alone do not authorize the use sought, would not be an Entitlement of Use for the Whole of the Project, unless such permit is the primary permit sought for the project.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 186-02, File No. 021418, App. 9/6/2002; Ord. 218-02, File No. 021609, App. 11/1/2002; Ord. 168-07, File No. 061537, App. 7/20/2007; Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
(Former Sec. 31.04 amended by Ord. 166-74, App. 4/11/74; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.05.  OFFICE OF ENVIRONMENTAL REVIEW.
   (a)   An Office of Environmental Review is hereby created in the Planning Department, which shall be responsible, acting through the Director of Planning, for the administration of those actions in this Chapter 31 assigned to the Planning Department by Section 31.04.
   (b)   Said office shall be under the direction of an Environmental Review Officer, who shall supervise the staff members of the office and have charge of the collection of fees by the office. The Environmental Review Officer shall report to, and coordinate and consult with, the Director of Planning.
   (c)   In addition to the powers and duties conferred below, the Environmental Review Officer may, upon delegation by the Planning Commission as to specific projects, take testimony at supplemental public hearings on draft environmental impact reports, in addition to, and not in lieu of, the hearing held by the Planning Commission as set forth in section 31.14 of this Chapter, and shall report to, and make all such testimony available to, the Planning Commission at a public hearing.
   (d)   The Environmental Review Officer shall also take such measures, within his or her powers, as may be necessary to assure compliance with this Chapter 31 by persons, and officials, boards, commissions, departments or agencies outside the Planning Department, and shall periodically review the effectiveness and workability of the provisions of this Chapter 31 and recommend any refinements or changes that he or she may deem appropriate for improvement of such provisions.
   (e)   All projects shall be referred to the Environmental Review Officer except those exempt projects covered by a delegation agreement with the Environmental Review Officer as provided for in Section 31.08(d) of this Chapter. All other officials, boards, commissions, departments, bureaus and offices of the City shall cooperate with the Environmental Review Officer in the exercise of his/her responsibilities, and shall supply necessary information, consultations and comments.
   (f)   The Environmental Review Officer shall be responsible for assuring that the City is carrying out its responsibilities set forth in CEQA. In addition, when the City is to carry out or approve a project and some other public agency is the "lead agency," as defined by CEQA, and where projects are to be carried out or approved by the State and Federal governments, the Environmental Review Officer shall provide consultation and comments for the City to the other government agencies when appropriate.
   (g)   To the extent feasible, the Environmental Review Officer shall combine the evaluation of projects, preparation of environmental impact reports and conduct of hearings with other planning processes; and shall coordinate environmental review with the Capital Improvement Program, the San Francisco General Plan and the San Francisco Planning Code.
   (h)   Adoption and/or revision of administrative regulations to implement CEQA shall be by resolution of the Planning Commission after a public hearing. The Environmental Review Officer may adopt necessary forms, checklists and processing guidelines to implement CEQA and this Chapter 31 without a public hearing.
   (i)   Upon prior authorization by the Planning Commission, the Environmental Review Officer may attend hearings and testify on matters related to CEQA before governmental organizations and agencies other than governmental agencies of the City and County of San Francisco and may advocate on behalf of the City on matters related to CEQA.
   (j)   The Environmental Review Officer may provide information to other governmental or environmental organizations and members of the public.
   (k)   The Environmental Review Officer may delegate his or her responsibilities to an employee of the Office of Environmental Review. All references herein to the Environmental Review Officer shall be deemed to include the Environmental Review Officer's delegate.
   (l)   The Environmental Review Officer shall process applications for environmental review in accordance with the requirements for equal treatment of permit applicants, unless there is a written finding of a public policy basis for not doing so, as set forth in Campaign and Governmental Conduct Code Section 3.400 and the written guidelines adopted by the Planning Department as required by Section 3.400. For purposes of Section 3.400, this Section of Chapter 31 and any corresponding written guidelines of the Planning Department, the Board finds that expediting environmental review out of order, on a priority basis for the purpose of expediting permit processing shall qualify as a public policy basis for projects consisting of: (1) publicly funded affordable housing projects that provide new affordable housing in 100 percent of the on-site dwelling units (where such units are rented or sold at the economic levels defined in Planning Code Section 415); and (2) bicycle and pedestrian projects that are designed primarily to address public safety issues. When an application for environmental review for any project within one of the categories listed above is submitted to the Planning Department, the Environmental Review Officer shall, throughout all stages of the environmental review process, give precedence to all submittals associated with such project over other projects. The Planning Department also shall provide a written preliminary assessment of the eligibility of such projects for an exemption within 60 days of submittal of a complete Preliminary Project Assessment or equivalent application to the Planning Department. As part of the assessment, the Planning Department shall identify as feasible, based on the content of the submittal, the issues that may affect the type and schedule of the environmental review and the process for analysis of such issues.
   (m)   The Environmental Review Officer shall prepare an annual report to the Planning Commission and the Board of Supervisors on all appeals filed under any of the appeal provisions of this Chapter 31. The first annual report shall be filed approximately one year after the effective date of this provision of Chapter 31.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
(Former Sec. 31.05 amended by Ord. 166-74, App. 4/11/74; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
Editor's Note regarding Operative Date of Ord. 161-13:
   Ordinance 161-13 amends sections of this Article, as shown in the history notes above. Section 6 of that ordinance provides as follows:
Operative Date. This ordinance shall become operative on the later date of September 1, 2013, or five business days after the Secretary of the Planning Commission provides a memorandum to the Clerk of the Board of Supervisors advising that the Planning Commission has held a public hearing at which the Planning Department has demonstrated to the Planning Commission that it has updated its website to provide up-to-date information to the public about each CEQA exemption determination in a format searchable by location, such as through the "Active Permits In My Neighborhood" tool now used by the Planning Department and the Building Department.
   At the direction of the Office of the City Attorney, the publisher incorporated the amendments made by Ord. 161-13 into this Code on September 25, 2013.
ARTICLE II:
PROJECTS COVERED
 
Coverage of State Law.
Listing of Non-Physical and Ministerial Projects.
Exemptions.
 
SEC. 31.06.  COVERAGE OF STATE LAW.
   CEQA provides that certain kinds of projects may be subject to CEQA. Some of these projects may be excluded or exempt from CEQA. If not excluded or exempt, CEQA provides a process whereby an initial study is completed, then a determination is made as to whether a negative declaration, mitigated negative declaration, or an environmental impact report ("EIR") should be prepared. In accordance with the requirements of CEQA and as specified herein, the Planning Commission and/or the Environmental Review Officer shall determine when CEQA applies to a project, when the project is excluded or exempt, or when a negative declaration, mitigated negative declaration, or environmental impact report is required.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
SEC. 31.07.  LISTING OF NON-PHYSICAL AND MINISTERIAL PROJECTS.
   (a)   The Environmental Review Officer shall maintain a listing of types of nonphysical and ministerial projects excluded from CEQA. Such listing shall be modified over time as the status of types of projects may change under applicable laws, ordinances, rules and regulations. The listing shall not be considered totally inclusive, and may at times require refinement or interpretation on a case-by-case basis. When the Environmental Review Officer proposes to modify such listing, notice shall be provided on the Planning Commission agenda prior to such modification. Any person who may consider any modification to be incorrect may appeal such modification to the Planning Commission within twenty (20) days of the date of the Planning Commission agenda on which notice of such modification was posted. The Planning Commission may affirm, modify or disapprove such modification, and the decision of the Planning Commission shall be final.
   (b)   Such listing of excluded projects and modifications thereto shall be kept posted in the offices of the Planning Department, and copies thereof shall be sent to the Board of Supervisors and all other affected boards, commissions and departments of the City.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.08.  EXEMPTIONS.
   (a)   CEQA provides that certain projects are exempt from CEQA because: the project is exempt by statute ("statutory exemption"); the project is in a class of projects that generally do not have a significant effect on the environment ("categorical exemption"); CEQA streamlining procedures allow reliance on a prior environmental document prepared on a zoning or planning level decision, for example, as provided in community plan areas and for specified urban infill projects ("community plan exemption"), except as might be necessary to examine whether there are project-specific significant effects, which are peculiar to the project or its site; or the activity is covered under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, thus, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA ("general rule exclusion"). Unless otherwise specifically stated, reference in this Chapter 31 to "exemptions" or "exempt from CEQA" or an "exemption determination" shall collectively refer to statutory exemptions, categorical exemptions, community plan exemptions and general rule exclusions.
   (b)   For categorical exemptions:
      (1)   Each public agency must list the specific activities that fall within each such class, subject to the qualification that these lists must be consistent with both the letter and the intent of the classes set forth in CEQA.
