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FILE NO. 250539 SUBSTITUTED 6/17/2025 ORDINANCE NO. 115-2 [Building, Planning Codes - Existing Awning, Sign, and Gate Amnesty Program; Design Standards for Gates, Railings, and Grillwork] Ordinance amending the Building and Planning Codes to extend the Awning Amnesty Program to apply to existing unpermitted Signs and Gates; amending the Planning Code to remove design standards for gates, railings, and grillwork on ground floor street frontages of non-historic buildings in Neighborhood Commercial, Residential- Commercial, Commercial, and Mixed-Use Districts; 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 lVew Romal'l font. 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 General 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. 250539 and is incorporated herein by reference. The Board affirms this determination. Mayor Lurie; Supervisors Sauter, Chen, Mandelman BOARD OF SUPERVISORS Page 1 (b) On June 26, 2025, the Planning Commission, in Resolution No. 21760, 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 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. 250539, 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. 21760, and the Board incorporates such reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 250539. (d) On June 18, 2025, at a duly noticed public hearing, the Building Inspection Commission considered this ordinance in accordance with Charter Section 4.121 and Building Code Section 104A.2.11.1.1. A copy of a letter from the Secretary of the Building Inspection Commission regarding the Commission's recommendation is on file with the Clerk of the Board of Supervisors in File No. 250539. (e) No local findings are required under California Health and Safety Code Section 17958.7 because the amendments to the Building Code contained in this ordinance do not regulate materials or manner of construction or repair, and instead relate in their entirety to administrative procedures for implementing the Code, which are expressly excluded from the definition of a "building standard" by California Health and Safety Code Section 18909(c). Section 2. Chapter 1A of the Building Code is hereby amended by revising Sections 106A.5, and 106A.5.1 through 106A.5.4, to read as follows: 106A.5 Awning, Sign, and Gate Amnesty Program. The Department shall implement the amnesty program outlined in this Section 106A.5 to incentivize and expedite the Mayor Lurie; Supervisors Sauter, Chen, Mandelman BOARD OF SUPERVISORS Page 2 legalization of Awnings, Signs, and Gates as defined belmvaHd regttlated iH SectioH 1703 of the Bttil-ding Code, that were physically existing on and installed without a building permitL or for which the Department has no record of a building permit on fileL as of August 20, 2023. All property owners that have existing Awnings, Signs, and/or Gates that were installed on or before August 20, 2023 without a building permit on file are eligible for the amnesty program, including property owners with active Notices of Violation for installing or having an Awning, Sign, or Gate without a building permit. SCOPE OF PROGRAM: The amnesty program in this Section 106A.5 applies to Awnings, Signs, and Gate as follows: All Awnings, as that term is defined in Section 202 ofthis Code,· Signs, as that term is defined in Section 202 ofthis Code, that are non-illuminated, under 250 pounds, and 25 square feet or less,· and Gates, including security grilles, that are located in B, S, and M occupancies, and are designed to provide security for commercial uses during non-business hours. Vehicular gates, as defined by section 202 of this Code, are not eligible for the amnesty program. 106A.5.1 Certification of Existing Installation: No New Construction, Repairs, or Corrective Work. The amnesty program shall provide a streamlined process to verify that an existing Awning, Sign, or Gate complies with applicable provisions of the Building Code as well as Planning Code Section 187.3, and will result in a building permit authorizing the existing Awning, Sign, or Gate. The amnesty program shall not authorize new construction or corrective work to bring an existing Awning, Sign, or Gate into compliance. Any alterations, modifications, or construction required to bring the Awning, Sign, or Gate into compliance with the Building Code will require a standard building permit and is not subject to the provisions of this Section 106A.5, except that the fees for any such permit required to repair or replace an Awning that the Mayor Lurie; Supervisors Sauter, Chen, Mandelman BOARD OF SUPERVISORS Page 3 Department determined was not in compliance with the Building Code shall be waived pursuant to Section 106A.5.2. 