Ordinance No. 0189-23
Ord. No. 0189-23
in effectAMENDED IN COMMITTEE
FILE NO. 230559
6/12/2023 ORDINANCE NO. 189-23
[Planning, Building, Fire Codes - Small Business Month Fee Waivers Including for Awning
Installation and Business Signs]
Ordinance amending the Planning, Building, and Fire Codes to codify the annual
waiver of awning replacement fees and awning sign fees applied for during the month
of May, to annually waive fees for Business Signs and new awning installations applied
for during the monthi of May 2023 and May 2024, and to indicate that the Planning
Code, Building, and Fire Code waivers pertaining to pedestrian street lighting as well
as awning replacement, awning installation, and awning sign fees are keyed to permit
application in May rather than permit issuance in May; 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 striketl-rrough italics Times New Reman 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. Land Use and Environmental 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
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Supervisors in File No. 230212 and is incorporated herein by reference. The Board affirms
this determination.
(b) On May 4, 2023, the Planning Commission, in Resolution No. 21318, 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. 230212, 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. 21318, 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. 230212.
Section 2. Background and Findings.
(a) Annually, May is Small Business Month, during which the Board of Supervisors
recognizes the importance of small businesses in San Francisco. As part of this recognition,
each year during Small Business Month, there are waivers of various local permit fees that
have acted as a bar for many small businesses to improve their building facades and store
fronts. Fee waivers include fees for the replacement of awnings, signs on awnings, and
installation of pedestrian level lighting. These existing fee waivers are contained in an
uncodified Section 4 of Ordinance No. 149-16 in Board of Supervisors File No. 160632 and in
Tables 1A-A and 1A-E of the Building Code. This ordinance would codify the existing awning
fee waivers, and, in addition, expand fee waivers to include permits for the installation of
Business Signs and new awnings, where the application for such permit occurs in the month
of May 2023 and May 2024, waive plan review and inspection fees of the aforementioned
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awning, signage, and lighting permits under the Fire Code, and key the Planning, Building,
and Fire Code fee waivers to application for the permit in May rather than issuance of the
permit in May.
(b) On July 19, 2023, at a duly noticed public hearing, the Building Inspection
Commission considered this ordinance in accordance with Charter Section D3. 750-5 and
Building Code Section 104A.2.11.1.1. A copy of a letter from the Building Inspection
Commission regarding the Commission's recommendation is on file with the Clerk of the
Board of Supervisors in File No. 230559.
(c) 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 3. Article 3.5 of the Planning Code is hereby amended by revising Section
350, to read as follows:
SEC. 350. FEES.
* * * *
U) Deferred or Reduced Fee; Fee Waivers.
(1) Any fraternal, charitable, benevolentL or any other nonprofit organization, that
is exempt from taxation under the Internal Revenue laws of the United States and the
Revenue and Taxation Code of the State of California as a bona fide fraternal, charitable,
benevolent, or other nonprofit organization, or public entityL that submits an application for the
development of residential units all of which are affordable to low and moderate income
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households, as defined by the United States Housing and Urban Development Department,
for a time period that is consistent with the policy of the Mayor's Office of Housing and
Community Development and the Successor to the San Francisco Redevelopment Agency,
may defer payment of the fees except those for discretionary review and appeals to the Board
of Supervisors until (A) before final Planning Department approval of the building permit,
preparatory to issuance of the building permit, before the building permit is released to the
applicant, or (B) within one year of the date of action on the application, whichever comes
first. This exemptien deferral provision shall apply notwithstanding the inclusion in the
development of other nonprofit ancillary or accessory uses. Should the project be withdrawn
prior to final Planning approval, the applicant shall pay time and material costs pursuant to
Section 350(g).
(2) An exemption from paying the full fees specified for discretionary review or
appeals to the Board of Supervisors may be granted when the requester's income is not
enough to pay for the fee without affecting his er her abilities their ability to pay for the
necessities of life, provided that the]:'.persen seeking th,e exemptien demonstrates to the Planning
Director or his/her the Director's designee that he er shethey would be substantially affected by
the proposed project.
