o0189-23

AMENDED IN COMMITTEE FILE NO. 230559 6/12/2023 ORDINANCE NO. 189-23 [Planning, Building, Fire Codes - Small Business Month Fee Waivers Including for Awning Installation and Business Signs] Ordinance amending the Planning, Building, and Fire Codes to codify the annual waiver of awning replacement fees and awning sign fees applied for during the month of May, to annually waive fees for Business Signs and new awning installations applied for during the monthi of May 2023 and May 2024, and to indicate that the Planning Code, Building, and Fire Code waivers pertaining to pedestrian street lighting as well as awning replacement, awning installation, and awning sign fees are keyed to permit application in May rather than permit issuance in May; 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 striketl-rrough italics Times New 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. Land Use and Environmental 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 Engardio; Stefani BOARD OF SUPERVISORS Page 1 Supervisors in File No. 230212 and is incorporated herein by reference. The Board affirms this determination. (b) On May 4, 2023, the Planning Commission, in Resolution No. 21318, 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. 230212, 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. 21318, 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. 230212. Section 2. Background and Findings. (a) Annually, May is Small Business Month, during which the Board of Supervisors recognizes the importance of small businesses in San Francisco. As part of this recognition, each year during Small Business Month, there are waivers of various local permit fees that have acted as a bar for many small businesses to improve their building facades and store fronts. Fee waivers include fees for the replacement of awnings, signs on awnings, and installation of pedestrian level lighting. These existing fee waivers are contained in an uncodified Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 160632 and in Tables 1A-A and 1A-E of the Building Code. This ordinance would codify the existing awning fee waivers, and, in addition, expand fee waivers to include permits for the installation of Business Signs and new awnings, where the application for such permit occurs in the month of May 2023 and May 2024, waive plan review and inspection fees of the aforementioned Supervisors Engardio; Stefani BOARD OF SUPERVISORS Page2 awning, signage, and lighting permits under the Fire Code, and key the Planning, Building, and Fire Code fee waivers to application for the permit in May rather than issuance of the permit in May. (b) On July 19, 2023, at a duly noticed public hearing, the Building Inspection Commission considered this ordinance in accordance with Charter Section D3. 750-5 and Building Code Section 104A.2.11.1.1. A copy of a letter from the Building Inspection Commission regarding the Commission's recommendation is on file with the Clerk of the Board of Supervisors in File No. 230559. (c) 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 3. Article 3.5 of the Planning Code is hereby amended by revising Section 350, to read as follows: SEC. 350. FEES. * * * * U) Deferred or Reduced Fee; Fee Waivers. (1) Any fraternal, charitable, benevolentL or any other nonprofit organization, that is exempt from taxation under the Internal Revenue laws of the United States and the Revenue and Taxation Code of the State of California as a bona fide fraternal, charitable, benevolent, or other nonprofit organization, or public entityL that submits an application for the development of residential units all of which are affordable to low and moderate income Supervisors Engardio; Stefani BOARD OF SUPERVISORS Page3 households, as defined by the United States Housing and Urban Development Department, for a time period that is consistent with the policy of the Mayor's Office of Housing and Community Development and the Successor to the San Francisco Redevelopment Agency, may defer payment of the fees except those for discretionary review and appeals to the Board of Supervisors until (A) before final Planning Department approval of the building permit, preparatory to issuance of the building permit, before the building permit is released to the applicant, or (B) within one year of the date of action on the application, whichever comes first. This exemptien deferral provision shall apply notwithstanding the inclusion in the development of other nonprofit ancillary or accessory uses. Should the project be withdrawn prior to final Planning approval, the applicant shall pay time and material costs pursuant to Section 350(g). (2) An exemption from paying the full fees specified for discretionary review or appeals to the Board of Supervisors may be granted when the requester's income is not enough to pay for the fee without affecting his er her abilities