1 0GA.5.2 Waiving of Fees. Notwithstanding any other provisions of the Building Code, the Department shall continue until July 1, 2025 to waive all fees for applications eligible for the amnesty program and for any permits required to repair or replace an Awning that the Department determined was not in compliance with the Building Code, including the application fee for plan review, permit issuance fee for inspections, and any enforcement fees, including inspection fees required under Section 107 A.5 for work without a permit. 1 0GA.5.3 Streamlined Application Process. The Department shall develop a streamlined application process to facilitate and expedite review of Awning, Sign, or Gate permits during the amnesty program. The application shall require only information essential to determining whether an existing Awning, Sign, or Gate complies with the applicable Building and Planning Code provisions, including the Planning Code's amnesty program in Planning Code Section 187.3. 1 0GA.5.4 No Relaxation of Building Standards. The amnesty program governs the certification of existing Awnings', Signs', or Gates' compliance with applicable Building Code provisions. Any Awning, Sign, or Gate that is not in compliance with the Building Code will require a separate building permit to repair, replace, or remove the Awning, Sign, or Gate. Section 3. Articles 1.2 and 1.7 of the Planning Code are hereby amended by revising Sections 145.1 and 187.3, to read as follows: SEC. 145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL, RESIDENTIAL-COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS. * * * * Mayor Lurie; Supervisors Sauter, Chen, Mandelman BOARD OF SUPERVISORS Page4 (c) Controls. The following requirements shall generally apply, except for those controls listed in subsections (c)(1) Above Grade Parking Setback and (c)(4) Ground Floor Ceiling Height, which only apply to a "development lot" as defined above and except as specified in subsection (d). In NC-S Districts, the applicable frontage shall be the primary facade(s) that contains customer entrances to commercial spaces. * * * * (7) Gates, Railings, and Grillwork for Historic Buildings. Except as specified in subsection (d), any gates,decoratiw railingsL or grillwork, other than wire mesh, with street frontage at the ground level, which is placed in front ofor behind groundjloor windov.·s, shall be at least 75.J(.)% open to perpendicular view. Rolling or sliding sernrity gates shall consist of open grillwork rather than solid material, so as to provide ';isual interest to pedestrians ·when the gates are closed, and to permit light to pass through mostly unobstructed. To ensure sufficient visibilityforfire safety, gtltes that are less than 75% open to perpendiculEtr views shall include a transparent vie',ving window or grill at least 10 inches in height, which shall be located at least 50 60 il1ches abow the nearest abutting sidewalk. Gates, when both open and folded or rolled, shall be recessed within, or laid flush with, the building facade. Gates and gate mechanisms shall be consistent with any objective design standards that may be adopted by the Planning Commission. (d) Exceptions for Historic Buildings. (1) Exceptions fer Hiswrie Buildings. Specific street frontage requirements in this Section 145.1 may be modified or waived by the Planning CommissionDirector for structures designated as landmarks, significant or contributory buildings within a historic district, or buildings of merit when the Historic Preservation Commission advises that complying with specific street frontage requirements would adversely affect the landmark, significant, Mayor Lurie; Supervisors Sauter, Chen, Mandelman BOARD OF SUPERVISORS Page 5 contributory, or meritorious character of the structure, or that modification or waiver would enhance the economic feasibility of preservation of the landmark or structure. (2) Exception to Gates, Railings, and Grillwork Requirements for Cannabis Retail. (A) A Cannabis Retail use, as defined in Section 890. J 25 or Section J 02, as applicable, is exernpt frmn the requirements a/Section 115. J (c)(7) as prm·ided herein, and nwy install gates, railings, or grillwork