Part XVI

SEVERABILITY

SEC. 999. SEVERABILITY.

The provisions of Section 109 apply to this Article 9. (Added by Ord. 63-91, App. 2/27/91)

0-0-0-27871

SEC. 1001. PURPOSES.

It is hereby found that structures, sites and areas of special character or special historical, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the prevention of such needless destruction and impairment is essential to the health, safety and general welfare of the public. The purpose of this legislation is to promote the health, safety and general welfare of the public through:

(a) The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important in local, State or national history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived;

(b) The development and maintenance of appropriate settings and environment for such structures, and in such sites and areas;

(c) The enhancement of property values, the stabilization of neighborhoods and areas of the City, the increase of economic and financial benefits to the City and its inhabitants, and the promotion of tourist trade and interest;

(d) The preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its history: cultural, social, economic, political and architectural and

(e) The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs, by fostering knowledge of the living heritage of the past.

(Added by Ord. 27-67, App. 1/26/67; reenacted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1002. POWERS AND DUTIES OF PLANNING DEPARTMENT AND HISTORIC PRESERVATION COMMISSION.

The Planning Department and the Historic Preservation Commission ("HPC") shall have and exercise the powers and shall perform the duties set forth in this Section and elsewhere in this Article 10 with respect to historical preservation. (a) The HPC:

(1) Shall recommend to the Board of Supervisors, after public hearing, on the designation of landmarks and historic districts, as more fully set forth below in this Article 10;

(2) Shall review and decide on applications for construction, alteration, demolition and other applications pertaining to landmark sites and historic districts, as more fully set forth below in this Article 10;

(3) May take steps to encourage or bring about preservation of structures or other features where the HPC has decided to suspend action on an application, as more fully set forth in Section 1006.6 below;

(4) May establish and maintain a list of structures and other features deemed deserving of official recognition although not designated as landmarks or historic districts, and take appropriate measures of recognition, as more fully set forth in Section 1011 below;

(5) Shall have the authority to review and comment upon environmental documents under the California Environmental Quality Act and the National Environmental Policy Act for proposed projects that may have an impact on historic or cultural resources;

(6) Shall act as the City's local historic preservation review commission for the purposes of the Certified Local Government Program, may recommend properties for inclusion in the National Register of Historic Places, and may review and comment on federal undertakings where authorized under the National Historic Preservation Act;

(7) Shall review and comment upon any agreements proposed under the National Historic Preservation Act where the City is a signatory prior to any approval action on such agreement;

• (8) Shall have the authority to oversee and direct the survey and inventory of historic properties;

(9) Shall review and provide written reports to the Planning Commission and Board of Supervisors on ordinances and resolutions concerning historic preservation issues and historic resources, redevelopment project plans, waterfront land use and project plans, and such other matters as may be prescribed by ordinance;

(10) Shall have the authority to recommend approval, disapproval, or modification of historical property contracts pursuant to the state Mills Act to the Board of Supervisors, without referral or recommendation of the Planning Commission; and

(11) Shall recommend to the Planning Commission a Preservation Element of the General Plan, shall periodically recommend to the Planning Commission proposed amendments to such Preservation Element of the General Plan, and shall comment and provide recommendations to the Planning Commission and the Board of Supervisors on other objectives, policies and provisions of the General Plan and special area, neighborhood, and other plans designed to carry out the General Plan, and proposed amendments thereto, that are not contained within such Preservation Element but concern historic preservation.

• (b) The Department and the HPC:

(1) May carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, sites and areas worthy of preservation;

(2) May consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in historical preservation;

(3) May inspect and investigate structures, sites and areas which they have reason to believe worthy of preservation;

(4) May disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and may encourage and advise property owners in the protection, enhancement, perpetuation and use of landmarks, property in historic districts, and other officially recognized property of historical interest;

(5) May consider methods other than those provided for in this Article 10 for encouraging and achieving historical preservation, and make appropriate recommendations to the Board of Supervisors and to other bodies and agencies, both public and private; and

(6) May establish such policies, rules and regulations as they deem necessary to administer and enforce this Article 10 and Charter Section 4.135 establishing the HPC.

(Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section header amended; section amended substantially in its entirety; Ord. 94-12, Eff. 6/20/2012.

SEC. 1003. HISTORIC PRESERVATION COMMISSION.

In November of 2008, the electorate approved Charter Section 4.135, creating the HPC to advise the City on historic preservation matters, participate in processes involving historic and cultural resources, and take such other actions concerning historic preservation as may be prescribed by this Code and other ordinances. Charter Section 4.135 sets forth the requirements for membership to the HPC, as well as applicable nomination procedures and term limits for Commissioners. Additionally, Charter Section 4.135 establishes staffing for the HPC and sets forth the HPC's role in the Planning Department's budget process and establishment of rates, fees, and similar charges. Additional requirements, including those related to the establishment of rules and regulations for the HPC's organization and procedure, are set forth in Charter Sections 4.100 through 4.104.

(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012.

SEC. 1004. DESIGNATION OF LANDMARKS AND HISTORIC DISTRICTS.

(a) The HPC shall have the authority to recommend approval, disapproval, or modification of landmark designations and historic district designations under this Code to the Board of Supervisors. Pursuant to the procedures set forth hereinafter:

(1) The Board of Supervisors may, by ordinance, designate an individual structure or other feature or an integrated group of structures and features on a single lot or site, having a special character or special historical, architectural or aesthetic interest or value, as a landmark, and shall designate a landmark site for each landmark; and

(2) The Board of Supervisors may, by ordinance, designate an area containing a number of structures having a special character or special historical, architectural or aesthetic interest or value, and constituting a distinct section of the City, as a historic district.

(b) Each such designating ordinance shall include, or shall incorporate by reference to the pertinent resolution of the HPC then on file with the Clerk of the Board of Supervisors, as though fully set forth in such designating ordinance, the location and boundaries of the landmark site or historic district, a description of the characteristics of the landmark or historic district that justify its designation, and a description of the particular features that should be preserved. Any such designation shall be in furtherance of and in conformance with the purposes of this Article 10 and the standards set forth herein.

(c) The property included in any such designation shall upon designation be subject to the controls and standards set forth in this Article 10. In addition, the said property shall be subject to the following further controls and standards if imposed by the designating ordinance:

(1) For a publicly-owned landmark, review of proposed changes to significant interior architectural features.

(2) For a privately-owned landmark, review of proposed changes requiring a permit to significant interior architectural features in those areas of the landmark that are or historically have been accessible to members of the public. The designating ordinance must clearly describe each significant interior architectural feature subject to this restriction.

(3) For a historic district, such further controls and standards as deemed necessary or desirable, including but not limited to facade, setback and height controls.

(4) For a City-owned park, square, plaza or garden on a landmark site, review of alterations as identified in the designating ordinance.

(d) Except as provided in Planning Code Section 249.11, the Board of Supervisors may amend or rescind a designation at any time, subject to all of the procedures set forth in this Article 10 for an original designation; provided, however, that in the event that a landmark is accidentally destroyed or is demolished or removed in conformity with the provisions of Section 1007, or is legally demolished or relocated after compliance with the provisions of this Article 10, the Planning Director may request the HPC to recommend to the Board of Supervisors that the designation be amended or rescinded, and in such case the procedures for an original designation set forth in Sections 1004.1 and 1004.2 hereof shall not apply. (Amended by Ord. 112-71, App. 5/7/71; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 82-07, File No. 070021, App. 4/20/2007; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012; Ord. 197-25, File No. 250697, App. 10/27/2025, Eff. 11/27/2025, Oper. 11/27/25)

AMENDMENT HISTORY

Divisions (a), (b), (c)(3), and (d) amended; Ord. 94-12, Eff. 6/20/2012. Division (d) amended; Ord. 197-25, Eff. 11/27/2025.

SEC. 1004.1. NOMINATION AND INITIATION OF LANDMARK AND HISTORIC DISTRICT DESIGNATION.

(a) Nomination. The Department, property owner(s), or any member of the public may request that the HPC initiate designation of a landmark site or historic district. When a nomination is submitted by the owner(s) of a proposed landmark site or a majority of property owners of a proposed historic district, the nomination must be considered by the HPC. A

nomination for initiation shall be in the form prescribed by the HPC and shall contain supporting historic, architectural, and/or cultural documentation, as well as any additional information the HPC may require. The HPC shall hold a hearing to consider nominations made by property owner(s) as set forth above no later than 45 days from the receipt of the nomination request.

(b) Initiation. Initiation of designation of a landmark site or historic district shall be made by one of the following methods:

• (1) by resolution of the Board of Supervisors;

• (2) by resolution of the HPC; or

(3) upon adoption of a resolution by the HPC to confirm a nomination made pursuant to subsection (a) above, provided that the HPC may disapprove the nomination or may request further information and continue the matter as appropriate.

The Board of Supervisors and the HPC shall make findings in support of any initiation of designation of a landmark site or historic district. The Board of Supervisors shall promptly refer any initiation of designation to the HPC for its review and recommendation.

(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012.

SEC. 1004.2. DECISION BY THE HISTORIC PRESERVATION COMMISSION.

Upon initiation of designation, the HPC shall hold a public hearing on the proposed designation. A record of pertinent information presented at the hearing shall be made and maintained as a permanent record.

(a) Notice of Hearing. Notice of the time, place and purpose of such hearing shall be given by at least one publication in a newspaper of general circulation in the City not less than 20 days prior to the date of hearing. Notice shall also be mailed not less than 10 days prior to the date of hearing to the owners of all property included in the proposed designation, using for this purpose the names and addresses of the last known owners as shown on the records of the Tax Collector and to the applicant, if any. Failure to send notice by mail to any such property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Department may also give such other notice as it may deem desirable and practicable.

esses of the last known owners as shown on the records of the Tax Collector and to the applicant, if any. Failure to send notice by mail to any such property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Department may also give such other notice as it may deem desirable and practicable.

(b) Time Limitation. The HPC shall consider the conformance or lack of conformance of the proposed designation with the purposes and standards of this Article 10. Where the Board of Supervisors has referred an initiation of designation to the HPC, the HPC shall hold a public hearing and shall approve, disapprove or modify the proposal within 90 days from the date of referral of the proposed designation to the HPC. Failure to act within said time shall constitute approval. The Board of Supervisors may, by resolution, extend the time within which the HPC is to render its decision.

(c) Referral of Proposed Designation. If the HPC recommends approval of a landmark designation, it shall send its recommendation to the Board of Supervisors, without referral to the Planning Commission. If the HPC recommends approval of a historic district designation, it shall refer its recommendation to the Planning Commission, which shall have 45 days to review and comment on the proposed designation, which comments, if any, shall be sent by the Department to the Board of Supervisors with the HPC's recommendation. The Planning Commission's comments shall be transmitted to the Board of Supervisors as a resolution and shall

(i) address the consistency of the proposed designation with the policies embodied in the General Plan and the priority policies of Section 101.1, particularly the provision of housing to meet the City's Regional Housing Needs Allocation, and the provision of housing near transit corridors;

(ii) identify any amendments to the General Plan necessary to facilitate adoption of the proposed designation; and

(iii) evaluate whether the district would conflict with the Sustainable Communities Strategy for the Bay Area.

If the HPC disapproves designation of a landmark or historic district, that decision shall be final and shall not require referral unless appealed as set forth below.

(Formerly codified as Sec. 1004.3; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1004.2 added by Ord. 27-67, App. 1/26/67; amended by Ord. 26-07, File No. 061068, App. 2/9/2007; deleted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1004.3 redesignated as current Sec. 1004.2; section header, undesignated introductory paragraph, and divisions (a) and (b) amended; former divisions (c) and (d) deleted; new division (c) added; Ord. 94-12, Eff. 6/20/2012.

SEC. 1004.3. DESIGNATION BY BOARD OF SUPERVISORS.

The Board of Supervisors shall hold a public hearing on any proposal so transmitted to it, after due notice to the owners of the property included in the proposal, and such other notice as the Board may deem necessary. The Board of Supervisors may approve, modify and approve, or disapprove the designation by a majority vote of all its members. Prior to the Board of Supervisors' vote on a proposed historic district, the Planning Department shall conduct thorough outreach to affected property owners and occupants. The Planning Department shall invite all property owners and occupants in the proposed district area to express their opinion on the proposed designation. Such invitation shall advise owners of the practical consequences of the adoption of the district, including the availability of preservation incentives, the types of work requiring a Certificate of Appropriateness, the process and fees for obtaining a Certificate of Appropriateness, and the types of work that is generally ineligible to receive a Certificate of Appropriateness.

(Formerly codified as Sec. 1004.4; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1004.3 added by Ord. 27-67, App. 1/26/67; amended by Ord. 26-07, File No. 061068, App. 2/9/2007; redesignated as current Sec. 1004.2 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Former Sec. 1004.4 redesignated as current Sec. 1004.3; section amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1004.4. APPEAL TO BOARD OF SUPERVISORS.

If the HPC disapproves the proposed designation, such action shall be final, except upon the filing of a valid appeal to the Board of Supervisors within 30 days by a protest subscribed by the owners of at least 20 percent of the property proposed to be designated, or by any governmental body or agency, or by an organization with a recognized interest in historical preservation; provided, however, that if the proposal was initiated by the Board of Supervisors, the Clerk of the said Board shall be notified immediately of the disapproval without the necessity for an appeal.

(a) Hearing. The Board of Supervisors shall hold a public hearing on any such proposal appealed to it or initiated by it, after due notice to the owners of the property included in the proposal and any applicant(s), and such other notice as the said Board may deem necessary.

(b) Decision. The Board of Supervisors may overrule the HPC and approve, or modify and approve, the designation by a majority vote of all its members.

(c) Resubmission, Reconsideration. If a proposal initiated by application has been disapproved by the HPC or by the Board of Supervisors, no subsequent application that is the same or substantially the same may be submitted or reconsidered for at least one year from the effective date of final action of the original proposal.

(Formerly codified as Sec. 1004.5; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1004.4 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.3 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1004.5 redesignated as current Sec. 1004.4; undesignated introductory paragraph and divisions (a), (b), and (c) amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1004.5. NOTICE OF DESIGNATION BY BOARD OF SUPERVISORS.

When a landmark or historic district has been designated by the Board of Supervisors as provided above, the Department shall promptly notify the owners of the property included therein. The Department shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the County Recorder.

(Formerly codified as Sec. 1004.6; redesignated by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1004.5 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.4 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1004.6. NOTICE OF AMENDMENT OR RESCISSION OF DESIGNATION.

When a landmark or historic district designation has been amended or rescinded, the Department shall promptly notify the owners of the property included therein, and shall cause a copy of the appropriate ordinance, or notice thereof, to be recorded in the office of the County Recorder.

(Formerly codified as Sec. 1004.7; redesignated by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1004.6 added by Ord. 27-67, App. 1/26/67; redesignated as current Sec. 1004.5 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1004.7. RESERVED.

(Added by Ord. 112-71, App. 5/7/71; redesignated as Sec. 1004.6 by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1005. CONFORMITY AND PERMITS.

(a) No person shall carry out or cause to be carried out on a designated landmark site or in a designated historic district any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, for which a City permit is required, except in conformity with the provisions of this Article 10. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with, and any required permit has been issued for said work.

(b) (1) Installation of a new general advertising sign is prohibited in any historic district or on any historic property regulated by this Article 10.

(2) The Central Permit Bureau shall not issue, and no other City department or agency shall issue, any permit for construction, alteration, removal or demolition of a structure or any permit for work involving a sign, awning, marquee, canopy, mural or other appendage on a landmark site or in an historic district, except in conformity with the provisions of this Article 10. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with.

sue, any permit for construction, alteration, removal or demolition of a structure or any permit for work involving a sign, awning, marquee, canopy, mural or other appendage on a landmark site or in an historic district, except in conformity with the provisions of this Article 10. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with.

(c) Where so provided in the designating ordinance for a historic district, any or all exterior changes visible from a public street or other public place shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required for such exterior changes. Such exterior changes may include, but shall not be limited to, painting and repainting; landscaping; fencing; and installation of lighting fixtures and other building appendages.

(2) The addition of a mural to any landmark or contributory structure in a historic district shall require compliance with the provisions of this Article 10, regardless of whether or not a City permit is required for the mural.

(3) Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies such alterations, shall require approval in accordance with the provisions of this Article 10, regardless of whether or not a City permit is required.

(d) The Department shall maintain with the Central Permit Bureau a current record of designated landmarks and historic districts. Upon receipt of any application for a permit to carry out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, on a landmark site or in a historic district, the Central Permit Bureau shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 1007 of this Article 10, promptly forward such permit application to the Department.

(e) After receiving a permit application from the Central Permit Bureau in accordance with the preceding subsection, the Department shall ascertain whether a Certificate of Appropriateness is required or has been approved for the work proposed in such permit application. If a Certificate of Appropriateness is required and has been issued, and if the permit application conforms to the work approved in the Certificate of Appropriateness, the permit application shall be processed without further reference to this Article 10. If a Certificate of Appropriateness is required and has not been issued, or if the permit application does not conform to what was approved, the permit application shall be disapproved or held by the Department until such time as conformity does exist either through modifications to the proposed work or through the issuance of an amended or new Certificate of Appropriateness. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to this Article 10:

approved, the permit application shall be disapproved or held by the Department until such time as conformity does exist either through modifications to the proposed work or through the issuance of an amended or new Certificate of Appropriateness. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to this Article 10:

(1) When the application is for a permit to construct on a landmark site where the landmark has been lawfully demolished and the site is not within a designated historic district;

(2) When the application is for a permit to make interior alterations only on a privately-owned structure or on a publicly-owned structure, unless the designating ordinance requires review of such alterations to the privately- or publicly-owned structure pursuant to Section 1004(c) hereof. Notwithstanding the foregoing, if any proposed interior alteration requiring a permit would result in any significant visual or material impact to the exterior of the subject building, a Certificate of Appropriateness shall be required to address such exterior effects;

(3) When the application is for a permit to do ordinary maintenance and repairs only. For the purpose of this Article 10, "ordinary maintenance and repairs" shall mean any work, the sole purpose and effect of which is to correct deterioration, decay or damage of existing materials, including repair of damage caused by fire or other disaster;

(4) When the application is for a permit to maintain, repair, rehabilitate, or improve streets and sidewalks, including sidewalk widening, accessibility, and bulb-outs, unless such streets and sidewalks have been explicitly called out in a landmark’s or district’s designating ordinance as character defining features of the landmark or district;

(5) When the application is for a permit to alter a landing or install a power-assist operator to provide an accessible entrance to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6;

(6) When the application is for a permit to install business signs or awnings as defined in Section 602 of this Code to a landmark or district, provided that signage, awnings, and transparency conform to the requirements outlined in Section 1006.6;

(7) When the application is for a permit to install non-visible rooftop appurtenances to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6; or

(8) When the application is for a permit to install non-visible, low-profile skylights, provided that the improvements conform to the requirements outlined in Section 1006.6; or

(9) When the application is for a permit to install a City-sponsored Landmark plaque to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6 of this Code; or

(10) When the application is for a permit to construct an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, provided that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit conforms to the requirements of Section 207.2 of this Code.

• (f) For purposes of this Article 10, demolition shall be defined as any one of the following:

• (1) Removal of more than 25 percent of the surface of all external walls facing a public street(s); or

• (2) Removal of more than 50 percent of all external walls from their function as all external walls; or

• (3) Removal of more than 25 percent of external walls from function as either external or internal walls; or

(4) Removal of more than 75 percent of the building's existing internal structural framework or floor plates unless the City determines that such removal is the only feasible means to meet the standards for seismic load and forces of the latest adopted version of the San Francisco Building Code and the State Historical Building Code.

(g) The following procedures shall govern review of the addition of murals to any landmark or contributory structure in a historic district:

(1) Where the mural is proposed to be added to a landmark or contributory structure in a historic district, located on property owned by the City, no Certificate of Appropriateness shall be required. On such structures, the Art Commission shall not approve the mural until the HPC has provided advice to the Art Commission on the impact of the mural on the historical structure. The HPC shall provide advice to the Art Commission within 45 days of receipt of a written request for advice and information regarding the placement, size and location of the proposed mural;

(2) Where the mural is proposed to be added to a landmark or contributory structure in a historic district, located on property that is not owned by the City, a Certificate of Appropriateness shall be required. The HPC shall not act on the Certificate of Appropriateness until the Art Commission has provided advice to the HPC on the mural. The Art Commission shall provide advice to the HPC within 50 days of receipt of a written request for advice and information regarding the proposed mural.

(Amended by Ord. 222-72, App. 8/9/72; Ord. 227-92, App. 7/14/92; Ord. 97-96, App. 3/6/96; Ord. 249-96, App. 6/19/96; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 140-06, File 052921, App. 6/22/2006; Ord. 82-07, File No. 070021, App. 4/20/2007; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; Ord. 53-23, File No. 210585, App. 4/21/2023, Eff. 5/22/2023; Ord. 122-23, File No. 230371,

App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

AMENDMENT HISTORY

Divisions (e), (e)(2), (e)(3), (e)(4), (g)(1), and (g)(2) amended; Ord. 94-12, Eff. 6/20/2012. Division (e) amended; divisions (e)(5)-(e)(9) added; Ord. 179-18, Eff. 8/27/2018. Division (e)(9) amended; division (e)(10) added; Ord. 53-23, Eff. 5/22/2023. Second division (e)(10)) added; Ord. 122-23 , Eff. 8/5/2023. Second division (e)(10) deleted; Ord. 159-23, Eff. 8/28/2023. Division (e)(10) amended; Ord. 62-24, Eff. 4/28/2024.

SEC. 1006. CERTIFICATE OF APPROPRIATENESS REQUIRED.

(See Interpretations related to this Section.)

A Certificate of Appropriateness shall be required and shall govern review of permit applications as provided in Sections 1005(e) and 1005(g), except in the specific cases set forth in Section 1005(e), for the following types of work affecting the character-defining features as listed pursuant to Section 1004(b) of the Code:

(1) Any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural (as set forth in Planning Code Section 1005(g), or other appendage, for which a City permit is required, on a landmark site or in a historic district;

(2) Exterior changes in a historic district visible from a public street or other public place, where the designating ordinance requires approval of such changes pursuant to the provisions of this Article 10;

(3) The addition of a mural to any landmark or contributory structure in a historic district, which is not owned by the City or located on property owned by the City, as set forth in Planning Code Section 1005(g), regardless of whether or not a City permit is required for the mural; or

(4) Alterations to City-owned parks, squares, plazas or gardens on a landmark site, where the designating ordinance identifies the alterations that require approval under this Article 10.

The procedures, requirements, controls and standards in Sections 1006 through 1006.8 shall apply to all applications for Certificates of Appropriateness; provided, however, that the designating ordinance for a historic district, or for a Cityowned park, square, plaza or garden on a landmark site, may modify or add to these procedures, requirements, controls and standards.

(Amended by Ord. 222-72, App. 8/9/72; Ord. 249-96, App. 6/19/96; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Undesignated introductory paragraph and undesignated concluding paragraph amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1006.1. APPLICATIONS FOR CERTIFICATE OF APPROPRIATENESS.

(a) Who May Apply. An application for a Certificate of Appropriateness may be filed by the owner, or authorized agent for the owner, of the property for which the Certificate is sought.

(b) Where to File. Applications shall be filed in the office of the Planning Department.

(c) Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Department and the HPC. All applications shall be upon forms prescribed therefore, and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. In general, the application shall be accompanied by plans and specifications showing the proposed exterior appearance, including but not limited to color, texture of materials, and architectural design and detail; drawings or photographs showing the property in the context of its surroundings may also be required. The applicant may be required to file with the application additional information needed for the preparation and mailing of notices as specified in Section 1006.3.

(d) Verification. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or his authorized agent attesting to the truth and correctness of all facts, statements and information presented.

(e) Multiple Planning Approvals. For projects that require multiple planning approvals, the HPC shall review and act on any Certificate of Appropriateness before any other planning approval action. For projects that (1) require a conditional use authorization or permit review under Section 309, et seq. of the Code, and (2) do not concern an individually landmarked property, the Planning Commission may modify any decision on a Certificate of Appropriateness by a twothirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of the Code and take into account all relevant General Plan and Planning Code policies, in addition to all applicable historic preservation provisions. For projects located on vacant lots, the Planning Commission may modify any decision on a Certificate of Appropriateness by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of the Planning Code and take into account all relevant General Plan and Planning Code policies, in addition to all applicable historic preservation provisions.

(f) Permit and Application Fee Waivers. In cases of economic hardship, an applicant may be partially or fully exempt from paying fees pursuant to Section 350(e)(2).

(Amended by Ord. 223-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Divisions (b), (c), and (e) amended; division (f) added; Ord. 94-12, Eff. 6/20/2012.

SEC. 1006.2. REVIEW BY PLANNING DEPARTMENT.

The Department shall review an application for a Certificate of Appropriateness and determine within 30 days of submittal whether the application is complete or whether additional information is required.

(a) Minor Alterations. The HPC may define certain categories of work as Minor Alterations and delegate review of an Administrative Certificate of Appropriateness for such Minor Alterations to Department staff. If the HPC delegates such review to Department staff, Minor Alterations shall include the following categories of work:

(1) Work the sole purpose and effect of which is to comply with the Unreinforced Masonry Building (UMB) Seismic Retrofit Ordinance and where the proposed work complies with the UMB Retrofit Architectural Design Guidelines adopted by the HPC; or

(2) Any other work so delegated to the Department by the HPC.

(b) Administrative Certificates of Appropriateness. Upon receipt of a building permit application, the Department will review and render a decision on an Administrative Certificate of Appropriateness without a hearing before the HPC. The Department shall mail the Department's written decision on an Administrative Certificate of Appropriateness to the applicant and to any individuals or organizations who so request. Any Departmental decision on an Administrative Certificate of Appropriateness may be appealed to the HPC within 15 days of the date of the written decision. The HPC may also request review of any Departmental decision on an Administrative Certificate of Appropriateness by its own motion within 20 days of the written decision.

