Building, Planning Codes - Existing Awning Amnesty Program
Ord. No. 0139-23
in effectFILE NO. 230447
AMENDED IN COMMITTEE
6/12/2023 ORDINANCE NO. 139-23
[Building, Planning Codes - Existing Awning Amnesty Program]
Ordinance amending the Building and Planning Codes to create a temporary amnesty
program for unpermitted awnings that streamlines the application process to legalize
awnings, waives applicable fees, and confers legal nonconforming status for awnings
and signs that do not comply with the Planning Code; 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 iffllics Times New RomtlH}oHt.
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. 230477 and is incorporated herein by reference. The Board affirms
this determination.
(b) On June 1, 2023, the Planning Commission, in Resolution No. 21328, adopted
findings [OR, the Planning Department determined] that the actions contemplated in this
Mayor Breed; Supervisors Peskin, Stefani, Chan, Preston, Ronen, Mandelman, Safai, Engardio
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ordinance are consistent, on balance, with the City's General Plan and eight priority policies o
Planning Code Section 101.1. The Board adopts these findings [OR, this determination] as
its own. A copy of said Resolution [OR determination] is on file with the Clerk of the Board of
Supervisors in File No. 2304 77, 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. 21328, 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. 230477.
(d) On May 17, 2023, at a duly noticed public hearing, the Building Inspection
Commission considered this ordinance in accordance with Charter Section 03. 750-5 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. 230477.
(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. The Building Code is hereby amended by adding Section 106A.5, to read
as follows:
106A. 5 Awning Amnesty Program. The Department shall implement the temporary amnesty
program outlined in this Section I 06A.5 to incentivize and expedite the legalization of Awnings. as
defined and regulated in Section 1703 of the Building Code. that were installed without a building
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permit or for which the Department has no record ofa building permit on file as of the effective date of
this ordinance in Board File No. 230477. All property owners that have Awnings without a building
permit on file are eligible for the amnestyprogram, includingproperty owners with active Notices of
Violation for installing or having an Awning without a building permit.
106A.5.J Certification o{Existing Installation: No New Construction, Repairs, or Corrective
Work. The amnesty program shall provide a streamlined process to veri(y that an existing Awning
complies with applicable provisions ofthe Building Code as well as Planning Code Section 187.31. and
will result in a building permit authorizing the existing Awning. The amnesty program shall not
authorize new construction or corrective work to bring an existing Awning into compliance. Any
alterations, modifications, or construction required to bring the Awning into compliance with the
Building Code will require a standard building permit and is not subiect to the provisions o(this
Section 106A.5, except that the fees for any such permit shall be waived pursuant to Section 106A.5.2.
106A.5.2 Waiving of Fees. Notwithstanding any other provisions of the Building Code, the
Department shall 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.
106A.5.3 Streamlined Application Process. The Department shall develop a streamlined
application process to facilitate and expedite review of Awning permits during the amnesty program.
The application shall require only information essential to determining whether an existing Awning
complies with the applicable Building and Planning Code provisions, including the Planning Code's
amnesty program in Planning Code Section 187.3.
106A.5.4 No Relaxation of Building Standards. The amnesty program governs the
certification of existing Awnings ' compliance with applicable Building Code provisions. Any Awning
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that is not in compliance with the Building Code will require a separate buildingpermit to repair,
replace, or remove the Awning.
106A.5.5 Sunset. Unless the Board of Supervisors adopts an ordinance extending the term of
this Section 106A. 5. it shall expire by operation o[law on June 1. 2024. At such time. the City Attorney
shall cause it to be removed from the Building Code.
Section 3. The Planning Code is hereby amended by adding Section 187 .3, to read as
follows:
Sec. 187.3. PRE-EXISTING AWNINGS AND SIGNS; AMNESTY.
(a) Intent. The purpose ofthis Section 187.3 is to recognize the impacts of the COVID-19
pandemic on small businesses, to acknowledge the contribution of those businesses' Awnings and
Signs, as defined in Sections 102 and 602 of this Code, respectively, to the diverse character of the
Citv 's commercial corridors and to establish a time-limited vrof!ram wherebv certain existinf! Awninrr.1
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 or Business Sign
physically existing on or serving a non-Residential business on the effective date ofthis ordinance
in Board File No. 230447 may be considered an existing noncomplying structure and/or
nonconforming use governed by this Article 1.8 so long as the Sign or Awning is not affixed to a
building designated as significant or contributory subject tounder Article 11 o(this Code, has
existed at the same general location with the same general size, construction methodology, and
material for at least five years prior to the effective date. In the case of a Sign. the name of the business
and/or particular Sign copy need not have remained unchanged during that five-year period so long as
the general location ofthe Sign has remained constant. 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
Mayor Breed; Supervisors Peskin, Stefani, Chan, Preston, Ronen, Mandelman, Safai, Engardio
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replaced or altered, along 1.vith any Signs affixed to such Awnings, may be replaced or altered
consistent with such requirement and subsequently considered noncomplying structures and/or
nonconforming uses subiect 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 designee(s) shall
determine the degree of nonconformity or noncompliance for each Awning or Sign that is granted
amnesty under this Section. Determinations of nonconformity and/or 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
professionally prepared by a state licensed contractor or architect, or registered engineer so
long as those drawings depict the width, depth, height, proiection, elevation. and other key
characteristics o the Si ns or Awnin sin uestion. 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 and/or {or review
of Building Permit Applications, Sign Permit Applications. or other approvals which relate exclusively
to the implementation ofthis Section, including any enforcement fees under Section 350(g)(J) ofthis
(e) Sunset. Unless the Board o[Supervisors adopts an ordinance extending the term of this
Section 187.3, it shall expire by operation of!aw on June 1, 2024. At such time, the City Attorney shall
cause it to be removed from the Planning Code and no additional Signs or Awnings may be altered,
replaced, or reviewed for consideration as nonconforming or noncomplying under this Section.
Mayor Breed; Supervisors Peskin, Stefani, Chan, Preston, Ronen, Mandelman, Safai, Engardio
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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 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/ Robb Kapla
ROBB KAPLA
Deputy City Attorney
n :\legana\as2023\2300240\01683220 .docx
Mayor Breed; Supervisors Peskin, Stefani, Chan, Preston, Ronen, Mandelman, Safai, Engardio
BOARD OF SUPERVISORS
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City and County of San Francisco
Tails
Ordinance
City Hall
l Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
230447
Date Passed: July 11, 2023
Ordinance amending the Building and Planning Codes to create a temporary amnesty program for
unpermitted awnings that streamlines the application process to legalize awnings, waives applicable
fees, and confers legal nonconforming status for awnings and signs that do not comply with the
Planning Code; 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 12, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
June 12, 2023 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
June 12, 2023 Land Use and Transportation Committee - DUPLICATED AS AMENDED
June 27, 2023 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
July 11, 2023 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai,
Stefani and Walton
Excused: 1 - Ron en
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Printed at 12:21 pm 011 7/12/23
File No. 230447
London N. Breed
Mayor
City a11d Cou11ty o/Sa11 Fra11cisco
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I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
7/11/2023 by the Board of Supervisors of the
City and County of San Francisco.
Date Approved
Printed at 12:21 pm 011 7112/23
References
amendsSec. 187.1
amendsSec. 187.2
amendsSec. 187.3
amendsSec. 188
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0139-23.pdfFetched: 7/4/2026