that are less than 20% open to perpendicular ',,'ie,P, including features that are fitlly opaque, provided that such gates, railings, or grillwork are deployed only when the Cannabis Retail use is not open to the public for business. (B) A Ca1mabis RetEdl use that has installed any gates, railings, or grilfH,,orkpurst1ant to subsection (d)(2)(A) shall re,"1W',,'e such gates, railings, or grillwork within the earliest o.fthe following: (i) 90 days after its Cmmabis Bo1siness Permit issuedpursuant to Article 16 ofthe Police Code is re•,;oked or otlwr~Fise rendered invalid,· (ii) 90 days after the Cannabis Retail use ceases regular operation at the premises; or (iii) 90 days after the Cannabis Retail use is abandoned or discontbmedpursuant to either Section 178 or Section 183. (C) Any building permit application to install gates, railings, or grillwork pursuant to subsection (d)(2)(A) shall include a statement acknowledging dw requirements ofsubsectioH (d)(2)(B). (D) Subsections (d) (2)(A) and (C) shall expire by operEltion &/law three years Effler the effective date of the ordinance in Board F'ile No. 220971 enacting this subsection (d)(2). In the ewnt a Ca,mabis Retail use does not procure a bttildingpermitpursuant to subsection (d)(2)(A) prior to the expiration ofsubsectio,q (d)(2)(A), the bo1siness shall comply with, and not be exemptfrom, the requirements a/Section J 15.1(c)(7). Subsection (d)(2)(B) shall continue tfJ apply Effler the expiration o_f subsections (d) (2) (A) and (CJ. (E) To deter vandalism ofs1:1rfeces visible from public sidewalks, any Cannabis Retail use that maintains gates, railings, or grilhvork that do not qualUJ,ifor the exception in subsection Mayor Lurie; Supervisors Sauter, Chen, Mandelman BOARD OF SUPERVISORS Page 6 (d)(3)(A), and which are less than 20% open to perpendicbllar view, shall install a mMral on the surfewe of the gate 'risible from the p1;1bl ic sidewalk. The mural reqMired binder this subsection (d) (2) (E) shall not be a Sign as defined iJq Article 6 of this Code. (3) Exception for Existing Gates, Railings, or Grillwork. (A) Any NoH Residential use tJtat h€1S not been discontimted or abandoned as &jtJte effective date of the ordinance e1wcting this subsection (d)(3) and that has gates, railings, or grillwork that are less than 20% open to perpendicular e1iew, including features that arefitlly opaque, ,dll be deemed in compliance with the reqMirenwnts &/Section 1 45.1 (c) (7), provided that such gates, railings, or grillwork existed cmd were occupied by the b/Se prior to September 06, 2022, and are deployed only when a business is not open to the public. This subsection (d)(3) does not otherwise exempt a usefrom any required building permit. (BJ Existing gates, railings, andgrillworkpermittedpursuant to this subsection (d)(3) shall be treated as noncomplying structures subject to the restrictions on intensification, expansion, and relocation under Section 188(Gl), and may 1;mdergo ordinary maintenance and minor repairs as described in Section 181 (b). Cannabis Retail use with gates that qualifj,· as noncomplying structures under this subsection (d) (3) shall not be subject to the reqblirement for murals under subsection (d)(2)(E). (C) Any Non Residentictl use that seeks to be exentptfrom the requirements of Section 1 '/5.1 (c)(7) shall procure a bblildingpermit within three years ofthe date of mailed notice to establish any existing gates, railings, or grillwork as a noncontplying structure pursucmt to this subsection (d)(3). In the event a Non Residential use does notprocure a btdldi11gpermitp1;1rsuant to this subsection (d)(3) prior to the apiration &/three yearsfrmn t1w date ofmail-ed notice, the business shall be subject to fines pursuant to Sectio11 176 of this Code until a building permit establishing the existence of the gate prior to Septonber 06, 2022, as specified in subsection (d)(3)(A), is procMred Any l'-lon Residential use H-1ith existing gates, railings, or grillwork that satis-fj,i the criteria set forth in subsection (d) (3) (A) shall Mayor Lurie; Supervisors Sauter, Chen, Mandelman BOARD OF SUPERVISORS Page 7 continue to be exemptfrom the requirements of Section 145.1 (c)(7), but will be fined monetary pe11altiesfor failing to obtain a building permit as required in this subsection (d)(3)(C). SEC. 187.3. PRE-EXISTING AWNINGS, GATES, AND SIGNS; AMNESTY. (a) Intent. The purpose of this Section 187.3 is to recognize the impacts of the