FILE NO. 250539
SUBSTITUTED
6/17/2025
ORDINANCE NO. 115-2
[Building, Planning Codes - Existing Awning, Sign, and Gate Amnesty Program; Design
Standards for Gates, Railings, and Grillwork]
Ordinance amending the Building and Planning Codes to extend the Awning Amnesty
Program to apply to existing unpermitted Signs and Gates; amending the Planning
Code to remove design standards for gates, railings, and grillwork on ground floor
street frontages of non-historic buildings in Neighborhood Commercial, Residential-
Commercial, Commercial, and Mixed-Use Districts; 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 lVew Romal'l 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. Environmental 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
Supervisors in File No. 250539 and is incorporated herein by reference. The Board affirms
this determination.
Mayor Lurie; Supervisors Sauter, Chen, Mandelman
BOARD OF SUPERVISORS
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(b) On June 26, 2025, the Planning Commission, in Resolution No. 21760, 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. 250539, 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. 21760, 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. 250539.
(d) On June 18, 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. 250539.
(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 1A of the Building Code is hereby amended by revising Sections
106A.5, and 106A.5.1 through 106A.5.4, to read as follows:
106A.5 Awning, Sign, and Gate Amnesty Program. The Department shall implement
the amnesty program outlined in this Section 106A.5 to incentivize and expedite the
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legalization of Awnings, Signs, and Gates as defined belmvaHd regttlated iH SectioH 1703 of the
Bttil-ding Code, that were physically existing on and installed without a building permitL or for
which the Department has no record of a building permit on fileL as of August 20, 2023. All
property owners that have existing Awnings, Signs, and/or Gates that were installed on or before
August 20, 2023 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, Sign, or
Gate without a building permit.
SCOPE OF PROGRAM: The amnesty program in this Section 106A.5 applies to Awnings,
Signs, and Gate as follows:
All Awnings, as that term is defined in Section 202 ofthis Code,·
Signs, as that term is defined in Section 202 ofthis Code, that are non-illuminated, under 250 pounds,
and 25 square feet or less,· and
Gates, including security grilles, that are located in B, S, and M occupancies, and are designed to
provide security for commercial uses during non-business hours. Vehicular gates, as defined by section
202 of this Code, are not eligible for the amnesty program.
106A.5.1 Certification of Existing Installation: No New Construction, Repairs, or
Corrective Work. The amnesty program shall provide a streamlined process to verify that an
existing Awning, Sign, or Gate complies with applicable provisions of the Building Code as well
as Planning Code Section 187.3, and will result in a building permit authorizing the existing
Awning, Sign, or Gate. The amnesty program shall not authorize new construction or corrective
work to bring an existing Awning, Sign, or Gate into compliance. Any alterations, modifications,
or construction required to bring the Awning, Sign, or Gate into compliance with the Building
Code will require a standard building permit and is not subject to the provisions of this Section
106A.5, except that the fees for any such permit required to repair or replace an Awning that the
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Department determined was not in compliance with the Building Code shall be waived pursuant to
Section 106A.5.2.
1 0GA.5.2 Waiving of Fees. Notwithstanding any other provisions of the Building Code,
the Department shall continue until July 1, 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 fees,
including inspection fees required under Section 107 A.5 for work without a permit.
1 0GA.5.3 Streamlined Application Process. The Department shall develop a
streamlined application process to facilitate and expedite review of Awning, Sign, or Gate
permits during the amnesty program. The application shall require only information essential
to determining whether an existing Awning, Sign, or Gate complies with the applicable Building
and Planning Code provisions, including the Planning Code's amnesty program in Planning
Code Section 187.3.
1 0GA.5.4 No Relaxation of Building Standards. The amnesty program governs the
certification of existing Awnings', Signs', or Gates' compliance with applicable Building Code
provisions. Any Awning, Sign, or Gate that is not in compliance with the Building Code will
require a separate building permit to repair, replace, or remove the Awning, Sign, or Gate.
Section 3. Articles 1.2 and 1.7 of the Planning Code are hereby amended by revising
Sections 145.1 and 187.3, to read as follows:
SEC. 145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL,
RESIDENTIAL-COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS.
* * * *
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(c) Controls. The following requirements shall generally apply, except for those
controls listed in subsections (c)(1) Above Grade Parking Setback and (c)(4) Ground Floor
Ceiling Height, which only apply to a "development lot" as defined above and except as
specified in subsection (d).