      (2)   The Environmental Review Officer shall maintain the required list of the types of projects which are categorically exempt, and shall post it in the offices of the Planning Department and on the Planning Department website, and shall provide it to all City departments. Such list shall be kept up to date in accordance with any changes in CEQA and any changes in the status of local projects. The initial list and any additions, deletions and modifications thereto shall be adopted as administrative regulations by resolution of the Planning Commission after public hearing, according to the procedure set forth in Section 31.04(e) of this Chapter.
      (3)   CEQA allows public agencies to request that the Secretary of the Resources Agency make additions, deletions and modifications to the classes of projects listed as categorically exempt in CEQA. The Planning Commission shall make any such requests, after a public hearing thereon held according to the procedure specified in Section 31.04(e) of this Chapter for adoption of administrative regulations.
   (c)   The Environmental Review Officer may create necessary forms, checklists and processing guidelines to aid the Planning Department and other departments in determining whether a project may be exempt in accordance with the letter and the intent expressed in CEQA and with the administrative regulations adopted by the Planning Commission.
   (d)   The Environmental Review Officer shall advise other departments of the requirements of CEQA for determining whether a project is exempt from environmental review. The Environmental Review Officer may delegate the determination whether a project is exempt from CEQA to other departments, provided that other departments shall consult with the Environmental Review Officer regarding the application of exemptions. Further, at the time of each exemption determination, such other departments shall inform the Environmental Review Officer and provide to the Environmental Review Officer a copy of the exemption determination containing the information specified in Section 31.08(e) of this Chapter 31. The Environmental Review Officer shall be responsible for all determinations so delegated to other departments. When the Planning Department or other City department determines that a project is exempt from CEQA, the issuance of the exemption determination shall be considered an exemption determination by the Planning Department. The Environmental Review Officer shall post on its website the same information about exemption determinations issued by other departments as it provides for exemption determinations issued by the Planning Department.
   (e)   When the Environmental Review Officer, or any other department to which the Environmental Review Officer has delegated responsibility pursuant to Section 31.08(d) above, has determined that a project is exempt from CEQA, the following provisions shall apply:
      (1)   Posting Exemption Determinations.
         (A)   For all exemption determinations, the Environmental Review Officer shall post on the Planning Department website the following information about each exemption determination: (1) a project description in sufficient detail to convey the location, size, nature and other pertinent aspects of the scope of the proposed project as necessary to explain the applicability of the exemption; (2) the type or class of exemption determination applicable to the project; (3) other information, if any, supporting the exemption determination; (4) the Approval Action for the project, as defined in Section 31.04(h); and (5) the date of the exemption determination.
         (B)   For projects that involve the issuance of multiple discretionary permits or other project approvals, in addition to the requirements of Section 31.08(e)(1)(A), the Environmental Review Officer shall describe and evaluate the whole of the project that will result from all discretionary approvals and identify any additional discretionary approvals required other than the Approval Action that are known to the Environmental Review Officer at the time of the issuance of the exemption determination, and post this information on the Planning Department website.
      (2)   The Environmental Review Officer may issue a Certificate of Exemption from Environmental Review by preparing a written exemption determination containing the information in Section 31.08(e)(1), and by posting a copy in the offices of the Planning Department and on the Planning Department website, and by mailing copies to the applicant, the board(s), commission(s) or department(s) that will carry out or approve the project, and to any organizations and individuals who previously have requested such notice in writing.
      (3)   The Environmental Review Officer shall prepare a Certificate of Exemption from Environmental Review or comparable written exemption determination and provide notice to the public as provided for in Section 31.08(e)(2) for all projects involving: (A) any historical resources, defined as any buildings and sites listed individually or located within districts (i) listed in Planning Code Articles 10 or 11, on an historic resource survey that has been adopted or officially recognized by the City, on the California Register or determined eligible for listing on the California Register by the State Historical Resources Commission, including, without limitation, any location listed on or determined eligible for the National Register of Historic Places, or (ii) a resource that the Environmental Review Officer determines, based on substantial evidence, to be a historical resource under Public Resources Code Section 5024.1; (B) any Class 31 categorical exemption; (C) any demolition as defined in Planning Code Section 317 or in Planning Code Section 1005(f) of an existing structure; (D) any Class 32 categorical exemption; or (E) any community plan exemption.
   (f)   Informing the Public of the Approval Action for a Project as Part of Public Hearing Notice.
      (1)   When the Planning Department or other City department provides notice of a public hearing on the Approval Action for a project that it has determined to be exempt from CEQA, the notice shall:
         (A)   Inform the public of the exemption determination and how the public may obtain a copy of the exemption determination;
         (B)   Inform the public of its appeal rights to the Board of Supervisors with respect to the CEQA exemption determination following the Approval Action and within the time frame specified in Section 31.16 of this Chapter; and
         (C)   Inform the public that under CEQA, in a later court challenge a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission. Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process, if any, on the CEQA decision.
      (2)   Additionally, when the Planning Department provides a notice under Planning Code Section 311 or Section 312 of the opportunity to request a discretionary review hearing before the Planning Commission on a Building Permit application, the notice shall:
         (A)   Contain the information required by this Section 31.08(f) in addition to any notice requirements in the Planning Code;
         (B)   Inform the notification group that if a discretionary review hearing is requested before the Planning Commission, the Approval Action for the project under this Chapter 31 will occur upon the Planning Commission's approval of the Building Permit application, if such approval is granted; and
         (C)   Inform the notification group that if a discretionary review hearing is not requested, the Approval Action for the project will occur upon the issuance of a Building Permit by the Department of Building Inspection, if such permit is granted. The notice also shall advise the notification group of how to request information about the issuance of the Building Permit.
   (g)   A City board, commission, department or official that grants the Approval Action for a project of the type defined in Section 31.16(e)(2)(B) of this Chapter, which Approval Action is taken without a noticed public hearing as provided for in Section 31.08(f) of this Chapter, shall thereafter arrange for the Planning Department to post on the Planning Department's website a written decision or written notice of the Approval Action for the project that informs the public of the first date of posting on the website and advises the public that the exemption determination may be appealed to the Board of Supervisors as provided in Section 31.16(e)(2)(B) of this Chapter within 30 days after the first date of posting of the notice.
   (h)   Filing Notice of Exemption. After the City has decided to carry out or approve the project and the project is considered finally approved as provided for in Section 31.16(b)(11), in accordance with CEQA procedures, the Environmental Review Officer may file a notice of exemption with the county clerk in the county or counties in which the project is to be located. The Planning Department shall also post a copy of the notice of exemption in the offices of the Planning Department and on the Planning Department website, and mail a copy of the notice of exemption to any organizations and individuals who previously have requested such notice in writing.
   (i)   Modification of Exempt Project.
      (1)   Where a change occurs to a project that the Environmental Review Officer has determined to be exempt, prior to any subsequent approval actions, the Environmental Review Officer shall determine whether the change is a substantial modification that requires reevaluation as provided for in Section 31.19(b) of this Chapter 31. A substantial modification of an exempt project requiring reevaluation under Section 31.19(b) shall mean either:
         (A)   A change in the project as described in the original application upon which the Environmental Review Officer based the exemption determination, or in the exemption determination posted on the Planning Department website at the time of issuance, which would constitute an expansion or intensification of the project as defined in the Planning Code. An expansion or intensification of the project as defined in the Planning Code includes, but is not limited to: (A) a change that would expand the building envelope or change the use that would require public notice under Planning Code Sections 311 or 312, or (B) a change in the project that would constitute a demolition under Planning Code Sections 317 or 1005(f).
         (B)   New information or evidence of substantial importance presented to the Environmental Review Officer that was not known and could not have been known with the exercise of reasonable diligence at the time the Environmental Review Officer issued the exemption determination that shows the project no longer qualifies for the exemption.
      (2)   When the Environmental Review Officer determines that a change in a project is a substantial modification, the Environmental Review Officer shall make a new CEQA decision as provided for under Section 31.19(b) of this Chapter 31. The Planning Department will require payment of fees as defined in the Department's fee schedule for the applicable type of environmental review. When the Planning Commission or Planning Department renders a new CEQA decision for a project after the Approval Action, as provided for in Section 31.19(b), and the City takes a new Approval Action for the project in reliance on the new CEQA decision, the new CEQA decision may be appealed in accordance with the provisions of Section 31.16 of this Chapter, as to those issues associated with the project changes since the original exemption determination.
      (3)   When the Environmental Review Officer determines that a change in an exempt project is not a substantial modification, the Environmental Review Officer shall post a notice of the determination in the offices of the Planning Department and on the Planning Department website and mail such notice to the applicant, board(s), commission(s) or department(s) that will carry out or approve the project, and to any organizations and individuals who previously have requested such notice in writing.