(c) Applications for a Certificate of Appropriateness that are not Minor Alterations delegated to Department staff shall be scheduled for hearing by the HPC pursuant to Sections 1006.3 and 1006.4 below.

(Amended by Ord. 222-72, App. 8/9/72; Ord. 327-99, File No. 991871, App. 12/23/99; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016)

AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 94-12, Eff. 6/20/2012. Divisions (a) and (b) amended; Ord. 166-16 , Eff. 9/10/2016.

SEC. 1006.3. SCHEDULING AND NOTICE OF HEARING.

(a) If a public hearing before the HPC on a Certificate of Appropriateness is required, a timely appeal has been made of an Administrative Certificate of Appropriateness, or the HPC has timely requested review of an Administrative Certificate of Appropriateness, the Department shall set a time and place for said hearing within a reasonable period. Notice of the time, place and purpose of the hearing shall be provided as required by Section 333 of this Code.

(Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)

AMENDMENT HISTORY

Section amended substantially in its entirety; Ord. 94-12, Eff. 6/20/2012. Division (a) amended; divisions (a)(1)-(b) deleted; Ord. 179-18, Oper. 1/1/2019.

SEC. 1006.4. CONDUCT OF HEARING; DECISION.

Where a public hearing before the HPC has been scheduled:

(a) Report and Recommendation. The Department shall make necessary investigations and studies prior to the hearing of the HPC. The Department shall provide its report and recommendation to the HPC.

(b) Record. A record shall be kept of the pertinent information presented at the hearing, and such record shall be maintained as a part of the permanent public records of the Department. A verbatim record may be made if permitted or ordered by the HPC.

(c) Continuations. The HPC shall determine the instances in which cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given of the further hearing date, provided such date is

announced at the scheduled hearing.

(d) Decision. The HPC shall approve, disapprove, or approve with modifications Certificates of Appropriateness for work to designated landmarks or within historic districts, except where it delegates such decisions to Departmental staff under the provisions of Section 1006.2 above. The decision of the HPC shall be rendered within 30 days from the date of conclusion of the hearing; failure of the HPC to act within the prescribed time shall be deemed to constitute disapproval of the application. The decision of the HPC shall be final except upon the filing of a valid appeal to the Board of Appeals or Board of Supervisors as provided in Section 1006.7. If the HPC, or the Board of Appeals or Board of Supervisors on appeal, approves the application, the Department shall issue a Certificate of Appropriateness to the applicant.

(e) Time Limit for Exercise. When approving an application for a Certificate of Appropriateness as provided herein, the HPC may impose a time limit for submission of a permit application conforming to the Certificate; otherwise, such permit application must be submitted within a reasonable time.

(f) Delegation of Hearing. The HPC may delegate to a committee of one or more of its members, or to the Director of Planning or his or her designee, or to any combination of the foregoing, the holding of the hearing required by this Article 10 for a Certificate of Appropriateness. The delegate or delegates shall submit to the HPC a record of the hearing, together with a report of findings and recommendations relative thereto, for the consideration of the HPC in reaching its decision in the case.

(g) Reconsideration. Whenever an application has been disapproved by the HPC, or by the Board of Appeals or Board of Supervisors on appeal as described in Section 1006.7, no application, the same or substantially the same as that which was disapproved, shall be resubmitted to or reconsidered by the HPC within a period of one year from the effective date of final action upon the earlier application.

(Formerly codified as Sec. 1006.5; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1006.4 amended by Ord. 222-72, App. 8/9/72; deleted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1006.5 redesignated as current Sec. 1006.4; undesignated introductory paragraph and divisions (a) through (g) amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1006.5. NATURE OF HISTORIC PRESERVATION COMMISSION DECISION.

The decision of the HPC after its public hearing shall be in accordance with the following provisions:

(a) If the application for a Certificate of Appropriateness proposes construction or alteration of a structure or any work involving a sign, awning, marquee, canopy, mural or other appendage, or exterior changes in a historic district visible from a public street or other public place, the HPC shall approve, disapprove, or modify the application in whole or in part.

(b) If the application proposes removal or demolition of a structure on a designated landmark site, the HPC may disapprove or approve the application, or may suspend action on it for a period not to exceed 180 days; provided that the Board of Supervisors by resolution may, for good cause shown, extend the suspension for an additional period not to exceed 180 days, if the said Board acts not more than 90 days and not less than 30 days prior to the expiration of the original 180-day period.

(c) If the application proposes removal or demolition of a structure in a designated historic district, other than on a designated landmark site, the HPC may disapprove or approve the application, or may suspend action on it for a period not to exceed 90 days, subject to extension by the Board of Supervisors as provided in the preceding subsection; provided, however, that the designating ordinance for the historic district may authorize the suspension of action for an alternate period which shall in no event exceed 90 days, without extension, and in such event the provision of the designating ordinance shall govern.

(d) In the event action on an application to remove or demolish a structure is suspended as provided in this Section, the HPC may take such steps as it determines are necessary to preserve the structure concerned, in accordance with the purposes of this Article 10. Such steps may include, but shall not be limited to, consultations with civic groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features.

(Formerly codified as Sec. 1006.6; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1006.5 amended by Ord. 222-72, App. 8/9/72; redesignated as Sec. 1006.4 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1006.6 redesignated as current Sec. 1006.5; undesignated introductory paragraph and divisions (a) through (d) amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1006.6. STANDARDS FOR REVIEW OF APPLICATIONS.

The HPC, the Department, and, in the case of multiple approvals under Section 1006.1(f), the Planning Commission, and any other decision making body shall be guided by the standards in this Section in their review of applications for Certificates of Appropriateness for proposed work on a landmark site or in a historic district. In appraising the effects and relationships mentioned herein, the decision making body shall in all cases consider the factors of architectural style, design, arrangement, texture, materials, color, and any other pertinent factors.

(a) The proposed work shall be appropriate for and consistent with the effectuation of the purposes of this Article 10. (b) The proposed work shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties for individual landmarks and contributors within historic districts, as well as any applicable guidelines, local interpretations, bulletins, or other policies. Development of local interpretations and guidelines based on the Secretary of the Interior's Standards shall be led by the Planning Department through a public participation process; such local interpretations and guidelines shall be found in conformance with the General Plan and Planning Code by the Planning Commission and shall be adopted by both the HPC and the Planning Commission. If either body fails to act on any such local interpretation or guideline within 180 days of either body's initial hearing where the matter was considered for approval, such failure to act shall constitute approval by that body. In the case of any apparent inconsistency among the requirements of this Section, compliance with the requirements of the designating ordinance shall prevail.

(c) For applications pertaining to landmark sites, the proposed work shall preserve, enhance or restore, and shall not damage or destroy, the exterior architectural features of the landmark and, where specified in the designating ordinance pursuant to Section 1004(c), its major interior architectural features. The proposed work shall not adversely affect the special character or special historical, architectural or aesthetic interest or value of the landmark and its site, as viewed both in themselves and in their setting, nor of the historic district in applicable cases.

he landmark and, where specified in the designating ordinance pursuant to Section 1004(c), its major interior architectural features. The proposed work shall not adversely affect the special character or special historical, architectural or aesthetic interest or value of the landmark and its site, as viewed both in themselves and in their setting, nor of the historic district in applicable cases.

(d) For applications pertaining to property in historic districts, other than on a designated landmark site, any new construction, addition or exterior change shall be compatible with the character of the historic district as described in the designating ordinance; and, in any exterior change, reasonable efforts shall be made to preserve, enhance or restore, and not to damage or destroy, the exterior architectural features of the subject property which are compatible with the character of the historic district. Notwithstanding the foregoing, for any exterior change where the subject property is not already compatible with the character of the historic district, reasonable efforts shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility. Where the required compatibility exists, the application for a Certificate of Appropriateness shall be approved.

(e) For applications pertaining to all property in historic districts, the proposed work shall also conform to such further standards as may be embodied in the ordinance designating the historic district.

(f) For applications pertaining to the addition of murals on a landmark or contributory structure in a historic district, the HPC shall consider only the placement, size and location of the mural, to determine whether the mural covers or obscures significant architectural features of the landmark or contributory structure. For purposes of review under this Article 10, the City shall not consider the content or artistic merit of the mural.

(g) For applications pertaining to property in a historic district in a RH, RM, RTO, NC or UMU district, the HPC, or the Planning Department in the scope of work has been delegated pursuant to Section 1006.2(a), shall exempt such applications from the requirements of Section 1006.6 when compliance would create a significant economic hardship for the applicant, provided that:

(1) The scope of the work does not constitute a demolition pursuant to Section 1005(f);

(2) The Planning Department has determined that the applicant meets the requirement for economic hardship, such that the fees have been fully or partially waived pursuant to Section 1006.1 of this Code;

(3) The Zoning Administrator has determined that in all other aspects the project is in conformance with the requirements of the Planning Code;

(4) The applicant and the Department have demonstrated that the project utilizes materials, construction techniques, and regulations, such as the California Historic Building Code, to best achieve the goal of protecting the integrity of the district, while reducing costs to the applicant; and

(5) The HPC, or the Planning Department if the scope of work has been delegated pursuant to Section 1006.2(a), has confirmed that all requirements listed herein have been met, and has determined pursuant to Section 1006.4 that issuance of a Certificate of Appropriateness that fully or partially waives the requirements of Section 1006.6 will not be detrimental to the integrity of the district.

(h) For applications pertaining to residential projects within historic districts that are receiving a direct financial contribution or funding from local state or federal sources for the purpose of providing a subsidized for-sale housing unit or units to residents earning 120% and below area median income or rental housing unit or units to residents earning 100% and below area median income and where at least 80 percent of the units are so subsidized, the HPC shall exempt such applications from the requirements of Section 1006.6 provided that:

(1) The scope of the work does not constitute a demolition pursuant to Section 1005(f);

(2) The applicant and the Department have demonstrated that the project utilizes materials, construction techniques, and regulations, such as the California Historic Building Code, to best achieve the goal of protecting the integrity of the district;

(3) The applicant has demonstrated that the project has considered all local, state, and federal rehabilitation incentives and taken advantage of those incentives as part of the project, when possible and practical; and

(4) The HPC has confirmed that all requirements listed herein have been met, and has determined, pursuant to Section 1006.4 of this Code, that issuance of a Certificate of Appropriateness that fully or partially waives the requirements of Section 1006.6 will not be detrimental to the integrity of the district and furthers the City's housing goals. (Formerly codified as Sec. 1006.7; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1006.6 added by Ord. 222-72, App. 8/9/72; amended by Ord. 97-96, App. 3/6/96; Ord. 249-96, App. 6/19/96; redesignated as current Sec. 1006.5 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Former Sec. 1006.7 redesignated as current Sec. 1006.6; undesignated introductory paragraph amended; new division (b) added and former divisions (b) through (d) redesignated as divisions (c) through (f) accordingly; division (f) amended; divisions (g) and (h) added; Ord. 94-12, Eff. 6/20/2012.

SEC. 1006.7. APPEALS OF A CERTIFICATE OF APPROPRIATENESS.

(a) Right of Appeal. The HPC's or the Planning Commission's decision on a Certificate of Appropriateness shall be final unless appealed to the Board of Appeals, which may modify the decision by a 4/5 vote; provided however, that if the project requires Board of Supervisors approval or is appealed to the Board of Supervisors as a conditional use authorization, the decision shall not be appealed to the Board of Appeals but rather to the Board of Supervisors, which may modify the decision by a majority vote. Any certificate of Appropriateness so appealed shall not become effective unless and until approved by the Board of Appeals or Board of Supervisors in accordance with this Section. Nothing in this Section shall be construed to authorize the appeal of any decision under Section 1006.5 of this Article 10 to suspend action on an application.

(b) Notice of Appeal. Any appeal under this Section shall be taken by filing written notice of appeal with the Board of Appeals or Clerk of the Board of Supervisors, whichever entity is appropriate under the requirements of subsection (a), within 30 days after the date of action by the HPC or Planning Commission.

(c) Hearing. The Board of Supervisors, the Board of Appeals or the Clerk(s) thereof shall set a time and place for hearing such appeal, which shall be not less than 10 nor more than 30 days after such filing. The Board of Appeals or the Board of Supervisors must decide such appeal within 30 days of the time set for the hearing thereon; provided that, if the full membership of the board hearing the appeal is not present on the last day on which the appeal is set or continued for hearing within said period, the board may postpone the hearing and decision thereon until, but not later than, the full membership of the board is present; provided, further, that the latest date to which said hearing and decision may be so postponed shall be not more than 90 days from the date of filing of the appeal. Failure of the Board of Appeals or the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the decision of the HPC or Planning Commission.

full membership of the board is present; provided, further, that the latest date to which said hearing and decision may be so postponed shall be not more than 90 days from the date of filing of the appeal. Failure of the Board of Appeals or the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the decision of the HPC or Planning Commission.

(d) Decisions Affecting City Hall. The provisions of this Subsection shall govern decisions by the HPC on a Certificate of Appropriateness for alteration work to be done at City Hall, in lieu of any other provision set forth above. Upon the approval or disapproval by the HPC of a Certificate of Appropriateness for alteration of City Hall, the Secretary of the HPC shall transmit to the Clerk of the Board of Supervisors written notification of the HPC's decision. The Clerk shall set a time and place for hearing on the decision, which shall be not less than 10 nor more than 30 days after receipt of such notification. The Board of Supervisors may approve, disapprove, or modify the HPC's decision by majority vote. The Board of Supervisors must take this action within 30 days of the time set for the hearing thereon, provided that, if the full membership of the Board is not present on the last day on which said hearing is set or continued within said period, the Board may postpone said hearing and decision thereon until, but not later than, the full membership of the Board is present; provided further, that the latest date to which said hearing and decision may be so postponed shall be not more than 90 days from the date of the receipt of written notification. Failure of the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the action of the HPC.

(Formerly codified as Sec. 1006.8; redesignated and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1006.7 amended by Ord. 41-73, App. 2/1/73; Ord. 249-96, App. 6/19/96; Ord. 82-07, File No. 070021, App. 4/20/2007; redesignated as current Sec. 1006.6 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1006.8 redesignated as current Sec. 1006.7; section header and divisions (a), (b), and (c) amended; former division (d) deleted and former division (e) redesignated as division (d) and amended; Ord. 94-12, Eff. 6/20/2012. SEC. 1006.8. RESERVED.

(Amended by Ord. 222-72, App. 8/9/72; Ord. 163-87, App. 5/14/87; redesignated as current Sec. 1006.7 and amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1007. UNSAFE OR DANGEROUS CONDITIONS.

None of the provisions of this Article 10 shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety, and where the proposed measures have been declared necessary by such official to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by Act of God or by the public enemy, to such an extent that in the opinion of the aforesaid officials it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Section amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1008. COMPLIANCE WITH MAINTENANCE REQUIREMENTS.

The owner, lessee or other person in actual charge of a landmark, or of a structure in a historic district, shall comply with all applicable codes, laws and regulations governing the maintenance of the property. It is the intent of this Section to preserve from deliberate or inadvertent neglect the exterior portions of such landmark or structure, the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. Failure to comply with this Section shall be subject to enforcement and penalties pursuant to Section 1013 below.

(Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1009. ADVICE AND GUIDANCE TO PROPERTY OWNERS.

The HPC may, upon request of the property owner, render advice and guidance with respect to any proposed work for which a Certificate of Appropriateness is not required on a designated landmark site or in a designated historic district. In rendering such advice and guidance, the HPC shall be guided by the purposes and standards in this Article 10. This Section shall not be construed to impose any regulations or controls upon any property. (Amended by Ord. 222-72, App. 8/9/72; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1010. PROPERTY OWNED BY PUBLIC AGENCIES.

(a) The Department shall take appropriate steps to notify all public agencies that own or may acquire property in the City about the existence and character of designated landmarks and historic districts; if possible, the Department shall cause a current record of such landmarks and historic districts to be maintained in each such public agency. In the case of any publicly owned property on a landmark site or in a historic district which is not subject to the permit review procedures of the City, the agency owning the said property shall seek the advice of the HPC prior to approval or authorization of any construction, alteration or demolition thereon; and the HPC in consultation with the Art Commission in appropriate cases, shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this Article 10. In the case of any publicly owned property on a landmark site or in a historic district that is subject to the permit review procedures of the City under any other law or under the Charter, the agency owning the property shall be subject to the provisions of this Article 10, and if the project involves construction, alteration or demolition on a landmark

site or in a historic district a Certificate of Appropriateness shall be required subject to the procedures set forth in this Article 10.

(b) All officers, boards, commissions and departments of the City shall cooperate with the HPC in carrying out the spirit and intent of this Article 10.

(c) Nothing in this Article 10 shall be construed to impose any regulations or controls upon designated landmarks owned or controlled by the Golden Gate Bridge Highway and Transportation District.

(Added by Ord. 27-67, App. 1/26/67; amended by Ord. 244-98, App. 7/31/98; Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY Divisions (a) and (b) amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1011. RECOGNITION OF STRUCTURES OF MERIT.

(a) The HPC may approve a list of structures of historical, architectural or aesthetic merit that have not been designated as landmarks and are not situated in designated historic districts. This list may be added to from time to time. The purpose of this list shall be to recognize and encourage the protection, enhancement, perpetuation and use of such structures. The HPC shall maintain a record of historic structures in the City that have been officially designated by agencies of the State or federal government, and shall cause such structures to be added to the aforesaid list.

(b) Nothing in this Article 10 shall be construed to impose any regulations or controls upon such structures of merit included on such a list and neither designated as landmarks nor situated in historic districts.

(c) The HPC may authorize such steps as it deems desirable to recognize the merit of, and to encourage the protection, enhancement, perpetuation and use of any such listed structure, or of any designated landmark or any structure in a designated historic district, including but not limited to the issuance of a certificate of recognition and the authorization of a plaque to be affixed to the exterior of the structure; and the HPC shall cooperate with appropriate State and federal agencies in such efforts.

(d) The HPC may make recommendations to the Board of Supervisors and to any other body or agency responsible, to encourage giving names pertaining to San Francisco history to streets, squares, walks, plazas and other public places. (Added by Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Divisions (a), (c), and (d) amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1012. REFERRAL OF CERTAIN MATTERS.

Prior to passage by the Board of Supervisors, the following matters shall be submitted to the HPC for its written report regarding effects upon historic or cultural resources: ordinances and resolutions concerning historic preservation issues and historic resources; redevelopment project plans; and waterfront land use and project plans.

(a) Time Period for Review. The HPC shall submit any written report to the Board of Supervisors within 90 days of the date of referral. Failure of the HPC to act within the prescribed time shall be deemed to constitute a recommendation of disapproval, except that the Board of Supervisors may, by resolution, extend the prescribed time within which the HPC is to render its report.

(b) Report to Planning Commission. If the Planning Commission is required to take action on the matter, the HPC shall submit any report to the Planning Commission as well as to the Board of Supervisors.

(c) Referral Back of Proposed Amendments to the Municipal Code. In acting upon any proposed amendment to the Municipal Code concerning historic preservation issues and historic resources, the Board of Supervisors may modify said amendment but shall not take final action upon any material modification that has not been referred to the HPC for its written report. Should the Board of Supervisors adopt a motion proposing to modify the amendment while it is before the Board, the amendment and the motion proposing modification shall be referred back to the HPC for its written report. In

all such cases of referral back, the amendment and the proposed modification shall be heard by the HPC according to the requirement for a new proposal.

(Added by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1013. ENFORCEMENT AND PENALTIES.

Enforcement and Penalties shall be as provided in Sections 176 and 176.1 of this Code. (Added Ord. 27-67, App. 1/26/67; amended by Ord. 57-08, File No. 071651, App. 4/10/2008; reenacted by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1014. APPLICABILITY.

(a) No application for a permit to construct, alter or demolish any structure or other feature on a proposed landmark site or in a proposed historic district, filed subsequent to the day that a resolution adopted to initiate designation or a resolution adopted to confirm initiation of designation of the proposed landmark site or historic district, shall be approved by the Department while proceedings are pending on such designation for 180 days after a resolution is passed initiating designation or confirming nomination of designation.

The HPC or the Board of Supervisors may approve by resolution a one-time extension of up to 90 days of the above time period. The Board of Supervisors may approve by resolution one further extension of up to 90 days. If final action on such designation has not been completed before the end of the relevant time period, the permit application may be approved.

Notwithstanding the above, the Department may approve a permit to construct, alter or demolish a structure or other feature on a proposed landmark site or in a proposed historic district while proceedings are pending on a proposed designation if the property owner or authorized agent of the property owner applies for and is granted approval of a Certificate of Appropriateness for such work pursuant to the requirements of this Article 10.

(b) The provisions of this Article 10 shall be inapplicable to the construction, alteration or demolition of any structure or other feature on a landmark site or in a historic district, where a permit for the performance of such work was issued prior to the effective date of the designation of the said landmark site or historic district, and where such permit has not expired or been cancelled or revoked, provided that construction is started and diligently prosecuted to completion in accordance with the Building Code.

(Added Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Division (a) amended; Ord. 94-12, Eff. 6/20/2012.

SEC. 1015. SEVERABILITY.

If any Section, Subsection, Subdivision, Paragraph, sentence, clause or phrase of this Article 10 or any part thereof, is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Article 10 or any part thereof. The Board of Supervisors hereby declares that it would have passed each Section,

Subsection, Subdivision, Paragraph, sentence, clause or phrase thereof, and any amendments thereto, irrespective of the fact that any one or more Sections, Subsections, Subdivisions, Paragraphs, sentences, clauses or phrases be declared unconstitutional.

(Added Ord. 27-67, App. 1/26/67; amended by Ord. 94-12, File No. 120300, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section amended; Ord. 94-12, Eff. 6/20/2012.

APPENDICES TO ARTICLE 10

Appendix A List of Designated Landmarks. Appendix B Jackson Square Historic District. Appendix C Webster Street Historic District. Appendix D Northeast Waterfront Historic District. Appendix E Alamo Square Historic District. Appendix F Liberty-Hill Historic District. Appendix G Telegraph Hill Historic District. Appendix H Blackstone Court Historic District. Appendix I South End Historic District. Appendix J Civic Center Historic District. Appendix K Bush Street-Cottage Row Historic District. Appendix L Dogpatch Historic District. Appendix M Market Street Masonry Historic District Appendix N Duboce Park Historic District Appendix O Clyde and Crooks Warehouse District

APPENDIX A TO ARTICLE 10 - LIST OF DESIGNATED LANDMARKS

• A "p" next to an Assessor's Block or Lot Number denotes "portion."

(Amended by Ord. 508-88, App. 11/17/88; Ord. 509-88, App. 11/17/88; Ord. 40-89, App. 2/8/89; Ord. 41-89, App. 2/8/89; Ord. 321-89, App. 9/18/89; Ord. 322-89, App. 9/18/89; Ord. 323-89, App. 9/18/89; Ord. 430-89, App. 11/22/89; Ord. 16490, App. 5/10/90; Ord. 290-90, App. 8/1/90; Res. 670-93, App. 8/27/93; Ord. 387-90, App. 12/6/90; Ord. 266-91, App. 6/26/91; Ord. 356-91, App. 10/2/91; Ord. 368-92, App. 12/23/92; Ord. 312-93, App. 10/15/93; Ord. 403-93, App. 12/23/93; Ord. 404-93, App. 12/23/93; Ord. 17-95, App. 1/20/95; Ord. 37-96, App. 2/2/96; Ord. 38-96, App. 2/2/96; Ord. 39-96, App. 2/2/96; Ord. 40-96, App. 2/2/96; Ord. 158-96, App. 4/24/96; Ord. 195-96, App. 5/22/96; Ord. 379-96, App. 10/3/96; Ord. 96-98, App. 3/20/98; Ord. 97-98, App. 3/20/98; Ord. 302-98, App. 10/9/98; Ord. 81-99, File No. 990430, App. 4/16/99; Ord. 124-99, File No. 990660, App. 5/2199; Ord. 125-99, File No. 990661, App. 5/21/99; Ord. 293-99, File No. 991873, App. 11/12/99; Ord. 328-99, File No. 991872, App. 12/23/99; Ord. 332-99, File No. 992041, App. 12/23/99; Ord. 120-00, File No. 000528, App. 6/2/2000; Ord. 121-00, File No. 000529, App. 6/2/2000; Ord. 122-00, File No. 000530, App. 6/2/2000; Ord. 214-00, File No. 001260, App. 9/8/2000; Ord. 167-01, File No. 011101, App. 7/27/2001; Ord. 60-02, File No. 020196, App. 5/2/2002; Ord. 79-02, File No. 012132, App. 5/24/2002; Ord. 177-02, File No. 021069, App. 8/23/2002; Ord. 22-03, File No. 021687, App. 2/21/2003; Ord. 53-03, File No. 030097, App. 4/3/2003; Ord. 92-03, File No. 020295, App. 5/23/2003; Ord. 10-04, File No. 031832, App. 1/16/2004; Ord. 87-04, File No. 040443, App. 5/27/2004; Ord. 92-04, File No. 040315, App. 5/27/2004; Ord. 106-04, File No. 040442, App. 6/10/2004; Ord. 107-04, File No. 040450, App. 6/10/2004; Ord. 216-04, File No. 040859, App. 8/25/2004; Ord. 222-04, File No. 040976, App. 8/25/2004; Ord. 238-04, File No. 041090, App. 9/30/2004; Ord. 238-04, File No. 041090, App. 9/30/2004; Ord. 54-06, File No. 050298, App. 3/31/2006; see table for subsequent history)

Editor's Note:

Beginning with Landmark No. 247, the table shows the legislative history of each landmark. The history note above pertains to landmarks included in the table prior to the designation of Landmark 247. The legislative histories of amendments made after 2006 to existing landmarks are noted in the table.

