o0038-25

FILE NO. 241021 AMENDED IN COMMITTEE 3/17/2025 ORDINANCE NO. 38-25 [Planning Code - Window Replacement Standards] Ordinance amending the Planning Code to limit restrictions on replacement materials in.window replacement projects in certain buildings; 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. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times 1Ve)t' Romfm f(mt. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Environmental and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 241021 and is incorporated herein by reference. The Board affirms this determination. (b) On February 27, 2025, the Planning Commission, in Resolution No. 21692, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Supervisors Melgar; Engardio, Sauter, Sherrill, Mahmood, Dorsey, Fielder BOARD OF SUPERVISORS Page 1 Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 241021, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21692, and the Board adopts such reasons as its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 241021 and is incorporated herein by reference. Section 2. Article 1.2 of the Planning Code is hereby amended by adding Section 136.2, to read as follows: SEC. 136.2. WINDOW REPLACEMENT REQUIREMENTS. (a) Subiect to the exceptions set forth in subsections (b) and (c). the Gity-Planning Department shall impose no restrictions related to the replacement materialssize, design, appearanee, materials, finish, operation, details, or arrangement of any window frame or sash that replaces an existing window frame or sash. (b) Exceptions Involving Historic Resources. The restrietions in s~ubsection (a) shall not apply to replacement windows in any property. building. or structure previously determined to be a Historic Building. as that term is defined in Section 102.-:- (1) on a lot eontaining any struoture that is listed on, formally determined to be eligible for listing on, or formally determined to appear eligible for listing on, the National Register of Historie Plaees or the California Register of Historieal Resourees; or (2) on a lot oontaining any strueture that is designated as a historie landmark or as a signifieant or oontributory building to a historio or oonservation distriet, under .A.rtieles 10 and 11 of the Planning Code. Supervisors Melgar; Engardio, Sauter, Sherrill, Mahmood, Dorsey, Fielder BOARD OF SUPERVISORS Page 2 (c) Applicable Building. Fire, and other Health and Safetv Requirements. Notwithstanding the restrictions in subsection (a). the City, including the Planning Department. may impose any requirements for replacement windows that are necessary to comply with applicable building and fire standards and any other applicable requirements necessary to protect health and safety. (d} In the event of a conflict between this Section 136.2 and any other provisions of the Planning Code, including controls related to window treatments and transparency, the more restrictive standards shall apply. (e} In the event of a conflict between this Section 136.2 and any applicable Cultural District Objective Design Standards, the more restrictive standards shall apply. Section 3. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Peter Miljanich PETER R. MILJANICH Deputy City Attorney n:\legana\as2025\2400356\01827395.docx Supervisors Melgar; Engardio, Sauter, Sherrill, Mahmood, Dorsey, Fielder BOARD OF SUPERVISORS Page 3 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 241021 Date Passed: March 25, 2025 Ordinance amending the Planning Code to limit restrictions on replacement materials in window replacement projects in certain buildings; 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. March 17, 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE March 17, 2025 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT March 18, 2025 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton March 25, 2025 Board of Supervisors - FINALLY PASSED Ayes: 9 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar and Sherrill Excused: 2 - Sauter and Walton File No. 241021 I hereby certify that the foregoing City and County of San Francisco Daniel Lurie Mayor Page 1 Ordinance was FINALLY PASSED on 3/25/2025 by the Board of Supervisors of the City and County of San Francisco. I Angela alvillo Clerk of the Board Date Approved Printed at 12:16 pm on 3/26/25