   (j)   Appeal of a Determination That Change in Exempt Project Is Not a Substantial Modification.
      (1)   Within 10 days of the posting of the notice of a determination that a change in an exempt project is not a substantial modification as defined in 31.08(i), an appeal may be filed with the Environmental Review Officer, who is provided for in Section 31.05, including subsection (k), requesting that the Environmental Review Officer reverse the determination and render a new CEQA decision for the project. Such an appeal is not an appeal of a CEQA decision under the California Environmental Quality Act and shall not delay or suspend any permit approval or other discretionary approval authorizing the change in the project, or suspend any construction activity.
      (2)   If such an appeal is filed when a regularly scheduled meeting of the Planning Commission will be held within 20 days of the filing of the appeal, the Environmental Review Officer shall hold a noticed public hearing on the day of a Planning Commission meeting held within such 20-day period, unless the period between the filing of the appeal and the Planning Commission meeting is insufficient to notice the public hearing. If no Planning Commission meeting is held within the 20-day period, or the period between the filing of appeal and the Planning Commission meeting within 20 days of the appeal is insufficient to notice the public hearing, the hearing shall take place on the day of one of the next two regularly scheduled Planning Commission meetings after such 20-day period.
      (3)   At the public hearing, the Environmental Review Officer shall reconsider the prior determination in light of all information provided by all parties present, including any project sponsor, as well as written information submitted at or before the public hearing.
      (4)   If after such reconsideration, the Environmental Review Officer determines that the original determination was in error, the Environmental Review Officer shall render a new CEQA decision for the project in accordance with the requirements of CEQA and this Chapter 31. Any prior permit approval or other discretionary approval authorizing the change in the project shall be suspended by the decision-maker who approved the project until the Environmental Review Officer issues a new CEQA decision. If the Environmental Review Officer determines that the project as modified is exempt from CEQA and makes a new exemption determination in accordance with this Chapter 31, any suspended approval shall be reinstated and valid as of the date of the original approval. However, if the Environmental Review Officer identifies a suspended approval as the Approval Action for the modified project, the date of the Approval Action for the modified project, for purposes of this Chapter 31 only, shall be the date the approval is reinstated. If the Environmental Review Officer determines that the modified project is not exempt, and an initial study is required, any prior approval for the modified project shall be void.
      (5)   If after such reconsideration, the Environmental Review Officer determines that the original decision was not in error, the original determination of the Environmental Review Officer shall be final and no further appeal to any body of the City and County of San Francisco of the determination that the change in the project is not a substantial modification shall be granted, including without limitation, the Board of Appeals.
      (6)   The Environmental Review Officer shall issue a written decision on the appeal within 14 days of the public hearing, and an oral report of the decision shall be provided to the Planning Commission at the next possible meeting after such decision.
      (7)   To the extent feasible, and subject to the budgetary and fiscal provisions of the Charter, such hearing shall be video-recorded and broadcast by the official television channel of the City and County of San Francisco. At a minimum, such hearing shall be video-recorded and made available on the website of the City and County of San Francisco.
      (8)   The Planning Department may adopt additional procedures for such appeals.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article]; Ord. 181-13, File No. 130464, App. 8/7/2013, Eff. 9/6/2013, Oper. 9/25/2013 [see note at end of Article])
Editor's Note regarding Operative Date of Ords. 161-13 and 181-13.
   Ordinance 161-13 amends sections of this Article, as shown in the history notes above. Section 6 of that ordinance provides as follows:
Operative Date. This ordinance shall become operative on the later date of September 1, 2013, or five business days after the Secretary of the Planning Commission provides a memorandum to the Clerk of the Board of Supervisors advising that the Planning Commission has held a public hearing at which the Planning Department has demonstrated to the Planning Commission that it has updated its website to provide up-to-date information to the public about each CEQA exemption determination in a format searchable by location, such as through the "Active Permits In My Neighborhood" tool now used by the Planning Department and the Building Department.
   Ordinance 181-13 further amends Sec. 31.08 (only). Section 4 of that ordinance includes an Operative Date provision effectively identical to that included in Ord. 161-13 and quoted above.
   At the direction of the Office of the City Attorney, the publisher incorporated the amendments made by Ords. 161-13 and 181-13 into this Code on September 25, 2013.
ARTICLE III:
EVALUATIONS
 
Determination of Need for Evaluation.
Initial Evaluation of Projects.
Negative Declarations or Mitigated Negative Declarations.
Determinations that Environmental Impact Reports are Required.
Draft Environmental Impact Reports.
Consultations and Comments.
Final Environmental Impact Reports.
Appeal of Certain CEQA Decisions.
Actions on Projects.
Additional Environmental Review.
Evaluation of Modified Projects.
Multiple Actions on Projects.
 
SEC. 31.09.  DETERMINATION OF NEED FOR EVALUATION.
   Upon receiving an environmental evaluation application for a project; upon referral of a project by the board, commission or department that is to carry out or approve the project; or through such other process for rendering an exemption determination as the Environmental Review Officer shall authorize, the Environmental Review Officer shall determine whether such project is exempt from environmental review. For all projects that are not exempt from CEQA, prior to the City's decision as to whether to carry out or approve the project, the Environmental Review Officer shall conduct an initial study to establish whether a negative declaration or an environmental impact report is required. In the event it is clear at the outset that an environmental impact report is required, the Environmental Review Officer may make an immediate determination and dispense with the initial study.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
SEC. 31.10.  INITIAL EVALUATION OF PROJECTS.
   (a)   Each environmental evaluation application or referral shall include a project description using as its base the environmental information form set forth as Appendix H of the CEQA Guidelines, which form shall be supplemented to require additional data and information applicable to a project's effects, including consistency with the environmental issues included in the Eight Priority Policies set forth in Section 101.1 of the Planning Code and incorporated into the General Plan; shadow impacts, including the analysis set forth in Planning Code Section 295; and such other data and information specific to the urban environment of San Francisco or to the specific project. Each environmental evaluation application or referral shall be certified as true and correct by the applicant or referring board, commission or department. Each initial study shall include an identification of the environmental effects of a project using as its base the environmental checklist form set forth in Appendix G of the CEQA Guidelines and addressing each of the questions from the checklist form that are relevant to a project's environmental effects; provided that the checklist form shall be supplemented to address additional environmental effects, including consistency with the environmental issues included in the Eight Priority Policies set forth in Section 101.1 of the Planning Code and incorporated into the General Plan, shadow impacts, including the analysis set forth in Planning Code Section 295, and such other environmental effects specific to the urban environment of San Francisco or to the specific project.
   (b)   The initial study shall provide data and analysis regarding the potential for the project to have a significant effect on the environment. The basic criteria for determination of significant effect shall be consistent with the provisions set forth in CEQA.
   (c)   The applicant or the board, commission or department that is to carry out or approve the project shall submit to the Environmental Review Officer such data and information as may be necessary for the initial study. If such data and information are not submitted, the Environmental Review Officer may suspend work on the initial evaluation.
   (d)   During preparation of the initial study, the Environmental Review Officer may consult with any person having knowledge or interest concerning the project. In cases in which the project is to be carried out or approved by more than one government agency and the City is the lead agency, the Environmental Review Officer shall solicit input from all other government agencies that are to carry out or approve the project.
   (e)   If a project is subject to CEQA and the National Environmental Policy Act, an initial evaluation prepared pursuant to the National Environmental Policy Act may be used to satisfy the requirements of this Section.
   (f)   In accordance with CEQA, Public Resources Code Sections 21080(c) and 21080(d), based on the analysis and conclusions in the initial study, the Environmental Review Officer shall determine whether there is substantial evidence to support a "fair argument" that the project may have a significant effect on the environment and an environmental impact report is required, or whether a project could not have a significant effect on the environment and a negative declaration is required.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 116-06, File No. 060224, App. 6/1/2006; Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
SEC. 31.11.  NEGATIVE DECLARATIONS OR MITIGATED NEGATIVE DECLARATIONS.
   (a)   When the Environmental Review Officer determines that a negative declaration or a mitigated negative declaration is the appropriate level of environmental review required by CEQA, such determination shall be prepared by or at the direction of the Environmental Review Officer. Unless otherwise specifically stated, reference in this Chapter 31 to "negative declaration" shall collectively refer to a negative declaration and a mitigated negative declaration. The negative declaration shall include the information required by CEQA and in any event shall describe the project proposed, include the location of the property, preferably shown on a map, and the name of the project proponent, state the proposed finding that the project could not have a significant effect on the environment, and have attached to it a copy of the initial study documenting reasons to support that finding. The negative declaration shall also indicate mitigation measures, if any, included in the project to avoid potentially significant effects.