APPENDIX B TO ARTICLE 10 - JACKSON SQUARE HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors finds that the area known and described in this ordinance as Jackson Square contains a number of structures having a special character and special historical, architectural and aesthetic interest and value and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as a Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the City Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is required in order to prevent the needless destruction and impairment of Jackson Square.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the City Planning Code, to promote the health, safety and general welfare of the public through:

(a) The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important in local, State or national history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived;

(b) The development and maintenance of appropriate settings and environment for such structures, and in such sites and areas;

(c) The enhancement of property values, the stabilization of neighborhoods and areas of the City, the increase of economic and financial benefits to the City and its inhabitants, and the promotion of tourist trade and interest;

(d) The preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its history: Cultural, social, economic, political and architectural; and

(e) The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs, by fostering knowledge of the living heritage of the past.

In addition, this ordinance is intended to maintain the scale and basic character of Jackson Square, through:

(a) Protection and preservation of the basic characteristics and salient architectural details of structures insofar as these characteristics and details are compatible with the Historic District;

(b) Affording the widest possible scope for continuing vitality through private renewal and architectural creativity, within appropriate controls and standards. It is intended to foster a climate in which Jackson Square may continue to exist as a living, changing commercial area and not a static museum;

(c) Encouragement of the development of vacant and incompatibly developed properties in accordance with the character of the area;

(d) Encouragement of maximum use by and convenience to pedestrians. (Added Ord. 221-72, App. 8/9/72)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the City Planning Code, Chapter II, Part II of the San Francisco Municipal Code, Jackson Square is hereby designated as a Historic District, this designation having been duly approved by resolution of the City Planning Commission.

(Added Ord. 221-72, App. 8/9/72)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Jackson Square Historic District shall be as designated on the Jackson Square Historic District Map, the original of which is on file with the Clerk of the board of Supervisors under File No. 276-72, which Map is hereby incorporated herein as though fully set forth. (Added Ord. 221-72, App. 8/9/72)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 10 of the City Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any City Planning Code provisions applicable to property in Jackson Square, including but not limited to existing and future regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, off-street parking and signs.

(Added Ord. 221-72, App. 8/9/72)

SEC. 5. JUSTIFICATION.

The characteristics of the said Historic District justifying its designation are as follows:

(a) History of the Area. The Historic District contains virtually the sole surviving commercial buildings from the 1850's and 1860's. In effect this area, in close proximity to Portsmouth Plaza where the major segment of the modern City began, was the central business district of these early times. Its waterfront location led to its use for mercantile and financial purposes, consulates and offices; and many distinguished men had businesses or property in the area, including General William Tecumseh Sherman, Colonel Jonathan Stevenson, James King of William, Mayors Charles Brenham and Ephraim Burr, Domingo Ghirardelli and Anson Hotaling, Paxon Dean Atherton, William Lent, Alexander Grogan and James de Fremery. The original waterline came to about Montgomery and Jackson Streets and the present district is partly on filled ground, some of the fill consisting of the hulls of ships abandoned in the rush to the gold fields.

More than any other existing part of San Francisco, this area recalls the Gold and Silver era and the days of the Vigilante movement.

The Barbary Coast, north of the original commercial area, had a somewhat different but noteworthy history. Although the present buildings do not date from the 19th century, many of them were rebuilt immediately after the 1906 Earthquake and Fire and embody the spirit and appearance of the earlier City. In fact, this area to the south of Telegraph Hill had an international reputation from the 1850's on.

rbary Coast, north of the original commercial area, had a somewhat different but noteworthy history. Although the present buildings do not date from the 19th century, many of them were rebuilt immediately after the 1906 Earthquake and Fire and embody the spirit and appearance of the earlier City. In fact, this area to the south of Telegraph Hill had an international reputation from the 1850's on.

(b) Basic Nature of the Area. The Historic District includes historically and architecturally significant buildings ranging from the 1850's to the early years of the present century. The vast majority of buildings are under 40 feet in height. The area is large enough to be viable, but yet is compact. It is predominantly oriented to the pedestrian rather than the automobile. There is a healthy and vital mixture of activities. Interior streets are narrow and there are no major through arteries. Streetscapes are an important part of the District's character.

(c) Architectural Character. There are common architectural features tying the area together and providing visual distinction and pleasure. These common elements, used throughout the District in varying patterns and emphases, pertain to overall form and continuity, scale and proportion, fenestration, materials, color, texture, detail and decorative features. A high quality of architecture of buildings and their features is well-distributed throughout the Historic District. Visual distinction is due in many cases to the original construction, often carefully restored, but in some cases it is due to thoughtful remodeling that captures the historic character of the District.

(d) Uniqueness and Location. Jackson Square includes the City's only surviving early commercial area. Its distinct quality is further enhanced by a downtown location, affording an impressive contrast with the adjacent office core.

(e) Visual and Functional Unity. The Historic District, within the selected boundaries, has an identifiable scale and common architectural features. Narrow interior streets, street trees, quiet alleys, pedestrian orientation and intimacy of view in most of the District also contribute to its visual unity, as does the contrast with surrounding areas. In terms of function, there has been a coalescence of commercial development, uses and exterior building treatment.

(f) Dynamic Continuity. Jackson Square is a continually evolving commercial area, not a static museum. The area has proven its capacity for incremental adaptation to new uses.

(g) Benefits to the City and its Residents. Economically, the area houses specialized enterprises which demand a unique, prestige location; and it is a vital part of the fabric of the historical City that attracts tourists and is actively promoted by the City for this very purpose. Culturally, it provides a strong historical and educational resource.

Aesthetically, its architectural and visual appeal are immediate, while its value in terms of urban design within the City pattern as a whole is equally important.

(Added Ord. 221-72, App. 8/9/72)

SEC. 6. FEATURES.

The exterior architectural features of the said Historic District that should be preserved are described and depicted in the Jackson Square Report dated June 1971, including the Facade Elevations and Descriptions therein, and the photographs, case reports and other material on file in the Department of City Planning in Docket No. LM72.1 (HD); the summary description being as follows:

Overall Form and Continuity.On interior streets, building height is generally well-related to street width. Buildings are typically two or three stories high at the street.

Facades are continuous at the property line.

Scale and Proportion.Ground floors are frequently high, some as much as 20 feet from street level, often with cornice separating them from upper floors, providing continuity along the street frontage. There is a regularity of overall form and proportion. On the ground floor this typically takes the form of bays closely spaced, 10 to 12 feet apart on center, with deep-set openings and inset entrances.

Ground-floor treatment is definitely open in nature, with openings separated by narrow stripings or pillars of brick or cast iron. The open emphasis orients the ground floors toward the pedestrian, with attractive show windows. Fenestration.Glazing is deeply recessed, producing a strong interplay between light and shade. Protruding window frames are common.

Windows are narrow and vertical in emphasis, rhythmically spaced, and match the bay spacing below and the shape and proportion of windows in nearby buildings. Door openings are frequently narrow and high.

At the upper floors, the proportion of windows to solid wall is typically less than 50 percent.

Materials.Standard brick masonry is pre-dominant, at times exposed and at times painted, with thick bearing walls. Some buildings are stuccoed over the brick and some are concrete. The sides of buildings are frequently of brick and form a significant part of the view from the street where they are higher than adjacent buildings. Cast iron is often used in details and decorative features, notably in pilasters. Iron shutters are also found.

Color.Red brick is typical. Earth tones pre-dominate, with painted brick, where it occurs, typically in muted but not timid tones. Reds, browns, yellows, greens, grays and blues are found.

Texture.Typical facing materials give a rough, textured appearance.

Overall texture of the facades is fine-grained.

Detail.Arches are common at ground floor, and frequently upper floors.

Upper terminal cornices as well as lower cornices are typical, often heavy and projecting. Classical features predominate, including pediments, columns or pilasters, and parapets.

Frequent exposed anchor plates are visible, holding in place the tie rods used to prevent the bearing walls from bulging. Decorative Features.Characteristic signs and awnings are modest in size, restrained in design, do not obscure building features, and are integrated into the facade. Sign lettering is generally tasteful.

There are many attractive and appropriate light fixtures.

Well-designed planter boxes provide welcome touches of greenery. (Added Ord. 221-72, App. 8/9/72)

SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS.

The procedures, requirements, controls and standards in Sections 1006 through 1006.8 of Article 10 of the City Planning Code shall apply to all applications for Certificates of Appropriateness in the Jackson Square Historic District. In addition, the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10, those procedures, requirements, controls and standards affording stricter protection to landmarks, landmark sites and the Historic District shall prevail.

(a) Character of the Historic District. The standards for review of all applications for Certificates of Appropriateness are as set forth in Section 1006.7 of Article 10. For the purposes of review pursuant to said standards, the "character of the Historic District" shall mean the exterior architectural features of the Jackson Square Historic District referred to and described in Section 6 of this ordinance.

(b) Additional Standards for Certain Features. Facade line continuity is desirable. Therefore, setbacks and arcades, not generally being features of Jackson Square, should be carefully considered, but interior courts and interior pedestrian areas offer great potential.

(c) Exterior Changes Requiring Approval. Regardless of whether or not a City permit is required, all exterior changes within the Jackson Square Historic District, visible from a public street or other public place, shall require approval pursuant to the provisions of Article 10 of the City Planning Code. Such exterior changes shall include, but shall not be limited to, painting and repainting; landscaping; fencing; and installation of lighting fixtures and other building appendages.

(d) Demolition of Non-Landmarks. The provisions of this Subsection (d) shall apply to any proposed removal or demolition of a structure in the Jackson Square Historic District, other than on a designated landmark site. Notwithstanding any other provision of this Section, the Planning Commission shall not suspend action on an application for a Certificate of Appropriateness for any such proposed removal or demolition for a period in excess of the period specified in this Subsection, and the Board of Supervisors shall not extend any such period of suspension.

(1) The property owner or his authorized agent may at any time submit a written request to the Department for a finding of incompatibility with respect to a structure in the Historic District, other than on a designated landmark site. If the Department, with the advice of the Advisory Board, finds that the structure is clearly incompatible with the character of the Historic District as described in this ordinance, the Department shall so indicate by letter to the owner or his agent. Said finding, unless subsequently revoked by the Department (by letter to the owner or his agent, prior to submission of a permit application for removal or demolition), shall be conclusively deemed to constitute a Certificate of Appropriateness for removal or demolition of the structure.

istrict as described in this ordinance, the Department shall so indicate by letter to the owner or his agent. Said finding, unless subsequently revoked by the Department (by letter to the owner or his agent, prior to submission of a permit application for removal or demolition), shall be conclusively deemed to constitute a Certificate of Appropriateness for removal or demolition of the structure.

(2) Except where such finding of incompatibility has been made by the Department and has not been so revoked, any application for a Certificate of Appropriateness for removal or demolition of a structure in the Historic District, other than on a designated landmark site, shall be the subject of a public hearing before the City Planning Commission, as provided in Section 1006.2 of Article 10. After holding a public hearing in accordance with the provisions of Article 10, the Planning Commission shall determine whether or not the existing structure is incompatible with the character of the Historic District as described in this ordinance. If the Commission, in its sole and final discretion, determines that the structure is substantially compatible with the District, the Commission may request the applicant to submit a facade remodeling feasibility study and information regarding any new structure or other development proposed for the site, but the applicant shall not be required to submit any such material. The Commission shall then approve the application, or suspend action of the proposed removal or demolition for a period not to exceed 180 days, giving consideration to any such additional material that may have been submitted as well as to the standards in Section 1006.7 of Article 10.

(3) Where action on a proposed removal or demolition has been suspended by the Planning Commission pursuant to this Subsection (d) and the Commission determines, at any time during the period of suspension, that there is no reasonable chance of preserving the structure, the Commission shall immediately terminate the suspension and the suspension period shall expire.

(4) Where action on a proposed removal or demolition has been suspended by the Planning Commission pursuant to this Subsection (d), and an application for a Certificate of Appropriateness for construction or alteration on the site has also been filed, the said suspension of action shall not constitute grounds for postponement or continuation of the public hearing or decision on the proposed construction or alteration.

(5) If the Planning Commission has determined that the existing structure is incompatible, or after the expiration of any suspension period imposed by the Commission, the Department shall issue to the applicant a Certificate of Appropriateness for removal or demolition.

(Added Ord. 221-72, App. 8/9/72)

APPENDIX C TO ARTICLE 10 - WEBSTER STREET HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the "Webster Street Historic District" contains a number of structures having a special character and special historical, architectural and aesthetic interest and value and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as an Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the City Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the City Planning Code, to promote the health, safety and general welfare of the public. (Added Ord. 166-81, App. 4/8/81)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the City Planning Code, Chapter II, Part II of the San Francisco Municipal Code, Webster Street Historic District is hereby designated as an Historic District, this designation having been duly approved by resolution of the City Planning Commission.

(Added Ord. 166-81, App. 4/8/81)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Webster Street Historic District shall be as designated on the Webster Street Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors under File 191-91 which Map is hereby incorporated herein as though fully set forth. (Added Ord. 166-81, App. 4/8/81)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 10 of the City Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof, and subject to any amendments thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any City Planning Code provisions applicable to property in the Webster Street Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, off-street parking and signs. (Added Ord. 166-81, App. 4/8/81)

SEC. 5. JUSTIFICATION.

The characteristics of the said Historic District justifying its designation are described in Resolution No. 8810 of the City Planning Commission, which is hereby incorporated herein and made a part hereof as though fully set forth. (Added Ord. 166-81, App. 4/8/81)

SEC. 6. FEATURES.

The exterior architectural features of the said Historic District that should be preserved are described and depicted in the said Resolution of the City Planning Commission incorporated herein and made a part hereof as though fully set forth. (Added Ord. 166-81, App. 4/8/81)

SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS.

The procedures, requirements, controls and standards in Sections 1006 through 1006.8 of Article 10 of the City Planning Code shall apply to all applications for Certificates of Appropriateness in the Webster Street Historic District. In addition, the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10, those procedures, requirements, controls and standards affording stricter protection to the Historic District shall prevail.

Changes.New or replacement exterior work which would be visible from a public street, shall preserve, enhance or restore, and not damage or destroy, the District's character. It should be compatible with or increase compatibility with the character and exterior features of the District's buildings. For consideration of entirely new construction, the most important features of the District are height, setback, dominant cornice line, and verticality as described in the photographs and the architectural section of the case report.

Fire Damage and Other Acts of God.Repair of exterior damage caused by fire or other Acts of God visible from a public street shall be subject to the requirement for a Certificate of Appropriateness.

Demolition.Demolition shall be controlled to the maximum allowed in Article 10 of the Planning Code or any revisions thereof. Except in clearly hazardous conditions, demolition shall not be permitted until a permit for the replacement structure has been approved. Any replacement shall conform with the general profile of the District.

Incompatible Features.Nothing in this legislation shall be construed to be a requirement that owners remove, replace or change any incompatible feature listed in the Data for Individual Structures, or any other decorations, features, alterations or remodelings which exist at the time the legislation is passed. However, whenever such features are replaced, the new work should enhance the District's profile.

Signs.Any new or replacement signs shall be subject to the requirement for a Certificate of Appropriateness. Generally, signs shall not: contain general advertising, exceed six square feet in area per building, extend beyond the building envelope, be placed above the main story, or be illuminated; the design and material of the sign should reinforce the architectural character of the building.

(Added Ord. 166-81, App. 4/8/81)

SEC. 8. PAINT COLOR.

Nothing in the legislation shall be construed as authorization to regulate paint colors used within the District. (Added Ord. 166-81, App. 4/8/81)

APPENDIX D TO ARTICLE 10 - NORTHEAST WATERFRONT HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Northeast Waterfront has a special character and special historical, architectural and aesthetic interest and value and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of this area as an Historic District will further and conform to the purposes and standards of Article 10 of the City Planning Code, and that preservation on an area basis, rather than on the basis of individual structures alone, is required in order to preserve the character of the Northeast Waterfront District.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 101 of the City Planning Code through:

(a) The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important in local, State or national history, or which provide significant examples of architectural

styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived;

• (b) The development and maintenance of appropriate settings and environment for such structures;

• (c) The enhancement of property values, the stabilization of areas of the City, the increase of economic and financial benefits for the City and its inhabitants, and the promotion of tourist trade;

• (d) The preservation and encouragement of a city of varied architectural styles, reflecting the distinct phases of its architectural, cultural, economic, political and social history;

(e) The enrichment of human life in its educational and cultural dimensions; to serve spiritual and material needs by fostering knowledge of the past.

In addition, this ordinance is intended to maintain the scale and basic character of the Northeast Waterfront Historic District, through:

(a) Preservation of the basic characteristics and salient architectural details of structures within the Historic District;

(b) Affording the widest possible scope for continuing vitality through private renewal and architectural creativity, within appropriate controls and standards;

(c) Encouragement of the development of vacant and incompatibly developed properties in accordance with the character of the area.

(Added Ord. 171-83, App. 4/8/83)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the City Planning Code, Chapter II, Part II of the San Francisco Municipal Code, the Northeast Waterfront is hereby designated as an Historic District, this designation having been duly approved by Resolution No. 9517 of the City Planning Commission.

(Added Ord. 171-83, App. 4/8/83)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Northeast Waterfront Historic District shall be as designated on the Northeast Waterfront Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 90-82-15, which map is hereby incorporated as though fully set forth. (Added Ord. 171-83, App. 4/8/83)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 10 of the City Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in the ordinance, nothing in this ordinance shall supersede, impair or modify any City Planning Code provisions applicable to property in the Northeast Waterfront Historic District, including but not limited to existing and future regulations controlling uses, height, bulk coverage, floor area ratio, required open space, off-street parking and signs.

(Added Ord. 171-83, App. 4/8/83)

SEC. 5. STATEMENT OF SIGNIFICANCE.

(a) History of the Area. The Northeast Waterfront District contains commercial warehouse buildings from nearly every decade of San Francisco's history. The area reflects the waterfront storage and maritime activities which, until recently, were an important aspect of San Francisco business history. These buildings range in age from the early clipper ship warehouses of Scotsman Daniel Gibb in the 1850's to the properties owned by the General Engineering and Drydock Co., a company crucial to the shipbuilding effort that made San Francisco Bay the major Pacific maritime support facility during World War II.

The original shoreline of Yerba Buena swept in a curve from Montgomery Street to roughly Jackson Street and on to the deeper waters slightly east of Battery. This point was known as Punta del Embarcadero. The cove itself fronting on the settlement was shallow and could be navigated only by small craft of shallow draft. The historic district boundary begins at what was the site of the first deep water landing in San Francisco at Clark's Point. The first vessel to moor at a wharf tied up at this site and discharged cargo in 1848. The first Pacific Mail steamer to arrive in San Francisco disembarked passengers in this area in 1848 and the unique clipper ships built expressly for San Francisco's Gold Rush trade docked in this area in large numbers.

ins at what was the site of the first deep water landing in San Francisco at Clark's Point. The first vessel to moor at a wharf tied up at this site and discharged cargo in 1848. The first Pacific Mail steamer to arrive in San Francisco disembarked passengers in this area in 1848 and the unique clipper ships built expressly for San Francisco's Gold Rush trade docked in this area in large numbers.

During the Gold Rush era, the boundaries of the area were extended eastward by landfill into the Bay in order to create new warehousing space. Large sections of Telegraph Hill were excavated for the fill. In the late 1880's a sea wall was built which settled the eastern boundaries of the area. The clipper ships of the Gold Rush era and paddlewheel steamers of the delta and river trade docked alongside its wharves discharging a multitude of cargo, much of which passed through local warehouses. In the 1880's and 1890's large numbers of iron-hulled square riggers were involved in hauling grain From California's Central Valley to European markets. The new transcontinental trains were loaded on barges from the other side of the Bay and were docked and discharged in this area. A number of ships are presumed to have been buried beneath the fill used to extend the district. A ship buried in 1851 as an extension of Frederick Griffing's wharf was recently unearthed during the excavation for Levi's Plaza on the northern boundary of the district.

Many distinguished San Francisco names and firms have been associated with the warehouses in the area: William T. Coleman head of the Vigilante Committee; George Howes, operator of clipper ships; Daniel Gibb, builder of the earliest warehouses in the area which were bought in 1861 by John Sanborn; Charles Minturn, steamboat tycoon; Isaac Friedman, the "Wheat King"; and Samuel Haslett, founder of a leading warehouse firm in the Bay Area. Pioneer firms such as American Bisquit Co., Cowell's Lime and Cement Co., W.P. Fuller Co., the Petri Italian-American Cigar Co., and the California Fruit Packing Co., have major extant structures in the area. After 1906 firms such as Bemis Bag Co., National Ice and Cold Storage, Cudahy Meat Packing, Armour and Co., Ciocca-Lombardi Wine Co., and the Italian-American Canning Co. located in the area. In the 1920's and 1930's the Sunset Press, Security Lithograph, and various typography and lithography operations were set up in the district, reflecting the increasing importance of this industry in San Francisco's economic development. In 1940 General Engineering and Drydock marshalled a number of buildings for ship repair and maintenance during World War II.

These warehouse facilities have been in continuous industrial use from the Gold Rush to the mid 1960's. Since that decade showrooms, office and retail uses have been integrated into renovated warehouse structures.

The area is architecturally significant as a representation of warehouse and industrial buildings from the brick structures of the Gold Rush era to the reinforced concrete buildings introduced after the turn of the century. Some of the present buildings date from well before the turn of the century, though they were rebuilt after the 1906 fire. Since warehouse architecture did not undergo profound stylistic changes until the introduction of reinforced concrete, the preand post-fire brick warehouses embody the original appearance and spirit of the early warehouse district. Of particular note is the block bounded by Front, Battery, Union, and Green streets, the most cohesive extant brick warehouse complex from this era in the City. In addition, cobblestone paving and the standard and narrow gauge belt line railroad track which served the district are visible at the foot of Commerce Street. The area clearly serves as a visual reminder of San Francisco's earlier maritime-warehousing commerce.

(b) Basic Nature of the Area. The Historic District includes historically and architecturally significant buildings dating from the 1850's to the present century. The buildings vary in height from approximately six stories closest to the base of

Telegraph Hill to a maximum of four stories at The Embarcadero and the Bay. The area was pre-dominantly oriented toward shipping, drayage and warehousing, and is now being converted to low rise office space. The addition of Levi's Plaza on the northern boundary offers a modern structure compatible with the district.

(c) Architectural Character. Common architectural features tie the area together and provide visual distinction. Two major building materials were used in the area; brick since the Gold Rush era and reinforced concrete after the 1906 fire. Common architectural elements are repeated throughout the District. Of particular note are the large bulk and minimal fenestration of the earlier warehouse structures. Other common features are scale and proportion, materials, color, texture, and the minimal use of decorative elements. Visual distinction is due in some cases to the original construction plus the carefully designed addition of upper stories as evidenced in the original two-story Cudahy Meat Packing building by Henry Gielfus (1907) with a two-story addition by Ward and Blohme (1918).

(d) Uniqueness and Location. The unique quality of the Northeast Waterfront Historic District stems from the fact that so many buildings from approximately 14 decades of San Francisco history are clustered within this nine-block area. Its distinct character is contrasted by Gateway Commons on the south and Levi's Plaza on the north. The district is close to the downtown high-rise core and the Jackson Square Historic District.

he unique quality of the Northeast Waterfront Historic District stems from the fact that so many buildings from approximately 14 decades of San Francisco history are clustered within this nine-block area. Its distinct character is contrasted by Gateway Commons on the south and Levi's Plaza on the north. The district is close to the downtown high-rise core and the Jackson Square Historic District.

(e) Visual and Functional Unity. The Historic District has an identifiable character and common architectural features. The primary unifying factors are scale and the texture of the buildings, as well as materials. In terms of function, there has been a continuous transition from the clipper ship services of the 1850's through the warehousing and shipping services of the early twentieth century, to the gradual transformation of warehouses into premium office space within walking distance of the downtown.

(f) Dynamic Continuity. The Northeast Waterfront District is an evolving commercial area. The area has proven its capacity for incremental adaption to new uses. Designation as an historic district is intended to complement the economic viability of the area.

(g) Benefits to the City and its Residents. Economically, the area in the past has housed specialized enterprises and is currently evolving into a satellite office district of the downtown core. Culturally, it provides a strong historical and educational resource and link with the past. Aesthetically, its architecture and visual appeal are immediate, while its value in terms of urban design within the City pattern as a whole is equally important. (Added Ord. 171-83, App. 4/8/83)

SEC. 6. FEATURES.

(a) Overall Form and Continuity. Building height is generally within a six-story range, with the higher structures closer to the base of Telegraph Hill and lower buildings near the water. Many of the oldest structures are one or two stories in height.

(b) Scale and Proportion. The buildings are of typical warehouse design, large in bulk, often with large arches and openings originally designed for easy vehicular access. There is a regularity of overall form. The earlier brick structures blend easily with the scaled-down Beaux Arts forms of the turn of the century and the plain reinforced-concrete structures characteristic of twentieth century industrial architecture.

(c) Fenestration. Minimal glazing is deeply recessed, producing a strong shadow line. The earliest structures have few windows expressing their warehouse function. They are varied in size, rhythmically spaced, and relate in shape and proportion to those in nearby buildings. Larger industrial sash windows began to be incorporated in structures built from the 1920's and onward. Door openings are often massive to facilitate easy access of bulk materials.

(d) Materials. Standard brick masonry is predominant for the oldest buildings in the District, with reinforced concrete introduced after the 1906 fire. Some of the brick facades have been stuccoed over. One of the structures still has its metal shutters, which were once typical of the area.

(e) Color. Red brick is typical, with some yellow and painted brick. Muted earth tones predominate in shades of red, brown, green, gray, and blue.

(f) Texture. Typical facing materials give a rough-textured appearance. The overall texture of the facades is roughgrained.

(g) Detail. Arches are common at the ground floor, and are frequently repeated on upper floors. Flattened arches for window treatment are typical. Cornices are simple and generally tend to be abstract versions of the more elaborate cornices found on downtown commercial structures from the nineteenth century. Most of the surfaces of the later buildings are plain and simple, reflecting their function. Some of the earlier brickwork contains suggestions of pilasters, again highly abstracted. Where detail occurs, it is often found surrounding entryways.

