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“Affiliate” shall mean any individual or entity that directly or indirectly controls, is controlled by or is under common control with, another entity, and for these purposes “control” means the power to direct the affairs or management of another entity, whether by contract, operation of law or otherwise.
“CEQA” shall mean the California Environmental Quality Act (Public Resources Code Section 21,000 et seq.), the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.), and Chapter 31 of the San Francisco Administrative Code, as any of them may be amended.
“Developer” shall mean the individual or entity that is the project sponsor responsible for filing a completed Environmental Evaluation Application with the Planning Department (or other lead agency) under CEQA for a major project. For any project sponsor that is an entity, “Developer” shall include all of its constituent individuals or entities that have decision-making authority regarding any of the entity’s major decisions or actions. By way of example and without limitation, if the project sponsor is a limited liability company, each of its members is considered a developer for purposes of the requirements of this Chapter, and similarly if the project sponsor is a partnership, each of its general partners is considered a developer for purposes of the requirements of this Chapter. If the owner or agent that signs and submits the Environmental Evaluation Application will not be responsible for obtaining the entitlements or developing the major project, then for purposes of the requirements of this Chapter the developer shall be instead the individual or entity that is responsible for obtaining the entitlements for the major project.
“Donation” shall mean any gift of money, property, goods or services.
“EIR” shall mean an environmental impact report prepared under CEQA. For purposes of this Chapter, an EIR shall also include, without limitation, any CEQA determination that the Planning Department or Planning Commission (or other appropriate lead agency) makes to allow consideration of approval of a major project to proceed under an EIR, a previously certified program EIR, master EIR or staged EIR.
“Entity” shall mean any partnership, corporation (including, but not limited to, any business trust or nonprofit corporation), limited liability company, joint stock company, trust, unincorporated association, joint venture or any other organization or association. “Entity” shall not include any state or local government agency.
“Major project” shall mean a real estate development project located in the City and County for which the City’s Planning Commission (or any other local lead agency) has certified an EIR under CEQA and which has estimated construction costs exceeding $1,000,000. As used in the preceding sentence, the term “real estate development project” includes any project involving construction of one or more new structures or an addition to one or more existing structures, change of use within one or more existing structures, or substantial rehabilitation of one or more existing structures, where, in any such instance, the structure includes any occupiable floor area, excluding only a residential development project with four or fewer dwelling units. Estimated construction costs shall be calculated in the same manner used to determine building permit fees under the Building Code.
“Nonprofit organization” shall mean any corporation formed under California Corporations Code Section 5000 et seq. for any public or charitable purpose, or any organization described in 26 United States Code Section 501(c).
“Structure” shall have the same meaning as the Planning Code defines such term.
(Added by Ord. 98-14
, File No. 130374, App. 6/26/2014, Eff. 7/26/2014; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(Former Sec. 3.510 added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition E, 11/4/2003)
(a) Any developer of a major project shall, within 30 days of the date the Planning Commission (or any other local lead agency) certifies the EIR for that project or, for a major project relying on a program EIR, within 30 days of the date that the Planning Department, Planning Commission, or any other local lead agency adopts a final environmental determination under CEQA, report the following information to the Ethics Commission:
(1) The name, business address, business e-mail address and business telephone number of the developer, as well as those of any affiliates that made donations subject to this Chapter.
(2) The EIR case number and a description of the major project.
(3) The date the Planning Commission (or other local lead agency) certified the EIR or adopted the final environmental determination.
(4) The name, business address, business e-mail address, business telephone number and website of any nonprofit organization: (A) to whom the developer or any affiliate of the developer has made cumulative donations of $5,000 or more since the date one year before the Environmental Evaluation Application for the major project was filed: and (B) that with regard to the developer’s major project, has had one or more contacts with an officer of the City and County or has provided public comment at any hearing before any board or commission of the City and County. For the purpose of this Subsection 3.520(a)(4), the term “contact” shall have the same meaning as in Section 2.106 of this Code, except that a “contact” shall also include a person providing oral or written testimony that becomes part of the record of a public hearing; and the term “officer of the City and County of San Francisco” shall have the same meaning as in Section 2.105 of this Code.
(5) For each nonprofit organization reported under Subsection (a)(4), the date and amount of each donation the developer or affiliate made to the nonprofit during the reporting period.
(6) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.
(b) After a developer files a report required by Subsection (a), the developer shall file a total of four additional quarterly reports, according to the following schedule: The developer shall file a report on April 15 for the period starting January 1 and ending March 31; on July 15 for the period starting April 1 and ending June 30; on October 15 for the period starting July 1 and ending September 30; and on January 15 for the period starting October 1 and ending December 31. Each quarterly report shall include:
(1) The name, business address, business e-mail address, and business telephone number of the developer and any affiliates that made donations subject to this Chapter.
(2) The EIR case number and a description of the major project.
(3) The date the Planning Commission (or other local lead agency) certified the EIR or adopted the final environmental determination.
(4) The name, business address, business e-mail address, business telephone number and website of any nonprofit organization to which the developer has made cumulative donations of $5,000 or more since the date one year before the Environmental Evaluation Application was filed.
(5) For each nonprofit organization reported under Subsection (b)(4), the date and amount of each donation the developer made to the nonprofit during the reporting period.
(6) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.
(e)1 At the time of filing the initial report required by subsection (a), the developer shall pay a fee of $500.
(Added by Ord. 98-14
, File No. 130374, App. 6/26/2014, Eff. 7/26/2014; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(Former Sec. 3.520 added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition E, 11/4/2003)
CODIFICATION NOTE
1. So in Ord. 98-14 and Proposition D, 3/5/2024.
The Ethics Commission may require electronic filing of any disclosure required under this Chapter 5.
(Added by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(Former Sec. 3.525 added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition E, 11/4/2003)
(a) If any developer fails to submit any information required by this Chapter after any applicable deadline, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, impose a late filing fee of $50 per day after the deadline until the information is received by the Ethics Commission. The Executive Director of the Ethics Commission may reduce or waive a late filing fee if the Executive Director determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco.
(b) Any person who violates this Chapter, including but not limited to, by providing inaccurate or incomplete information, may be liable in an administrative proceeding before the Ethics Commission pursuant to Charter Section C3.699-13. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters regarding potential violations of this Chapter.
(c) Any person or entity which knowingly or negligently violates this Chapter may be liable in a civil action brought by the City Attorney for an amount up to $5,000 per violation, or three times the amount not properly reported, whichever is greater.
(d) In investigating any alleged violation of this Chapter the Ethics Commission and City Attorney shall have the power to inspect all documents required to be maintained under this Chapter. This power to inspect documents is in addition to other powers conferred on the Ethics Commission and City Attorney by the Charter or by ordinance, including the power of subpoena.
(e) Should two or more persons be responsible for any violation under this Chapter, they may be jointly and severally liable.
(Added by Ord. 98-14
, File No. 130374, App. 6/26/2014, Eff. 7/26/2014; re-enacted and amended by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(Former Sec. 3.530 added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition E, 11/4/2003)
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