   (b)   The Environmental Review Officer shall first prepare a negative declaration on a preliminary basis, and shall post a copy of the proposed negative declaration in the offices of the Planning Department and on the Planning Department website.
   (c)   The Environmental Review Officer shall provide a notice of intent to adopt a negative declaration ("notice of intent") to those persons required by CEQA. In each instance, the Environmental Review Officer shall provide notice by:
      (1)   Mail to the applicant and the board(s), commission(s) or department(s) that will carry out or approve the project.
      (2)   Publication in a newspaper of general circulation in the City.
      (3)   Posting in the offices of the Planning Department.
      (4)   Posting on the subject site. The Planning Department shall develop guidance on the requirements for posting to assure that posters are visible from the closest public street or other public space.
      (5)   Mail to the owners of all real property, and to the extent practicable, the residential occupants, within the area that is the subject of the negative declaration and within 300 feet of all exterior boundaries of such area, and by mail to all organizations and individuals who have previously requested such notice in writing, sufficiently prior to adoption of the negative declaration to allow the public and agencies a review period of not less than 20 days, or 30 days if a 30-day circulation period is required by CEQA. In the case of City-sponsored projects that involve rezonings, Area Plans or General Plan amendments and are either citywide in scope or the total area of land that is part of the project, excluding the area of public streets and alleys, is 20 acres or more, the Environmental Review Officer shall provide notice by mail to the owners, and to the extent practicable, the residential occupants, within the exterior boundaries of the project area, and to all organizations and individuals who previously requested such notice in writing.
   (d)   The notice of intent shall specify the period during which comments are to be received, the date, time and place of any public hearings on the project when known to the Planning Department at the time of the notice, a brief description of the project and its location, the address where copies of the negative declaration and all documents referenced in the negative declaration are available for review, and the Planning Department staff contact. The notice of intent shall include a statement that no appeal of the negative declaration to the Board of Supervisors under Section 31.16 of this Chapter will be permitted unless the appellant first files an appeal of the preliminary negative declaration to the Planning Commission, and any other information as required by CEQA.
   (e)   Within 20 days, or 30 days if required by CEQA, following the publication of the notice of intent, any person may appeal the proposed negative declaration to the Planning Commission, specifying the grounds for such appeal, or submit comments on the proposed negative declaration.
   (f)   The Planning Commission shall schedule a public hearing on any such appeal within not less than 14 nor more than 30 days after the close of the appeal period. Notice of such hearing shall be posted in the offices of the Planning Department and on the Planning Department website, and shall be mailed to the appellant, to the applicant, to the board(s), commission(s) or department(s) that will carry out or approve the project, to any individual or organization that has submitted comments on the proposed negative declaration, and to any other individuals or organizations that previously have requested such notice in writing.
   (g)   After holding such hearing the Planning Commission shall affirm the proposed negative declaration if it finds that the project could not have a significant effect on the environment, may refer the proposed negative declaration back to the Planning Department for specified revisions, or shall overrule the proposed negative declaration and order preparation of an environmental impact report if it finds substantial evidence to support a fair argument that the project may have a significant effect on the environment.
   (h)   If the proposed negative declaration is not appealed as provided herein, or if it is affirmed on appeal, the negative declaration shall be considered final, subject to any necessary modifications. Thereafter, the first City decision-making body to act on approval of the project shall review and consider the information contained in the final negative declaration, together with any comments received during the public review process, and, upon making the findings as required by CEQA, shall adopt the negative declaration, prior to approving the project. A public notice of the proposed action to adopt the negative declaration and take the Approval Action for the project shall advise the public of its appeal rights to the Board of Supervisors with respect to the negative declaration following the Approval Action in reliance on the negative declaration and within the time frame specified in Section 31.16 of this Chapter. All decision-making bodies shall review and consider the negative declaration and make findings as required by CEQA prior to approving the project.
   (i)   At the time the City adopts a mitigated negative declaration, the decision-making body shall also adopt a program for reporting on or monitoring the mitigation measures for the project that it has either required or made a condition of approval to mitigate or avoid significant environmental effects.
   (j)   After the City has decided to carry out or approve the project and the project is considered finally approved as provided for in Section 31.16(b)(11), in accordance with CEQA procedures, and upon the payment of required fees by the project sponsor, the Environmental Review Officer shall file a notice of determination with the county clerk in the county or counties in which the project is to be located. If required by CEQA, the notice of determination shall also be filed with the California Office of Planning and Research. When the Environmental Review Officer files a notice of determination with the county clerk or the California Office of Planning and Research or both, the Planning Department also shall post a copy of the notice of determination in the offices of the Planning Department and on the Planning Department website, and mail a copy of the notice of determination to any organizations and individuals who previously have requested such notice in writing.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
(Former Sec. 31.11 amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.12.  DETERMINATIONS THAT ENVIRONMENTAL IMPACT REPORTS ARE REQUIRED.
   When the Environmental Review Officer determines that an environmental impact report is required by CEQA, the Environmental Review Officer shall distribute a notice of preparation in the manner and containing the information required by CEQA and provide such other notice as required by CEQA. In addition, the Environmental Review Officer shall prepare a notice advising the public of the notice of preparation and of any scheduled scoping meetings and publish the notice of preparation in a newspaper of general circulation in the City, post the notice of preparation in the offices of the Planning Department and on the Planning Department website, and mail the notice of preparation to the applicant, the board(s), commission(s) or department(s) that will carry out or approve the project and to all organizations and individuals who have previously requested such notice in writing.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
(Former Sec. 31.12 amended by Ord. 166-74, App. 4/11/74; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.13.  DRAFT ENVIRONMENTAL IMPACT REPORTS.
   (a)   When an environmental impact report ("EIR") is required, it shall be prepared by or at the direction of the Environmental Review Officer. The EIR shall first be prepared as a draft report.
   (b)   The applicant or the board, commission or department that is to carry out or approve the project shall submit to the Environmental Review Officer such data and information as may be necessary to prepare the draft EIR. If such data and information are not submitted, the Environmental Review Officer may suspend work on the draft EIR. The data and information submitted shall, if the Environmental Review Officer so requests, be in the form of all or a designated part or parts of the proposed draft EIR itself, although the Environmental Review Officer shall in any event make his or her own evaluation and analysis and exercise his or her independent judgment in preparation of the draft EIR for public review.
   (c)   During preparation of the draft EIR, the Environmental Review Officer may consult with any person having knowledge or interest concerning the project. If he/she has not already done so in accordance with Section 31.10 above, in cases in which the project is to be carried out or approved by more than one public agency, the Environmental Review Officer shall consult with all other public agencies that are to carry out or approve the project.
   (d)   When the draft EIR has been prepared, the Environmental Review Officer shall file a notice of completion of such draft with the California Office of Planning and Research as required by CEQA and make the draft EIR available through the State Clearinghouse if and as required by the California Office of Planning and Research.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
(Former Sec. 31.13 added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.14.  CONSULTATIONS AND COMMENTS.
   (a)   The Environmental Review Officer shall provide public notice of the availability of the draft EIR and schedule a public hearing on the draft EIR with the Planning Commission. The Environmental Review Officer shall provide the notice of availability at the same time that the notice of completion is filed as required by CEQA. The notice of availability shall be distributed at least 30 days prior to the scheduled public hearing on the draft EIR. The Environmental Review Officer shall distribute the notice of availability in the manner required by CEQA and in each instance shall:
      (1)   Send the notice to any public agencies that CEQA requires the lead agency to consult with and request comments from on the draft EIR, and may send copies of the draft EIR to and consult with other persons with special expertise with respect to any environmental impact involved.
         (A)   In sending such notices and copies of the draft EIR, the Environmental Review Officer shall request comments on the draft EIR from such agencies and persons, with particular focus upon the sufficiency of the draft EIR in discussing possible effects on the environment, ways in which adverse effects may be minimized, and alternatives to the project.
         (B)   For the types of projects set forth in Sections 31.08(e)(3)(A) and 31.08(e)(3)(B) of this Chapter 31, and for any other projects that may be subject to the approval of the Historic Preservation Commission, the Environmental Review Officer shall send a copy of the draft EIR to the Historic Preservation Commission and obtain any comments that the Historic Preservation Commission has on the draft EIR at a noticed public meeting. The Planning Department shall schedule the public meeting at least seven days prior to any Planning Commission hearing on the draft EIR. But, if the calendars of the two commissions do not allow such scheduling without extending the noticed public comment period, the Planning Department shall schedule the public meeting as far in advance of the Planning Commission hearing as possible, consistent with not extending the public comment period.
      (2)   Post the notice in the offices of the Planning Department and on the Planning Department website.
      (3)   Post on the subject site. The Planning Department shall develop guidance on the requirements for posting to assure that posters are visible from the closest public street or other public space.
