SEC. 3.510. DEFINITIONS.
§ 3.510
This section defines key terms used throughout Chapter 3.5 of the Code, including "Affiliate," "CEQA," "Developer," "Major project," "EIR," "Entity," "Donation," "Nonprofit organization," and "Structure." The definitions establish who counts as a developer (including all decision-makers within an entity), what qualifies as a major project (real estate development over $1 million with a certified EIR), and how related concepts are understood for purposes of this chapter.
This section defines the special terms used in this chapter so everyone understands them the same way. For example, a "Developer" is the person or company in charge of a big building project—and if it's a company, that includes all the people with decision-making power in that company. A "Major project" is a real estate development (like building or significantly changing a building) in San Francisco that costs more than $1 million to build and has had an environmental impact report certified. "CEQA" is a state and local law about environmental review. An "Entity" is any kind of business organization like a partnership, corporation, or LLC, but not a government agency.
- Complex:The definition of 'Developer' is lengthy and contains nested examples (LLCs, partnerships) that may confuse readers about which individuals or entities bear responsibilities under the chapter.
- Could be simpler:The definition of 'Major project' could be clearer by frontloading the $1 million threshold and EIR requirement before listing the types of construction activities that qualify.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
“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)