(h) Age. All of the buildings in the area were either partially or totally destroyed by the earthquake and fire of 1906. As in the Jackson Square area, many were rebuilt along the lines of the previous design, often using materials salvaged from the construction site.

(Added Ord. 171-83, App. 4/8/83)

SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS.

The procedures, requirements, controls and standards in Sections 1006 through 1006.8 of Article 10 of the City Planning Code shall apply to all applications for Certificates of Appropriateness in the Northeast Waterfront Historic District. In addition the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10, those procedures, requirements, controls and standards affording stricter protection to landmarks, landmark sites and the Historic District shall prevail.

(a) Character of the Historic District. The standards for review of all applications for Certificates of Appropriateness are set forth in Section 1006.7 of Article 10. For purposes of review pursuant to these standards, the character of the historic district shall mean the exterior architectural features of the Northeast Waterfront Historic District described in Section 6 of this ordinance.

(b) Additional Standards for Certain Features.

(1) Facade Line Continuity. Facade line continuity is historically appropriate. Therefore, setbacks and arcades, not generally being features of the Northeast Waterfront Historic District, are not acceptable.

(2) Fenestration and Design Elements for New Construction. In areas with a concentration of older brick buildings, new construction should reflect in design the predominant use of deeply recessed, limited fenestration. In addition, verticality and a high proportion of mass to void should be incorporated. In areas characterized by newer buildings in concrete or stucco with industrial-style fenestration, new construction should reflect those design elements.

areas with a concentration of older brick buildings, new construction should reflect in design the predominant use of deeply recessed, limited fenestration. In addition, verticality and a high proportion of mass to void should be incorporated. In areas characterized by newer buildings in concrete or stucco with industrial-style fenestration, new construction should reflect those design elements.

(3) Roof Treatment. Historically the view from Telegraph Hill over the Northeast Waterfront District has been one of roofs characterized by numerous regularly spaced industrial skylights. In renovation or new construction, these particular design features should be retained or incorporated.

(4) Signs shall be governed by the applicable provisions of Article 6, section 609.14, and this Appendix D. In the event of inconsistency among these provisions, the most restrictive provision shall prevail unless this Code specifically provides otherwise.

(c) Exterior Changes Requiring Approval. Exterior changes within the Northeast Waterfront Historic District shall require a Certificate of Appropriateness pursuant to the provisions of Article 10 when such work requires a city permit. In addition, a Certificate of Appropriateness shall be required for cleaning masonry surfaces with abrasives and/or treatment of such surfaces with waterproofing chemicals. Sandblasting and certain chemical treatments detrimental to older brick will not be approved.

(Added Ord. 171-83, App. 4/8/83; Ord. 59-08, File No. 031034, App. 4/10/2008)

APPENDIX E TO ARTICLE 10 - ALAMO SQUARE HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as Alamo Square Historic District contains a number of structures having a special character and special historical, architectural and aesthetic interest and value and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as an Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the City Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the City Planning Code, to promote the health, safety and general welfare of the public. (Added Ord. 324-84, App. 7/6/84)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the City Planning Code, Chapter II, Part II of the San Francisco Municipal Code, the Alamo Square Historic District is hereby designated as an Historic District, this designation having been duly approved by Resolution No. 9954 by the City Planning Commission.

(Added Ord. 324-84, App. 7/6/84)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Alamo Square Historic District shall be as designated on the Alamo Square Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors under File 90-84-9, which Map is hereby incorporated herein as though fully set forth. (Added Ord. 324-84, App. 7/6/84)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 10 of the City Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any City Planning Code provisions applicable to property in the Alamo Square Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

(Added Ord. 324-84, App. 7/6/84)

SEC. 5. STATEMENT OF SIGNIFICANCE.

The Alamo Square Historic District is significant as a continuum of distinguished residential architecture by distinguished architects spanning the period from the 1870's to the 1920's. The towered Westerfield House, the renowned "Postcard Row" with its background of the downtown skyline, and the neighboring streetscapes are as identified worldwide with San Francisco as the cable cars and Coit Tower. With a variety of architectural styles, the District is unified in its residential character, relatively small scale, construction type, materials (principally wood), intense ornamentation (especially at entry and cornice), and use of basements and retaining walls to adjust for hillside sites. Boundaries include the park, its edges, the nearby buildings rated highest on the City's architectural survey, and infill structures for rational planning. Most of the original owner-residents were moderately successful businessmen. A higher than average percentage of the houses were designed by architects, including a virtual cross-section of the City's better

professionals. The District has always housed a varied ethnic group. With a high degree of integrity to its original designs, the District clearly serves as a visual reminder of how businessmen lived two to four generations ago. (Added Ord. 324-84, App. 7/6/84)

SEC. 6. FEATURES.

The exterior architectural features of the said Historic District that should be preserved are described and depicted in the Landmark Preservation Advisory Board's case report with appendix titled "Alamo Square Historic District," adopted January 18, 1984, which is hereby incorporated herein and made a part hereof as though fully set forth. (Added Ord. 324-84, App. 7/6/84)

SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS.

The procedures, requirements, controls and standards in Sections 1005 through 1006.8 of Article 10 or the City Planning Code shall apply to all applications for Certificates of Appropriateness in the Alamo Square Historic District. In addition, the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10, those procedures, requirements, controls and standards affording stricter protection to landmarks, landmark site, or the Historic District shall prevail.

(a) Character of the Historic District. The standards for review of all applications for Certificates of Appropriateness are set forth in Section 1006.7 of Article 10. For purposes of review pursuant to these standards, the character of the historic district shall mean the exterior architectural features of the Alamo Square Historic District described in Section 6 of this ordinance.

(b) Minor Exterior Alterations. A Certificate of Appropriateness shall be required for the following minor exterior changes if visible from a public street: Awnings, copings, retaining walls, fences, balustrades and security grates.

(c) New Construction. New construction on vacant sites shall conform with the general profile of the District, especially as to scale, sculptural qualities of facade and entrance detailing, fenestration patterns and materials as described in Section 6 of this ordinance.

(d) Street and Park Furniture. Any new or replacement street or park furniture shall require a Certificate of Appropriateness.

(e) Masonry, Brickwork and Stonework. A Certificate of Appropriateness shall be required for painting previously unpainted masonry, brick or stone exterior surfaces, for cleaning such surfaces with abrasives and/or treatment of such surfaces with waterproofing chemicals. Sandblasting and certain chemical treatments detrimental to older brick will not be approved.

(Added Ord. 324-84, App. 7/6/84)

SEC. 8. PAINT COLOR.

Nothing in this legislation shall be construed as authorization to regulate paint colors used within the District. (Added Ord. 324-84, App. 7/6/84)

APPENDIX F TO ARTICLE 10 - LIBERTY-HILL HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Liberty-Hill Historic District contains a number of structures having a special character and special historical, architectural and aesthetic

interest and value and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as an Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the City Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1004 of the City Planning Code, to promote the health, safety and general welfare of the public. (Added Ord. 484-85, App. 10/25/85)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the City Planning Code, Chapter II, Part II of the San Francisco Municipal Code, the Liberty-Hill Historic District is hereby designated as an Historic District, this designation having been duly approved by Resolution No. 10266 by the City Planning Commission.

(Added Ord. 484-85, App. 10/25/85)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Liberty-Hill Historic District shall be as designated on the Liberty-Hill Historic District Map, the original of which is on file with the Clerk of the board of Supervisors under File 90-85-2, which Map is hereby incorporated herein as though fully set forth. (Added Ord. 484-85, App. 10/25/85)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 10 of the City Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any City Planning Code provisions applicable to property in the Liberty-Hill Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off street parking and signs.

(Added Ord. 484-85, App. 10/25/85)

SEC. 5. STATEMENT OF SIGNIFICANCE.

The Liberty-Hill Historic District is significant as an intact representation of nineteenth century middle class housing and developmental practices. It is one of the earliest residential "suburbs" to be developed in San Francisco, with major development starting in the 1860s and continuing until the turn of the century. Since the fire following the 1906 earthquake was stopped at the Twentieth Street boundary of the District, the District contains examples of all architectural styles prevalent during the developmental period.

The District's houses range in size from the small "workingman's cottages" on Lexington and San Carlos Streets, with their uniform facades and setbacks, to the individually built houses found, for example, on Liberty and Fair Oaks Streets, with varying architectural facades and setbacks. While there are only a few "grand" houses in the District, a number were designed by architects well known in the Bay Area, including Albert Pissis, the Newsom brothers, Charles Shaner, William H. Toepke, Charles Havens, and Charles J. Rousseau.

The "suburban" quality of the Liberty-Hill area is retained to this day. It is enhanced by extensive street tree plantings and the very low incidence of commercial establishments in the residential areas. The great majority of District businesses

are on Valencia Street, an historic and unifying commercial corridor, as compared to the typical San Francisco pattern of a grocery store or saloon on nearly every corner.

The District is significant in its representation of San Francisco development modes of the period. The San Francisco Homestead Union, the earliest such organization in the City, owned and subdivided one block in the District in the 1860s. The Real Estate Associates (TREA), the largest builder of speculative housing in San Francisco in the 1870's, developed Lexington and San Carlos Streets as well as a number of other sites in the District. Other blocks were purchased by real estate developers and sold lot by lot.

The initial residents in the Liberty-Hill Historic District comprised a mix of professionals, laborers and small scale entrepreneurs. There have been a number of famous residents and visitors to the District, including James Rolph, Jr., John Daly, Susan B. Anthony and Lotta Crabtree. In addition, the District is associated with both the last alcalde of San Francisco under Spanish sovereignty, Jose de Jesus Noe, and the first mayor under American rule, Washington Bartlett. Seventy percent of all the buildings in the District are Victorian, with 42 percent being Italianate, 20 percent Stick and eight percent Queen Anne. Of the buildings in the District, approximately 1/3 are architect designed. Overall, 163, or over half of all buildings, are classified as "contributing" to the Victorian character of the District, while 74 are "potentially contributing" in that reversal of inappropriate alterations could restore the original character of the buildings. (Added Ord. 484-85, App. 10/25/85)

SEC. 6. FEATURES.

The exterior architectural features of the said Historic District that should be preserved are described and depicted in the Landmarks Preservation Advisory Board's case report with appendix titled "Liberty-Hill Historic District," adopted January 16, 1985, which is hereby incorporated herein and made a part hereof as though fully set forth. (Added Ord. 484-85, App. 10/25/85)

SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS.

The procedures, requirements, controls and standards in Sections 1005 through 1006.8 of Article 10 of the City Planning Code shall apply to all applications for Certificates of Appropriateness in the Liberty-Hill Historic District. In addition, the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10, those procedures, requirements, controls and standards affording stricter protection to landmarks, landmark sites, or the Historic District shall prevail.

(a) Character of the Historic District. The standards for review of all applications for Certificates of Appropriateness are set forth in Section 1006.7 of Article 10. For purposes of review pursuant to these standards, the character of the Historic District shall mean the exterior architectural features of the Liberty-Hill Historic District described in Section 6 of this ordinance.

(b) Minor Exterior Alterations. A Certificate of Appropriateness shall be required for the following minor exterior changes if visible from a public street: Awnings, copings, retaining walls, fences, balustrades and security gates.

(c) New Construction. New construction on vacant sites shall conform with the general profile of the District,

especially as to scale, sculptural qualities of facade and entrance detailing, fenestration patterns and materials as described in Section 6 of this ordinance

(d) Masonry, Brickwork and Stonework. A Certificate of Appropriateness shall be required for painting previously unpainted masonry, brick or stone exterior surfaces, for cleaning such surfaces with abrasives and/or treatment of such surfaces with waterproofing chemicals. Sandblasting and certain chemical treatment detrimental to masonry will not be approved.

(e) A Certificate of Appropriateness shall be required for use of texturizing paint products. (Added Ord. 484-85, App. 10/25/85)

SEC. 8. PAINT COLOR.

Nothing in this legislation shall be construed as authorization to regulate paint colors used within this District. (Added Ord. 484-85, App. 10/25/85)

APPENDIX G TO ARTICLE 10 - TELEGRAPH HILL HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Telegraph Hill Historic District contains a number of structures having a special character and special historical, architectural and aesthetic interest and value, and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as an Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the City Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the City Planning Code, to promote the health, safety and general welfare of the public. (Added by Ord. 442-86, App. 11/13/86)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the City Planning Code, Chapter II, Part II of the San Francisco Municipal Code, the Telegraph Hill Historic District is hereby designated as an Historic District, this designation having been duly approved by Resolution No. 10786 of the City Planning Commission.

(Added by Ord. 442-86, App. 11/13/86)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Telegraph Hill Historic District shall be as designated on the Telegraph Hill Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors under File 115-86-35, which Map is hereby incorporated herein as though fully set forth. (Added by Ord. 442-86, App. 11/13/86)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 10 of the City Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any City Planning Code provisions applicable to property in the Telegraph Hill Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

(Added by Ord. 442-86, App. 11/13/86)

SEC. 5. STATEMENT OF SIGNIFICANCE.

Telegraph Hill is one of the most famous hills in the world, as well-known as Sugar Loaf in Rio de Janeiro, and a visual landmark to sailors entering the Bay since its European discovery by Capt. Juan Manuel de Ayala in the San Carlos on August 5, 1775. The second European to enter the Bay, Capt. George Vancouver in 1792, specifically mentioned the fine anchorage he had between two promontories, one of which was Loma Alta, the original name for Telegraph Hill. Telegraph Hill is famous as "the hill that's been around the world" as great portions of it were blasted out for ballast in sailing ships, "ultimately to be used to pave the streets of various exotic places" (Lotchin). The Hill's present configuration is the historical expression of the ravages created by quarrying. The rock was used not only for ballast, but also to build Gold Rush era warehouses (in a combination of brick and stone known as rubble), to fill the Bay for flatlands east of the Hill, and to build the seawall which stabilized San Francisco's waterfront. The last quarrying occurred as late as 1914. The Historic District is a unique expression of the pattern of development which took place on the east slope of Telegraph Hill from 1850 to 1939. Topographical constraints shaped the original settlement of the Hill. The difficulty of access on hillside and cliffs, and the proximity to the City's most active waterfront area first produced a community of waterfront workers housed in "cloth lined" shacks and modest vernacular Gothic Revival houses. Intact groupings of these buildings remain within the District, and comprise the City's largest concentration of pre-1870 structures. While other areas of the City experienced ongoing development through the nineteenth and early twentieth centuries, Telegraph Hill remained isolated. Bypassed by cablecar or streetcar lines and with vehicular access limited to Union Street, infill residential construction from 1870 - 1935 was limited to small-scale vernacular construction stylistically comparable to the earliest development on the Hill. Due to the cliffside location, steps, wooden walkways and a hidden network of footpaths developed throughout the area. Street paving of Montgomery and Alta in 1931 and Union and Calhoun in 1939 - 1940 improved general accessibility, and heralded new development in the area. Low property values facilitated real estate development. Owners retained an array of architects who produced a collection of noteworthy and (then) innovative designs. Among these are Richard Neutra's International Style Kahn House at 66 - 70 Calhoun Terrace (1939), and Irvine Goldstine's Art Moderne Malloch Apartment Building at 1360 Montgomery Street (1936). This change in style, scale and pattern of development punctuates the district's period of significance.

ained an array of architects who produced a collection of noteworthy and (then) innovative designs. Among these are Richard Neutra's International Style Kahn House at 66 - 70 Calhoun Terrace (1939), and Irvine Goldstine's Art Moderne Malloch Apartment Building at 1360 Montgomery Street (1936). This change in style, scale and pattern of development punctuates the district's period of significance.

The steep cliffs, a decisive factor in determining the historic development pattern of the area, are a highly significant aesthetically important component defining the setting of the District. The abrupt changes in grade produce dramatic and unique vistas at points throughout the District. Unimproved street rights-of-way are valuable open spaces ranging in character from the well-tended, renowned Grace Marchant and Valetta's Gardens on Filbert and Greenwich Streets, to the rock-face cliffs of Green and Calhoun Streets.

(Added by Ord. 442-86, App. 11/13/86)

SEC. 6. FEATURES.

The architectural features of the said Historic District that should be preserved are described and depicted in the Landmarks Preservation Advisory Board's case report with appendix titled "Telegraph Hill Historic District," adopted August 7, 1985, as amended by the City Planning Commission, which is hereby incorporated herein and made a part hereof as though fully set forth.

(Added by Ord. 442-86, App. 11/13/86)

SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS.

The procedures, requirements, controls and standards in Sections 1005 through 1006.8 of Article 10 of the City Planning Code shall apply to all applications for Certificates of Appropriateness in the Telegraph Hill Historic District. In addition, the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10, those procedures, requirements, controls and standards affording stricter protection to the Historic District shall prevail.

(a) Character of the Historic District. The standards for review of all applications for Certificates of Appropriateness are as set forth in Section 1006.7 of Article 10. For purposes of review pursuant to said standards, the character of said Historic District shall mean the architectural features and historic open space of the Telegraph Hill Historic District referred to and described in Section 6 of this ordinance.

(b) Height. Buildings should relate to the height of structures immediately adjacent and in the general area with the intent that the building should be contained within an envelope that slopes upward or downward with the slope of the

property.

(c) Alterations and New Construction. Alterations and new construction shall be compatible with the nearby contributory buildings within the Historic District, and shall conform to the following provisions:

• (1) Style. New construction in a contemporary idiom is encouraged, with specific regulation as follows:

• (a) Bay windows and porticos are not characteristic of the District, and are discouraged.

• (b) Porches and balconies are characteristic design features of the District, and are encouraged.

• (c) Gable roof forms are encouraged.

• (d) The mass of new buildings should relate to the topographical contour of the site, and be compatible with adjacent buildings.

(e) Horizontal rustic wood siding is the traditional building material in the District, and its use is encouraged over other surfacing materials, including wood shingles. Masonry surfaces may be appropriate in subareas with a concentration of Art Moderne or International Style building.

(f) Fenestration should be proportionate and in scale with traditional patterns within the District. Wooden sash is encouraged over aluminum or other metal sash.

(g) Detailing should relate to the simple, straightforward traditional vernacular forms found in the District.

(2) Landscaping. All applications for Certificates of Appropriateness for construction shall include landscaping plans for required yards, setbacks and areas counting toward useable open space requirements of Section 135 of the City Planning Code. All construction activities, such as but not limited to demolition, storage of construction materials, excavation, and application of concrete and other chemicals shall be conducted to minimize interference with historic gardens in public rights-of-way and in historic gardens adjoining them. Fences shall not obstruct views of private gardens abutting historic public rights-of-way.

(3) Access. Access for demolition and/or construction shall utilize existing paths, steps and walkways. The project sponsor shall replace in kind and value any landscaping features on public space which may be damaged or destroyed by such activities.

(d) Wooden Walkways and Steps. Existing wooden steps on Filbert Street and boardwalk on Napier Lane shall be maintained as unique contributors to the setting of the District.

(e) Public Rights-of-Way. Unimproved sections of public rights-of-way shall be treated as open space. In such spaces gardens are encouraged: Ornamental gardens where the terrain slopes gently, and "natural" gardens elsewhere. Changes in the existing circulation patterns shall not be made except when such change is clearly preferable to provide for public safety.

(f) Street Furniture. Street furniture including but not limited to lighting fixtures, trash receptacles, and benches shall require a Certificate of Appropriateness. Such features shall complement the scale and character of the District.

(g) Demolition. Demolition of Contributory and Contributory/Altered buildings shall be subject to the maximum controls allowed under Article 10 of the City Planning Code. A demolition permit shall not be issued until all other required permits for new construction have been approved. No application for a demolition permit shall be deemed complete until all building permits for the replacement structure have been approved.*

(h) Cliffs. Applications for Certificates of Appropriateness proposing new construction on lots located upon the cliff areas of the District shall conform to the following provisions:

(1) Applications shall include geological studies made by a licensed civil engineer whose principle practice area is rock mechanics.

(2) At the hearing on the Certificate of Appropriateness pursuant to Sections 1006.2(b) and 1006.3, the Planning Commission shall determine whether the construction proposed by the applicant will have a reasonable probability of endangering life, limb, or property due to landsliding or structural failure. The Planning Commission's determination shall be based upon the geological studies submitted by the applicant or any interested party, as well as based upon testimony from, but not limited to, geotechnical and structural engineers.

(3) If the Planning Commission finds, based on the evidence presented at the hearing, that there is a reasonable probability that the proposed construction will endanger life, limb, or property of any person due to landsliding or structural failure, the Planning Commission shall disapprove the Certificate of Appropriateness.

(4) If the Planning Commission determines that the proposed construction can be safely undertaken without endangering life, limb, or property of any person due to landsliding or structural failure, the applicant shall take a "soft" approach to cliff retention, such as rock bolts and prestressed tendons, in order to preserve the integrity of the cliffs.

(i) Significance of Individual Buildings to the Historic District. The history of each parcel within the Historic District is documented on the survey worksheets (Appendix A to the Telegraph Hill Historic District Case Report). Each building is assigned a finding from the three following categories:

(1) Contributory. This category identifies buildings which date from the Historic District's period of significance and retain their historic integrity. These structures are of the highest importance in maintaining the character of the Historic District. The maximum suspension period allowable under Article 10 shall be imposed on applications for demolition of Contributory buildings.

(2) Contributory/Altered. This category identifies buildings which date from the Historic District's period of significance but have had their historic integrity compromised by inappropriate alterations. Appropriate restoration of such buildings is encouraged. The maximum suspension period allowable under Article 10 shall be imposed on applications for demolition of Contributory/Altered buildings. If a building in this category were to be appropriately restored, the category designation may be amended to "Contributory."

(3) Noncontributory. This category identifies buildings which postdate the Historic District's period of significance. Demolition permit applications for these buildings will be processed without reference to the suspension provisions of Article 10. Alterations to Noncontributory buildings would require Certificate of Appropriateness review in order to minimize conflicts with the historic character of the District.

(Added by Ord. 442-86, App. 11/13/86)

• It is not the intent of this section to prohibit consideration and approval of permits for new construction and demolition on the property while it is subject to the demolition prohibition set forth herein.

SEC. 8. PAINT COLOR.

Nothing in this legislation shall be construed to regulate paint colors within the District. (Added by Ord. 442-86, App. 11/13/86)

APPENDIX H TO ARTICLE 10 - BLACKSTONE COURT HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Blackstone Court Historic District contains a number of structures having a special character and special historical, architectural and aesthetic interest and value, and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as an Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the City Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the City Planning Code, to promote the health, safety and general welfare of the public. (Added by Ord. 464-87, App. 11/19/87)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the City Planning Code, Chapter II, Part II of the San Francisco Municipal Code, the Blackstone Court Historic District is hereby designated as an Historic District, this designation having been duly approved by Resolution No. 10997 of the City Planning Commission. (Added by Ord. 464-87, App. 11/19/87)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Blackstone Court Historic District shall be as designated on the Blackstone Court Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors under File 115-87-13, which Map is hereby incorporated herein as though fully set forth. (Added by Ord. 464-87, App. 11/19/87)

SEC. 4. RELATION TO CITY PLANNING CODE.

(A) Article 10 of the City Planning Code is the basic law governing historic preservation in the City and County of San Francisco.

This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof. (B) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any City Planning Code provisions applicable to property in the Blackstone Court Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

(Added by Ord. 464-87, App. 11/19/87)

SEC. 5. STATEMENT OF SIGNIFICANCE.

The significance of Blackstone Court Historic District is more historical than architectural, though enough physical evidence of past history remains to create a sense of the former place and time in this unusual mid-block enclave of five structures on a blind alley. The north line of the ally, Blackstone Court, follows the north line of an early trail shown on U.S. Coast Survey maps of the 1850's and 1860's, a trail that ran from town toward the Presidio, around the north end of Washerwoman's Lagoon (now drained and filled; so named for the Gold Rush laundries). The western end of Blackstone Court is the western edge of William Eddy's 1849 Lagoon Survey which set up a grid parallel to Market Street, facing the view through the Golden Gate. On a lot alignment perpendicular to the north edge of the old trail, 9-11 Blackstone Court appears to date from the 1850's because of its Gothic Revival veranda and its interior plan and finish. It is first

documented on its site in 1893 (possibly moved to clear a street right-of-way designated by the Laguna Survey of 188991). Before 1899 it was raised a story by the Favilla family from North Beach, very early Italian-American residents in what became the Marina District. Abraham House, 30 Blackstone Court, was constructed in 1885 by Charles Abraham, and enlarged by him in 1905. Abraham was the horticulturally significant founder of Western Nursery, which operated on most of this block from 1885 to 1947. It was the last expression of the Cow Hollow/Marina District agricultural enterprises. An Australian peppermint tree and a Monterey Cypress appear to date from the nursery. All of these elements combine to present a unique physical expression of the pre-1906 settlement patterns of this section of the City: the pre-

Gold Rush trail, the lot lines perpendicular to it, the nursery, the modest old houses and early, pre-1900 Italian-American investment in the Marina District.

(Added by Ord. 464-87, App. 11/19/87)

SEC. 6. FEATURES.

The architectural features of the said Historic District that should be preserved are described and depicted in the Landmarks Preservation Advisory Board's case report with appendix titled "Blackstone Court Historic District," adopted June 4, 1986, which is hereby incorporated herein and made a part hereof as though fully set forth. (Added by Ord. 464-87, App. 11/19/87)

SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS.

The procedures, requirements, controls and standards in Sections 1005 through 1006.8 of Article 10 of the City Planning Code shall apply to all applications for Certificates of Appropriateness in the Blackstone Court Historic District. In addition, the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10, those procedures, requirements, controls and standards affording stricter protection to the Historic District shall prevail.

pply to all applications for Certificates of Appropriateness in the Blackstone Court Historic District. In addition, the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10, those procedures, requirements, controls and standards affording stricter protection to the Historic District shall prevail.