their ability to pay for the necessities of life, provided that the]:'.persen seeking th,e exemptien demonstrates to the Planning Director or his/her the Director's designee that he er shethey would be substantially affected by the proposed project. (3) Certain of the fees charged in accordance with subsections (b) and (c) are subject in some circumstances to waiver, as stated in Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 160632. or as stated below. Description of the waivers below does not affect the other waiver provisions in Section 4 of Ordinance No. 149-16. Small Business Month Fee Waivers: No Planning Department fees shall apply to a Small Business that applies for a permit for awning replacement, awning installation, or signs on awnings during the month of May. No Planning Department fees shall apply to a Small Business that applies for a permit for a new awning installation or a Business Sign pursuant to Section 604 Supervisors Engardio; Stefani BOARD OF SUPERVISORS Page4 during the months of May 2023 and May 2024. For purposes of this subsection (i)(3), a Small Business shall be a business with a total workforce oflOO or fewer fulltime employees. To the extent this provision for Small Business Month Fee Waivers differs from the description in subsection (f) on page 43 of Ordinance No. 149-16. this provision governs. * * * * Section 4. Chapter 11 OA of the San Francisco Building Code is hereby amended by revising Section 11 OA, to read as follows: SECTION 110A- SCHEDULE OF FEE TABLES * * * * TABLE 1A-A- BUILDING PERMIT FEES NEW CONSTRUCTION 1,3 AL TERA TIONS 1•2•3 PLAN PERMIT PLAN PERMIT NO PLANS 1•2•3 PERMIT TOTAL VALUATION REVIEW ISSUANCE REVIEW ISSUANCE ISSUANCE FEE FEE FEE FEE FEE * * * * NOTES: 1. These permit fees do not include other fees that may be required by other Departments: Public Works, Planning, Fire, Public Health, etc., nor do they include plumbing, electrical or mechanical permit fees unless so stated in the other fee tables. 2. A surcharge of $5.00 shall be added to those alteration permits sought for buildings classified as R3 (one/two-family dwelling) and E3 (licensed day care) that were Supervisors Engardio; Stefani BOARD OF SUPERVISORS Page 5 constructed prior to 1979 to implement the interior lead safe work practices provisions of Section 3407 et seq. of this code. 3. All permit fees, including inspection fees, related to reviewing the structural integrity of awning replacements and avming installations for permits submitted "over the counter" at the Central Permit Bureau are hereby waived for any Small Business that applies for a permit issued to a Small Business Enterprise for such activities during the month of May. All permit fees, including inspection fees, related to reviewing the structural integrity of new awning installations and installation of any Business Sign, as that term is defined in Planning Code Section 602, for permits submitted "over the counter" at the Central Permit Bureau are hereby waived for any Small Business that applies for a permit for such activities during the months of May 2023 and May 2024. For purposes of this Section, a Small Business Enterprise shall be a business with a total workforce of that has 100 or fewer fulltime employees. The Planning Department and the Department ofBuilding Inspection shall establish a process by which those tlvo departments will certifj· that an epplicant is a Small Business Enterprise for the purpose of this Section and Section 355 350 of the Planning Code. To the extent this provision for Small Business Month Fee Waivers differs from the description in subsection (f) on page 43 of Ordinance No. 149-16, this provision governs. * * * * TABLE 1A-E- ELECTRICAL PERMIT ISSUANCE AND INSPECTION FEE SCHEDULE A. Permit applicants are required to itemize the proposed scope of work and select the appropriate category and fee amount. Supervisors Engardio; Stefani BOARD OF SUPERVISORS Page6 B. Separate permits are required for each structure, condominium unit, existing dwelling unit (except in R3 occupancies), common area, commercial office floor or individual tenant space. C. Standard hourly permit issuance and inspection rates shall apply for installations not covered by this fee schedule. D. Fees shall be paid in full prior to obtaining: occupancy approval, job card signature, permission to energize, or final signoff, as applicable. E. For the purpose of fee calculation: appliances and utilization equipment each count as one outlet or device in addition to receptacles, switches, and light outlets. F. All permit fees, including inspection fees, related to reviewing the installation of pedestrian level lighting are hereby waived for any Small Business that applies for a permit fs.s.tted for such activities for Sm6ll Business Enterprises during the month of May. For purposes of this Section, a Small Business Enterprise shall be a business with a total workforce o{th6t h6s 100 or fewer fitlltime employees. The Pltznning Dep6rtment 6nd the Dep6rtment ~{Building Inspection sh6ll esfflblish process by which t."iose two dep6rtments ~wilf certifj· th6t 6n €tpplic6nt is 6 Sm6ll Business Enterprise for t.