In NC-S Districts, the applicable frontage shall be the primary facade(s) that contains
customer entrances to commercial spaces.
* * * *
(7) Gates, Railings, and Grillwork for Historic Buildings. Except as specified
in subsection (d), any gates,decoratiw railingsL or grillwork, other than wire mesh, with street
frontage at the ground level, which is placed in front ofor behind groundjloor windov.·s, shall be at
least 75.J(.)% open to perpendicular view. Rolling or sliding sernrity gates shall consist of open
grillwork rather than solid material, so as to provide ';isual interest to pedestrians ·when the gates are
closed, and to permit light to pass through mostly unobstructed. To ensure sufficient visibilityforfire
safety, gtltes that are less than 75% open to perpendiculEtr views shall include a transparent vie',ving
window or grill at least 10 inches in height, which shall be located at least 50 60 il1ches abow the
nearest abutting sidewalk. Gates, when both open and folded or rolled, shall be recessed within,
or laid flush with, the building facade. Gates and gate mechanisms shall be consistent with
any objective design standards that may be adopted by the Planning Commission.
(d) Exceptions for Historic Buildings.
(1) Exceptions fer Hiswrie Buildings. Specific street frontage requirements in this
Section 145.1 may be modified or waived by the Planning CommissionDirector for structures
designated as landmarks, significant or contributory buildings within a historic district, or
buildings of merit when the Historic Preservation Commission advises that complying with
specific street frontage requirements would adversely affect the landmark, significant,
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contributory, or meritorious character of the structure, or that modification or waiver would
enhance the economic feasibility of preservation of the landmark or structure.
(2) Exception to Gates, Railings, and Grillwork Requirements for Cannabis Retail.
(A) A Cannabis Retail use, as defined in Section 890. J 25 or Section J 02, as applicable, is
exernpt frmn the requirements a/Section 115. J (c)(7) as prm·ided herein, and nwy install gates, railings,
or grillwork that are less than 20% open to perpendicular ',,'ie,P, including features that are fitlly
opaque, provided that such gates, railings, or grillwork are deployed only when the Cannabis Retail
use is not open to the public for business.
(B) A Ca1mabis RetEdl use that has installed any gates, railings, or grilfH,,orkpurst1ant to
subsection (d)(2)(A) shall re,"1W',,'e such gates, railings, or grillwork within the earliest o.fthe following:
(i) 90 days after its Cmmabis Bo1siness Permit issuedpursuant to Article 16 ofthe
Police Code is re•,;oked or otlwr~Fise rendered invalid,·
(ii) 90 days after the Cannabis Retail use ceases regular operation at the premises; or
(iii) 90 days after the Cannabis Retail use is abandoned or discontbmedpursuant to
either Section 178 or Section 183.
(C) Any building permit application to install gates, railings, or grillwork pursuant to
subsection (d)(2)(A) shall include a statement acknowledging dw requirements ofsubsectioH (d)(2)(B).
(D) Subsections (d) (2)(A) and (C) shall expire by operEltion &/law three years Effler the
effective date of the ordinance in Board F'ile No. 220971 enacting this subsection (d)(2). In the ewnt a
Ca,mabis Retail use does not procure a bttildingpermitpursuant to subsection (d)(2)(A) prior to the
expiration ofsubsectio,q (d)(2)(A), the bo1siness shall comply with, and not be exemptfrom, the
requirements a/Section J 15.1(c)(7). Subsection (d)(2)(B) shall continue tfJ apply Effler the expiration o_f
subsections (d) (2) (A) and (CJ.
(E) To deter vandalism ofs1:1rfeces visible from public sidewalks, any Cannabis Retail
use that maintains gates, railings, or grilhvork that do not qualUJ,ifor the exception in subsection
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(d)(3)(A), and which are less than 20% open to perpendicbllar view, shall install a mMral on the surfewe
of the gate 'risible from the p1;1bl ic sidewalk. The mural reqMired binder this subsection (d) (2) (E) shall
not be a Sign as defined iJq Article 6 of this Code.
(3) Exception for Existing Gates, Railings, or Grillwork.