(A) Character of the Historic District. The standards for review of all applications for Certificates of Appropriateness are as set forth in Section 1006.7 of Article 10. For purposes of review pursuant to said standards, the character of said Historic District shall mean the architectural features and historic street and lot lines, freestanding buildings, and low scale and intensity of development of the Blackstone Court Historic District.

(B) Alterations to Contributory and Contributory/Altered Buildings. Alterations to Contributory and Contributory/Altered buildings shall be compatible with the architectural and historic fabric of the building. New construction shall be compatible with the character of the historic district defined in Section 7(A) above, including but not limited to materials, fenestration, scale, bulk, detailing and intensity of development.

Alterations or new construction shall maintain and enhance existing visual access to the historic buildings in the district.

(C) Landscaping. All applications for Certificates of Appropriateness for construction shall include landscaping plans for required yards, setbacks and areas counting toward usable open space requirements of Section 135 of the City Planning Code. All construction activities, such as but not limited to demolition, storage of construction materials, excavation, and application of concrete and other chemicals shall be conducted so as to minimize interference with gardens.

(D) Street Furniture. Street furniture including but not limited to lighting fixtures, trash receptacles, and benches shall require a Certificate of Appropriateness. Such features shall complement the scale and character of the district.

(E) Demolition. Demolition of Contributory and Contributory/Altered buildings shall be subject to the maximum controls allowed under Article 10 of the City Planning Code. A demolition permit shall not be issued until all other required permits for new construction have been approved, except in situations considered unsafe or dangerous pursuant to Section 1007 of Article 10 of the City Planning Code. No applications for a demolition permit shall be deemed complete until all building permits for the replacement structure have been approved.

(F) Significance of Individual Buildings to the Historic District. The history of each parcel within the historic district is documented on the survey worksheets (Appendix A to the Blackstone Court Historic District Case Report). Each building is assigned a finding from the three following categories:

(1) Contributory. This category identifies buildings which date from the historic district's period of significance and retain their historic integrity. These structures are of the highest importance in maintaining the character of the historic

district. The maximum suspension period allowable under Article 10 shall be imposed on applications for demolition of Contributory buildings.

(2) Contributory/Altered. This category identifies buildings which date from the historic district's period of significance but have had their historic integrity compromised by inappropriate alterations.

Appropriate restoration of such buildings is encouraged. The maximum suspension period allowable under Article 10 shall be imposed on applications for demolition of Contributory/Altered buildings. If a building in this category were to be appropriately restored, the category designation may be amended to Contributory.

(3) Noncontributory. This category identifies buildings which post-date the historic district's period of significance. Demolition permit applications for these buildings will be processed without reference to the suspension provisions of Article 10. Alterations to Noncontributory buildings would require Certificate of Appropriateness review in order to minimize conflicts with the historic character of the district.

(Added by Ord. 464-87, App. 11/19/87)

SEC. 8. PAINT COLOR.

Nothing in this legislation shall be construed to regulate paint colors within the District. (Added by Ord. 464-87, App. 11/19/87)

APPENDIX I TO ARTICLE 10 - SOUTH END HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the South End Historic District has a special character and special historical, architectural and aesthetic interest and value and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of this area as an Historic District will further and conform to the purposes and standards of Article 10 of the City Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order. This

ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the City Planning Code and to promote the public health, safety and general welfare. (Added by Ord. 104-90, App. 3/23/90)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the City Planning Code, Chapter II, Part II of the San Francisco Municipal Code, the South End is hereby designated as an Historic District, this designation having been duly approved by Resolution No. 11869 of the City Planning Commission.

(Added by Ord. 104-90, App. 3/23/90)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the South End Historic District shall be as designated on the South End Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 115-90-3, which Map is hereby incorporated as though fully set forth.

(Added by Ord. 104-90, App. 3/23/90)

SEC. 4. RELATION TO CITY PLANNING CODE AND REDEVELOPMENT PLAN FOR THE RINCON POINT-SOUTH BEACH PROJECT AREA.

(a) Article 10 of the City Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in the ordinance, nothing in this ordinance shall supersede, impair or modify any City Planning Code provisions applicable to property in the South End Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, off-street parking and signs.

(c) Nothing in this ordinance shall supersede, impair or modify any provisions of the Redevelopment Plan (including the Design for Development), for the Rincon Point-South Beach Project Area which are applicable to property located in such Redevelopment Project Area and designated part of this South End Historic District. (Added by Ord. 104-90, App. 3/23/90)

SEC. 5. STATEMENT OF SIGNIFICANCE.

(a) History of the area: For decades after the 1849 Gold Rush, San Francisco was the principal seaport and connection with the outside world for California and the West Coast. San Francisco's expansion and transformation into one of the most important cities in North America is attributable to the eminence of its port which, because of its sheltered location and deep water, became one of the best-suited on the Pacific Ocean.

The development of warehouses over a 120-year period along the southern waterfront provides a benchmark from which to view architectural and technological responses to the rapid changes of growing industrial nation state and city. The interdependence of architecture and history can be seen from a look at the evolution of warehouse forms along the southern waterfront. Unlike most other areas of the San Francisco waterfront, the South End District contains an extraordinary concentration of buildings from almost every period of San Francisco's maritime history. Several street fronts - such as Second, Third and Townsend - are characterized by solid walls of brick and reinforced concrete warehouses. With this harmony of scale and materials, the South End Historic District is clearly a visually recognizable place.

One-story warehouses were common in the nineteenth century but rare in the early twentieth due to the increasing cost of land. Two of the oldest warehouses in the historic district are one story in height: Hooper's Warehouse (1874) and the California Warehouse (1882). Their horizontal orientation is accentuated through the use of strong cornice lines with decorative brick patterns.

Multi-story buildings have been more common along the southern waterfront since the turn of the century. After 1906, almost all new warehouses were constructed to be at least three stories in height, and several warehouses on Second and Townsend Streets reached six stories. The invention of the forklift in the 1930s eliminated advantages which multi-story buildings enjoyed over single-story structures. Since 1945, almost all warehouses constructed in the United States have been one story in height. Many multi-story warehouses and industrial buildings have been converted to other uses or are vacant because they have become obsolete for most warehouse or industrial functions.

South End's period of historical significance, 1867 to 1935, comprises the era during which the waterfront became a vital part of the City's and nation's maritime commerce. The buildings of the South End Historic District represent a rich and varied cross-section of the prominent local architects and builders of the period. Four buildings remain from the nineteenth century; another four were constructed in the six-year interval preceding the 1906 earthquake. The majority of the buildings were erected between 1906 and 1929, a period during which trade along the waterfront increased dramatically.

Several events shaped this part of San Francisco. The building of Long Bridge in 1865 on the line of Fourth Street south to Point San Quentin or the Potrero district, opened up opportunities for new industrial development in the southern part of the city. The Second Street cut of 1869, through fashionable Rincon Hill, allowed access from downtown to the southern waterfront. The completion of the transcontinental railroad in 1869 (and the eventual extension of railway lines

into the area) was the single most important event to impact the district. The fire of 1906 and the opening of the Panama Canal in 1914 were further impetuses to warehouse construction in this area, as were the seawall and the Belt Line Railway.

Prominent figures in San Francisco history have been associated with the district. William Ralston, founder of the Bank of California, builder of the Palace Hotel, and financier of San Francisco and the West, owned property in the district and was a major force in politically engineering the Second Street cut in 1869. William Sharon, a U.S. Senator from Nevada in 1875 - 1881, acquired much of Ralston's estate and also co-owned and built the California Warehouse on the corner of Second and Townsend for Haslett and Bailey in 1882.

William P. Aspinwall founded the internationally important Oriental Warehouse (Pacific Mail Steamship Company) in this district during the Gold Rush. John Hooper built Hooper's South End Grain Warehouse at Japan and Townsend Streets in 1874 for California's lucrative grain trade. Hooper was a member of a family known particularly for its lumber trade, with large land holdings just south of the South End Historic District.

ed the internationally important Oriental Warehouse (Pacific Mail Steamship Company) in this district during the Gold Rush. John Hooper built Hooper's South End Grain Warehouse at Japan and Townsend Streets in 1874 for California's lucrative grain trade. Hooper was a member of a family known particularly for its lumber trade, with large land holdings just south of the South End Historic District.

The leading warehouse firms in San Francisco were those of the Haslett and Lamb families. Samuel Haslett, a native of Ireland, came to San Francisco in the 1870s and became a partner with J.W. Cox at the Humboldt Warehouse on Rincon Point. Haslett's sons continued the business after his death, and Samuel Haslett IV is now president of the firm. Once nationally known in warehousing, the Hasletts built or are associated with seven warehouses in the district. George Lamb founded the South End Warehouse Company in 1905, and later co-founded the drayage and hauling firm of King and Company. South End operated six warehouses in the area at various times.

Charles Lee Tilden (1857 - 1950) built 111 - 113 Townsend, a Haslett warehouse, and the Overland warehouse at Third and Townsend Streets. Tilden, a highly successful business entrepreneur, also founded the East Bay Regional Park system in 1934. Charles Norton Felton (1828 - 1914), Senator, Congressman, and early developer of oil in California, is associated with warehouses at 275 Brannan Street and 601 Second Street.

The proposed historic district is an important visual landmark for the City as a whole. The large number of intact masonry warehouses which remain to this day are reminders of the maritime and rail activities which helped to make San Francisco a great Turn-of-the-Century Port City. The warehouse district, because of its distinct building forms, is identifiable from many parts of San Francisco and the greater Bay Area. Additional historical information may be found in the South End Historic District Case Report No. 89.065L.

(Added by Ord. 104-90, App. 3/23/90)

SEC. 6. FEATURES.

(a) Features of Existing Buildings.

1. Overall Form and Continuity. Building height is generally within a six-story range, and many of the oldest structures are one or two stories in height.

2. Scale and Proportion. The buildings are of typical warehouse design, large in bulk, often with large arches and openings originally designed for easy vehicular access. There is a regularity of overall form. The earlier brick structures blend easily with the scaled-down Beaux Arts forms of the turn of the century and the plain reinforced concrete structures characteristic of twentieth-century industrial architecture.

3. Fenestration. The earliest structures have few windows, expressing their warehouse function. They are varied in size, rhythmically spaced, deeply recessed, produce a strong shadow line, and relate in shape and proportion to those in nearby buildings. Larger industrial sash windows began to be incorporated in structures built from the 1920s and onward. Door openings are often massive to facilitate easy access of bulk materials.

ctures have few windows, expressing their warehouse function. They are varied in size, rhythmically spaced, deeply recessed, produce a strong shadow line, and relate in shape and proportion to those in nearby buildings. Larger industrial sash windows began to be incorporated in structures built from the 1920s and onward. Door openings are often massive to facilitate easy access of bulk materials.

4. Materials. Standard brick masonry is predominant for the oldest buildings in the district, with reinforced concrete introduced after the 1906 fire, although its widespread use did not occur until the 1920s. Brick and stone paving treatments on Federal and First and De Boom Streets respectively are extant as well as Beltline Railroad Tracks which run throughout the District.

5. Color. Red brick is typical, with some yellow and painted brick. Muted earth tones predominate in shades of red, brown, green, gray and blue.

6. Texture. Typical facing materials give a rough textured appearance. The overall texture of the facades is rough grained.

7. Detail. Arches are common at the ground floor, and are frequently repeated on upper floors. Flattened arches for window treatment are typical. Cornices are simple and generally tend to be abstract versions of the more elaborate cornices found in downtown commercial structures from the nineteenth century. Most of the surfaces of the later buildings are plain and simple reflecting their function. Some of the earlier brick work contains suggestions of pilasters, again highly abstracted. Where detail occurs, it is often found surrounding entryways.

(b) Standards for New Construction and Alterations.

1. Facade Line Continuity. Facade line continuity is historically appropriate. Therefore, setbacks at lower floors and arcades, not generally being features of the South End Historic District, are generally not acceptable.

2. Fenestration and Design Elements for New Construction. In areas with a concentration of buildings characterized by a high proportion of mass to void and deeply recessed openings, vertical orientation and limited fenestration, the design of new construction should relate to those elements. In areas characterized by buildings with industrial style fenestration, new construction should relate to those design elements.

3. Signs.

(A) Principal Signs. Only one sign will be allowed per establishment per street frontage. A flush sign with lettering intended to be read from across the street is permitted. On brick surfaces, signs should be mounted with a minimum number of penetrations of the wall, and those penetrations only in the mortar joints.

(B) Secondary Signs. One per establishment per street frontage. A secondary sign is intended to be viewed closeup and consists of: (a) Lettering on a door or window which contains only the name and nature of the establishment, hours of operation and other pertinent information. (b) A projecting sign not exceeding two square feet in area used in conjunction with a principal flush sign.

(c) Exterior Changes Requiring Approval. Any exterior change within the South End Historic District shall require a Certificate of Appropriateness pursuant to the provisions of Article 10 when such work requires a city permit. In addition, a Certificate of Appropriateness shall be required for cleaning masonry surfaces with abrasives and/or treatment of such surfaces with waterproofing chemicals. Sandblasting and certain chemical treatments detrimental to older brick will not be approved.

(Added by Ord. 104-90, App. 3/23/90)

SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS.

The procedures, requirements, controls and standards in Sections 1006 through 1006.8 of Article 10 of the Planning Code shall apply to all applications for Certificates of Appropriateness in the South End Historic District. In addition, the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10, those procedures, requirements, controls, and standards affording stricter protection to landmarks, landmark sites, and the Historic District shall prevail.

(a) Character of the Historic District. The standards for review of all applications for the Certificate of Appropriateness are set forth in Section 1006.7 of Article 10. For purposes of review pursuant to these standards, the

character of the historic district shall mean the exterior architectural features as well as the historic brick and stone paving materials described in Section 6 of this ordinance.

(b) New Construction. New construction on vacant sites should conform to the general profile of the District, especially as to scale, sculptural qualities of facade and entrance detailing, fenestration patterns and materials described in Section 6 of this ordinance.

(c) Masonry, Brickwork and Stonework. A Certificate of Appropriateness shall be required for painting previously unpainted masonry, brick or stone exterior surfaces, for cleaning such surfaces with abrasives and/or treatment of such surfaces with waterproofing chemicals. Sandblasting and certain chemical treatment detrimental to masonry will not be approved.

(d) Alterations. It is recognized that certain alterations to the exteriors of buildings within the Historic District may be necessary in order to accommodate adaptive reuse of, and to provide sufficient light and air in, such buildings. Substantial alterations to Principal Facades, as defined in Planning Code Section 102, should be discouraged. Substantial alterations to non-principal facades, not originally intended to be viewed from the street, may be appropriate, provided such alterations maintain the character of the historic district.

accommodate adaptive reuse of, and to provide sufficient light and air in, such buildings. Substantial alterations to Principal Facades, as defined in Planning Code Section 102, should be discouraged. Substantial alterations to non-principal facades, not originally intended to be viewed from the street, may be appropriate, provided such alterations maintain the character of the historic district.

(e) 200 Brannan Street, Lot 24 within Assessor's Block 3774 is a site proposed for high-density mixed-income housing within the Rincon Point-South Beach Redevelopment Project Area Plan. The subject property is a donut-shaped group of buildings of different dates behind a single unifying wall and the continuous facade wall which runs along the First and Brannan Streets is the contributory element of the site and adaptive reuse of the subject property is acceptable. (Added by Ord. 104-90, App. 3/23/90; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018) AMENDMENT HISTORY

Undesignated introductory paragraph and division (d) amended; Ord. 202-18, Eff. 9/10/2018.

SEC. 8. SIGNIFICANCE OF INDIVIDUAL BUILDINGS TO THE HISTORIC DISTRICT.

The history of each parcel within the Historic District is documented on the survey worksheets (Appendix A to the South End Historic District Case Report No. 89.065L). This classification of buildings in the South End Historic District is delineated in Case Report No. 89.065L. Each building is designated as one of the following:

1. Contributory.This category identifies buildings which date from the Historic District's period of significance and retain their historic integrity. These structures are of the highest importance in maintaining the character of the Historic District.

2. Contributory - Altered.This category identifies buildings which date from the historic district's period of significance but have had their historic integrity compromised by inappropriate alterations. Appropriate restoration of such buildings is encouraged. If a building in this category were to be appropriately restored, the category designation may be amended by the L.P.A.B. to "Contributory."

3. Noncontributory.This category identifies buildings which are outside the Historic District's period of significance or are so significantly altered that they have lost their integrity. A Certificate of Appropriateness shall not be required for demolition of a noncontributory building. Construction of new buildings on a demolished building site, additions to, and major alterations of noncontributory buildings should be compatible with the character of the Historic District, and would require a Certificate of Appropriateness in order to ensure compatibility with the character of the historic district. (Added by Ord. 104-90, App. 3/23/90)

SEC. 9. PAINT COLOR.

Nothing in this legislation shall be construed as authorization to regulate paint colors used within the District. (Added by Ord. 104-90, App. 3/23/90)

SEC. 10. ADDITIONS.

Additions to existing buildings and new infill construction proposed within the South End Historic District must reflect an understanding of the relationship of the proposal with the contributing buildings within the district. Additions shall be reviewed for compatibility with the historic building and the district while infill construction shall be reviewed for compatibility with the overall district. Neither should directly imitate nor replicate existing features. For additions, every

effort should be made to minimize the visibility of the new structure within the district. Infill construction should reflect the character of the district, including the prevailing heights of contributing buildings without creating a false sense of history. Property owners should consult early in the process with a Planning Department Historic Preservation Technical Specialist when developing a proposal.

Additions will be reviewed on a case-by-case basis and any proposed addition should be located in an inconspicuous location and not result in a radical change to the form or character of the historic building. A vertical addition may be approved, depending on how the addition impacts the building and its relative visibility from the surrounding public rights-of-way within the district. The Planning Department evaluates all proposals for properties identified under Article 10 of the Planning Code for compliance with the Secretary of the Interior's Standards (36 C.F.R. § 67.7 (2001)). Based on these Standards, Department staff uses the following criteria when reviewing proposals for vertical additions:

• The structure respects the general size, shape, and scale of the features associated with the property and the district and the structure is connected to the property in a manner that does not alter, change, obscure, damage, or destroy any of the character-defining features of the property and the district.

• The design respects the general historic and architectural characteristics associated with the property and the district without replicating historic styles or elements that will result in creating a false sense of history.

• The materials are compatible with the property or district in general character, color and texture.

As part of the Planning Department review process, the project sponsor shall conduct and submit an analysis that illustrates the relative visibility of a proposed vertical addition from within the district. As part of this analysis, sightline cross-sections and perspective drawings illustrating the proportionality and scale, as well as the visible extent of the addition from prescribed locations should be submitted.

When a district provides an opportunity for new construction through existing vacant parcels or by replacing noncontributing buildings, a sensitive design is of critical importance. Historic buildings within the district should be utilized and referenced for design context. Contemporary design that respects the District's existing character-defining features without replicating historic designs is encouraged. The Department uses the following criteria when reviewing proposals for infill construction:

ng noncontributing buildings, a sensitive design is of critical importance. Historic buildings within the district should be utilized and referenced for design context. Contemporary design that respects the District's existing character-defining features without replicating historic designs is encouraged. The Department uses the following criteria when reviewing proposals for infill construction:

• The structure respects the general size, shape, and scale of the character-defining features associated with the district and its relationship to the character-defining features of the immediate neighbors and the district.

• The site plan respects the general site characteristics associated with the district.

• The design respects the general character-defining features associated with the district

• The materials are compatible with the district in general character, color, and texture.

• (Added by Ord. 298-08, File No. 081153, App. 12/19/2008)

APPENDIX J TO ARTICLE 10 - CIVIC CENTER HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Civic Center Historic District contains a number of structures having a special character and special historical, architectural and aesthetic interest and value, and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as an Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the City Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the City Planning Code, to promote the health, safety and general welfare of the public. (Added by Ord. 413-94, App. 12/23/94)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the City Planning Code, Chapter II, Part II of the San Francisco Municipal Code, the San Francisco Civic Center Historic District is hereby designated as an Historic District, this designation having been duly approved by Resolution No. 13719 of the City Planning Commission and Resolution No. 454 of the Landmarks Preservation Advisory Board.

(Added by Ord. 413-94, App. 12/23/94)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the San Francisco Civic Center Historic District generally bounded by Golden Gate Avenue to the north, Franklin Street to the west, Jones Street to the east and Market Street to the south shall be as designated on the San Francisco Civic Center Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 115-94-10, which Map is hereby incorporated herein as though fully set forth. (Added by Ord. 413-94, App. 12/23/94)

SEC. 4. RELATION TO CITY PLANNING CODE AND THE PROVISIONS OF THE CHARTER OF THE CITY AND COUNTY OF SAN FRANCISCO.

(a) Article 10 of the City Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any City Planning Code provisions applicable to property in the San Francisco Civic Center Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

(Added by Ord. 413-94, App. 12/23/94)

SEC. 5. STATEMENT OF SIGNIFICANCE.

The San Francisco Civic Center possesses a unique place and significance in the areas of architecture, history, and environment worthy of protection as an historic district.

The land on which the Civic Center stands was declared a City Hall Reservation as early as 1870. Portions of that reservation land were sold to raise funds for City Hall construction, and Old City Hall - located on the site that had first been used as the Yerba Buena Cemetery, approximately where the present library stands - was erected between 1871 and 1897, in a lengthy project marked by the now well known City government corruption of that time.

In 1899, B.J.S. Cahill, with the encouragement of Mayor Phelan, proposed a grander vision for the area, with the dual goal of clearing up land titles clouded by the dubious practices of the promoters of the Old City Hall and, at the same time, of creating an imposing setting for the entire area. This plan envisioned clearing out smaller structures and visually uniting the remaining monumental structures - Old City Hall, the Main Post Office, the Hibernia Bank building, and other larger structures - and setting them off against new open spaces (such as a planned extension of the Golden Gate Park panhandle to Market Street). Conflicting new developments were blocked for a time, but the plan eventually failed, in large part because of general distrust - bred of experience, perhaps - of large government projects.

Undaunted, former Mayor Phelan soon led the formation of an Association for the Improvement and Adornment of San Francisco. In 1904, the Association invited Daniel Burnham to design a grand plan for the City, with B.J.S. Cahill providing a design for the Civic Center. This produced two visions of the Civic Center: Cahill, with the practicality borne of personal and local experience, proposed using existing structures and City-owned land to create a central plaza,

surrounded by major buildings, and, again, connected to a Golden Gate Park panhandle extension; Burnham proposed a grander Civic Center, with buildings connected by a generally circular series of boulevards and grand open vistas. The Burnham Plan, though politically impractical, fired the public imagination and was submitted to and adopted by the Board of Supervisors on September 27, 1905.

Following the 1906 earthquake, the public desire to rebuild and reclaim what had just been lost confirmed in practice what Cahill had perceived before: that political expediency set limits to the definition of the Civic Center. Competition continued between the different views of Burnham and Cahill of what the Civic Center might become, but by 1912 the Board of Supervisors had endorsed the Cahill Plan as modified in 1909. The momentum of growing civic pride and the Civic Center development effort - spearheaded by then-Mayor Rolph and the coming of the 1915 Panama-Pacific Exposition - was focused into the general outlines sketched by Cahill.

Mayor Rolph, a reform candidate, saw the Civic Center as a central civic improvement, the symbol of a new unity of the people under a new and honest political era and a permanent expression of the grandeur and vitality which the 1915 Exposition would exemplify on a temporary scale.

The World Columbian Exposition in Chicago, in 1893, was the source of inspiration for the "City Beautiful" movement which emphasizes formal plan and composition of monumental scale, neoclassical style buildings fronting plazas, boulevards and grand public gathering spaces. The order, harmony, cleanliness, and grandeur of the exhibition, called "The White City," was in sharp contrast to the rapid, chaotic growth that most U.S. cities had experienced in the preceding era of rapid immigration and industrialization.

Several world's fairs were held throughout the country in the later 1800's, spreading the ideals of classical architecture, Beaux Arts forms, and the concepts of planning and cooperation for ensemble effect in design. These planning and design schemes were an important influence for forty years, with their primary manifestation coming in designs for cities, parks, and civic centers. Numerous City plans were commissioned in the early years, but only Cleveland and San Francisco implemented a portion of their plans, with San Francisco more nearly reaching completion.

The historic significance of the "City Beautiful" movement lies in the manner in which it reformed and refocused architectural vision, contributing to something of a national style of architecture; and, on a practical level, in the formation of City Planning Departments and schools or courses devoted to City Planning.

The design of the San Francisco Civic Center is an example of the development of those significant contributions. More particularly, the San Francisco Civic Center is an expression of a nation ready to display its new international importance in an architectural statement. At the time it took form, geography and historical events had made San Francisco the center of western America. Monumental classical architecture for the City's central public space expressed this consciousness, as well as the accompanying belief that such inspiring surroundings should be democratically available to all, not just a privileged few.

ational importance in an architectural statement. At the time it took form, geography and historical events had made San Francisco the center of western America. Monumental classical architecture for the City's central public space expressed this consciousness, as well as the accompanying belief that such inspiring surroundings should be democratically available to all, not just a privileged few.

The Exposition Auditorium, the Central Plaza, and the Powerhouse were completed before the 1915 Panama-Pacific Exposition, and the new City Hall was completed in late 1915. The library was completed in 1916; the State Building in 1921; and the Public Health Building in 1932 and the Old Federal Building in 1936. The present Opera House and Veterans Building expanded the Civic Center to the west in 1932 and 1933, respectively, much in the manner the original proponents envisioned. The original plaza was excavated in 1956 to add the underground parking garage. At this time the ground level details were changed into the present reflecting pool and semi-park. United Nations Plaza, which opens the vista to the east of City Hall in a manner consistent with the original vision of the Civic Center, was created in the mid1970's.

