# Board of Supervisors Minutes: September 5, 2023

- Meeting date: 2023-09-05
- Document type: minutes
- Source format: PDF
- Extracted pages: 31
- [Canonical HTML transcript](https://sfbos.info/documents/942/2023-09-05-minutes)
- [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=1119547&GUID=F1FF045E-B3B5-45FF-B3F4-968084894963)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 230809: Park Code - PROSAC Membership

- Pages: 6-7
- Sponsors: Peskin; Walton, Safai and Chan
- Vote 1: final-passage, likely final
  - Action: 230809 [Park Code - PROSAC Membership] Sponsors: Peskin; Walton, Safai and Chan Ordinance amending the Park Code to 1) reduce the number of seats on the Parks, Recreation, and Open Space Advisory Committee (PROSAC), 2) provide for alternate members, 3) allow members to serve for more than four consecutive terms, 4) provide for the appointment of members having experience with racial equity and disability issues; and 5) provide that meetings shall occur at City Hall. Ordinance No. 194-23 FINALLY PASSED The foregoing items were acted upon by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

### File 230764: Planning, Building Codes - Development Impact Fee Indexing, Deferral, and Waivers; Adoption of Nexus Study

- Pages: 7-8
- Sponsors: Mayor; Peskin, Mandelman, Dorsey, Stefani and Safai
- Vote 1: final-passage, likely final
  - Action: m all development impact fees for a three-year period; 4) allow payment of development impact fees, with the exception of fees deposited in the Citywide Affordable Housing Fund, to be deferred until issuance of the first certificate of occupancy; and 5) adopt the San Francisco Citywide Nexus Analysis supporting existing development impact fees for recreation and open space, childcare facilities, complete streets, and transit infrastructure and making conforming revisions to Article 4 of the Planning Code; amending the Building Code to allow payment of development impact fees, with the exception of fees deposited in the Citywide Affordable Housing Fund, to be deferred until issuance of the first certificate of occupancy and repealing the fee deferral surcharge; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. (Supervisor Preston voted No on First Reading.) Ordinance No. 193-23 FINALLY PASSED by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Ronen, Safai, Stefani, Walton
  - Noes: Preston

### File 230769: Planning, Administrative Codes - Development Impact Fee Reductions

- Pages: 8-9
- Sponsors: Peskin; Safai, Mandelman, Dorsey and Stefani
- Vote 1: final-passage, likely final
  - Action: d that receive a first construction document within a specified period; 2) adopt a process for those projects to request a modification to conditions of approval related to development impact fees, subject to delegation by the Planning Commission; 3) reduce Article 4 development impact fees, including Inclusionary Affordable Housing fees, for projects approved before November 1, 2026 that receive a first construction document within 30 months of entitlement; and, 4) modify the Inclusionary Housing Program Ordinance effective November 1, 2026 to reduce applicable fees, and on-site or off-site unit requirements, for projects that exceed a stated unit size; amending the Administrative Code to update the Inclusionary Housing Technical Advisory Committee member requirements; affirming the Planning Department’s determination under the California Environmental Quality Act; making public necessity, convenience, and welfare findings under Planning Code, Section 302; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. (Supervisor Preston voted No on First Reading.) Ordinance No. 187-23 FINALLY PASSED by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Ronen, Safai, Stefani, Walton
  - Noes: Preston

## Extracted text

### [Page 7](https://sfbos.info/documents/942/2023-09-05-minutes#page-7)

Board of Supervisors                             Meeting Minutes                                                9/5/2023




REGULAR AGENDA


UNFINISHED BUSINESS


Recommendations of the Land Use and Transportation Committee
            President Peskin requested File Nos. 230764 and 230769 be called together.


230764 [Planning, Building Codes - Development Impact Fee Indexing, Deferral, and
       Waivers; Adoption of Nexus Study]
            Sponsors: Mayor; Peskin, Mandelman, Dorsey, Stefani and Safai
            Ordinance amending the Planning Code to 1) modify the annual indexing of certain development
            impact fees, with the exception of inclusionary housing fees; 2) provide that the type and rates of
            applicable development impact fees, with the exception of inclusionary housing fees, shall be
            determined at the time of project approval; 3) exempt eligible development projects in PDR
            (Production, Distribution, and Repair) Districts, and the C-2 (Community Business) and C-3
            (Downtown Commercial) Zoning Districts from all development impact fees for a three-year period; 4)
            allow payment of development impact fees, with the exception of fees deposited in the Citywide
            Affordable Housing Fund, to be deferred until issuance of the first certificate of occupancy; and 5)
            adopt the San Francisco Citywide Nexus Analysis supporting existing development impact fees for
            recreation and open space, childcare facilities, complete streets, and transit infrastructure and
            making conforming revisions to Article 4 of the Planning Code; amending the Building Code to allow
            payment of development impact fees, with the exception of fees deposited in the Citywide Affordable
            Housing Fund, to be deferred until issuance of the first certificate of occupancy and repealing the fee
            deferral surcharge; affirming the Planning Department’s determination under the California
            Environmental Quality Act; making findings of consistency with the General Plan, and the eight
            priority policies of Planning Code, Section 101.1; and making findings of public necessity,
            convenience, and welfare pursuant to Planning Code, Section 302.
            (Supervisor Preston voted No on First Reading.)
            Ordinance No. 193-23
            FINALLY PASSED by the following vote:
                 Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Ronen, Safai, Stefani, Walton
                 Noes: 1 - Preston




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### [Page 8](https://sfbos.info/documents/942/2023-09-05-minutes#page-8)

Board of Supervisors                            Meeting Minutes                                               9/5/2023



230769 [Planning, Administrative Codes - Development Impact Fee Reductions]
            Sponsors: Peskin; Safai, Mandelman, Dorsey and Stefani
            Ordinance amending the Planning Code to: 1) reduce Inclusionary Housing Program requirements of
            the Planning Code, for projects exceeding a stated unit size that have been approved prior to
            November 1, 2023 and that receive a first construction document within a specified period; 2) adopt a
            process for those projects to request a modification to conditions of approval related to development
            impact fees, subject to delegation by the Planning Commission; 3) reduce Article 4 development
            impact fees, including Inclusionary Affordable Housing fees, for projects approved before November 1,
            2026 that receive a first construction document within 30 months of entitlement; and, 4) modify the
            Inclusionary Housing Program Ordinance effective November 1, 2026 to reduce applicable fees, and
            on-site or off-site unit requirements, for projects that exceed a stated unit size; amending the
            Administrative Code to update the Inclusionary Housing Technical Advisory Committee member
            requirements; affirming the Planning Department’s determination under the California Environmental
            Quality Act; making public necessity, convenience, and welfare findings under Planning Code,
            Section 302; and making findings of consistency with the General Plan and the eight priority policies
            of Planning Code, Section 101.1.
            (Supervisor Preston voted No on First Reading.)
            Ordinance No. 187-23
            FINALLY PASSED by the following vote:
                 Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Ronen, Safai, Stefani, Walton
                 Noes: 1 - Preston




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