Ordinance No. 0011-17
Ord. No. 0011-17
in effectFILE NO. 161068
AMENDED IN COMMITTEE
12/12/16
ORDINANCE N0.11-17
[Planning Code - Terrace Infill for Noncomplying Structure Designated a Significant Building
on Assessor's Block Number 0316]
Ordinance amending the Planning Code to permit Terrace Infill on a noncomplying
structure that is designated as a Significant Building under Planning Code, Article 11,
and located on Assessor's Block No. 0316 in a C 3 Zoning District; affirming the
Planning Department's determination under the California Environmental Quality Act;
and making findings, including findings of public necessity, convenience, and welfare
under Planning Code, Section 302, and findings of consistency with the General Plan,
and the eight priority policies of Planning Code, Section 101.1.
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 }few Roman font.
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. 161068 and is incorporated herein by reference. The Board affirms
this determination.
(b) On December 8. 2016, the Planning Commission, in Resolution No. 19809,
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
Supervisor Peskin
BOARD OF SUPERVISORS
Page 1
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. 161068, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this 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. 19809 and the Board incorporates such reasons
herein by reference, as though fully set forth herein. A copy of Planning Commission
Resolution No. 19809 is on file with the Clerk of the Board of Supervisors in File No. 161068.
Section 2. The Planning Code is hereby amended by revising Section 188, to read as
follows:
SEC. 188. NONCOMPLYING STRUCTURES: ENLARGEMENTS, ALTERATIONS
AND RECONSTRUCTION.
(a) Within the limitations of this Article 1.7, and especially Sections 172 and 180 hereof,
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.
****
(g) Notwithstanding subsection (a) ofthis Section 188, Terrace Infill. defined as floor area or
building volume located within an existing terrace that is already framed by no less than one wall, may
be permitted to be enclosed on a noncomplying structure, as defined in Planning Code Section 180,
notwithstanding otherwise applicable height, floor area ratio and bulk limits, where the noncomplying
structure is designated as a Significant Building under Article 11 of this Code and is located QQ
Supervisor Peskin
BOARD OF SUPERVISORS
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Assessor's Block 0316 in a C 3 Zoning District. An application (or Terrace Infill shall be
considered a Major Alteration under Section 1111.1 o(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 (or and
procure a Permit to Alter. As part o(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, (2) 'Nould not have
an adverse impact on any character defining features of the building~~) 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 188(g). it shall expire by operation of law on January 31,
1 O
2019. After that date. the City Attorney shall cause this Subsection 188(g) to be removed
from the Planning Code.
Section 3. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactme~t 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
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Supervisor Peskin
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the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
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H. STACY
Deputy City Attorney
n:\legana\as2016\1700148\01156762.docx
Supervisor Peskin
BOARD OF SUPERVISORS
Page4
City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
161068
Date Passed: January 24, 2017
Ordinance amending the Planning Code to permit Terrace Infill on a noncomplying structure that is
designated as a Significant Building under Planning Code, Article 11, and located on Assessor's
Block No. 0316; affirming the Planning Department's determination under the California
Environmental Quality Act; and making findings, including findings of public necessity, convenience,
and welfare under Planning Code, Section 302, and findings of consistency with the General Plan,
and the eight priority policies of Planning Code, Section 101.1.
December 12, 2016 Land Use and Transportation Committee -AMENDED, AN
AMENDMENT OF THE WHOLE BEARING NEW TITLE
December 12, 2016 Land Use and Transportation Committee - RECOMMENDED AS
AMENDED
January 10, 2017 Board of Supervisors - PASSED, ON FIRST READING
Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee
and Sheehy
January 24, 2017 Board of Supervisors - FINALLY PASSED
Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy,
Tang and Yee
File No. 161068
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
1/24/2017 by the Board of Supervisors of
the City and County of San Francisco.
Id
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~alvillo
Clerk of the Board
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Date Approved
City and County of San Francisco
Pages
Printed at 4:20 pm on 1125117
References
amendsSec. 188
amendsSec. 188.1
amendsSec. 189
amendsSec. 190
Source: sf_ordinance_pdfURL: http://sfbos.archive.sf.gov/sites/default/files/o0011-17.pdfFetched: 7/4/2026