It is an exemplary City Beautiful complex in the best of the American Academic Beaux Arts tradition. Designed and built in the revival of classical style, stemming from the Chicago World's Fair of 1893 that has been called the "American Renaissance," it succeeds in making a strong impression of Civic dignity and pride. The San Francisco Civic Center Historic District consists of a principal aggregation of monumental buildings around a central open space, with additional buildings extending the principal axis at either end. It includes all or part of the fifteen City blocks. There are eight major buildings, a group of secondary buildings, three unrealized building sites, and a large plaza within the Historic District.

Each building in the Civic Center was faced with the problem of providing modern, functional facilities in a classical idiom. The classical Beaux Arts style was deemed suitable as the traditional style of American governmental buildings, and was amenable to City Beautiful ideals of harmony among many buildings on a grand scale. The formal composition of "City Beautiful" architecture, plantings, street embellishments and plazas was meant to be an expression of civic authority and pride - intending to impress and overawe. The classical style aptly expressed the mood of a nation eager to redefine its newly achieved international importance in architectural terms. It reflected a mood and an existing state of affairs as much as an inspiration to dominance. In San Francisco, it represented the city's emergence as a regional center of national importance, and within the City, it symbolized the united efforts of a population recently divided along many lines.

mood of a nation eager to redefine its newly achieved international importance in architectural terms. It reflected a mood and an existing state of affairs as much as an inspiration to dominance. In San Francisco, it represented the city's emergence as a regional center of national importance, and within the City, it symbolized the united efforts of a population recently divided along many lines.

In terms of "democratic" architecture, or architecture for an ever larger segment of the population, monumental classical architecture uncompromisingly demonstrated the enhanced concern for the general public. Only a few years earlier, such splendor was exclusively reserved for the rich and the privileged few. To this day, no greater public interiors have been built in the United States than those influenced by and representative of the City Beautiful Movement, including among the very finest, the San Francisco City Hall.

Within the scope of turn of the century classical architecture in the United States, the San Francisco Civic Center contains several fine examples of the mode and one superlative example in its City Hall. The other buildings in the group, although less interesting individually cannot properly be evaluated in the same way. In particular, the State Building, the Federal Building, the Health Building and the War Memorial group would probably appear rather dull compared to City Hall, as if they were missing an essential ingredient. But seen in the context of the Civic Center as a whole, and in relation to City Hall, all the buildings together achieve distinction.

The criteria on which the buildings are judged, then, must be the degree to which each enhances the group without distracting from City Hall. These qualities are achieved through a harmony of color, material, scale, size, texture, rhythm and style. Within these constrictions the buildings achieve individual interest through the imaginative manipulation of the elements.

The historic Civic Center buildings are unified in the Beaux Arts classical design. They are organized into horizontal bands of vertically proportioned elements, with the grand order of the facade displayed on two or three floors above a usually rusticated base of one or two ground and partially sub-ground floors. Civic Center Historic District contains standard features such as overall form, massing, scale, proportion, orientation, depth of face, fenestration and ornamentation, materials, color, texture, architectural detailing, facade line continuity, decorative and sculptural features, street furniture, granite curbing and grille work.

usticated base of one or two ground and partially sub-ground floors. Civic Center Historic District contains standard features such as overall form, massing, scale, proportion, orientation, depth of face, fenestration and ornamentation, materials, color, texture, architectural detailing, facade line continuity, decorative and sculptural features, street furniture, granite curbing and grille work.

The Civic Center is designated as both a National Historic Landmark District and a Historic District on the National Register of Historic Places, the former designation occurred on February 27, 1987, the latter, October 10, 1978. These designations offer recognition that certain properties within the Historic District are worthy of preservation and alterations undertaken both in the local and federal districts shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties. Said Standards were adopted by the Landmarks Preservation Advisory Board at its Regular Meeting of October 2, 1985, the amended Standards were readopted by the Landmarks Board at its Regular Meetings of February 6, 1991 and August 3, 1994.

(Added by Ord. 413-94, App. 12/23/94)

SEC. 6. FEATURES.

The architectural features of said Historic District that should be preserved are set forth in this ordinance and described and depicted in the Landmarks Preservation Advisory Board's Case Report "San Francisco Civic Center Historic District" including Appendix A: Survey of Parcels. Said Case Report was adopted by the Landmarks Preservation Advisory Board at its Regular Meeting of October 6, 1993 by Resolution No. 454 and was adopted and amended by the City Planning Commission at its Regular Meeting of July 7, 1994 by Resolution No. 13719. The architectural features, formal plan composition and streetscape elements of said Historic District that should be preserved and strengthened are also

identified in the Civic Center Plan, an Element of the City's Master Plan, and in the Civic Center Urban Design Guidelines adopted by the Planning Commission pursuant to that plan.

(Added by Ord. 413-94, App. 12/23/94)

SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS.

The procedures, requirements, controls and standards in Sections 1005 through 1006.8 of Article 10 of the City Planning Code shall apply to all applications for Certificates of Appropriateness in the San Francisco Civic Center Historic District. In addition, the following provisions shall apply to all such applications. In the event of any conflict or inconsistency between the following provisions and Article 10, the procedures, requirements, controls and standards affording stricter protection to the Historic District shall prevail, except for the provisions of Section 8 of this designation ordinance.

sco Civic Center Historic District. In addition, the following provisions shall apply to all such applications. In the event of any conflict or inconsistency between the following provisions and Article 10, the procedures, requirements, controls and standards affording stricter protection to the Historic District shall prevail, except for the provisions of Section 8 of this designation ordinance.

A Certificate of Appropriateness shall be required for all major alterations, as set forth below, to Contributory or Contributory/Altered buildings sites, structures or objects within the Historic District. Within 10 days after the Central Permit Bureau refers any permit application to the Department, the Zoning Administrator and the Secretary to the Landmarks Preservation Advisory Board shall determine in writing whether the proposed alteration is a major alteration or a minor alteration. The decision of the Zoning Administrator shall be final.

(a) An alteration is considered major if any of the following apply:

(1) The alteration will remove or cover an exterior architectural feature or a portion of an exceptionally significant interior as set forth in Section 10, or replace it with substitutes that are inappropriate in material, scale, color or architectural style. This provision shall apply to exceptionally significant interior public spaces designated in Section 10 of said ordinance; or

(2) The alteration would affect all or any substantial part of a structure's interior or exterior column or load-bearing wall, exterior walls or exterior ornamentation; or

(3) The alteration results in a substantial addition of height above the height of the structure; or

(4) The cumulative impacts of serial permits may be determined to be a major alteration. An alteration, in combination with other alterations authorized within the preceding five years, shall be deemed a major alteration if the cumulative impact of said alterations may be considered a major alteration as described above.

(b) An alteration is considered minor if the criteria set forth in Subsection (a) do not apply or the work consists of ordinary repair and maintenance.

(c) The Department of City Planning in consultation with the Landmarks Preservation Advisory Board, may promulgate Rules and Regulations to distinguish major alterations from minor alterations for this Historic District consistent with this Section 7.

(d) Permit applications determined to be for minor alterations shall be returned, with that determination noted, to the Central Permit Bureau for further processing; provided, however, that the Zoning Administrator may take any other otherwise authorized action with respect to the application.

(Added by Ord. 413-94, App. 12/23/94)

SEC. 8. APPEALS FROM THE LANDMARKS PRESERVATION ADVISORY BOARD AND CITY PLANNING COMMISSION DECISIONS ON CERTIFICATES OF APPROPRIATENESS.

(a) Certificate of Appropriateness decisions of the Landmarks Preservation Advisory Board may be appealed to the City Planning Commission pursuant to the provisions of Planning Code Section 1006.8. Nothing in this ordinance shall supersede, impair or modify provisions of the City Charter or laws governing the State of California and the United States of America. All governmental bodies shall work cooperatively with the Landmarks Preservation Advisory Board on proposed exterior and interior changes to ensure that the alteration of buildings within this Historic District comply with the Secretary of the Interior's Standards for Rehabilitation, Revised 1990 (and subsequent revisions).

(b) This ordinance designating the Civic Center Historic District shall in no way diminish the powers, rights and duties vested in the Art Commission, the War Memorial Board of Trustees, the Library or the Asian Art Museum. It is the intent of the Board of Supervisors, however, to retain its authority, and the authority of the Landmarks Preservation Advisory Board and the Planning Commission, over historic preservation decisions in the Civic Center Historic District in order to ensure the appropriate treatment of the historical elements of this historic district.

(c) The entities referenced in Subsection 8(b) above shall consult with the Landmarks Preservation Advisory Board on any proposed interior alterations to the publicly accessible spaces of their buildings, regardless of whether a Certificate of Appropriateness is required by this ordinance or by Article 10. (Added by Ord. 413-94, App. 12/23/94)

SEC. 9. STANDARDS FOR REVIEW OF APPLICATIONS.

(a) The standards for review of all applications for Certificates of Appropriateness are as set forth in Section 1006.7 of Article 10 and are as follows:

(b) For applications pertaining to sites, buildings, structures and objects in the Civic Center Historic District, any alteration, construction, relocation or demolition, shall comply with the standards contained in Section 1017(c), and shall (1) be compatible with respect to height, massing, fenestration, materials, color, texture, detail, style, scale and proportion, signage, landscaping and street furniture which may define the character of the historic district as described in Section 5 of this designating ordinance and in the Civic Center Urban Design Guidelines adopted by the City Planning Commission; and (2) preserve, enhance or restore, and not damage or destroy, the exterior architectural appearance of the subject site, building, structure and object which is compatible with the character of the Historic District.

(1) Notwithstanding the foregoing, any exterior change to a site, building, structure and object which is not already compatible with the character of the Historic District shall bring the site, building, structure and object closer to compatibility. Where the required compatibility exists, the application for a Certificate of Appropriateness shall be approved.

(2) Except as provided in Planning Code Subsection 1017(d), no application for a demolition permit in a Historic District may be approved until a Certificate of Appropriateness for the replacement structure has been approved by the Landmarks Board.

(c) Alterations to Contributory and Contributory/Altered buildings shall be compatible with the architectural and historic character of this Historic District. New construction shall be compatible with the character of the Historic District as described in the Landmarks Preservation Advisory Board San Francisco Civic Center Historic District Case Report and its Appendix A and with the Civic Center Urban Design Guidelines adopted by the City Planning Commission. Said Case Report was adopted by the Landmarks Preservation Advisory Board at its Regular Meeting of October 6, 1993 by

Resolution No. 454 and was adopted and amended by the City Planning Commission at its Regular Meeting of July 7, 1994 by Resolution No. 13719 and is contained in Board of Supervisors File No. 115-94-10.

(d) Treatment of Stone Surfaces. Numerous structures in the Historic District exhibit stone, terra cotta, or brick exterior surfacing. Proposed treatment of said masonry surfaces with any acid wash, sandblasting, high pressure wash or other abrasive methods is discouraged as such abrasive treatments can severely damage historic masonry surfaces. (Added by Ord. 413-94, App. 12/23/94)

SEC. 10. CERTIFICATE OF APPROPRIATENESS APPLICABILITY FOR ALTERATIONS TO EXCEPTIONALLY SIGNIFICANT INTERIOR PUBLIC SPACES.

Pursuant to Section 1004(c)(1) of the City Planning Code, proposed alterations to exceptionally significant interiors of the following publicly owned buildings shall require a Certificate of Appropriateness:

(a) San Francisco City Hall, 400 Van Ness Avenue (City Landmark No. 21 and a Contributory Building to the Historic District) shall comply with Sections 1006 and 1006.8(e) for any construction or alteration which requires a building

permit for the following exceptionally significant interior public spaces which shall be designated and shall include: the Board of Supervisor's Chambers (Room C200); the Rotunda; and the Mayor's Office (Rooms D200, D205 and D209) including the Reception Room, inner corridors and offices and the Chief Administrator's Officers (C.A.O.'s) Offices (Room 289) which were previously designated under Ordinance No. 16-70, effective date, March 13, 1970.

(b) The Main Library, 200 Larkin Street, a Contributory Building to the Historic District. The following exceptionally significant interior public spaces shall be designated: the Monumental Grand Staircase (Room S101), the Main Entrance Hall and Vestibule, (Rooms 101 and 191); the Monumental Public Corridors and Balcony Spaces including the Gottardo Piazzoni Murals in Public Corridor 290 (Rooms 190, 192, 193, 290 and 291A); and the Main Program Spaces (Rooms 200, 201, 202, 203, 210 and 218).

llowing exceptionally significant interior public spaces shall be designated: the Monumental Grand Staircase (Room S101), the Main Entrance Hall and Vestibule, (Rooms 101 and 191); the Monumental Public Corridors and Balcony Spaces including the Gottardo Piazzoni Murals in Public Corridor 290 (Rooms 190, 192, 193, 290 and 291A); and the Main Program Spaces (Rooms 200, 201, 202, 203, 210 and 218).

(c) The Public Health Department, 101 Grove Street, a Contributory Building to the Historic District. The following exceptionally significant interior public spaces shall be designated: the Main Entry and Elevator Lobby; the Marble Lined Corridors (All Floors) and the Third Floor Board Meeting Room/Auditorium.

(d) No other sites, buildings, structures and objects have exceptionally significant interior public spaces and would be subject to this Section.

(Added by Ord. 413-94, App. 12/23/94)

SEC. 11. SIGNIFICANCE OF INDIVIDUAL BUILDINGS TO THE HISTORIC DISTRICT.

The history of each parcel within the Historic District is documented in Appendix A: Survey of Parcels, and is included in the San Francisco Civic Center Historic District Case Report as readopted by the Landmarks Board on October 6, 1993 by Resolution No. 454 and as amended and readopted by the City Planning Commission on July 7, 1994 by Resolution No. 13719 and is located in Board of Supervisors File No. 115-94-10.

Each building is assigned a finding from the three following categories:

1. Contributory.This category identifies buildings which date from the Historic District's period of significance (1906 to 1936) which reflect a Beaux Arts style and which retain their historic and architectural integrity. These structures are of the highest importance in maintaining the character of the Historic District. Recognizing the unique character of this Historic District which is derived from its expression of an historic plan, some structures within the Historic District may date from the Historic District's period of significance but do not contribute to the intended original plan in their architecture, detailing, height or scale. Such buildings are designated noncontributory and may be considered for replacement with structures designed in a monumental style and manner which would complete the San Francisco Civic Center Plan as originally conceived.

ic District may date from the Historic District's period of significance but do not contribute to the intended original plan in their architecture, detailing, height or scale. Such buildings are designated noncontributory and may be considered for replacement with structures designed in a monumental style and manner which would complete the San Francisco Civic Center Plan as originally conceived.

The following buildings are deemed Contributory to the Historic District: Newton Tharp Commercial High School, 170 Fell Street, Lot 1 within Assessor's Block 815; (a portion of Landmark No. 140), Federal Building, 50 Fulton Street, (50 United Nations Plaza) Lot 35 within Assessor's Block 351; Exposition Auditorium, 99 Grove Street, Assessor's Block 812; Department of Public Health, 101 Grove Street/50 Ivy/Lech Walesa Street, Lot 1 in Assessor's Block 811; San Francisco Public Library, 200 Larkin Street, Lot 1 in Assessor's Block 353; Orpheum Theater Building, 1182 - 92 Market Street, Lot 22 in Assessor's Block 351; 1212 Market Street, Lot 3 in Assessor's Block 355; 1240 - 1242 Market Street, Lot 6 in Assessor's Block 355; Hotel Avalon, 1272 - 1276 Market Street, Lot 9 in Assessor's Block 355; 1278 - 1298 Market Street, Lot 10 in Assessor's Block 355; Methodist Book Concern, 83 McAllister Street, Lot 32 in Assessor's Block 351; Old State Office Building, 50 McAllister Street, Lot 2 in Assessor's Block 765; Barbara Apartments, 580 McAllister Street, Lot 8 in Assessor's Block 767; 1 United Nations Plaza (35 - 57 Fulton Street); Lot 37 in Assessor's Block 351; the High School of Commerce, 135 Van Ness Avenue, (a portion of Landmark No. 140), Lot 1 in Assessor's Block 815; War Memorial Opera House, 301 Van Ness Avenue (a portion of Landmark No. 84), Lot 1 in Assessor's Block 786; San Francisco City Hall, 400 Van Ness Avenue (Landmark No. 21), Lot 1 in Assessor's Block 787; War Memorial Veteran's Building, 401 Van Ness Avenue (a portion of Landmark No. 84), Lot 1 in Assessor's Block 786; and, the Corinthian Court Apartments, 500 - 524 Van Ness Avenue, Lot 6 in Assessor's Block 766.

2. Contributory/Altered.This category identifies buildings which date from the Historic District's period of significance and have had alterations as detailed on page 22 of the San Francisco Civic Center Historic District Case Report located in Board of Supervisors File No. 115-94-10. Appropriate restoration of such buildings is encouraged, though in certain situations (see No. 1 above) their demolition and replacement may be more appropriate in order to achieve completion of the original San Francisco Civic Center plan. Such replacement should adhere to any Civic Center Urban Design Guidelines adopted by the City Planning Commission.

n Board of Supervisors File No. 115-94-10. Appropriate restoration of such buildings is encouraged, though in certain situations (see No. 1 above) their demolition and replacement may be more appropriate in order to achieve completion of the original San Francisco Civic Center plan. Such replacement should adhere to any Civic Center Urban Design Guidelines adopted by the City Planning Commission.

The following buildings shall be deemed Contributory/Altered within the Historic District: Marye Building, 12001208 Market Street, Lot 15 in Assessor's Block 355; 1220-1232 Market Street (29 Grove Street), Lot 4 in Assessor's Block 355; 1236 Market Street (37 - 39 Grove Street), Lot 5 in Assessor's Block 355; the Wells Fargo Building, 1256 - 1264 Market Street, Lot 8 in Assessor's Block 355. The following site shall also be deemed Contributory/Altered within the Historic District: Civic Center Plaza, being all of Block 788.

3. Noncontributory.This category identifies buildings which post-date the Historic District's period of significance or have had their integrity compromised by inappropriate alterations as detailed on page 21 of the San Francisco Civic Center Historic District Case Report. Demolition permit applications for these buildings will be processed without reference to the suspension provisions of Article 10. Alterations to Noncontributory buildings will require Certificate of Appropriateness if determined to be a major alteration in order to minimize conflicts with the historic character of the Historic District. Replacement buildings should adhere to Civic Center Urban Design Guidelines adopted by the City Planning Commission.

The remaining buildings shall also be deemed to be Noncontributory within the Historic District: California State Courts Building, 455 Golden Gate Avenue, Lot 3 within Assessor's Block 765; vacant lot, 41 - 47 Grove Street, Lot 12 in Assessor's Block 355; vacant lot, southeast corner of Grove Street at Larkin Street, Lot 11 in Assessor's Block 355; vacant lot, 165 Grove Street, Lot 21 in Assessor's Block 811; Library Annex, 45 Hyde Street, Lot 1 in Assessor's Block 353; the New Main Library, 100 Larkin Street, Lot 1 in Assessor's Block 354; 1170 Market Street, Lot 51 in Assessor's Block 351; 1220 - 1232 Market Street (29 Grove Street), Lot 4 in Assessor's Block 355; 1236 Market Street (37 - 39 Grove Street), Lot 5 in Assessor's Block 355; 1244-1254 Market Street, Lot 7 in Assessor's Block 355; 77 - 79 McAllister Street, Lot 33 in Assessor's Block 351; 456 McAllister Street., Lot 4 in Assessor's Block 766; 460 McAllister Street, Lot 5 in Assessor's Block 766; vacant lot, 401 Polk Street, Lot 2 in Assessor's Block 766; 10 United Nations Plaza, Lot 50 in Assessor's Block 351; Louise M. Davies Symphony Hall, 201 Van Ness Avenue, Lot 1 in Assessor's Block 810; 234 Van Ness Avenue, Lot 18 in Assessor's Block 811; 240 Van Ness Avenue, Lot 19 in Assessor's Block 811 and the Edmund G. Brown State Office Building, 501 Van Ness Avenue, Assessor's Block 767.

66; vacant lot, 401 Polk Street, Lot 2 in Assessor's Block 766; 10 United Nations Plaza, Lot 50 in Assessor's Block 351; Louise M. Davies Symphony Hall, 201 Van Ness Avenue, Lot 1 in Assessor's Block 810; 234 Van Ness Avenue, Lot 18 in Assessor's Block 811; 240 Van Ness Avenue, Lot 19 in Assessor's Block 811 and the Edmund G. Brown State Office Building, 501 Van Ness Avenue, Assessor's Block 767.

The Board of Supervisors, through the adoption of this ordinance, shall deem 450 McAllister Street, Lot 3 in Assessor's Block 766, the Civic Center Powerhouse, 320 Larkin Street (298 McAllister Street) Lot 8 in Assessor's Block 347, the San Francisco Art Commission Gallery, 155 Grove Street, Lot 16 in Assessor's Block 811 and the Church of Christ Building, 171-195 Grove Street, Lot 20 in Assessor's Block 811 as Noncontributory buildings. Any replacement building should adhere to Civic Center Urban Design Guidelines adopted by the City Planning Commission. (Added by Ord. 413-94, App. 12/23/94)

SEC. 12. CERTIFICATES OF APPROPRIATENESS FOR CITY HALL ALTERATIONS.

Section 1006.8(e) of the City Planning Code describes the process for review of Certificate of Appropriateness applications proposing alterations to City Hall, Landmark No. 21. Nothing in this legislation shall be construed to amend said Section 1006.8(e). Said process shall serve to meet the Certificate of Appropriateness requirement for City Hall by its inclusion in this Historic District.

(Added by Ord. 413-94, App. 12/23/94)

SEC. 13. PAINT COLOR.

Nothing in this legislation shall be construed to regulate paint colors within the Historic District. Painting of previously unpainted masonry and stone surfaces is discouraged. (Added by Ord. 413-94, App. 12/23/94)

APPENDIX K TO ARTICLE 10 - BUSH STREET - COTTAGE ROW HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Bush Street - Cottage Row Historic District contains a number of structures having a special character and special historical, architectural and aesthetic interest and value and constitutes a distinct section of the City. The Board of Supervisors further finds the designation of the said area as an Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the City Planning Code and the standards set forth therein, and that the preservation on an areas basis rather than on the basis of the individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the City Planning Code, to promote the health, safety and general welfare of the public. (Added by Ord. 324-91, App. 9/4/91)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the City Planning Code, Chapter II, Part II of the San Francisco Municipal Code, the Bush Street - Cottage Row Historic District is hereby designated as an Historic District, this designation having been duly approved by resolution of the City Planning Commission.

(Added by Ord. 324-91, App. 9/4/91)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Bush Street - Cottage Row Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors under File 115-91-8, which Map is hereby incorporated herein as though fully set forth.

(Added by Ord. 324-91, App. 9/4/91)

SEC. 4. RELATION TO REDEVELOPMENT PLAN FOR THE WESTERN ADDITION A-2 PROJECT AREA.

Nothing in this Ordinance shall supersede, impair or modify any provisions of the Redevelopment Plan for the Western Addition Redevelopment A-2 Project Area which are applicable to property located in such Redevelopment Project Area and designated part of this Bush Street - Cottage Row Historic District. Procedures found in Planning Code Article 10 shall not apply to the Bush Street - Cottage Row Historic District as long as the Western Addition A-2 Project Area Redevelopment Plan is in effect. The Board of Supervisors urges the San Francisco Redevelopment Agency to work cooperatively with the Landmarks Preservation Advisory Board on proposed exterior alterations within the Bush Street - Cottage Row Historic District.

(Added by Ord. 324-91, App. 9/4/91)

SEC. 5. STATEMENT OF SIGNIFICANCE.

The Bush Street - Cottage Row Historic District is a remarkably intact group of architecturally consistent Italianate and Stick residential buildings constructed between 1870 and about 1885. It demonstrates several different modes of

speculative housing during those years, from the mass builder The Real Estate Associates, which developed whole square blocks, through investors John H. Smyth and Charles L. Taylor, who built houses to hold and rent out for income, to the single homeowner. This District is rated high on local surveys and is listed in the National Register of Historic Places. The Bush Street - Cottage Row Historic District comprises 22 residences, a walkway and a small park. There is continuity of height and setback; houses step downhill evenly from the northeast to conform with the land contour; lots are narrow and deep. Almost all the houses were developed in four groups, so that six on Bush Street are essentially identical to each other, as are three different ones on Bush Street, two on Sutter Street and six on Cottage Row. All are two-story frame structures of Italianate or early Stick Style, with channel rustic siding, double-hung windows and paneled entry recess. They are tall, narrow buildings with tall, narrow openings balanced by heavy, bracketed cornices on patently false fronts. All except Cottage Row have bay windows on facade or rear.

ferent ones on Bush Street, two on Sutter Street and six on Cottage Row. All are two-story frame structures of Italianate or early Stick Style, with channel rustic siding, double-hung windows and paneled entry recess. They are tall, narrow buildings with tall, narrow openings balanced by heavy, bracketed cornices on patently false fronts. All except Cottage Row have bay windows on facade or rear.

Since they were originally built, the houses continued to be used as residences, with some alteration due to subdivision into units. At least two residences were resurfaced, and one of these has been restored. The walkway of Cottage row continued until 1944 as part of a single piece of private property with 2109 - 2113 Bush Street and 1 - 6 Cottage Row. The Cottage Row houses were separated into individual ownerships gradually from 1956 - 1967, and only on the last date was the walkway singled out as an individual holding separate from any house. Taylor himself had chosen the name "Cottage Row," which was listed among San Francisco's streets as early as the 1886 Directory. In the 1930s the walkway was

popularly called "Japan Street," because the entire District was inhabited by Japanese-Americans until their internment during World War II. In the tiny rear yards of Cottage Row they grew vegetables, which they offered for public sale at an informal weekly open market held every Saturday along the Row. (Added by Ord. 324-91, App. 9/4/91)

SEC. 6. FEATURES OF EXISTING BUILDINGS.

