Ordinance No. 0211-19
Ord. No. 0211-19
in effectAMENDED IN COMMITTEE
FILE NO. 190702
7/29/2019
ORDINANCE NO.
211-19
[Planning Code - New Rooftop Floor Area or Building Volume on Noncomplying Structure
Designated as a Significant Building - /\ssessor's Parcel Block No. 37075 Third Street]
Ordinance amending the Planning Code to permit new floor area or building volume on
the rooftop of a noncomplying structure that is designated as a Significant Building
under Planning Code, Article 11, located on Assessor's Parcel Block No. 3707 (5 Third
Street), provided that the rooftop has an existing parapet at least 17 feet in height along
the primary building frontage; 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 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 font.
Deletions to Codes are in strikethrough italics Times l'kw Roman 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. 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. 190702 and is incorporated herein by reference. The Board affirms
this determination.
Planning Department
BOARD OF SUPERVISORS
Page 1
(b) On April 25, 2019, the Planning Commission, in Resolution No. 20435, 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. 190702, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, the Board finds that these Planning Code
amendments will serve the public necessity, convenience, and welfare for the reasons set
forth in Planning Commission Resolution No. 20435 and the Board incorporates such reasons
herein by reference, as though fully set forth herein. A copy of Planning Commission
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Resolution No. 20435 is on file with the Clerk of the Board of Supervisors in File No. 190702.
Section 2. The Planning Code is hereby amended by revising Section 188, to read as
follows:
SECTION. 188. NONCOMPLYING STRUCTURES: ENLARGEMENTS,
AL TERATIONS1 AND RECONSTRUCTION.
(a) Within the limitations of this Article 1.7, and especially Sections 172 and 180
thereof, a noncomplying structure as defined in Section 180 may be enlarged, alteredL or
relocated, or undergo a change or intensification of use in conformity with the use limitations
of this Code, provided that with respect to such structure there is no increase in any
discrepancy, or any new discrepancy, at any level of the structure, between existing
conditions on the lot and the required standards for new construction set forth in this Code,
and provided the remaining requirements of this Code are met.
* * * *
(g) Notwithstanding subsection (a) of this Section 188, Terrace Infill, defined as ne'.v
floor area or building volume located \Nithin an existing terrace that is already framed by no
Planning Department
BOARD OF SUPERVISORS
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less than one •.vall, may be permitted to be enclosed on a noncomplying structure, as defined
in Planning Code Section 180, that is designated as a Significant Building under Article 11 of
this Code, notwithstanding othen11ise applicable height, floor area ratio and bulk limits, \Vhere
the noncomplying structure is designated as a Significant Building under Article 11 of this
Code as follmvs: on Assessor's Block 0316, Terrace Infill may be permitted to be enclosed
within an existing terrace that is already framed by no less than one vvall; and is located on
Assessor's Block 03163707, Terrace Infill may be permitted within an existing rooftop terrace
that is behind a parapet at least 17 feet in height along the primary building frontage. An
application for Terrace Infill shall be considered a Major ,!\Iteration under Section 1111.1 of
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this Code and shall be subject to the applicable provisions of Article 11 of this Code, including
but not limited to the requirement to apply for and procure a Permit to Alter. As part of the
Historic Preservation Commission's consideration of such application, in addition to other
requirements set forth in this Code, the facts presented must establish that the Terrace Infill
(1) would not be visible from the primary building frontage, and (2) ·.vould not exceed 1,500
net new square feet per building. Unless the Board of Supervisors adopts an ordinance
extending the term of this Subsection 188(g), it shall expire by operation of law on January
31,201928. After that date, the City Attorney shall cause this Subsection 188(g) to be
removed from the Planning Code.
(g) Notwithstanding subsection (a) of this Section 188, Terrace Infill, defined as new
floor area or building volume located within an existing terrace may be permitted on a
noncomplying structure, as defined in Planning Code Section 180, that is designated as a
Significant Building under Article 11 of this Code, notwithstanding otherwise applicable height,
floor area ratio, and bulk limits, as follows: on Assessor's Block 0316, Terrace Infill may be
permitted to be enclosed within an existing terrace that is already framed by no less than one
wall; and on Assessor's Block 3707, Terrace Infill may be permitted within an existing rooftop
Planning Department
BOARD OF SUPERVISORS
Page 3
terrace that is behind a parapet at least 17 feet in height along the primary building frontage.
An application for Terrace Infill shall be considered a Major Alteration under Section 1111.1 of
this Code and shall be subject to the applicable provisions of Article 11 of this Code, including
but not limited to the requirement to apply for and procure a Permit to Alter. As part of the
Historic Preservation Commission's consideration of such application. in addition to other
requirements set forth in this Code, the facts presented must establish that the Terrace Infill
(1) would not be visible from the primary building frontage, and (2) would not exceed 1,500
net new square feet per building. Unless the Board of Supervisors adopts an ordinance
extending the term of this subsection (g), it shall expire by operation of law on January 31,
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2028. After that date, the City Attorney shall cause this subsection to be removed from the
Planning Code.
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
Ill
Ill
Ill
Planning Department
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the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS J. HERRER
it11\Attorney
By:
!STOPHER T. TOM
Deputy City Attorney
n:\legana\as2018\1900078\01379922.docx
Planning Department
BOARD OF SUPERVISORS
Page
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
190702
Date Passed: September 10, 2019
Ordinance amending the Planning Code to permit new floor area or building volume on the rooftop of
a noncomplying structure that is designated as a Significant Building under Planning Code, Article
11, located on Assessor's Parcel Block No. 3707 (5 Third Street), provided that the rooftop has an
existing parapet at least 17 feet in height along the primary building frontage; 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 under Planning Code, Section
302.
July 29, 2019 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
July 29, 2019 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
September 03, 2019 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
September 10, 2019 Board of Supervisors - FINALLY PASSED
City and County of San Francisco
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
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Printed at 10:31 am on 9111119
File No. 190702
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
9/10/2019 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 10:31 am 011 9111119
References
amendsSec. 188
amendsSec. 188.1
amendsSec. 189
amendsSec. 190
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0211-19.pdfFetched: 7/4/2026