      (4)   Publish the notice in a newspaper of general circulation in the City.
      (5)   Mail the notice to the applicant, the board(s), commission(s) or department(s) that will carry out or approve the project, and to any individuals or organizations that previously have requested such notice in writing.
      (6)   Mail the notice to the owners of all real property, and to the extent practicable, the residential occupants, within the area that is the subject of the environmental impact report and within 300 feet of all exterior boundaries of such area. In the case of City-sponsored projects that involve rezonings, area plans or General Plan amendments and are either citywide in scope or the total area of land that is part of the project, excluding the area of public streets and alleys, is 20 acres or more, the Environmental Review Officer shall provide notice by mail to the owners and, to the extent practicable, the residential occupants within the exterior boundaries of the project area, and to all organizations and individuals who previously requested such notice in writing.
   (b)   The notice of availability shall contain the information required by CEQA and in each instance shall:
      (1)   State the starting and ending dates for the draft EIR review period during which the Environmental Review Officer will receive comments and if comments are not returned within that time it shall be assumed that the agency or person has no comment to make. The public review period shall not be less than 30 days nor more than 60 days except under unusual circumstances. When a draft EIR is submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less than 45 days, unless a shorter period, not less than 30 days, is approved by the State Clearinghouse. The Planning Commission or the Environmental Review Officer may, upon the request of an agency or person with special expertise from whom comments are sought, grant an extension of time beyond the original period for comments, but such extension shall not prevent with the holding of any hearing on the draft EIR for which notice has already been given.
      (2)   State the time, place and date of the scheduled Planning Commission hearing on the draft EIR and all hearings at which the Environmental Review Officer will take testimony.
      (3)   State that only commenters on the Draft EIR will be permitted to file an appeal of the certification of the Final EIR to the Board of Supervisors under Section 31.16 of this Chapter.
   (c)   The Planning Department shall make the draft EIR available to the public upon the date of the notice of availability. The Planning Department shall post a copy of the draft EIR on the Planning Department website and provide a copy of the draft EIR to the applicant and to such board(s), commission(s) or department(s) and to any organizations or individuals who previously have requested a copy in writing, in electronic form on a text searchable digital storage device or by text searchable electronic mail transmission when an email address is provided, unless a printed hard copy is specifically requested.
   (d)   Public participation, both formal and informal, shall be encouraged at all stages of review, and written comments shall be accepted at any time up to the conclusion of the public comment period. The Environmental Review Officer may give public notice at any formal stage of the review process, beyond the notices required by this Chapter 31 and CEQA, in any manner the Environmental Review Officer may deem appropriate.
   (e)   The Planning Commission shall hold a public hearing on every draft EIR during the public comment period. The Environmental Review Officer may, upon delegation by the Planning Commission, take testimony at supplemental public hearing(s) on draft EIRs, in addition to, and not in lieu of, the hearing conducted by the Planning Commission, and shall report to and make all testimony received by the Environmental Review Officer available to the Planning Commission at a public hearing.
   (f)   To the extent practicable, any comments already received from any agency, organization or individual shall be available at the public hearing.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
(Former Sec. 31.14 added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.15.  FINAL ENVIRONMENTAL IMPACT REPORTS.
   (a)   A final EIR shall be prepared by, or at the direction of, the Environmental Review Officer, based upon the draft EIR, the consultations and comments received during the review process, and additional information that may become available. Not less than 10 days prior to the Planning Commission hearing to consider certification of the final EIR, the final EIR shall be made available to the public and to any board(s), commission(s) or department(s) that will carry out or approve the project.
   (b)   The final EIR shall include a list of agencies and persons consulted, the comments received, either verbatim or in summary, and a response to any comments that raise significant points concerning effects on the environment. The response to comments may take the form of revisions within the draft EIR, or by adding a separate section in the final EIR, or by providing an explanation in response to the comment.
   (c)   An administrative record of proceedings shall be kept of each case in which an EIR is prepared, including all comments received in writing in addition to a record of the public hearing. The final EIR shall indicate the location of such record. The Environmental Review Officer shall cause the hearing on the draft EIR to be recorded by a phonographic reporter and transcribed and retained as part of the administrative record. Any separate or additional transcription of a hearing record shall be at the expense of the person requesting such transcription.
   (d)   When the final EIR has been prepared and in the judgment of the Planning Commission it is adequate, accurate and objective, reflecting the independent judgment and analysis of the Planning Commission, the Planning Commission shall certify its completion in compliance with CEQA. The notice of the Planning Commission hearing on the certification of the final EIR shall inform the public of its appeal rights to the Board of Supervisors with respect to the final EIR within the time frame specified in Section 31.16 of this Chapter. The certification of completion shall contain a finding as to whether the project as proposed will, or will not, have a significant effect on the environment.
   (e)   After the City has decided to carry out or approve the project and the project is considered finally approved as provided for in Section 31.16(b)(11), in accordance with CEQA procedures and upon the payment of required fees by the project sponsor, the Environmental Review Officer shall file a notice of determination with the county clerk in the county or counties in which the project is to be located. If required by CEQA, the notice of determination shall also be filed with the California Office of Planning and Research. The Environmental Review Officer shall also post the notice of determination in the offices of the Planning Department and on the Planning Department website, and mail a copy to any organizations and individuals who previously have requested such notice in writing.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
(Former Sec. 31.15 added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.16.  APPEAL OF CERTAIN CEQA DECISIONS.
   (a)   Decisions Subject to Appeal. In accordance with the provisions set forth in this Section 31.16, the following CEQA decisions may be appealed to the Board of Supervisors (the "Board"): (1) certification of a final EIR by the Planning Commission; (2) adoption of a negative declaration by the first decision-making body; and (3) determination by the Planning Department or any other authorized City department that a project is exempt from CEQA.
   (b)   Appeal Procedures. In addition to the applicable requirements of Section 31.16(c) pertaining to EIRs, Section 31.16(d) pertaining to negative declarations or Section 31.16(e) pertaining to exemption determinations, the following requirements shall apply to an appeal of any of the decisions listed in Section 31.16(a).
      (1)   The appellant shall submit a letter of appeal to the Clerk of the Board within the time frames set forth in Sections 31.16(c), (d), or (e), as applicable. The letter of appeal shall state the specific grounds for appeal, and shall be accompanied by a fee, as set forth in Section 31.22 of this Chapter, payable to the San Francisco Planning Department. The appellant shall sign the letter of appeal, or may have an agent, file an appeal on his or her behalf. The appellant shall submit with the appeal a copy of the CEQA decision being appealed, if available, and otherwise shall submit it when available. The appellant shall submit a copy of the letter of appeal and any other written materials submitted to the Clerk in support of the appeal to the Environmental Review Officer at the time appellant submits the letter of appeal to the Clerk of the Board. The submission to the Environmental Review Officer may be made by electronic means. An appeal shall be accepted by the Clerk with notice given to the appellants that the acceptance is conditioned upon the Planning Department determining that the appeal of the CEQA decision, whether rendered by the Planning Department or another City commission, department, agency or official, has been filed in a timely manner, and the Clerk otherwise determining that the appeal complies with the requirements of this section. The Planning Department shall make such determination within three working days of receiving the Clerk's request for review. Within seven working days of the filing of the appeal the Clerk shall mail notice to the appellants of the acceptance or rejection of the appeal. The Clerk of the Board may reject an appeal if appellant fails to comply with this Section 31.16(b)(1).
      (2)   After receipt of the letter of appeal, the Environmental Review Officer shall promptly transmit copies of the environmental review document no later than 11 days prior to the scheduled hearing to the Clerk of the Board and make the administrative record available to the Board.
      (3)   For projects that require multiple City approvals, after the Clerk has scheduled the appeal for hearing and until the CEQA decision is affirmed by the Board, (A) the Board may not take action to approve the project but may hold hearings on the project and pass any pending approvals out of committee without a recommendation for the purpose of consolidating project approvals and the CEQA appeal before the full Board, and (B) other City boards, commissions, departments and officials shall not carry out or consider further the approval of the project that is the subject of the CEQA decision on appeal except activities that are essential to abate hazards to the public health and safety, including abatement of hazards on a structure or site determined by the appropriate City official, including but not limited to the Director of Building Inspection, the Director of Public Works, the Director of Public Health, the Fire Marshal or the Port Chief Engineer, to be an emergency presenting an imminent hazard to the public and requiring immediate action.