(A) Any NoH Residential use tJtat h€1S not been discontimted or abandoned as &jtJte
effective date of the ordinance e1wcting this subsection (d)(3) and that has gates, railings, or grillwork
that are less than 20% open to perpendicular e1iew, including features that arefitlly opaque, ,dll be
deemed in compliance with the reqMirenwnts &/Section 1 45.1 (c) (7), provided that such gates, railings,
or grillwork existed cmd were occupied by the b/Se prior to September 06, 2022, and are deployed only
when a business is not open to the public. This subsection (d)(3) does not otherwise exempt a usefrom
any required building permit.
(BJ Existing gates, railings, andgrillworkpermittedpursuant to this subsection (d)(3)
shall be treated as noncomplying structures subject to the restrictions on intensification, expansion,
and relocation under Section 188(Gl), and may 1;mdergo ordinary maintenance and minor repairs as
described in Section 181 (b). Cannabis Retail use with gates that qualifj,· as noncomplying structures
under this subsection (d) (3) shall not be subject to the reqblirement for murals under subsection
(d)(2)(E).
(C) Any Non Residentictl use that seeks to be exentptfrom the requirements of Section
1 '/5.1 (c)(7) shall procure a bblildingpermit within three years ofthe date of mailed notice to establish
any existing gates, railings, or grillwork as a noncontplying structure pursucmt to this subsection (d)(3).
In the event a Non Residential use does notprocure a btdldi11gpermitp1;1rsuant to this subsection (d)(3)
prior to the apiration &/three yearsfrmn t1w date ofmail-ed notice, the business shall be subject to
fines pursuant to Sectio11 176 of this Code until a building permit establishing the existence of the gate
prior to Septonber 06, 2022, as specified in subsection (d)(3)(A), is procMred Any l'-lon Residential use
H-1ith existing gates, railings, or grillwork that satis-fj,i the criteria set forth in subsection (d) (3) (A) shall
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continue to be exemptfrom the requirements of Section 145.1 (c)(7), but will be fined monetary
pe11altiesfor failing to obtain a building permit as required in this subsection (d)(3)(C).
SEC. 187.3. PRE-EXISTING AWNINGS, GATES, AND SIGNS; AMNESTY.
(a) Intent. The purpose of this Section 187.3 is to recognize the impacts of the
COVID-19 pandemic on small businesses, to acknowledge the contribution of those
businesses' Awnings, Gates, and Signs, as defined in Sections 102 and 602 of this Code,
respectively, to the diverse character of the City's commercial corridors, and to establish a -time-
limited program whereby certain existing Awnings, Gates, 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, Gate, or
Business Sign physically existing on or serving a non-Residential business on August 20,
2023 may be considered an existing noncomplying structure and/or nonconforming use
governed by this Article 1.7 so long as the Sign, Gate, 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, Gates, 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.
(c) Procedures. The Planning Director or Zoning Administrator or their designeef.s'j
shall determine the degree of nonconformity or noncompliance for each Awning, Gate, or Sign
that is granted amnesty under this Section 187.3. Determinations of nonconformity and/or
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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 prepared by a state licensed contractor
or architect, or registered engineer so long as those drawings depict the width, depth, height,
projection, elevation, and other key characteristics of the Signs. Gates. or Awnings in question.
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 187.3 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 1, 2025.
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
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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:
/s/ Robb Kapla
ROBB KAPLA
Deputy City Attorney
n:lleganalas202512500310101848589.docx
Mayor Lurie; Supervisors Sauter, Chen, Mandelman
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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:
250539
Date Passed: July 15, 2025
Ordinance amending the Building and Planning Codes to extend the Awning Amnesty Program to
apply to existing unpermitted Signs and Gates; amending the Planning Code to remove design
standards for gates, railings, and grillwork on ground floor street frontages of non-historic buildings in
Neighborhood Commercial, Residential-Commercial, Commercial, and Mixed-Use Districts; 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 30, 2025 Land Use and Transportation Committee - RECOMMENDED
July 08, 2025 Board of Supervisors - PASSED, ON FIRST READING
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
July 15, 2025 Board of Supervisors - Fl NALLY PASSED
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
File No. 250539
I hereby certify that the foregoing
City and County of San Francisco
Daniel Lurie
Mayor
Page I
Ordinance was FINALLY PASSED on
7/15/2025 by the Board of Supervisors of the
City and County of San Francisco.
Angela Calvillo
Clerk of the Board
1/ 11 / 2('
Date Approved
Printed at 8:45 am on 7/16/25