COVID-19 pandemic on small businesses, to acknowledge the contribution of those businesses' Awnings, Gates, and Signs, as defined in Sections 102 and 602 of this Code, respectively, to the diverse character of the City's commercial corridors, and to establish a -time- limited program whereby certain existing Awnings, Gates, and Signs that have been erected, installed, or maintained without required permits may be allowed to remain. (b) Controls. Notwithstanding any other provision of this Code, an Awning, Gate, or Business Sign physically existing on or serving a non-Residential business on August 20, 2023 may be considered an existing noncomplying structure and/or nonconforming use governed by this Article 1.7 so long as the Sign, Gate, or Awning is not affixed to a building designated as significant or contributory under Article 11 of this Code. In addition to the foregoing, Awnings, Gates, or Signs that have been required by the Department of Building Inspection on or after January 1, 2023 to be replaced or altered, may be replaced or altered consistent with such requirement and subsequently considered noncomplying structures and/or nonconforming uses subject to this Section 187 .3 so long as such replacement or alteration does not increase the degree of nonconformity or noncompliance with other Sections of this Code. All Signs must comply with the illumination provisions of Article 6 of this Code. (c) Procedures. The Planning Director or Zoning Administrator or their designeef.s'j shall determine the degree of nonconformity or noncompliance for each Awning, Gate, or Sign that is granted amnesty under this Section 187.3. Determinations of nonconformity and/or Mayor Lurie; Supervisors Sauter, Chen, Mandelman BOARD OF SUPERVISORS Page 8 noncompliance shall be based on (i) historical photographs to be provided by the applicant and/or which are publicly available; (ii) current photographs provided by the applicant, including photographs showing the Awning's points of attachment to the building; and (iii) drawings provided by the applicant which need not be prepared by a state licensed contractor or architect, or registered engineer so long as those drawings depict the width, depth, height, projection, elevation, and other key characteristics of the Signs. Gates. or Awnings in question. Such determination shall be memorialized either on a Building Permit, Sign Permit, or other form developed by the Planning Department or other City agency. (d) Fees. Notwithstanding any other provision of this Code or the Administrative Code, no fee shall be charged by the Planning Department for a determination under this Section 187.3 and/or for review of Building Permit Applications, Sign Permit Applications, or other approvals which relate exclusively to the implementation of this Section, including any enforcement fees under Section 350(g)(1) of this Code, as long as the application is submitted before July 1, 2025. Section 4. 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 10 days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 5. 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 Mayor Lurie; Supervisors Sauter, Chen, Mandelman BOARD OF SUPERVISORS Page 9 additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Robb Kapla ROBB KAPLA Deputy City Attorney n:lleganalas202512500310101848589.docx Mayor Lurie; Supervisors Sauter, Chen, Mandelman BOARD OF SUPERVISORS Page 10 City and County of San Francisco Tails Ordinance City Hall l Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 250539 Date Passed: July 15, 2025 Ordinance amending the Building and Planning Codes to extend the Awning Amnesty Program to apply to existing unpermitted Signs and Gates; amending the Planning Code to remove design standards for gates, railings, and grillwork on ground floor street frontages of non-historic buildings in Neighborhood Commercial, Residential-Commercial, Commercial, and Mixed-Use Districts; 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. June 30, 2025 Land Use and Transportation Committee - RECOMMENDED July 08, 2025 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton July 15, 2025 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton File No. 250539 I hereby certify that the foregoing City and County of San Francisco Daniel Lurie Mayor Page I Ordinance was FINALLY PASSED on 7/15/2025 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board 1/ 11 / 2(' Date Approved Printed at 8:45 am on 7/16/25