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FILE NO. 190454 ORDINANCE NO. [Planning Code- Obstructions in Required Setbacks, Yards, and Usable Open Space] Ordinance amending the Planning Code to allow, in required setbacks, yards, and usable open space, all projections of an architectural nature if they meet the specified requirements and to allow bay windows that do not meet the specified requirements to apply for a Zoning Administrator waiver; 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 adopting findings of public necessity, convenience, and general 1 0 welfare under 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 [ant. Deletions to Codes are in strilwtlwough italics Times 1'lerl' Romanfcmt. 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. 190454 and is incorporated herein by reference. The Board affirms this determination. Planning Commission BOARD OF SUPERVISORS Page 1 43-20 (b) On October 4, 2018, the Planning Commission, in Resolution No. 20298, 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 1 01.1. The 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. 190454, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board finds that this Planning Code amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20298, and the Board incorporates such reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Sections 136 and 307, to read as follows: SEC. 136. OBSTRUCTIONS OVER STREETS AND ALLEYS AND IN REQUIRED SETBACKS, YARDS, AND USABLE OPEN SPACE. Streets Set- Usable and b k Yards Open Alleys ac s Space Planning Commission BOARD OF SUPERVISORS (a) The following obstructions shall be permitted, in the manner specified, as indicated by the symboi"X" in the columns at the left, within the required open areas listed herein: (1) Projections from a building or structure extending over a sSf:reet or e4_11ey as defined in Section 102 of this Code. Every portion of such projections over a sSf:reet or e4_11ey shall provide a minimum of 7~ feet of vertical Page 2 X X X Planning Commission BOARD OF SUPERVISORS X clearance from the sidewalk or other surface above which it is situated, or such greater vertical clearance as may be required by the San Francisco Building Code, unless the contrary is stated below. The permit under which any such projection over a s~reet or aA,IIey is erected over public property shall not be construed to create any perpetual right but is a revocable license; (2) Obstructions within legislated setback lines and front setback areas, as required by Sections 131 and 132 of this Code; (3) Obstructions within side yards and rear yards, as required by Sections 133 and 134 of this Code; (4) Obstructions within usable open space, as required by Section 135 of this Code. (b) No obstruction shall be constructed, placed, or maintained in any such required open area except as specified in this Section 136. (c) The permitted obstructions shall be as follows: (1) Overhettd horizontalpfrojections o(an architectural nature that leave (lettving at least 7% feet of hettdroom) ofttpurely ttrchitectuml or decomtive chttmcter clearance and do not increase the floor area or the volume o(space enclosed by the building, such as cornices, eaves, sills,_ find belt courses, sunshades, fins, and brise soleils, rvith tt vertic&! Page 3 * * * * Planning Commission BOARD OF SUPERVISORS dimension o.fno more than two J!Cet six inches, not increasing the floor area or the volume ofspace enclosed by the building, and not projecting more than four feet over streets and alleys or more than [our feet into setbacks, yards, and usable open space. -:- (A) At roof level, three feet over streets and alleys and into setbacks, or to a perimeter in such required open areas parallel to and one foot outside the smfaces of bay 1vindmvs immediately belmv such features, ',vhichever is the greater projection, (B) At ever}' otlwr level, one foot over streets and alleys and into setbacks, and (C) Three J!Bet into yards and usable open space, or 1/6 ofthe required minimum dimensions (vvhen specified) ofsuch open areas, ',vhichever is less; * * * * Page SEC. 307. OTHER POWERS AND DUTIES OF THE ZONING ADMINISTRATOR. In addition to those specified in Sections 302 through 306 of this Code, the Zoning Administrator shall have the following powers and duties in administration and enforcement of this Code. * * * * (h) Exceptions from Certain Specific Code Standards through Administrative Review. The Zoning Administrator may allow complete or partial relief from certain standards specifically identified below, in Section 161, or elsewhere in this Code when modification of the standard would result in a project fulfilling the criteria set forth below and in the applicable section. (1) Applicability. * * * * (D) Conversion of Non-conforming Uses to Residential Uses. The Zoning Administrator may modify or waive dwelling unit exposure requirements, rear yard requirements, open space requirements for inner courts, and the substitution of off-site publicly accessible open space for required residential open space, provided that: (i) +httt the ¥Residential uUse, whether dDwelling uUnits, gGroup hllousing, or SRO units, are pErincipally pEermitted in the district or districts in which the project is located; (ii) +httt the nonconforming use is eliminated by such conversion, provided further that the structure is not enlarged, extended, or moved to another location; and (iii) +httt the requirements of the Building Code, the Housing Code, and other applicable portions of the Municipal Code are met. Planning Commission BOARD OF SUPERVISORS Page (E) Better Roofs; Living Roof Alternative. For projects subject to Section 149, the Zoning Administrator may waive portions of the applicable requirements as provided in Section 149(e). (F) Bav Windows. Bay windows that maintain the same massing as those allowed as a permitted obstruction in Planning Code Section 136, but do not otherwise meet the requirements o(Section 136, may be provided complete or partial relief with the advice o(the Planning Director that said windows otherwise meet all applicable design guidelines. * * * * 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. Section 4 Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DENNIS J. ~ERRERA, City Attorney By: /UJZ)ITH A. BOYAJIAN 5eputy City Attorney n:\legana\as2018\1800558)01267900.docx Planning Commission BOARD OF SUPERVISORS Page City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 941 02-4689 File Number: 190454 Date Passed: March 10, 2020 Ordinance amending the Planning Code to allow, in required setbacks, yards, and usable open space, all projections of an architectural nature if they meet the specified requirements and to allow bay windows that do not meet the specified requirements to apply for a Zoning Administrator waiver; 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 adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. February 24, 2020 Land Use and Transportation Committee- RECOMMENDED March 03, 2020 Board of Supervisors- PASSED ON FIRST READING Ayes: 10- Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee Absent: 1 -Fewer March 10, 2020 Board of Supervisors-FINALLY PASSED Ayes: 10- Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee Absent: 1 - Fewer File No. 190454 London N. Breed Mayor City and County of San Francisco Page 1 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 3/10/2020 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 10:12 am on3111/20