(3) Certain of the fees charged in accordance with subsections (b) and (c) are
subject in some circumstances to waiver, as stated in Section 4 of Ordinance No. 149-16 in
Board of Supervisors File No. 160632. or as stated below. Description of the waivers below does
not affect the other waiver provisions in Section 4 of Ordinance No. 149-16.
Small Business Month Fee Waivers: No Planning Department fees shall apply to a Small
Business that applies for a permit for awning replacement, awning installation, or signs on awnings
during the month of May. No Planning Department fees shall apply to a Small Business that
applies for a permit for a new awning installation or a Business Sign pursuant to Section 604
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during the months of May 2023 and May 2024. For purposes of this subsection (i)(3), a Small
Business shall be a business with a total workforce oflOO or fewer fulltime employees. To the extent
this provision for Small Business Month Fee Waivers differs from the description in subsection (f) on
page 43 of Ordinance No. 149-16. this provision governs.
* * * *
Section 4. Chapter 11 OA of the San Francisco Building Code is hereby amended by
revising Section 11 OA, to read as follows:
SECTION 110A- SCHEDULE OF FEE TABLES
* * * *
TABLE 1A-A- BUILDING PERMIT FEES
NEW
CONSTRUCTION 1,3
AL TERA TIONS 1•2•3
PLAN
PERMIT
PLAN
PERMIT
NO PLANS 1•2•3
PERMIT
TOTAL
VALUATION
REVIEW
ISSUANCE REVIEW
ISSUANCE ISSUANCE FEE
FEE
FEE
FEE
FEE
* * * *
NOTES:
1. These permit fees do not include other fees that may be required by other
Departments: Public Works, Planning, Fire, Public Health, etc., nor do they include
plumbing, electrical or mechanical permit fees unless so stated in the other fee tables.
2. A surcharge of $5.00 shall be added to those alteration permits sought for
buildings classified as R3 (one/two-family dwelling) and E3 (licensed day care) that were
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constructed prior to 1979 to implement the interior lead safe work practices provisions of
Section 3407 et seq. of this code.
3. All permit fees, including inspection fees, related to reviewing the
structural integrity of awning replacements and avming installations for permits submitted
"over the counter" at the Central Permit Bureau are hereby waived for any Small Business
that applies for a permit issued to a Small Business Enterprise for such activities during the
month of May. All permit fees, including inspection fees, related to reviewing the structural
integrity of new awning installations and installation of any Business Sign, as that term is
defined in Planning Code Section 602, for permits submitted "over the counter" at the
Central Permit Bureau are hereby waived for any Small Business that applies for a permit
for such activities during the months of May 2023 and May 2024. For purposes of this
Section, a Small Business Enterprise shall be a business with a total workforce of that has 100
or fewer fulltime employees. The Planning Department and the Department ofBuilding Inspection
shall establish a process by which those tlvo departments will certifj· that an epplicant is a Small
Business Enterprise for the purpose of this Section and Section 355 350 of the Planning Code. To
the extent this provision for Small Business Month Fee Waivers differs from the description in
subsection (f) on page 43 of Ordinance No. 149-16, this provision governs.
* * * *
TABLE 1A-E- ELECTRICAL PERMIT ISSUANCE AND INSPECTION FEE
SCHEDULE
A. Permit applicants are required to itemize the proposed scope of work and select
the appropriate category and fee amount.
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B. Separate permits are required for each structure, condominium unit, existing
dwelling unit (except in R3 occupancies), common area, commercial office floor or individual
tenant space.
C. Standard hourly permit issuance and inspection rates shall apply for installations
not covered by this fee schedule.
D. Fees shall be paid in full prior to obtaining: occupancy approval, job card signature,
permission to energize, or final signoff, as applicable.
E. For the purpose of fee calculation: appliances and utilization equipment each count
as one outlet or device in addition to receptacles, switches, and light outlets.
