Chapter 10G — BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES

CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES

In order to recover the cost to the City and County for the Board of Appeals permit review functions, at the time a fee for permit application, issuance, or review is collected, and at the time an annual fee for renewal of the permit or license associated with the permit is collected, a surcharge in the amount specified shall be charged and collected for the following categories of permits and fees.

(a) Surcharges on fees imposed by the Department of City Planning pursuant to Planning Code Section 350 for review of actions and permits that may be appealed to the Board of Appeals are identified in Section 4 of Ordinance No. 149-16, referenced in Planning Code Section 350(d). Notwithstanding the dollar amount stated in Ordinance No. 149-16 for these surcharges, all Board of Appeals surcharges identified in Ordinance No. 149-16 shall be $44;

(b) For permits issued pursuant to San Francisco Building Code Section 110A: Tables 1A-A; 1A-F, Item 3; 1A-H; 1A-K, Item 8; or 1A-Q, Item 5; that may be appealed to the Board of Appeals pursuant to Charter Section 4.106, a surcharge of $44;

(c) For permits issued pursuant to the Public Works Code that may be appealed to the Board of Appeals pursuant to Charter Section 4.106, a surcharge of $9;

(d) For permits specified in Police Code Section 2.26 that may be appealed to the Board of Appeals pursuant to Charter Section 4.106, a surcharge of $3 for such permits issued by the Police Department, and a surcharge of $2 for such permits issued by the Entertainment Commission;

(e) For annual license fees specified in Police Code Section 2.27 for permits that may be appealed to the Board of Appeals pursuant to Charter Section 4.106, a surcharge of $3 for such permits issued by the Police Department and a surcharge of $2 for such permits issued by the Entertainment Commission; and

(f) For permits issued pursuant to Health Code Section 19H.4 that may be appealed to the Board of Appeals pursuant to Charter Section 4.106, and annual permit fees pursuant to Health Code Section 19H.7 and Business and Tax Regulations Code Section 249.16, a surcharge of $45.

(Added by Ord. 185-03, File No. 030916, App. 7/25/2003; amended by Ord. 282-03, File No. 031747, App. 12/19/2003; Ord. 188-04, File No. 040764, App. 7/22/2004; Ord. 188-05, File No. 051000, App. 7/29/2005; Ord. 13806, File No. 060628, App. 6/22/2006; Ord. 105-08, File No. 080606, 6/18/2008; Ord. 112-09, File No. 090544, App. 7/2/2009; Ord. 158-10, File No. 100363, App. 7/1/2010; Ord. 56-15 , File No. 120967, App. 5/8/2015, Eff. 6/7/2015; Ord. 169-17, File No. 170672, App. 7/27/2017, Eff. 8/26/2017; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; Ord. 106-22, File No. 220494, App. 6/24/2022, Eff. 7/25/2022; Ord. 127-24, File No. 240456, App. 6/21/2024, Eff. 7/22/2024)

SEC. 10G.2. ANNUAL ADJUSTMENT OF SURCHARGE RATE.

(a) Beginning with fiscal year 2025-2026, the Controller shall each year adjust the surcharges set in Section 10G.1 without further action by the Board of Supervisors to reflect changes in the relevant Consumer Price Index, and to produce revenues sufficient to support the costs of providing the services for which the surcharges are assessed, but which will not produce revenue which is significantly more than the cost of providing services for which the surcharges are assessed.

(b) Not later than January 31 of each year, the Board of Appeals shall submit to the Controller data showing the allocation by department of origin for permits heard by the Board of Appeals during the previous fiscal year, as well as any other information that the Controller determines appropriate to the performance of the Controller’s duties set forth in this Section 10G.2.

(c) No later than April 15 of each year, each department authorized to collect the surcharge pursuant to this Chapter 10G shall submit its current surcharge schedule and, if applicable, the number of appealable permits filed during the prior fiscal year to the Controller, as well as any other information that the Controller determines appropriate for the performance of the Controller’s duties set forth in this Section 10G.2. The Controller shall apply the price index adjustment, and if necessary, adjust the surcharges upward or downward for the upcoming fiscal year as appropriate to ensure that costs of providing the services are recovered without producing revenue which is significantly more than such costs, to produce a new fee schedule for the following fiscal year. In no event may the adjustment authorized by this Section cause the surcharge authorized by this Chapter to exceed the department’s allocable share of Board of Appeals costs.

(d) No later than May 15 of each year, the Controller shall file a report with the Board of Supervisors reporting the new surcharges and certifying that: (1) each surcharge produces sufficient revenue to support each fee category’s allocable share of Board of Appeals costs, and (2) each surcharge does not produce revenue which is projected to materially exceed each fee category’s allocable share of Board of Appeals costs. The adjusted surcharges shall become operative on July 1 of each year.

(Added by Ord. 185-03, File No. 030916, App. 7/25/2003; amended by Ord. 127-24, File No. 240456, App. 6/21/2024, Eff. 7/22/2024)