      (4)   The Clerk of the Board shall schedule a hearing on the appeal before the full Board. The Clerk shall schedule the hearing no less than 21 and no more than 45 days following expiration of the time frames set forth in Sections 31.16(c), (d), or (e), as applicable, for filing an appeal. If more than one person submits a letter of appeal, the Board President may consolidate such appeals so that they are heard simultaneously. The Clerk shall provide notice of the appeal by mail to the appellant or appellants and to all organizations and individuals who previously have requested such notice in writing. The Clerk shall provide such notice no less than 14 days prior to the date the appeal is scheduled to be heard by the Board. The Planning Department shall provide to the Clerk of the Board the list of individuals and organizations that have commented on the decision or determination in a timely manner, or requested notice of an appeal, no less than 20 days prior to the scheduled hearing.
      (5)   Members of the public, appellant and real parties in interest or City agencies sponsoring the proposed project may submit written materials to the Clerk of the Board no later than noon, 11 days prior to the scheduled hearing. The Clerk will distribute any written document submitted by noon, eight days prior to the scheduled hearing to the Board through the Board's normal distribution procedures.
      (6)   The Board shall conduct its own independent review of whether the CEQA decision adequately complies with the requirements of CEQA. The Board shall consider anew all facts, evidence and issues related to the adequacy, accuracy and objectiveness of the CEQA decision, including, but not limited to, the sufficiency of the CEQA decision and the correctness of its conclusions.
      (7)   The Board shall act on an appeal within 30 days of the date scheduled for the hearing, provided that if the full membership of the Board is not present on the last day on which the appeal is set for a decision within said 30 days, the Board may postpone a decision thereon until, but not later than, the full membership of the Board is present; and provided further, if the Board of Supervisors does not conduct at least three regular Board meetings during such 30 day period, the Board of Supervisors shall decide such appeal within 40 days of the time set for the hearing thereon or at the next regularly scheduled Board meeting should such deadline fall within a Board recess; and provided further that the latest date to which said decision may be so postponed under this Section shall be not more than 90 days from the expiration of the time frames set forth in Sections 31.16(c), (d), or (e), as applicable, for filing an appeal.
      (8)   The Board may affirm or reverse any CEQA decision by a vote of a majority of all members of the Board. A tie vote shall be deemed to be disapproval of the CEQA decision. The Board shall act by motion. The Board shall adopt findings in support of its decision, which may include adoption or incorporation of findings made by the Planning Commission, Environmental Review Officer or other City department authorized to act on the CEQA decision below. If the Board reverses the CEQA decision, the Board shall adopt specific findings setting forth the reasons for its decision.
      (9)   If the Board affirms the CEQA decision, the date of the final EIR, the final negative declaration, or final exemption determination shall be the date upon which the Planning Commission, Planning Department, Environmental Review Officer or other authorized City department, as applicable, first certified the EIR adopted the negative declaration or issued the exemption determination and any actions approving the project made prior to the appeal decision shall be deemed valid.
      (10)   If the Board reverses the CEQA decision, the prior CEQA decision and any actions approving the project in reliance on the reversed CEQA decision, shall be deemed void.
      (11)   The date the project shall be considered finally approved shall occur no earlier than either the expiration date of the appeal period if no appeal is filed, or the date the Board affirms the CEQA decision, if the CEQA decision is appealed.
   (c)   Appeal of Environmental Impact Reports. In addition to those requirements set forth in Section 31.16(b) above, the following requirements shall apply only to appeals of EIRs.
      (1)   Any person or entity that has submitted comments to the Planning Commission or the Environmental Review Officer on a draft EIR, either in writing during the public review period, or orally or in writing at a public hearing on the EIR, may appeal the Planning Commission's certification of the final EIR.
      (2)   The appellant of a final EIR shall submit a letter of appeal to the Clerk of the Board no later than 30 days after the Planning Commission's certification of the EIR.
      (3)   The grounds for appeal of an EIR shall be limited to whether the EIR complies with CEQA, including whether it is adequate, accurate and objective, sufficient as an informational document, correct in its conclusions, and reflects the independent judgment and analysis of the City and whether the Planning Commission certification findings are correct.
      (4)   The Board shall affirm the Planning Commission's certification of the final EIR if the Board finds that the final EIR complies with CEQA, including that it is adequate, accurate and objective, sufficient as an informational document, correct in its conclusions, and reflects the independent judgment and analysis of the City and that the Planning Commission certification findings are correct.
      (5)   The Board shall reverse the Planning Commission's certification of the EIR if the Board finds that the EIR does not comply with CEQA, including that it is not adequate, accurate and objective, is not sufficient as an informational document, that its conclusions are incorrect or it does not reflect the independent judgment and analysis of the City, or that the Planning Commission certification findings are incorrect. If the Board reverses the Planning Commission's certification of the final EIR, it shall remand the final EIR to the Planning Commission for further action consistent with the Board's findings. Any further appeals of the EIR shall be limited only to the portions of the EIR that the Planning Commission has revised and any appellant shall have commented on the revised EIR at or before a public hearing held on the revised EIR or the project, if any, The Board's subsequent review, if any, also shall be limited to the portions of the EIR that the Planning Commission has revised including, without limitation, new issues that have been addressed. Any additional appeals to the Board shall comply with the procedures set forth in this Section 31.16.
   (d)   Appeal of Negative Declarations. In addition to those requirements set forth in Section 31.16(b) above, the following requirements shall apply only to appeals of negative declarations.
      (1)   Any person or entity that has filed an appeal of the preliminary negative declaration with the Planning Commission during the public comment period provided by this Chapter 31 for filing comments on the preliminary negative declaration may appeal the Planning Commission's approval of the final negative declaration.
      (2)   The appellant of a negative declaration shall submit a letter of appeal to the Clerk of the Board after the Planning Commission approves the final negative declaration and within 30 days after the Date of the Approval Action for the project taken in reliance on the negative declaration.
      (3)   The grounds for appeal of a negative declaration shall be limited to whether, in light of the whole record before the Board, the negative declaration conforms to the requirements of CEQA and there is no substantial evidence to support a fair argument that the project may have a significant effect on the environment, and in the case of a mitigated negative declaration, the adequacy and feasibility of the mitigation measures.
      (4)   The Board shall affirm the Planning Commission approval of the negative declaration if it finds that the negative declaration conforms to the requirements of CEQA and that the record does not include substantial evidence to support a fair argument that the project may have a significant effect on the environment.
      (5)   The Board shall reverse the Planning Commission approval of the negative declaration if it finds that the negative declaration does not conform to the requirements of CEQA or there is substantial evidence to support a fair argument that the project may have a significant effect on the environment that has not been avoided or mitigated to a less than significant level by mitigation measures or project modifications agreed to by the project sponsor or incorporated into the project. If the Board reverses the decision of the Planning Commission, it shall remand the negative declaration to the Planning Department for further action consistent with the Board's findings.
         (A)   In the event the Board remands the negative declaration to the Planning Department for revision, the Environmental Review Officer shall finalize the revised negative declaration and send notice to the public, as set forth in Section 31.11 of this Chapter, of the availability of the revised negative declaration. No appeal to the Planning Commission of the revised negative declaration shall be required. In the event an organization or individual wishes to appeal the revised negative declaration, such appeal shall be made directly to the Board of Supervisors within 30 days of publication of the revised negative declaration and shall comply with the procedures set forth in this Section 31.16. The Board's subsequent review, if any, shall be limited to the portions of the negative declaration that the Planning Department has revised.
         (B)   In the event the Board determines that a project may have a significant effect on the environment that cannot be avoided or mitigated to a less than significant level and, therefore, an EIR is required, the Planning Department shall prepare an EIR in accordance with CEQA and this Chapter 31. Any subsequent appeal to the Board shall comply with the procedures set forth in this Section 31.16.
   (e)   Appeal of Exemption Determinations. In addition to those requirements set forth in Section 31.16(b) above, the following requirements shall apply to appeals of exemption determinations.
      (1)   Any person or entity may appeal the exemption determination by the Planning Department or other authorized City department to the Board.
      (2)   The appellant of an exemption determination shall submit a letter of appeal to the Clerk of the Board within the following time frames as applicable:
         (A)   For a private project seeking a permit, license or other entitlement for use for which the City otherwise provides an appeal process for the entitlement, the appeal of an exemption determination shall be filed after the Planning Department issues the exemption determination and within 30 days after the Date of the Approval Action, regardless of whether the Approval Action is subject to a shorter appeal period. Departments that issue permits or entitlements supported by exemption determinations shall take steps as they determine appropriate to advise applicants seeking permits, licenses or other entitlements for use of the 30-day appeal period for the exemption determination.
         (B)   For all projects not covered by Section (A):
            (i)   If the Approval Action is taken following a noticed public hearing as provided for in Section 31.08(f) of this Chapter, the appeal of an exemption determination shall be filed after the Planning Department issues the exemption determination and within 30 days after the Date of the Approval Action.