~e purpose of this Section 6nd Section 355 350 oft."ie Pl6nning Code. To the extent this provision for Small Business Month Fee Waivers differs from the description in subsection (f) on page 43 of Ordinance No. 149-16. this provision governs. See Table 1A-R for refund policy. See Table 1A-J for permit extensions. * * * * Section 5. Chapter 107 of the San Francisco Fire Code is hereby amended by revising Section 107 .17, to read as follows: Supervisors Engardio; Stefani BOARD OF SUPERVISORS Page 7 107.17. ReseAled. (FOR SF/Small Business Month Fee Waivers. Notwithstanding the fees established herein. all plan review and inspection fees related to reviewing the structural integrity o(awning replacements, avming installations, and installation of pedestrian level lighting for permits submitted "over the counter" at the Central Permit Bureau are hereby waived for any Small Business that applies for a permit for such activities during the month of May. No plan review and inspection fees shall apply to a Small Business that applies for a permit for a new awning installation or installation of a Business Sign, as that term is defined in Planning Code Section 602, during the months of May 2023 and May 2024. For purposes of this Section, a Small Business shall be a business with a total workforce of 100 or fewer full time employees. Section 6. 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 sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. (b) The Board of Supervisors intends that this ordinance be operative during the entirety of May 2023, which is Small Business Month. To effectuate this intent, the operative provisions of this ordinance shall be retroactive to May 1, 2023 should the effective date of the ordinance occur after May 1, 2023. If any fees that are waived by this ordinance have been collected prior to its effective date, said fees shall be promptly refunded on or after the effective date of the ordinance, without interest. upon request of the payor of the fee. Any refund request under this subsection (b) must be filed in writing with the Central Permit Bureau within one year of payment of the fee. Supervisors Engardio; Stefani BOARD OF SUPERVISORS Page 8 Section 7. 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. Section 8. Effect of Ordinance on Ordinance No. 149-16; Directions to Clerk of the Board of Supervisors. (a) This ordinance overlaps with subsection (f) on page 43 of Ordinance No. 149-16, duplicating some of that subsection's features but making some changes. To the extent the provisions of this ordinance differ from those of Ordinance No. 149-16, the provisions of this ordinance govern. This ordinance therefore supersedes subsection (f) on page 43 of Ordinance No. 149-16. (b) Upon the effective date of this ordinance, the Clerk of the Board of Supervisors shall place a copy of this ordinance in Board File No. 160632, the file for Ordinance No. 149- 16. In addition, the Clerk of the Board shall indicate on the Board's website chart for ordinances enacted in 2016 that Ordinance No. 149-16 has been superseded in part by this ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Giulia Gualco-Nelson GIULIA GUALCO-NELSON Deputy City Attorney n:\legana\as2023\2300233\01681343.docx Supervisors Engardio; Stefani BOARD OF SUPERVISORS Page 9 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 230559 Date Passed: September 05, 2023 Ordinance amending the Planning, Building, and Fire Codes to codify the annual waiver of awning replacement fees and awning sign fees applied for during the month of May, to annually waive fees for Business Signs and new awning installations applied for during the months of May 2023 and May 2024, and to indicate that the Planning Code, Building, and Fire Code waivers pertaining to pedestrian street lighting as well as awning replacement, awning installation, and awning sign fees are keyed to permit application in May rather than permit issuance in May; 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. May 15, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF THE CHAIR June 12, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE June 12, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF THE CHAIR AS AMENDED July 24, 2023 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT July 25, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton September 05, 2023 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Pagel Printed at 12:00 pm on 9/6/23 File No. 230559 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/5/2023 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 12:00 pm on 9/6123