FILE NO. 190454
ORDINANCE NO.
[Planning Code- Obstructions in Required Setbacks, Yards, and Usable Open Space]
Ordinance amending the Planning Code to allow, in required setbacks, yards, and
usable open space, all projections of an architectural nature if they meet the specified
requirements and to allow bay windows that do not meet the specified requirements to
apply for a Zoning Administrator waiver; 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 adopting findings of public necessity, convenience, and general
1 0
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 [ant.
Deletions to Codes are in strilwtlwough italics Times 1'lerl' Romanfcmt.
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 Land Use 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. 190454 and is incorporated herein by reference. The Board affirms
this determination.
Planning Commission
BOARD OF SUPERVISORS
Page 1
43-20
(b) On October 4, 2018, the Planning Commission, in Resolution No. 20298, 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 1 01.1. 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. 190454, 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. 20298, and the Board incorporates such reasons
herein by reference.
Section 2. The Planning Code is hereby amended by revising Sections 136 and 307,
to read as follows:
SEC. 136. OBSTRUCTIONS OVER STREETS AND ALLEYS AND IN REQUIRED
SETBACKS, YARDS, AND USABLE OPEN SPACE.
Streets Set-
Usable
and
b
k Yards Open
Alleys
ac s
Space
Planning Commission
BOARD OF SUPERVISORS
(a) The following obstructions shall be permitted, in
the manner specified, as indicated by the symboi"X" in the
columns at the left, within the required open areas listed
herein:
(1) Projections from a building or structure
extending over a sSf:reet or e4_11ey as defined in Section 102 of
this Code. Every portion of such projections over a sSf:reet or
e4_11ey shall provide a minimum of 7~ feet of vertical
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X
X
X
Planning Commission
BOARD OF SUPERVISORS
X
clearance from the sidewalk or other surface above which it is
situated, or such greater vertical clearance as may be
required by the San Francisco Building Code, unless the
contrary is stated below. The permit under which any such
projection over a s~reet or aA,IIey is erected over public
property shall not be construed to create any perpetual right
but is a revocable license;
(2) Obstructions within legislated setback lines
and front setback areas, as required by Sections 131 and 132
of this Code;
(3) Obstructions within side yards and rear yards,
as required by Sections 133 and 134 of this Code;
(4) Obstructions within usable open space, as
required by Section 135 of this Code.
(b) No obstruction shall be constructed, placed, or
maintained in any such required open area except as
specified in this Section 136.
(c) The permitted obstructions shall be as follows:
(1) Overhettd horizontalpfrojections o(an
architectural nature that leave (lettving at least 7% feet of
hettdroom) ofttpurely ttrchitectuml or decomtive chttmcter
clearance and do not increase the floor area or the volume o(space
enclosed by the building, such as cornices, eaves, sills,_ find belt
courses, sunshades, fins, and brise soleils, rvith tt vertic&!
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* * * *
Planning Commission
BOARD OF SUPERVISORS
dimension o.fno more than two J!Cet six inches, not increasing the
floor area or the volume ofspace enclosed by the building, and not
projecting more than four feet over streets and alleys or more than
[our feet into setbacks, yards, and usable open space. -:-
(A) At roof level, three feet over streets and alleys
and into setbacks, or to a perimeter in such required open areas
parallel to and one foot outside the smfaces of bay 1vindmvs
immediately belmv such features, ',vhichever is the greater
projection,
(B) At ever}' otlwr level, one foot over streets and
alleys and into setbacks, and
(C) Three J!Bet into yards and usable open space, or 1/6
ofthe required minimum dimensions (vvhen specified) ofsuch open
areas, ',vhichever is less;
* * * *
Page
SEC. 307. OTHER POWERS AND DUTIES OF THE ZONING ADMINISTRATOR.
In addition to those specified in Sections 302 through 306 of this Code, the
Zoning Administrator shall have the following powers and duties in administration and
enforcement of this Code.
* * * *
(h)
Exceptions from Certain Specific Code Standards through Administrative
Review. The Zoning Administrator may allow complete or partial relief from certain standards
specifically identified below, in Section 161, or elsewhere in this Code when modification of
the standard would result in a project fulfilling the criteria set forth below and in the applicable
section.
(1)
Applicability.
* * * *
(D)
Conversion of Non-conforming Uses to Residential Uses. The
Zoning Administrator may modify or waive dwelling unit exposure requirements, rear yard
requirements, open space requirements for inner courts, and the substitution of off-site
publicly accessible open space for required residential open space, provided that:
(i)
+httt the ¥Residential uUse, whether dDwelling uUnits,
gGroup hllousing, or SRO units, are pErincipally pEermitted in the district or districts in which
the project is located;
(ii)
+httt the nonconforming use is eliminated by such
conversion, provided further that the structure is not enlarged, extended, or moved to another
location; and
(iii)
+httt the requirements of the Building Code, the Housing
Code, and other applicable portions of the Municipal Code are met.
Planning Commission
BOARD OF SUPERVISORS
Page
(E)
Better Roofs; Living Roof Alternative. For projects subject to
Section 149, the Zoning Administrator may waive portions of the applicable requirements as
provided in Section 149(e).
(F)
Bav Windows. Bay windows that maintain the same massing as those
allowed as a permitted obstruction in Planning Code Section 136, but do not otherwise meet the
requirements o(Section 136, may be provided complete or partial relief with the advice o(the Planning
Director that said windows otherwise meet all applicable design guidelines.
* * * *
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
the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS J. ~ERRERA, City Attorney
By:
/UJZ)ITH A. BOYAJIAN
5eputy City Attorney
n:\legana\as2018\1800558)01267900.docx
Planning Commission
BOARD OF SUPERVISORS
Page
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 941 02-4689
File Number:
190454
Date Passed: March 10, 2020
Ordinance amending the Planning Code to allow, in required setbacks, yards, and usable open
space, all projections of an architectural nature if they meet the specified requirements and to allow
bay windows that do not meet the specified requirements to apply for a Zoning Administrator waiver;
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 adopting findings of public necessity, convenience, and general welfare
under Planning Code, Section 302.
February 24, 2020 Land Use and Transportation Committee- RECOMMENDED
March 03, 2020 Board of Supervisors- PASSED ON FIRST READING
Ayes: 10- Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani,
Walton and Yee
Absent: 1 -Fewer
March 10, 2020 Board of Supervisors-FINALLY PASSED
Ayes: 10- Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani,
Walton and Yee
Absent: 1 - Fewer
File No. 190454
London N. Breed
Mayor
City and County of San Francisco
Page 1
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
3/10/2020 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 10:12 am on3111/20