            (ii)   If the Approval Action is taken without a noticed public hearing as provided for in Section 31.08(f) of this Chapter, the appeal of an exemption determination shall be filed after the Planning Department issues the exemption determination and within 30 days after the first date the Planning Department posts on the Planning Department's website a notice as provided in Section 31.08(g) of this Chapter.
         (C)   As to an exemption determination for a project for which no City entity posted the exemption determination on the City's website or otherwise provided public notice of the exemption determination under this Chapter 31, an appeal may be filed within 30 days following the appellant's discovery of the exemption determination.
      (3)   The grounds for appeal of an exemption determination shall be limited to whether the project conforms to the requirements of CEQA for an exemption.
      (4)   The Board shall affirm the exemption determination if it finds that the project conforms to the requirements set forth in CEQA for an exemption.
      (5)   The Board shall reverse the exemption determination if it finds that the project does not conform to the requirements set forth in CEQA for an exemption. If the Board finds that the project does not conform to the requirements set forth in CEQA for an exemption, the Board shall remand the exemption determination to the Planning Department for further action consistent with the Board's findings. In the event the Board reverses the exemption determination of any City department other than the Planning Department, the exemption determination shall be remanded to the Planning Department, and not the City department making the original exemption determination, for consideration of the exemption determination in accordance with the Board's directions.
 
(Added by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
(Former Sec. 31.16 added by Ord. 40-01, File No. 001007, App. 3/16/2001; deleted by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
(Former Sec. 31.16 amended by Ord. 166-74, App. 4/11/74; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.17.  ACTIONS ON PROJECTS.
   (a)   The certification of completion and the final EIR shall be transmitted by the Environmental Review Officer to the applicant and the board, commission or department that is to carry out or approve the project, and shall be presented to the body which will decide whether to carry out or approve the project. These documents shall also be presented to any appellate body in the event of an appeal from the decision whether to carry out or approve the project.
   (b)   Before making its decision whether to carry out or approve the project, the decision-making body or appellate body shall review and consider the information contained in the EIR and shall make findings as required by CEQA.
   (c)   Thereafter, the decision-making body or appellate body may make its decision whether to carry out or approve the project.
   (d)   After the City has decided to carry out or approve the project, the Environmental Review Officer may file a notice of determination with the county clerk of the county or counties in which the project is to be located and as required by CEQA. Such notice shall contain the information required by CEQA.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
(Former Sec. 31.17; added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.18.  ADDITIONAL ENVIRONMENTAL REVIEW.
   If the Environmental Review Officer or a decision-making body, as defined in CEQA, determine that additional environmental review is required by CEQA, or if modifications to a project require additional environmental review, such review will be conducted as provided by CEQA and in accordance with the applicable procedures set forth in this Chapter 31.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.19.  EVALUATION OF MODIFIED PROJECTS.
   (a)   After evaluation of a proposed project has been completed pursuant to this Chapter, a substantial modification of the project may require reevaluation of the proposed project.
   (b)   When the Environmental Review Officer determines that a change in an exempt project is a substantial modification as defined in Section 31.08(i), the Environmental Review Officer shall make a new CEQA decision as provided in this Chapter.
      (1)   If the Environmental Review Officer again determines that the project as  modified is exempt, the Environmental Review Officer shall make a new exemption determination in accordance with the applicable provisions of Section 31.08(e).
      (2)   If the Environmental Review Officer determines that the modified project is not exempt, an initial study shall be conducted as provided in this Chapter.
      (3)   The Planning Department may issue guidance to other City departments in determining the type of project modification that might occur after an Approval Action that would require additional CEQA review. The guidance may also advise on the process and considerations that the Planning Department would use in such cases to determine whether to issue a new exemption determination or undertake further environmental review.
   (c)   Where such a modification occurs as to a project for which a negative declaration has been adopted or a final EIR has been certified, the Environmental Review Officer shall reevaluate the proposed project in relation to such modification.
      (1)   If, on the basis of such reevaluation, the Environmental Review Officer determines, based on the requirements of CEQA, that no additional environmental review is necessary, this determination and the reasons therefor shall be noted in writing in the case record, and no further evaluation shall be required by this Chapter. Notice of any such written determination and the reasons therefor shall be posted in the Planning Department, and shall be mailed to the applicant, the board, commission or department that will carry out or approve the project, to any individual or organization that has commented on the environmental document, and to any other individual or organization requesting such notice in writing.
      (2)   If, on the basis of such reevaluation, the Environmental Review Officer determines that additional environmental review is necessary, the project shall be considered a new project for purposes of environmental review pursuant to this Chapter. In that event, a new evaluation shall be completed prior to the decision by the City as to whether to carry out or approve the project as modified. CEQA sets forth specific requirements for the determination of whether a supplemental or subsequent EIR is necessary, as well as the process therefor.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 161-13, File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
SEC. 31.20.  MULTIPLE ACTIONS ON PROJECTS.
   (a)   The concept of a project is broadly defined by CEQA so that multiple actions of the same or of different kinds may often constitute a single project. This concept of a project permits all the ramifications of a public action to be considered together, and avoids duplication of review.
   (b)   Early and timely evaluation of projects and preparation of EIRs shall be emphasized.
   (c)   Only one initial study, negative declaration or EIR shall be required for each project.
   (d)   For purposes of determining the appropriate time for evaluation of projects and preparation of EIRs pursuant to this Chapter, there shall be only one relevant decision by the City to carry out or approve, or not to carry out or approve, a project. However for other purposes there may be more than one determination by the same or separate boards, commissions and departments of the City, either discretionary or ministerial, affecting the carrying out or approval of the project. The authority and effectiveness of any other such determinations, including determinations by the Board of Appeals or any other appellate body, shall not be diminished by anything in this Chapter.
   (e)   Only one evaluation of a project or preparation of an EIR shall occur in cases in which both the City and one or more other public agencies are to carry out or approve a project. In such cases the evaluation or preparation is performed by the lead agency, which agency is selected by reference to criteria in CEQA.
   (f)   CEQA provides that a single initial study, negative declaration or EIR may be employed for more than one project, if all such projects are essentially the same in terms of environmental effects. Furthermore, an initial study, negative declaration or EIR prepared for an earlier project may be applied to a later project, if the circumstances of the projects are essentially the same.
   (g)   Reference is made in CEQA to simultaneous consideration of multiple and phased projects, related projects, cumulative effects of projects, projects elsewhere in the region, existing and planned projects.
   (h)   With respect to projects preceding CEQA, and projects for which evaluations and EIRs have already been completed, or on which substantial work has been performed, CEQA makes provision as to when, if at all, a new evaluation or EIR must be prepared. An effort shall be made, in preparation of evaluations and EIRs, to consider alternatives and thus avoid the need for such further review of the project.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
Editor's Note regarding Operative Date of Ord. 161-13:
   Ordinance 161-13 amends sections of this Article, as shown in the history notes above. Section 6 of that ordinance provides as follows:
Operative Date. This ordinance shall become operative on the later date of September 1, 2013, or five business days after the Secretary of the Planning Commission provides a memorandum to the Clerk of the Board of Supervisors advising that the Planning Commission has held a public hearing at which the Planning Department has demonstrated to the Planning Commission that it has updated its website to provide up-to-date information to the public about each CEQA exemption determination in a format searchable by location, such as through the "Active Permits In My Neighborhood" tool now used by the Planning Department and the Building Department.
   At the direction of the Office of the City Attorney, the publisher incorporated the amendments made by Ord. 161-13 into this Code on September 25, 2013.
ARTICLE IV:
FEES
 
Allocation of Costs.
Fees.
Other Fees.
Community Plan Fees.
 
SEC. 31.21.  ALLOCATION OF COSTS.
   (a)   The costs of initial evaluations, preparation of environmental impact reports, notices, hearings and other aspects of administering this Chapter 3.1 shall be borne as follows:
      (1)   For a project to be carried out by the City: By the board, commission or department that is to carry out such project, as part of the budgeted project costs.
      (2)   For a project to be carried out by any person other than the City: By such person.
      (3)   For the taking of an appeal to the Planning Commission: By the appellant.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001) (Former Sec. 31.21; added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01)
SEC. 31.22.  FEES.
   (a)   Authorization of Fees. The Planning Department shall charge fees to compensate the Department for the cost of performing the activities and providing the services described in Chapter 31 of this Code. Notwithstanding the procedures set forth in this Section 31.22, the Board of Supervisors may modify the fees by ordinance at any time.
   (b)   Base Fees. The base 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. ______, available in Board of Supervisors File No. 160632 and on the website of the Board of Supervisors. The base fees stated in Section 4 of that ordinance are the fees in effect as of the date of introduction of the ordinance.
   (c)   Annual Adjustment of Base 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 stated in Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 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 tile 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.
