AMENDED IN COMMITTEE
7/21/2025
FILE NO. 250284
ORDINANCE NO. 146-25
[Planning, Building Codes - Noncomplying, Unpermitted, and Accessory Structures]
Ordinance amending the Planning Code to provide conditions for repair and relocation
of existing noncomplying structures within required yards, grant unpermitted
residential structures within yards that were constructed before 2003 noncomplying
status, and allow accessory structures up to 10 feet in height and 120 square feet
within required yards; amending the Building Code to exempt accessory structures up
to 120 square feet from building permits; 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 stril-wtlrf'Ottgh ifalics Times lVew Romanfcmt.
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. Environmental, Land Use, 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
Supervisor Engardio
Page 1
BOARD OF SUPERVISORS
Supervisors in File No. 250284 and is incorporated herein by reference. The Board affirms
this determination.
(b) On June 26, 2025, the Planning Commission, in Resolution No. 21757, 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. 250284, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this 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. 21757 and the Board incorporates such reasons
herein by reference. A copy of Planning Commission Resolution No. 21757 is on file with the
Clerk of the Board of Supervisors in File No. 250284.
(d) On July 16, 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. 250284.
(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. Articles 1.2 and 1.7 of the Planning Code are hereby amended by revising
Sections 136 and 188, and adding Section 188.1, to read as follows:
Supervisor Engardio
BOARD OF SUPERVISORS
Page 2
SEC.136. OBSTRUCTIONS OVER STREETS AND ALLEYS AND IN REQUIRED
SETBACKS, YARDS, AND USABLE OPEN SPACE.
Streets
Set-
Yards
Usable
and
backs
Open
Alleys
Space
* * * *
(c) The permitted obstructions shall be as
follows:
* * * *
X
(23) One or more detached 9-the-F
structures, which may not include sleeping
quarters or full kitchens, but may include
bathrooms and wetbars but not full kitchens,_
commonly Hsed in gcirdening activities, sHch as
greenhoHSCs and sheds for storage ofgcirde,~ tools,
if no more than JOe-ight feet in height above
grade, as measured to the to12. o[_the structure, and
covering no more than a combined 120.J.(}f)
square feet as measured at grade. An additional I
-(j;Jot o[_roo[_eave may be 12.ermitted beyond the 120
sg_uare (§et maximumo-jland;
* * * *
SEC. 188. NONCOMPLYING STRUCTURES: ENLARGEMENTS, AL TERA TIONS,
AND RECONSTRUCTION.
Supervisor Engardio
BOARD OF SUPERVISORS
Page 3
(a) Within the limitations of this Article 1. 7, and especially Sections 172 and 180
hereof, and notwithstanding Sections 188(a)(l) and 188.1, a noncomplying structure as defined in
Section 180 may be enlarged, altered, 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.
(]) Existing Yard Structures. A noncomplying structure that is located within a
required yard may be enlarged, altered, or replaced provided that any above-grade enlargement of
such structure is only to the degree necessary to conform to current Building Code requirements.,_
including, but not limited to, the addition or construction of fire-rated walls. A noncomplying
structure that is located within a required yard may be relocated within the yard efWf Ji.the structure's
new location is equally or further set back from the nearest property lines than the original location.
Interior alterations, including the structure's use for different purposes, shall not constitute an
intensification for the purposes of this subsection (a)(]). Additionally, for any partially noncomplying
structure that is located within a required yard, the rules set forth in this subsection (a)(]) shall apply
only to the portions of the structure that are noncomplying; portions of the structure within the
buildable area shall be sub;ect to rules elsewhere in this Code governing building within the buildable
area o[the lot.
(2) Nothing in this Section 188 shall exempt noncomplying structures from the Planning
Code controls other than those for required yards.
* * * *
Supervisor Engardio
BOARD OF SUPERVISORS
Page 4
SEC. 188.1. NONCOMPLYING STRUCTURE STATUS FOR CERTAIN PRE-EXISTING
RESIDENTIAL STRUCTURES IN RH, RM, AND RTO DISTRICTS.
(a) Within a required yard, residential structures that were constructed without the benefit ofa
permit prior to January 1, 2003, shall be considered Noncomplying Structures and may be altered,
relocated, or replaced in-kind with the same dimensions as they existed prior to 2003. Alterations,
relocations, and in-kind or smaller replacements may deviate from the original structure 's dimensions
only in keeping with the requirements of Section 188(a) o(this Code.
(b) Nothing in this Section 188.1 shall exempt structures from the Planning Code controls other
than those for required yards.
(c) The City shall refund any permit fees incurred by applicants who sought a Variance
determination from Sections 133 or 134 to repair or replace structures that exceeded 100
square feet and/or 8 feet in height, after January 1, 2021, only if: the structures subject to the
Variance are no more than 10 feet in height and no more than 120 square feet total; and were
originally constructed and completed prior to 2003.
Section 3. Chapter 1A of the Building Code is hereby amended by revising Section
106A.2, to read as follows:
106A.2 Work exempt from permit. [Section 105.2 of the California Building Code.]
Exemptions from the permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this code
or any other laws or ordinances of this jurisdiction. A building permit shall not be required for
the following:
1. One-story detached accessory buildings or structures used as tool and storage
sheds, playhouses,_ and similar uses, provided the~area does not exceed
Supervisor Engardio
BOARD OF SUPERVISORS
Page 5
120./-00 square feet (I 1.15.i)d.9. m2). It is permissible that these structures still be regulated by Section
71 OA, despite exemption from perm it.
* * * *
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
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:
Isl Robb Kapla
ROBB KAPLA
Deputy City Attorney
n:\leganalas202512500219101851660 .docx
Supervisor Engardio
BOARD OF SUPERVISORS
Page 6
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
250284
Date Passed: July 29, 2025
Ordinance amending the Planning Code to provide conditions for repair and relocation of existing
noncomplying structures within required yards, grant unpermitted residential structures within yards
that were constructed before 2003 noncomplying status, and allow accessory structures up to 10 feet
in height and 120 square feet within required yards; amending the Building Code to exempt accessory
structures up to 120 square feet from building permits; 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.
June 30, 2025 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR
July 21, 2025 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF
THE WHOLE BEARING SAME TITLE
July 21, 2025 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
AS A COMMITTEE REPORT
July 22, 2025 Board of Supervisors - PASSED, ON FIRST READING
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
July 29, 2025 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
Page I
Printed at 9:38 am 011 7/30/25
File No. 250284
City and County of San Francisco
Daniel Lurie
Mayor
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
7/29/2025 by the Board of Supervisors of the
City and County of San Francisco.
re, I s / 2,02s
Date Approved
Printed at 9:38 am 011 7130/25