1. Overall Form and Continuity.The massing of the existing buildings relates to the topographical contour of the site, and is compatible with the adjacent area.

2. Scale and Proportion.Buildings in the District relate to the height and setback of the structures immediately adjacent and in the general area, contained within an envelope that slopes upward or downward with the slope of the properties.

3. Fenestration.Existing fenestration is predominantly double-hung wooden sash and is proportionate and in scale with 19th century stylistic patterns within the District.

4. Materials.Horizontal rustic wood siding is the traditional cladding material in the District.

5. Detail.Detailing found in the district usually follows simple, straightforward Italianate or Stick Style forms. (Added by Ord. 324-91, App. 9/4/91)

SEC. 7. ADDITIONAL PROVISIONS FOR CERTIFICATES OF APPROPRIATENESS.

The following provisions shall apply to all applications for Certificates of Appropriateness in the Bush Street-Cottage Row Historic District in addition to the procedures, requirements, controls and standards of Article 10 and this Code. If any conflict or inconsistency between the following provisions and Article 10 arises, the procedures, requirements, controls and standards affording stricter protection to the landmark, landmark site, or Historic District shall prevail.

propriateness in the Bush Street-Cottage Row Historic District in addition to the procedures, requirements, controls and standards of Article 10 and this Code. If any conflict or inconsistency between the following provisions and Article 10 arises, the procedures, requirements, controls and standards affording stricter protection to the landmark, landmark site, or Historic District shall prevail.

A. Character of the Historic District. The standards for review of all applications for Certificates of Appropriateness are set forth in Section 1006.7 of Article 10. For purposes of review pursuant to these standards, the character of the Historic District shall mean the exterior architectural features, Cottage Row right-of-way, and the Cottage Row Mini Park of the Bush Street-Cottage Row Historic District described in Section 6.

B. Exterior Changes Requiring Approval. A Certificate of Appropriateness shall be required for all exterior changes within the Historic District that are visible from a public street, the Cottage Row right-of-way, or the Cottage Row Mini

Park. Such exterior changes requiring approval shall include, but not be limited to, the installation or replacement of fences, retaining walls, windows, security grates, lighting fixtures, and other building features visible from the public way. C. Additions, Alterations, or New Construction. Additions, exterior alterations, and new construction shall be compatible with the scale, architectural details, fenestration, and materials of the District as described in this Appendix K. Any new work shall be compatible with the historic materials, features, size, scale, proportions and massing. New or replacement fences shall be compatible with the scale, height, materials, details, and topography of the Historic District.

D. Street and Park Furniture. Any new or replacement street or park furniture, including but not limited to light fixtures and trash receptacles, shall require a Certificate of Appropriateness.

E. Nothing in this legislation shall be construed to regulate paint colors within the Historic District. (Added by Ord. 148-09, File No. 081251, App. 7/10/2009)

SEC. 8. SIGNIFICANCE OF INDIVIDUAL BUILDINGS TO THE HISTORIC DISTRICT.

The history of each parcel within the Historic District is documented on survey worksheets (Appendix A to the Bush Street - Cottage Row Historic District Case Report No. 90.288L). This classification of buildings in the Historic District is delineated in the Case Report No. 90.288L. Each building is designated as follows:

(1) Contributory. This category identifies buildings which date from the Historic District's period of significance and retain their historic integrity. These structures are of the highest importance in maintaining the character of the Historic District. All buildings identified within this Historic District are Contributory to the Historic District.

(2) Noncontributory. This category identifies buildings or vacant lots which are outside or are not relevant to the Historic District's period of significance or are so significantly altered that they have lost their historic integrity. Construction of new buildings on a demolished or vacant sites and additions to or major alteration of Noncontributory buildings should be compatible with the character of the Historic District. Vacant parcels, including the City-owned rightof-way known as Cottage Row (Lot 46) and the City-owned Mini Park (Lot 12), are both rated Noncontributory. (Added by Ord. 324-91, App. 9/4/91)

APPENDIX L TO ARTICLE 10 - DOGPATCH HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Dogpatch Historic District contains a number of structures having a special character and special historical, architectural and aesthetic interest and value, and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as an Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the Planning Code, to promote the health, safety and general welfare of the public. (Added by Ord. 66-03, File No. 020972, App. 4/18/2003)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the Planning Code, the Dogpatch Historic District is hereby designated as an Historic District, this designation having been duly approved by Resolution No. 16518 of the Planning Commission and Resolution No. 558 of the Land-marks Preservation Advisory Board which Resolutions are on file with the Clerk of the

Board of Supervisors under File No. 030203 and which Resolutions are incorporated herein and made part hereof as though fully set forth.

(Added by Ord. 66-03, File No. 020972, App. 4/18/2003)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Dogpatch Historic District are generally found between Indiana and Third Streets, odd and even addresses, from 18th to Tubbs Streets, Blocks/Lots: 3996/4 - 7; 4043/1 - 5, 5A, 6, 11B, 14, 15, 16; 4060/1, 4, 6 - 63; 4106/1A, 2 - 5, 5A, 6 - 9, 9A, 10 - 15; 4107/1B, 2A, 2B, 2C, 2E, 2F, 2G, 2H, 2I, 2J, 2K, 2L, 2M, 2N, 3 - 23, 26 - 57; 4108/1, 3A, 3C, 3D, 3E, 3G, 3H, 3O, 3P, 4, 5, 6, 8 - 14, 14A, 15, 17 - 21; 4171/1 - 7, 14, 15, 17; 4172/1, 2, 3, 15, 16, 18, 18A, 19, 20, 21, 25, 27, 28, 29, 32, 34, 34A, 34B, 35, 36, 41, 44 - 53, and shall be as designated on the Dogpatch Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 020972, which Map is hereby incorporated herein as though fully set forth.

(Added by Ord. 66-03, File No. 020972, App. 4/18/2003)

SEC. 4. RELATION TO PLANNING CODE AND THE PROVISIONS OF THE CHARTER OF THE CITY AND COUNTY OF SAN FRANCISCO.

(a) Article 10 of the Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any Planning Code provisions applicable to property in the Dogpatch Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

(Added by Ord. 66-03, File No. 020972, App. 4/18/2003)

SEC. 5. STATEMENT OF SIGNIFICANCE.

The Dogpatch Historic District possesses a unique place and significance in the areas of architecture, history, and environment worthy of protection as an historic district. Dogpatch is an approximately nine-block enclave of industrial workers' housing located east of Potrero Hill, in San Francisco's Central Waterfront district. The neighborhood is comprised of almost one-hundred flats and cottages, as well as several industrial, commercial, and civic buildings, most of which were erected between 1870 and 1930.

The neighborhood is significant under National Register Criterion A (Events/Patterns of History) and Criterion C (Design/Construction). The neighborhood is significant at the local level under Criterion A (Events/Patterns of History), within the category of Industry, as the oldest and most intact concentration of industrial workers' housing in San Francisco. No other district of San Francisco or California was industrialized to the degree of Potrero Point during the last quarter of the 19th Century. The shipyards and other maritime-related industries of Potrero Point required a steady supply of inexpensive immigrant labor in an area that was geographically cut off from the rest of the City. Local developers and landholders, including Santa Fe Land Improvement Company, responded to this need by constructing rows of inexpensive cottages and selling individual parcels to laborers and their families, allowing the neighborhood to develop as an informal company town. Dogpatch is also significant at the local level under Criterion A (Events/Patterns of History), within the category of Exploration/Settlement, as the first housing developed in the Potrero District. Initially developed in the early 1870s, Dogpatch became the nucleus of the Potrero District that would evolve after the 1906 earthquake. Finally, Dogpatch is significant under Criterion C (Design/Construction), within the category of Architecture, as a moderately intact district of mostly Victorian and Edwardian-era workers' dwellings constructed between 1870 and 1910. Residences

otrero District. Initially developed in the early 1870s, Dogpatch became the nucleus of the Potrero District that would evolve after the 1906 earthquake. Finally, Dogpatch is significant under Criterion C (Design/Construction), within the category of Architecture, as a moderately intact district of mostly Victorian and Edwardian-era workers' dwellings constructed between 1870 and 1910. Residences

within the district reflect vernacular forms of architectural styles that were prevalent throughout the country, including Greek Revival, Queen Anne, Italianate, Eastlake and Classical Revival styles, or combinations thereof. The district has several clusters, and pairs of identical dwellings, including a group of thirteen identical Eastlake-style cottages based on the plans of San Francisco architect John Cotter Pelton, Jr. While the significance of Union Iron Works/Bethlehem Steel is national in scope, the significance of Dogpatch under this criterion remains local.

The period of significance for the district dates from 1867, the opening of Long Bridge and the beginning of construction in the neighborhood, to 1945, the end of World War II. Additional historic information may be found in the Dogpatch Historic District Designation Report, which is hereby incorporated herein as though fully set forth. This document is on file at the Planning Department under Case No. 2002.99775L. (Added by Ord. 66-03, File No. 020972, App. 4/18/2003)

SEC. 6. FEATURES.

(a) Residential - Features of Existing Buildings.

1. Overall Form and Continuity.Building height is generally within a three-story range, with a substantial number of structures built at one or two stories in height. The majority of structures have been either elevated or altered to allow for the construction of a garage level at grade. However, despite these and other alterations, the majority of residences in the district retain their historic integrity. Residential buildings are generally set back an average of 10 feet from the public right-of-way.

2. Scale and Proportion.The buildings vary in height, bulk, scale and proportion. The width of lots in Dogpatch range from single lots of 20 feet to 40 feet for larger lots. Early homes in Dogpatch constructed circa 1870 were designed in a vernacular style with Greek Revival influences. Later homes continued in the Greek Revival form, but were joined by homes designed in the Queen Anne, Italianate and Classical Revival styles, as well as the Eastlake-styled Pelton Cottages. Multi-story residences are large in bulk, often as great as 3,500 square feet. Smaller cottage-size structures, typically 800 square feet, are well scaled to the smaller lots.

3. Fenestration.Existing fenestration consists of predominantly double-hung, wood sash windows that are vertical in orientation. Residential buildings feature a fairly symmetrical and regular pattern of windows with consistent dimensions along primary facades. Generally, the size and shape of window openings have not been altered over time.

4. Materials.Horizontal rustic wood siding is the traditional cladding material found in the district. However, fishscale wood shingles and asbestos siding are also found throughout the district.

5. Design Features.Recessed porches and entry porticos are characteristic design features of the district.

6. Architectural Detail.Architectural detail found in the district usually follows transitional elements associated with the Greek Revival, Eastlake, Queen Anne, Italianate and Classical Revival architectural styles.

(b) Industrial/Commercial - Features of Existing Buildings.

1. Overall Form and Continuity.Building height is generally within a four-story range and many of the

industrial/commercial structures are one or two stories in height. Typically, these buildings are constructed closer to the property line than the residential structures found in the district.

2. Scale and Proportion.The buildings are of typical warehouse design, large in bulk, often with large, ground level openings originally designed for rail or vehicular access. Industrial/commercial structures are found throughout the district, often surrounded by residential buildings. While gaps may exists, because of height, bulk and setback, there is regularity to the overall form of industrial/commercial buildings. A small cluster of brick and stucco public buildings (police, fire, and hospital) are easily recognizable from other industrial/commercial structures found in the district. These resources, while offering a different scale and proportion, are compatible with the plain reinforced concrete and brickfaced structures characteristic of 20th century industrial architecture.

3. Fenestration.For the most part, the district's industrial/commercial buildings lack strong fenestration patterns, which typically are not supportive of a warehouse function. Windows exist near entrances and in some cases, offer small

storefronts to display products. Early 20th century warehouse buildings were often constructed with office spaces above warehouse functions. In this case, double-hung, residential-type windows can be found. Larger industrial, metal sash windows are prevalent on commercial buildings built after 1920. Door openings are often massive to facilitate easy access of bulk materials.

4. Materials.Standard brick masonry is found on the older industrial/commercial buildings in the district; reinforced concrete was introduced as a cladding material following the earthquake and fire of 1906. Concrete block and stucco are also found on some 20th century, industrial/commercial buildings.

5. Color.Red brick is typical, with some yellow and painted brick. Muted earth tones of red, brown, green, gray, and blue are found on reinforced concrete, concrete block, and stucco-faced buildings.

6. Texture.Typical facing materials give both a rough textured or smooth appearance, depending on the cladding material.

7. Architectural Detail.Industrial and commercial buildings typically lack ornamentation. Warehouses by their very nature are utilitarian; warehouses constructed towards the end of the Dogpatch Historic District period of significance (1943) have even less ornamentation than older counterparts. Cornices are simple and may be abstract versions of more elaborate cornices found on larger, commercial structures in San Francisco's Financial District. Where detail occurs, it is often found surrounding entryways to industrial/commercial buildings.

(Added by Ord. 66-03, File No. 020972, App. 4/18/2003)

SEC. 7. STANDARDS FOR REVIEW OF APPLICATIONS.

Any exterior change within the Dogpatch Historic District shall require a Certificate of Appropriateness, pursuant to the provisions of Article 10, when such work requires a City permit. The procedures, requirements, controls and standards of Article 10 of the Planning Code shall apply to all applications for Certificates of Appropriateness in the Dogpatch Historic District. In addition, the following specific standards for review shall apply to all applications for Certificates of Appropriateness. In the event of any conflict or inconsistency between the provisions set forth below and Article 10, those procedures, requirements, controls and standards affording stricter protection to the Historic District shall prevail.

(a) Character of the Historic District. The general standards for review of all applications for Certificates of Appropriateness are as set forth in Article 10. For purposes of review pursuant to said standards, the character of said Historic District shall mean the features of the Dogpatch Historic District referred to and described in Section 6 of this ordinance. For projects on buildings that have been previously compromised by incompatible alterations or additions, proposed exterior changes which bring these buildings closer to their original, historic appearance and make the buildings more in conformity with the character of the district are encouraged.

(b) Residential - Alterations and New Construction. Exterior alterations or new additions to a contributory or noncontributory residential resource in the Dogpatch Historic District shall not destroy historic materials that characterize the resource or its environs. New additions, exterior alterations, or related new construction shall not destroy historic materials, features and spatial relationships that characterize the property. Any new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment, and must conform to the following provisions:

1. False Historicism.False historicism and the conjectural replication of historic styles and details is discouraged; if restoration is the selected alteration approach, historic documentation through original architectural plans, historic

photographs, or physical investigation will be required. Where original plans or historic photographs are unavailable, close physical examination of the building and existing scar traces, along with a comparison to buildings of the same age and style in the neighborhood, may be sufficient to reveal evidence necessary to guide the restoration.

2. Materials.Horizontal rustic wood siding is the traditional cladding material in the district and its use is encouraged over other cladding materials, including wood shingles (except where appropriate).

3. Fenestration.Fenestration should be proportionate and in scale with traditional patterns within the district. Doublehung wood sash windows are encouraged over vinyl or metal sash windows. "Slider" windows of vinyl or aluminum construction are discouraged, especially on primary facades. True divided lites, rather than snap-in or faux muntins, are encouraged when divided lite wood windows are appropriate.

4. Style.New construction in a contemporary, yet compatible, idiom is encouraged.

5. Scale and Proportion.New construction must be compatible with the massing, size, scale and architectural details of residential resources found in the district.

6. Setbacks.New construction should conform to existing setback patterns found in the district.

7. Roofline.Gabled roof forms and raised parapets are encouraged on new construction.

8. Detailing.Detailing on new construction should relate to the simple, traditional vernacular forms found in the district.

(c) Industrial/Commercial - Alterations and New Construction. Exterior alterations or new additions to a

contributory or non-contributory industrial/commercial resource in the Dogpatch Historic District shall not destroy historic materials that characterize the resource or its environs. New additions, exterior alterations, or related new construction shall not destroy historic materials, features and spatial relationships that characterize the property. Any new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and

proportion, and massing to protect the integrity of the property and its environment, and must conform to the following provisions:

1. Materials.The traditional cladding materials of industrial/commercial structures found in the district are brick, reinforced concrete, cinder block, and stucco; they are encouraged over other cladding materials.

2. Fenestration.Fenestration should be proportionate and in scale with traditional patterns within the district. Wood or metal sash windows are encouraged, while"slider" windows of vinyl or aluminum construction on either industrial or commercial buildings are discouraged.

3. Roofline.Flat roof forms are encouraged on industrial and/or commercial structures; gabled roof forms may be appropriate for commercial structures that include residential upper floors.

4. Parapets.Raised parapets are typically found on industrial and/or commercial structures in the Dogpatch Historic District and are encouraged where appropriate. Parapets should be kept to a minimum height necessary to screen rooftop equipment, or to facilitate characteristic design features.

5. Design Features.The addition of bay windows, porches, balconies or other typically residential features to new or existing industrial/ commercial structures in the district are discouraged. These elements may be appropriate on commercial structures that include residential upper floors.

6. Style.New construction in a contemporary, yet compatible, idiom is encouraged.

7. Scale and Proportion.New construction must be compatible with the massing, size, scale and architectural details of industrial/commercial resources found in the Dogpatch Historic District.

8. Setbacks.New construction should conform to existing setback patterns found in the district.

9. Detailing.Detailing on new construction should relate to the simple, traditional vernacular forms found on industrial/commercial structures in the district.

(d) Ordinary Maintenance and Repair. A Certificate of Appropriateness shall not be required if the work consists of ordinary maintenance and repair, which is defined in Article 10 as any work the sole purpose and effect of which is to correct deterioration, decay or damage, including repair of damage caused by fire or other disaster.

(e) Garages and Garage Doors. The addition of garages at the front elevation of residential buildings shall seek to minimize the physical and visual impacts on the significant architectural features of the existing building. The design of garages and garage doors should be unobtrusive and simple, with an emphasis on minimal size and dimensions of the structure as well as the door opening. Garage doors should be recessed from the garage structure to create an adequate shadow line, with wood being the preferable material. While remaining simple and unobtrusive, the design of the garage

door may relate to the existing residence in material, detail and orientation. Retention of historic side-hinged garage doors is encouraged.

(f) Masonry, Brickwork and Stonework. A Certificate of Appropriateness shall be required for painting previously unpainted masonry, brick or stone exterior surfaces, for cleaning such surfaces with abrasives and/or treatment of such surfaces with waterproofing chemicals. The painting of unpainted masonry, brickwork and stonework is discouraged. Sandblasting and certain chemical treatment detrimental to masonry will not be approved.

(g) Demolition. Demolition of Contributory buildings shall be subject to the maximum controls allowed under Article 10 of the Planning Code. A demolition permit shall not be issued until all other required permits for new replacement construction have been approved. No application for a demolition permit shall be deemed complete until all building permits for the replacement structure, preferably located on the demolition site, have been approved.

shall be subject to the maximum controls allowed under Article 10 of the Planning Code. A demolition permit shall not be issued until all other required permits for new replacement construction have been approved. No application for a demolition permit shall be deemed complete until all building permits for the replacement structure, preferably located on the demolition site, have been approved.

(h) Seismic Upgrade. Seismic upgrades shall seek to minimize the alteration of the significant architectural features of a structure. Proposed Unreinforced Masonry Building (UMB) upgrades should follow the "Architectural Design Guide for Exterior Treatments of Unreinforced Masonry Buildings during Seismic Retrofit," prepared by the American Institute of Architects. When enforcing the terms of this provision during seismic upgrade work, due consideration shall be given to approving modest alterations for seismic upgrade purposes when enforcing the terms of these provisions, for example, the replacement of relatively unobtrusive building elements such as a brick foundation on a wood frame building. (Added by Ord. 66-03, File No. 020972, App. 4/18/2003)

SEC. 8. SIGNIFICANCE OF INDIVIDUAL BUILDINGS TO THE HISTORIC DISTRICT.

An architectural description, building history and evaluation of each parcel within the Historic District is documented on the State of California - Department of Parks and Recreation Primary Record (DPR 523A - descriptive) survey forms and Building, Structure, and Object Record (DPR 523B - evaluative) survey forms. These forms are part of the Dogpatch Historic Resource Survey which was endorsed by the Landmarks Board on October 17, 2001 (Resolution No. 545), and then by the Planning Commission on December 13, 2001 (Resolution No. 16300). These survey forms are hereby incorporated herein as though fully set forth, and is [sic] on file at the Planning Department under Case No. 2002.0775L. It is important to note that street address numbers are subject to change, and that the most reliable, official method for identifying a property within the Historic District is to refer to it by its assigned Assessor Block and Lot number. Each building is assigned to either of the two following categories.

Contributory.This category identifies buildings, which date from the Historic District's period of significance and retain their historic integrity. These structures are of the highest importance in maintaining the character of the Historic District. The category also includes buildings which date from the Historic District's period of significance, but have had their historic integrity compromised by inappropriate alterations. Appropriate restoration of such buildings is encouraged. The maximum suspension period allowable under Article 10 shall be imposed on applications for demolition of Contributory buildings.

ter of the Historic District. The category also includes buildings which date from the Historic District's period of significance, but have had their historic integrity compromised by inappropriate alterations. Appropriate restoration of such buildings is encouraged. The maximum suspension period allowable under Article 10 shall be imposed on applications for demolition of Contributory buildings.

The following buildings are deemed Contributory to the Historic District: 2300 3rd St., 2310 3rd St., 2342 - 44 3rd St., 2476 - 78 3rd St., 2500 - 02 3rd St., 2518 - 20 3rd St., 2620 3rd St., 2624 - 26 3rd St., 2628 - 32 3rd St., 2636 - 38 3rd St., 707 18th St., 700 - 02 22nd St., 714 22nd St., 718 22nd St., 726 - 32 22nd St., 800 - 02 22nd St., 806 22nd St., 807 22nd St., 808 - 10 22nd St., 812 - 14 22nd St., 816 - 18 22nd St., 820 - 24 22nd St., 825 - 29 22nd St., 833 22nd St., 834 - 40 22nd St., 845 & 849 22nd St., 894 - 98 22nd St., 900 - 02 22nd St., 904 - 22 22nd St., 890 - 900 Minnesota St., 903 Minnesota St., 905 Minnesota St., 907 Minnesota St., 909 Minnesota St., 911 Minnesota St., 913 Minnesota St., 914 - 16 Minnesota St., 915 Minnesota St., 917 - 919 Minnesota St., 918 Minnesota St., 920 - 22 Minnesota St., 921 Minnesota St., 923 Minnesota St., 924 - 26 Minnesota St., 930 - 32 Minnesota St., 934 Minnesota St., 944 - 46 Minnesota St., 945 - 47 Minnesota St., 948 - 50 Minnesota St., 949 - 51 Minnesota St., 952 - 54 Minnesota St., 958 Minnesota St., 962 - 64 Minnesota St., 966 - 68 Minnesota St., 972 - 76 Minnesota St., 694 Tennessee St., 700 - 02 Tennessee St., 704 Tennessee St., 712 - 16 Tennessee St., 718 - 20 Tennessee St., 724 - 26 Tennessee St., 730 - 32 Tennessee St., 740 Tennessee St., 800

• 50 Tennessee St., 900 Tennessee St., 909 Tennessee St., 950 Tennessee St., 970 Tennessee St., 997 - 99 Tennessee St., 1002 Tennessee St., 1004 Tennessee St., 1008 Tennessee St., 1010 Tennessee St., 1011 Tennessee St., 1012 Tennessee St., 1014 Tennessee St., 1015 - 21 Tennessee St., 1016 - 18 Tennessee St., 1036 Tennessee St., 1042 Tennessee St., 1045 - 47 Tennessee St., 1049 - 51 Tennessee St., 1053 Tennessee St., 1059 - 1061 Tennessee St., 1060 Tennessee St., 1063 - 65 Tennessee St., 1067 Tennessee St., 1074 - 76 Tennessee St., 1077 - 79 Tennessee St., 1078 - 80 Tennessee St., 1100 Tennessee St., 1101 - 03 Tennessee St., 1104 - 06 Tennessee St., 1105 - 07 Tennessee St., 1108 - 10 Tennessee St., 1109 - 11 Tennessee St., 1112 - 14 Tennessee St., 1113 - 15 Tennessee St., 1116 - 18 Tennessee St., 1133 - 35 Tennessee St., 1139 Tennessee St., 1159 - 63 Tennessee St., 1195 Tennessee St., 1199 Tennessee St.

Noncontributory.This category identifies buildings which postdate the Historic District's period of significance. Demolition permit applications for these buildings will be processed without reference to the suspension provisions of Article 10. Alterations to Noncontributory buildings would require Certificate of Appropriateness review in order to ensure that alterations and new construction would be compatible with the historic character of the District in terms of scale, massing, fenestration, materials and detail.

n permit applications for these buildings will be processed without reference to the suspension provisions of Article 10. Alterations to Noncontributory buildings would require Certificate of Appropriateness review in order to ensure that alterations and new construction would be compatible with the historic character of the District in terms of scale, massing, fenestration, materials and detail.

The remaining buildings shall be deemed to be Noncontributory within the Historic District: 2514 3rd Street, 2604 - 08 3rd Street, 2642 - 46 3rd Street, 795 22nd St., 798 22nd St., 825 Minnesota St., 910 - 12 Minnesota St., 670 - 72 Tennessee St., 674 - 82 Tennessee St., 690 Tennessee St., 748 - 50 Tennessee St., 760 Tennessee St., 780 Tennessee St., 790 Tennessee St., 870 - 90 Tennessee St., 901 Tennessee St., 991 Tennessee St., 993 Tennessee St., 1001 Tennessee St., 1005 Tennessee St., 1006 Tennessee St., 1007 Tennessee St., 1009 Tennessee St., 1025 Tennessee St., 1069 Tennessee St., 1117 - 19 Tennessee St., 1120 - 22 Tennessee St., 1121 - 23 Tennessee St., 1124 - 28 Tennessee St., 1129 - 31 Tennessee St., 1167 - 69 Tennessee St., 1191 - 93 Tennessee St.

(Added by Ord. 66-03, File No. 020972, App. 4/18/2003)

SEC. 9. PAINT COLOR.