      No later than September of each year, the Department's Fee Schedule showing the current fee amounts inclusive of annual adjustments shall be published in an Appendix to the Planning Code, posted on the Department's website, and made available upon request at the main office of the Department.
   (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. 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).
   (e)   Estimated Construction Costs. Estimated construction costs are as defined by the San Francisco Building Code.
   (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 time of the filing of the environmental evaluation application. Where an environmental impact report is determined to be required, the fee specified for preparation of an environmental impact report 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 his/her 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 in consider the project or before any Environmental Impact Report is published.
   (g)   Time and Materials. The Planning Department shall charge the applicant for any time and material costs incurred in excess of the initial fee charged if required to recover the Department's costs for providing services. Provided, however, that where a different limitation on time and materials is set forth elsewhere in this Article IV, then that limitation shall prevail.
   (h)   Deferred or Reduced Fee.
      (1)   Any fraternal, charitable, benevolent or any other nonprofit organization, that is exempt from taxation under the Internal Revenue laws of the United States and the Revenue and Taxation Code of the State of California as a bona fide fraternal, charitable, benevolent or other nonprofit organization, or public entity that submits an application for the development of residential units or dwellings all of which are affordable to low and moderate income households, as defined by the United State Housing and Urban Development Department, for a time period that is consistent with the policy of the Mayor's Office of Housing and Community Development and the Successor Agency to the San Francisco Redevelopment Agency may defer payment of the applicable fees, with the exception of the fees for (A) an appeal of an environmental determination to the Planning Commission or Board of Supervisors or (B) reactivation of an application that the Environmental Review Officer has deemed withdrawn due to inactivity, until the time of issuance of the building permit, before the building permit is released to the applicant; or within one year of the date of completion of the environmental review document, whichever is sooner. This exemption shall apply notwithstanding the inclusion in the development of other nonprofit ancillary or accessory uses.
      (2)   An exemption from paying the full fees for an appeal of an environmental determination to the Planning Commission or Board of Supervisors may be granted when the requestor's income is not enough to pay the fee without affecting his or her ability to pay for the necessities of life, provided that the person seeking the exemption demonstrates to the Director of Planning or his/her designee that he or she is would be substantially affected by the proposed project.
      (3)   Exceptions to the payment provisions noted above may be made when the Director of Planning or his/her designee has authorized 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 to consider the project or before any Environmental Impact Report is published.
   (i)   Refunds. When a request for an initial evaluation or for preparation of an environmental impact report is (1) either withdrawn by the applicant prior to publication of an environmental document or (2) deemed canceled by the Planning Department due to inactivity on the part of the applicant, then the applicant shall be entitled to a refund of the fees paid to the Department less the time and materials expended. Refund requests must be submitted within six months of the project closure date.
   (j)   Late Charges and Collection of Overdue Accounts. The Director or his/her designee shall call upon the Bureau of Delinquent Revenues or duly licensed collection agencies for assistance in collecting delinquent accounts more than 60 days in arrears, in which case any additional costs of collection may be added to the fee amount outstanding. If the Department seeks the assistance of a duly licensed collection agency, the approval procedures of Administrative Code Chapter 10, Article V, Section 10.39-1et seq. will be applicable.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 155-04, File No. 040820, App. 7/8/2004; Ord. 175-05, File No. 050917, App. 7/29/2005; Ord. 185-06, File No. 060697, App. 7/21/2006; Ord. 155-08, File No. 080738, App. 7/30/2008; Ord. 213-10, File No. 100724, App. 8/4/2010; Ord. 155-11, File No. 110706, App. 8/1/2011, Eff. 8/31/2011; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 141-15 , File No. 150566, App. 8/6/2015, Eff. 9/5/2015; Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)
(Former Sec. 31.22 amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.23.  OTHER FEES.
   (a)   Where an initial evaluation or preparation of an environmental impact report and related environmental studies require the use of special expertise or technical assistance not provided by the board, commission, department or other person who is to carry out the project, such expertise or assistance shall be paid for by such board, commission, department or other person. This payment shall be made either to the Planning Department or, if the Planning Department so requests, directly to the party that will provide such expertise or technical assistance.
   (b)   Where outside consultants are used for such purposes, and the project is to be directly carried out by a person other than a board, commission or department of the City, such consultants shall report their findings directly to the Planning Department.
   (c)   Where employees of the City are used for such purposes, the costs of such employees shall be paid to the board, commission or department providing such employees.
   (d)   In addition to any filing fees required by statute, the County Clerk shall collect a documentary handling fee in the amount of $33 for each filing made pursuant to California Fish and Game Code Section 711.4, Subdivision (d).
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 185-06, File No. 060697, App. 7/21/2006; Ord. 155-08, File No. 080738, App. 7/30/2008; Ord. 213-10, File No. 100724, App. 8/4/2010; Ord. 155-11, File No. 110706, App. 8/1/2011, Eff. 8/31/2011)
(Former Sec. 31.23 amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
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, available in Board of Supervisors File No. 160632 and on the website of the Board of Supervisors, as stated in Section 31.22(b) of this Code, and adjusted annually in accordance with the procedure established under Section 31.22(c).
   (b)   The Planning Department shall recover the cost of preparing and defending programmatic EIRs, including consultant and City Attorney costs, from project sponsors that file or have filed projects in recently adopted Plan Areas (after July 1, 2005) and filed projects within 10 years of the Programmatic EIR certification. The fee shall be a proportional share of the cost of the Programmatic EIR, which is equal to the Department's average time and material costs to prepare and defend a Programmatic EIR divided by the buildable envelope times the square footage of the proposed project.
   (c)   Except as provided in Subsection (d) below for projects in the Transit Center District area, if at the time of Community Plan adoption, a project application undergoing review required amendments for height or bulk districts or General Plan amendments and now complies with the Community Plan Zoning, the applicant may choose to pay either the fees specified in Section 31.22 or Section 31.23.1. For projects that paid fees under Section 31.22 and opt to pay fees under Section 31.23.1, the applicant shall withdraw the application filed under Section 31.22 and file a new application. Applicants that file a new application and pay the Section 31.23.1 fees shall be entitled to a refund under Section 31.22(f).
   (d)   Projects in the Transit Center District area that require amendments for height or bulk district or General Plan amendments at the time of project application shall pay the fees specified in Subsection (b) above and the fees for projects determined not to qualify for a Community exemption or exclusion. For projects that paid fees under Section 31.22, the applicant shall pay the difference between Section 31.22 fees and the fees specified in this Subsection (d).
(Added by Ord. 155-08, File No. 080738, App. 7/30/2008; amended by Ord. 213-10, File No. 100724, App. 8/4/2010; Ord. 155-11, File No. 110706, App. 8/1/2011, Eff. 8/31/2011; Ord. 149-16 , File No. 160632, App. 8/1/2016, Eff. 8/31/2016)
ARTICLE V:
SEVERABILITY
 
Severability. 
 
SEC. 31.24.  SEVERABILITY.
   (a)   If any article, section, subsection, paragraph, sentence, clause or phrase of this Chapter, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, or other competent agency, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter 31 or any part thereof. The Board hereby declares that it would have passed each article, section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
   (b)   If the application of any provision or provisions of this Chapter to any person, property or circumstances is found to be unconstitutional or invalid or ineffective in whole or in part by any court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the person, property or circumstances immediately involved in the controversy, and the application of any such provision to other persons, properties and circumstances shall not be affected.
   (c)   This Section 31.24 shall apply to this Chapter 31 as it now exists and as it may exist in the future, including all modifications thereof and additions and amendments thereto.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001)
(Former Sec. 31.24; amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.25.
(Amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.26.
(Amended by Ord. 20-81, App. 1/9/81; Ord. 354-95, App. 11/15/95; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.27.
(Amended by Ord. 166-74, App. 4/11/74; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.28.
(Amended by Ord. 166-74, App. 4/11/74; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.29.
(Amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.31.
(Amended by Ord. 166-74, App. 4/11/74; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.35.
(Amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.36.
(Amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.41.
(Added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.45.
(Added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.46.
(Added by Ord. 173-91, App. 5/1/91; amended by Ord. 123-92, App. 5/1/92; Ord. 150-92, App. 5/29/92; Ord. 317-92, App. 10/29/92; Ord. 149-93, App. 5/25/93; Ord. 214-94, App. 6/2/94; Ord. 177-95, App. 6/2/95; Ord. 354-95, App. 11/15/95; Ord. 305-96, App. 7/25/96; Ord. 338-97, App. 8/29/97; Ord. 169-98, App. 5/21/98; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.47.
(Amended by Ord. 91-86, App. 3/21/86; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.50.
(Added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
SEC. 31.60.
(Added by Ord. 154-91, App. 4/25/91; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)