F. All permit fees, including inspection fees, related to reviewing the installation
of pedestrian level lighting are hereby waived for any Small Business that applies for a permit
fs.s.tted for such activities for Sm6ll Business Enterprises during the month of May. For purposes
of this Section, a Small Business Enterprise shall be a business with a total workforce o{th6t h6s
100 or fewer fitlltime employees. The Pltznning Dep6rtment 6nd the Dep6rtment ~{Building
Inspection sh6ll esfflblish process by which t."iose two dep6rtments ~wilf certifj· th6t 6n €tpplic6nt is 6
Sm6ll Business Enterprise for t.~e purpose of this Section 6nd Section 355 350 oft."ie Pl6nning Code.
To the extent this provision for Small Business Month Fee Waivers differs from the description in
subsection (f) on page 43 of Ordinance No. 149-16. this provision governs.
See Table 1A-R for refund policy.
See Table 1A-J for permit extensions.
* * * *
Section 5. Chapter 107 of the San Francisco Fire Code is hereby amended by revising
Section 107 .17, to read as follows:
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107.17. ReseAled. (FOR SF/Small Business Month Fee Waivers.
Notwithstanding the fees established herein. all plan review and inspection fees related to
reviewing the structural integrity o(awning replacements, avming installations, and installation of
pedestrian level lighting for permits submitted "over the counter" at the Central Permit Bureau are
hereby waived for any Small Business that applies for a permit for such activities during the month of
May. No plan review and inspection fees shall apply to a Small Business that applies for a
permit for a new awning installation or installation of a Business Sign, as that term is defined
in Planning Code Section 602, during the months of May 2023 and May 2024. For purposes of
this Section, a Small Business shall be a business with a total workforce of 100 or fewer full time
employees.
Section 6. Effective Date; Retroactivity.
(a) 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.
(b) The Board of Supervisors intends that this ordinance be operative during the
entirety of May 2023, which is Small Business Month. To effectuate this intent, the operative
provisions of this ordinance shall be retroactive to May 1, 2023 should the effective date of the
ordinance occur after May 1, 2023. If any fees that are waived by this ordinance have been
collected prior to its effective date, said fees shall be promptly refunded on or after the
effective date of the ordinance, without interest. upon request of the payor of the fee. Any
refund request under this subsection (b) must be filed in writing with the Central Permit
Bureau within one year of payment of the fee.
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Section 7. 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.
Section 8. Effect of Ordinance on Ordinance No. 149-16; Directions to Clerk of the
Board of Supervisors.
(a) This ordinance overlaps with subsection (f) on page 43 of Ordinance No. 149-16,
duplicating some of that subsection's features but making some changes. To the extent the
provisions of this ordinance differ from those of Ordinance No. 149-16, the provisions of this
ordinance govern. This ordinance therefore supersedes subsection (f) on page 43 of
Ordinance No. 149-16.
(b) Upon the effective date of this ordinance, the Clerk of the Board of Supervisors
shall place a copy of this ordinance in Board File No. 160632, the file for Ordinance No. 149-
16. In addition, the Clerk of the Board shall indicate on the Board's website chart for
ordinances enacted in 2016 that Ordinance No. 149-16 has been superseded in part by this
ordinance.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
/s/ Giulia Gualco-Nelson
GIULIA GUALCO-NELSON
Deputy City Attorney
n:\legana\as2023\2300233\01681343.docx
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
230559
Date Passed: September 05, 2023
Ordinance amending the Planning, Building, and Fire Codes to codify the annual waiver of awning
replacement fees and awning sign fees applied for during the month of May, to annually waive fees for
Business Signs and new awning installations applied for during the months of May 2023 and May
2024, and to indicate that the Planning Code, Building, and Fire Code waivers pertaining to pedestrian
street lighting as well as awning replacement, awning installation, and awning sign fees are keyed to
permit application in May rather than permit issuance in May; 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.
May 15, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR
June 12, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
June 12, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR AS AMENDED
July 24, 2023 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE
REPORT
July 25, 2023 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
September 05, 2023 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
Pagel
Printed at 12:00 pm on 9/6/23
File No. 230559
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
9/5/2023 by the Board of Supervisors of the
City and County of San Francisco.
Date Approved
Printed at 12:00 pm on 9/6123
References
amendsSec. 350
amendsSec. 351
amendsSec. 352
amendsSec. 353
amendsSec. 354
amendsSec. 355
amendsSec. 356
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0189-23.pdfFetched: 7/4/2026