o0177-24

FILE NO. 240474 ORDINANCE NO. 177-24 [Building, Planning Codes - Existing Awning Amnesty Program] Ordinance amending the Building and Planning Codes to make permanent the streamlined permitting provisions for unpermitted awnings and extend the waiver of applicable fees for one fiscal year, until July 1, 2025; 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 l·lew Reman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial 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. 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. 2404 7 4 and is incorporated herein by reference. The Board affirms this determination. (b) On June 20, 2024, the Planning Commission, in Resolution No. 21579, 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 Mayor Breed; Supervisors Stefani, Engardio, Peskin, Chan, Mandelman, Safai BOARD OF SUPERVISORS Page 1 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. 2404 7 4, 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. 21579, 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. 240474. (d) On June 12, 2024, 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. 2404 7 4. (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 1 A, Section 106A of the Building Code is hereby amended by revising Sections 106A.5 and 106A.5.2, and deleting Section 106A.5.5, to read as follows: SECTION 106A - PERMITS * * * * 106A.5 Awning Amnesty Program. The Department shall implement the temperttry· amnesty program outlined in this Section 106A.5 to incentivize and expedite the legalization o Mayor Breed; Supervisors Stefani, Engardio, Peskin, Chan, Mandelman, Safai BOARD OF SUPERVISORS Page2 Awnings, as defined and regulated in Section 1703 of the Building Code, that were installed without a building permit or for which the Department has no record of a building permit on as of August 20, 2023the effecth,•e date e>fthis ordinance in Board Fite l\To. 230477. All property owners that have Awnings 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 without a building permit. * * * * 106A.5.2 Waiving of Fees. Notwithstanding any other provisions of the Building Code, the Department shall continue until July l, 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 including inspection fees required under Section 107 A.5 for work without a permit. * * * * 106A.5.5 Sunset. Unless the Board of Supervisors adopts an oniinance extending the term of this Section 106A.5, it shall expire by oper-ation aflmv on June 1, 2024. At such time, the City Attorney shall rnuse it to be removedfrom the Building Code. Section 3. Article 1. 7 of the Planning Code is hereby amended by revising Section 187.3, to read as follows: SEC. 187.3. PRE-EXISTING AWNINGS AND SIGNS; AMNESTY. * * * * (b) Controls. Notwithstanding any other provision of this Code, an Awning or Business Sign physically existing on or serving a non-Residential business on August 20, 2023the introduction date o.fthis oniinance in Board Fite iVo. 230745 230447 may be considered an Mayor Breed; Supervisors Stefani, Engardio, Peskin, Chan, Mandelman, Safai BOARD OF SUPERVISORS Page 3 existing noncomplying structure and/or nonconforming use governed by this Article 1.Z8 so long as the Sign 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 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. * * * * (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 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 l, 2025. (e) Sunset. Unless the Bo€f;r-d ofSbtJ3eniisors €/;dopts €/;H ordinmwe extending the term o.f this Section 187.3, it slwll expire by operotion ofknv on June 1, 2024. At such time, the City Attorney sh€1;/l cmtse it to be removedfrom the Pklnning Code €f;nd no €f;ddition€1;[ Signs or Awnings ffW)' be €/;[tered, repklced, or reviewed for considerfttion €/;S nonconforming or noncomplying under this Section. Section 4. Effective Date; Retroactivity. (a) 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 Mayor Breed; Supervisors Stefani, Engardio, Peskin, Chan, Mandelman, Safai BOARD OF SUPERVISORS Page4 sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. (b) It is the intent of the Board of Supervisors that Section 106A.5 of the Building Code and Section 187.3 continue in operation without interruption. Accordingly, on its effective date, this ordinance will be retroactive to June 1, 2024. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Robb Kapla ROBB KAPLA Deputy City Attorney n:\legana\as2023\2300240\01755243.docx Mayor Breed; Supervisors Stefani, Engardio, Peskin, Chan, Mandelman, Safai BOARD OF SUPERVISORS Pages City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 240474 Date Passed: July 09, 2024 Ordinance amending the Building and Planning Codes to make permanent the streamlined permitting provisions for unpermitted awnings and extend the waiver of applicable fees for one fiscal year, until July 1, 2025; 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. July 01, 2024 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT July 02, 2024 Board of Supervisors - PASSED ON FIRST READING Ayes: 9 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen and Walton Excused: 1 - Stefani Absent: 1 - Safai July 09, 2024 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai and Walton Excused: 1 - Stefani Pagel Printed at 11:43 am on 7110124 File No. 240474 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 7/9/2024 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 11:43 am on 7110/24