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(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)