Nothing in this legislation shall be construed to regulate paint colors within the District. (Added by Ord. 66-03, File No. 020972, App. 4/18/2003)

SEC. 10. ADDITIONS.

Additions to existing buildings and new infill construction proposed within the Dogpatch Historic District must reflect an understanding of the relationship of the proposal with the contributing buildings within the district. Additions shall be reviewed for compatibility with the historic building and the district while infill constriction shall be reviewed for compatibility with the overall district. Neither should directly imitate nor replicate existing features. For additions, every effort should be made to minimize the visibility of the new structure within the district. Infill construction should reflect the character of the district, including the prevailing heights of contributing buildings without creating a false sense of history. Property owners should consult early in the process with a Planning Department Historic Preservation Technical Specialist when developing a proposal.

Additions will be reviewed on a case-by-case basis and any proposed addition should be located in an inconspicuous location and not result in a radical change to the form or character of the historic building. A vertical addition may be approved, depending on how the addition impacts the building and its relative visibility from the surrounding public rights-of-way within the district. The Planning Department evaluates all proposals for properties identified under Article 10 of the Planning Code for compliance with the Secretary of the Interior's Standards (36 C.F.R. § 67.7 (2001)). Based on these Standards, Department staff uses the following criteria when reviewing proposals for vertical additions:

tive visibility from the surrounding public rights-of-way within the district. The Planning Department evaluates all proposals for properties identified under Article 10 of the Planning Code for compliance with the Secretary of the Interior's Standards (36 C.F.R. § 67.7 (2001)). Based on these Standards, Department staff uses the following criteria when reviewing proposals for vertical additions:

• The structure respects the general size, shape, and scale of the features associated with the property and the district and the structure is connected to the property in a manner that does not alter, change, obscure, damage, or destroy any of the character-defining features of the property and the district.

• The design respects the general historic and architectural characteristics associated with the property and the district without replicating historic styles or elements that will result in creating a false sense of history.

• The materials are compatible with the property or district in general character, color and texture.

As part of the Planning Department review process, the project sponsor shall conduct and submit an analysis that illustrates the relative visibility of a proposed vertical addition from within the district. As part of this analysis, sightline cross-sections and perspective drawings illustrating the proportionality and scale, as well as the visible extent of the addition from prescribed locations should be submitted.

When a district provides an opportunity for new construction through existing vacant parcels or by replacing noncontributing buildings, a sensitive design is of critical importance. Historic buildings within the district should be utilized and referenced for design context. Contemporary design that respects the District's existing character-defining features without replicating historic designs is encouraged. The Department uses the following criteria when reviewing proposals for infill construction:

• The structure respects the general size, shape, and scale of the character-defining features associated with the district and its relationship to the character-defining features of the immediate neighbors and the district.

• The site plan respects the general site characteristics associated with the district.

• The design respects the general character-defining features associated with the district

• The materials are compatible with the district in general character, color, and texture.

• The only instance where a replication of an original design may be appropriate is the replacement of a missing structure in a row of identical houses.

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008)

APPENDIX M TO ARTICLE 10 - MARKET STREET MASONRY HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Market Street Masonry Historic District contains a number of structures having a special character and special historical, architectural and aesthetic interest and value, and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as a Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the Planning Code, to promote the health, safety and general welfare of the public. (Added by Ord. 64-13, File No. 121004, App. 4/17/2013, Eff. 5/17/2013)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the Planning Code, the Market Street Masonry Historic District is hereby designated as a Historic District, this designation having been duly recommended for approval by Resolution No. 690 of the Historic Preservation Commission and comments transmitted by the Planning Commission by Resolution No. 18707, which Resolutions are on file with the Clerk of the Board of Supervisors under File No. 121004 and which Resolutions are incorporated herein and made part hereof as though fully set forth.

(Added by Ord. 64-13, File No. 121004, App. 4/17/2013, Eff. 5/17/2013)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Market Street Masonry Historic District include the following eight (8) buildings and Assessor Parcel Numbers: 150 Franklin Street (Block and Lot No. 0834/012); 20 Franklin Street, aka 1580-1598 Market Street (Block and Lot No. 0836/010); 1649-1651 Market Street (Block and Lot No. 3504/001); 1657 Market Street (Block and Lot No. 3504/046); 1666-1668 Market Street (Block and Lot No. 0854/004); 1670-1680 Market Street (Block and Lot No. 0854/005); 1687 Market Street (Block and Lot No. 3504/040); and 1693-1695 Market Street (Block and Lot No. 3504/038); and shall be as designated on the Market Street Masonry Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors in File No. 121004, which Map is hereby incorporated herein as though fully set forth.

(Added by Ord. 64-13, File No. 121004, App. 4/17/2013, Eff. 5/17/2013)

SEC. 4. RELATION TO PLANNING CODE AND THE PROVISIONS OF THE CHARTER OF THE CITY AND COUNTY OF SAN FRANCISCO.

(a) Article 10 of the Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any Planning Code provisions applicable to property in the Market Street Masonry Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

(Added by Ord. 64-13, File No. 121004, App. 4/17/2013, Eff. 5/17/2013)

SEC. 5. STATEMENT OF SIGNIFICANCE.

Eight architecturally significant buildings located between Franklin and Valencia Streets comprise the Market Street Masonry Historic District. Highly regarded master architects such as August Nordin, G. Albert Lansburgh, Conrad A. Meussdorffer, and George Applegarth worked in the popular revival styles of the early 20th-century such as Classical Revival, Colonial Revival, and Venetian Gothic Revival.

The architects utilized a formal three-part arrangement consisting of a base (often with a commercial storefront), main portion or column (often with residential floors), and decorative top with either a projecting cornice or decorative parapet. All buildings comprising this non-contiguous historic district are three to six stories tall and are fully built out, covering their entire lot. Most are mixed-use with commercial ground floor uses and residential above.

Built between 1911 and 1925, following the 1906 Earthquake and Fire, and responding to new building codes, they influenced the visual transition of San Francisco from a city of wood and brick, to one of brick veneer, concrete, and stucco. Projecting bay windows – a long-standing feature in San Francisco – visually reinforce the vertical emphasis, while increasing the light and air into the interior of many of the buildings. The buildings are executed in earthquake and fire-resistant materials with steel frames, reinforced concrete, brick, and galvanized metal ornament.

While each building is unique, they relate to each other as a group because of the period in which they were constructed, their high-style design, and fire-proof masonry construction. All of the buildings are well-preserved examples and retain character-defining features, such as elaborate metal cornices, pattern brickwork, historic storefronts with glass transom lights, bronze plate glass window frames and decorative bases.

Additional historic information may be found in the Market Street Masonry Historic District Designation Report, which is hereby incorporated herein as though fully set forth. This document is on file at the Planning Department under Case No. 2011.0705L.

(Added by Ord. 64-13, File No. 121004, App. 4/17/2013, Eff. 5/17/2013)

SEC. 6. SIGNIFICANCE OF INDIVIDUAL BUILDINGS TO THE LANDMARK DISTRICT.

A district is usually a single geographic area of contiguous historic properties; however, a district may also be composed of multiple definable significant resources separated by non-significant areas. The Market Street Masonry discontiguous district is composed of eight buildings on four blocks that are spatially discrete. The space between the buildings is not related to the significance of the district. While all buildings can be seen from the intersection of Market and Franklin Streets, the visual continuity is not a factor in the significance. Each of the eight discontiguous buildings are contributory to the Market Street Masonry Historic District.

An architectural description, building history and evaluation of each parcel within the Historic District is documented in the Market Street Masonry Historic District Designation Report and are hereby incorporated herein as though fully set forth. It is important to note that street address numbers are subject to change, and that the most reliable, official method for identifying a property within the Landmark District is to refer to it by its assigned Assessor Block and Lot number. (Added by Ord. 64-13, File No. 121004, App. 4/17/2013, Eff. 5/17/2013)

SEC. 7. FEATURES OF THE DISTRICT AND EXISTING BUILDINGS.

The character-defining features of the Market Street Masonry Historic District include all exterior elevations, including rooflines, of each of the eight buildings. The following section describes in further detail character-defining features of the District and of individual buildings contained therein. Historic District designation is intended to protect and preserve these character-defining features.

(a) Overall Form, Continuity, Scale and Proportion. All buildings are built to the property lines, rise vertically without setbacks, and have flat roofs. Building height is within a three-to-six story range, with one building at three stories, one at four, four at five stories, and two at six stories in height. All buildings in the district retain their historic integrity. The buildings are consistent in height, bulk, scale and proportion.

(b) Fenestration. Existing fenestration consists of predominantly double-hung, wood sash windows that are vertical in orientation; however, industrial steel sash is found, as are awning and casement sash. Buildings feature a symmetrical and regular pattern of windows with consistent dimensions along primary facades. Aside from some ground floor commercial storefronts, the size and shape of window openings have not been altered over time. Replacement window sash that were added to buildings after the period of significance have not gained significance in their own right.

(c) Materials and Finishes. Unpainted brick is the predominant cladding material found in five of the eight buildings in the district; however, painted stucco on concrete is found on three buildings in the district. Galvanized sheet iron is used extensively for decorative features and the cladding of projecting bay windows.

(d) Architectural Details. There are no character-defining interior features or spaces included in this designation. The character-defining exterior features of the buildings are:

(1) 150 Franklin Street. The significant historical and architectural features of 150 Franklin Street are: five-story height and rectangular massing; scored concrete cladding on the raised basement and brick cladding on the upper stories; recessed main entrance with a concrete, segmental arch surround, marble steps, and glazed wood door with sidelights and transom; glass and metal framed curved marquise; fenestration pattern of recessed, semi-hexagonal bays, with doublehung wood sash windows set within galvanized metal surrounds that extend the full height of the building; Classical Revival decorative details, including a basement story separated from the upper stories by a band of Greek key ornament, metal architrave with beveled shield ornaments between the bays, a frieze with brick Flemish diagonal bond ornament, and a deeply projecting metal cornice with dentils, egg and dart molding, drop finials on the soffit, galvanized metal spandrel panels, and geometric fascia ornament with plaques set between the bays on the cornice fascia; and flat root as well as:

• All exterior elevations, architectural details, motifs and rooflines;

• Rectangular massing;

• Projecting metal and glass marquise above the main entry on Franklin Street;

• Exterior cladding including unpainted common bond brick; painted stucco base and terra cotta and/or cast stone water table and bay frames and panels;

• Historic one-over-one wood double hung windows on residential floors; paired wood casement sash at the raised basement; and

• Projecting metal cornice.

(2) 20 Franklin Street, aka 1580-1598 Market Street. The significant historical and architectural features are: sixstory height and E-shaped massing; brick cladding; high vertically divided transoms at the second story level; light wells at second story that are separated from those below and above by metal cornices; light wells fronted by a dentilated triangular pediment supported by Tuscan columns; symmetrical fenestration pattern with flat arch lintels and keystones; sixth floor windows with molded surrounds and label molding; modillion cornice; parapet; and flat root as well as:

• All exterior elevations, architectural details, motifs and rooflines;

• Irregular pentagonal massing at the base, and "E" shaped apartment blocks on upper floors;

• Pediments supported by columns fronting the southern light courts;

• Window openings with double hung sash, historically one-over-one wood double hung sash;

• Unpainted English bond brick on Market and Page Street elevations;

• Brick piers and bases at the glazed storefronts with glass transoms;

• Projecting metal cornice; and

• Flagpole.

(3) 1649 Market Street. The significant historical and architectural features are: five-story height and U-shaped massing; stucco and brick cladding; recessed entrance with glazed wood door, sidelights and transom; wood sash mezzanine windows at several storefronts; distinctive upper story fenestration pattern of modified Chicago-style windows with six-over-one light double-hung wood sash windows separated by spandrel panels with inlaid brick designs; side windows angled to the depth of the building wall; fifth story stucco cladding with an elaborate decorative scheme; slightly arched fifth story window openings with Corinthian columns with embossed patterning on the shafts; sills supported on molded brackets, and recessed panels between windows; a relief panel with a female face surrounded by garlands at the left and right ends of the story; and a metal entablature with dentils and a modillion cornice; as well as:

• All exterior elevations, architectural details, motifs and rooflines;

• Rectangular massing;

• Unpainted Flemish bond brick on Market, Brady and Stevenson Streets;

• Recessed residential entry with marble paneling and beveled divided lights;

• Glazed storefronts with wood divided-light transoms set within embossed metal frames;

• Painted stucco base on Market, Brady and Stevenson Streets;

• Historic six-over-one and nine-over-one wood double hung sash;

• Terra cotta ornament at the fifth floor; and

• Projecting metal cornice.

• (4) 1657 Market Street. The significant historical and architectural features are: five-story height and rectangular

massing; brick cladding; intact lattice transom at the former storefront; multi-story canted bays; approximately fifty percent of the original double-hung, wood-sash windows; paneled spandrels and projecting cornices at the bays; a distinctive fifth story fenestration pattern including a pair of arched window openings with double-hung, wood sash in the left and right bays, and a blind window opening in the center bay, all divided with pilasters, a continuous sill and outlined with coping; and a cornice with dropped brackets and a molded frieze; as well as:

• All exterior elevations, architectural details, motifs and rooflines;

• Rectangular massing;

• Storefront surround with embossed metal ornament, painted stucco base, embossed metal frames, prism glass storefront transom;

• Projecting bay windows supported on scroll brackets;

• Historic one-over-one wood double hung sash; and

• Projecting metal cornice.

(5) 1666-1668 Market Street. The significant historical and architectural features are: height and massing; brick cladding; fenestration pattern with six-over-six light, wood, double-hung sash; Colonial Revival decorative features including arched, recessed entrance in the left (western) bay with Doric columns and divided sidelights and a fanlight transom; upper stories with arched window openings on the second story with infilled, paneled arches; third story with flat lintels and sills; fourth-story with segmental arch lintels and keystones; belt course that separates the fifth story; entablature with triglyphs and medallions on the frieze and a modillion cornice; and parapet topped with a balustrade; as well as:

• All exterior elevations, architectural details, motifs and rooflines;

• Trapezoidal massing;

• Unpainted Flemish bond brick on Market Street; stucco and galvanized metal on Rose Street;

• Storefront enframement of painted molded stucco (the configuration within the enframement is non-historic);

• Historic six-over-six wood double hung sash; and

• Projecting metal cornice and balustrade parapet.

• (6) 1670-1680 Market Street. The significant historical and architectural features are: six-story height and massing;

stucco cladding; storefronts with tiled water tables and window enframements and original wood frame storefront windows and high, divided, straight, transom with arched openings and turned spindle muntins; entry with shouldered, arched opening and a door hood on brackets with a shouldered pediment; upper stories with bay windows in the second, fourth, and sixth bays with paneled spandrels, colonnettes with spiral fluting, and molded friezes; and entablature with molded medallion frieze and modillion cornice; as well as:

• All exterior elevations, architectural details, motifs and rooflines;

• Trapezoidal massing;

• Recessed residential entry with marble step, tiled floor, and wood entry door and transom with wrought iron grilles;

• Glazed storefronts with wooden arched top divided light storefront transoms, tiled piers and bases and retractable awning pockets;

• "Gaffney Building" incised panel above the storefronts;

• Historic wood casement windows with transoms; and

• Projecting metal cornice.

(7) 1687 Market Street. The significant historical and architectural features are identified as follows: two-story with mezzanine/three-story height and massing; stucco cladding; glazed storefronts; deeply recessed entry with tiled floor; wood entry doors with transoms; steel windows with divided-light transoms; stucco moldings framing the facade and between the mezzanine and upper floor; metal tile pent roof and shaped parapet on Market Street; and three levels of industrial divided-light steel sash on Stevenson Street; as well as:

• All exterior elevations, architectural details, motifs and rooflines;

• Rectangular massing;

• Deeply recessed entry with tile floor, mirror, two wood doors and transoms;

• Glazed storefronts with painted stucco bases and no transoms;

• Steel windows with divided light transoms on Market Street; divided light steel industrial sash on Stevenson

Street;

• "Edward McRoskey Mattress Co" incised panel; and

• Shaped parapet with metal tile pent root;

(8) 1693 Market Street. The significant historical and architectural features are: five story height and rectangular massing; combination brick and metal cladding; recessed residential entry at the left bay; four-story continuous canted bays with wood sash awning windows, spandrel panels and fixed, recessed, half-round or square transoms; fire escape at

the central bays on the second through fifth floors; entablature and double, arched parapet with decorative keystones above the first and fourth bays; and a flagpole in the center; as well as:

• All exterior elevations, architectural details, motifs and rooflines;

• Rectangular massing;

• Recessed residential entry with divided-light transom;

• Commercial storefront with painted masonry piers;

• Unpainted stacked and American bond brick above the ground floor;

• Wood awning windows with transoms;

• Metal-clad projecting bay windows;

• Double-arched brick and metal shaped parapet; and

• Flag pole.

(e) Landscape Elements. All properties in the Historic District are built to their respective lot lines, and do not have landscape features. Streets, sidewalks and other public spaces are present in this dense urban environment, but are incidental, rather than integral to the significance of the buildings. Streets and sidewalks are not included as characterdefining features. Public landscape elements are therefore specifically excluded from this designation.

(f) Additional features of the Historic District are documented in the Market Street Masonry Historic District Designation Report within the section entitled "Common Characteristics of Buildings in the Market Street Masonry District," and are hereby incorporated herein as though fully set forth, and are on file at the Planning Department under Case No. 2011.0705L.

(Added by Ord. 64-13, File No. 121004, App. 4/17/2013, Eff. 5/17/2013)

SEC. 8. REVIEW STANDARDS FOR CERTIFICATES OF APPROPRIATENESS.

The standards for review of all applications for Certificates of Appropriateness are as set forth in Section 1006.6 of Article 10 . For the purposes of review under those standards, the "character of the Historic District" shall mean the exterior architectural features of the Market Street Masonry Historic District referred to and described in Section 7 of this Appendix.

The procedures, requirements, controls, and standards in Sections 1005 through 1006.7 of the Planning Code shall apply to all applications for Certificates of Appropriateness in the Market Street Masonry Historic District. In addition to those requirements, the following provisions shall apply to all such applications; in the event of any conflict or inconsistency between the following provisions and Article 10 , those procedures, requirements, controls and standards affording stricter protection to landmarks, landmark sites and the Historic District shall prevail:

(a) A Certificate of Appropriateness shall be required for painting previously unpainted brickwork.

(b) Administrative Certificates of Appropriateness:

(1) Brickwork. An Administrative Certificate of Appropriateness shall be required for cleaning brick surfaces with abrasives or treatment of such surfaces with waterproofing chemicals or anti-graffiti coatings.

(2) Galvanized Metal Ornament. An Administrative Certificate of Appropriateness shall be required for any repair of metal ornament that necessitates its removal from the building in order to carry out such repair.

(3) Signs and Awnings. An Administrative Certificate of Appropriateness shall be required for new tenant signs, signage programs and awnings. Signage programs established for individual buildings with a Notice of Special

Restrictions (NSR) on file may avoid future Administrative Certificates of Appropriateness provided future signs follow the established program. Signs, signage programs and awnings that are compatible in terms of material, location, size, method of attachment, and method of illumination with the building and/or district and meet the following requirements:

(i) Proposal shall not obscure or cover any exterior character-defining features;

• (ii) Proposal includes the removal of any abandoned conduit, outlets, attachment structures, and related equipment;

(iii) All signs shall be constructed out of durable high-quality materials that retain their characteristics within a high-traffic area over time. Poor quality materials that are prone to fading, rapid deterioration, or damage are discouraged;

(iv) Materials shall be compatible with the color, craftsmanship, and finishes associated with the District. Materials shall not have glossy or highly reflective surfaces;

(v) All signage applied to or installed directly behind storefront glass shall not exceed one-third of the glass area;

(vi) Awnings shall be constructed out of cloth or a material similar in appearance and texture to cloth;

(vii) Retractable and operable awnings are encouraged; however, a fixed awning may be acceptable if it expresses the same characteristics as retractable awnings or has a free-moving valance, and does not appear to be rigid, hard, or inflexible;

(viii) All signs shall be attached in a manner that avoids damaging or obscuring any of the character-defining features associated with the subject building;

(ix) For masonry buildings, projecting signs shall be anchored through mortar joints or attached to a non-historic storefront system. All other signs shall be attached in a manner that allows for their removal without adversely impacting the exterior of the subject building.

(4) Exterior Lighting. An Administrative Certificate of Appropriateness shall be required for lighting systems, not otherwise defined as a sign by this Code, whether mounted on the façade of the building or not, the purpose of which is to illuminate the architectural features of the building.

(Added by Ord. 64-13, File No. 121004, App. 4/17/2013, Eff. 5/17/2013)

APPENDIX N TO ARTICLE 10 - DUBOCE PARK HISTORIC DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Duboce Park Historic District contains a number of structures having a special character and special historical, architectural and aesthetic interest and value, and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as an Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the

Planning Code and the standards set forth therein, and that preservation as a district rather than as individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the Planning Code, to promote the health, safety and general welfare of the public. (Added by Ord. 107-13 , File No. 130070, App. 6/13/2013, Eff. 7/13/2013)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the Planning Code, the Duboce Park Historic District is hereby designated as an Article 10 Historic District, this designation having been duly approved by Resolution No. 699 of the Historic Preservation Commission and Resolution No. 18781 of the Planning Commission which Resolutions are on file with the Clerk of the Board of Supervisors under File No. 130070 and which Resolutions are incorporated herein and made part hereof as though fully set forth.

(Added by Ord. 107-13 , File No. 130070, App. 6/13/2013, Eff. 7/13/2013)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Duboce Park Historic District are: the west side of Steiner Street, the south side of Waller Street, the rear property line o lots adjacent to Duboce Park, and the three interior block park entrances at Carmelita, Pierce, and Potomac Streets (with a 10-foot buffer at each set of steps and retaining walls). In addition to the

interior block entrances, the historic district encompasses all lots contained within Assessor's Block 0863, 0864, 0865, and 0866 and shall be as designated on the Duboce Park Historic District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 130070, which Map is hereby incorporated herein as though fully set forth. (Added by Ord. 107-13 , File No. 130070, App. 6/13/2013, Eff. 7/13/2013)

SEC. 4. RELATION TO PLANNING CODE AND THE PROVISIONS OF THE CHARTER OF THE CITY AND COUNTY OF SAN FRANCISCO.

(a) Article 10 of the Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any Planning Code provisions applicable to property in the Duboce Park Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any Planning Code provisions applicable to property in the Duboce Park Historic District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

(Added by Ord. 107-13 , File No. 130070, App. 6/13/2013, Eff. 7/13/2013)

SEC. 5. STATEMENT OF SIGNIFICANCE.

The Duboce Park Historic District is a three-block residential enclave in the Duboce Triangle neighborhood that is immediately adjacent to and shares a common development history with Duboce Park, a small civic park. The district is comprised of 87 residential buildings and the stone steps and Serpentine rock retaining walls at the three interior block park entrances: Carmelita, Pierce, and Potomac Streets. The district is significant for its unusual development history and architectural expression, as described below.

y adjacent to and shares a common development history with Duboce Park, a small civic park. The district is comprised of 87 residential buildings and the stone steps and Serpentine rock retaining walls at the three interior block park entrances: Carmelita, Pierce, and Potomac Streets. The district is significant for its unusual development history and architectural expression, as described below.

The Duboce Park Historic District is significant for the unusual development history of the contested tract of land upon which it was built and the way in which the contested nature of the tract impacted the district's physical appearance and connection to the adjacent park. The tract (formerly known as the Public Reservation, Hospital Lot, and Marion Tract) was subject to a decades-long series of court battles over legal ownership, with the City of San Francisco losing half of its claim to the land to the German Savings and Loan Association in the late 1890s. After acquiring title to half of the tract, the bank subdivided the land, carved out interior block streets, and sold lots to builders who developed the residential portion of the tract. The lots sold quickly and a handful of builders immediately began developing the parcels. Due to the delay in development caused by the litigation, construction dates for the vast majority of contributing resources within the district range from 1899 to approximately 1902. This short period of development and limited number of builders resulted in a remarkably uniform streetscape of Victorian- and Edwardian-era houses and flats of similar design and proportion. The contested nature of the tract, its history as a debris dump, and neighborhood activism and development of the adjacent civic park are key themes linked to the Duboce Park Historic District. One important visible manifestation of this interrelated history is found at the park's northern border – specifically the lack of separation between the park and residential buildings. The district represents the best example of San Francisco's handful of municipal parks that directly abut residential buildings, without any separation of a street or sidewalk. In addition, the historic stone steps and rock retaining walls at the three interior block park entrances – Carmelita, Pierce, and Potomac Streets – reflect the transformation of the City-owned portion of the contested tract from a dumping ground for Serpentine rock rubble to a picturesque, landscaped civic park. Serpentine rock rubble is also found in the foundations of many district buildings. The Duboce Park Historic District is also significant for its architectural expression as a remarkably intact grouping of Victorian- and Edwardian-era residential buildings. The district expresses the distinctive characteristics of late Victorianand Edwardian-era architectural styles, with the Queen Anne style widely represented. Although the district displays a remarkable variety of ornament, unifying design features include asymmetrical and articulated façades, steep roof pitches, the use of multiple textures and wood cladding, and front yard setbacks.

l buildings. The district expresses the distinctive characteristics of late Victorianand Edwardian-era architectural styles, with the Queen Anne style widely represented. Although the district displays a remarkable variety of ornament, unifying design features include asymmetrical and articulated façades, steep roof pitches, the use of multiple textures and wood cladding, and front yard setbacks.

Many of the Queen Anne cottages and flats were developed by Fernando Nelson, a master builder known for his exuberant ornamentation and elaborately applied millwork. Nelson designed and built approximately one half of the district properties, including nearly all of the residences on Carmelita and Pierce Streets. The district represents one of the earliest developments in his 77-year career and is an excellent representation of his effusive interpretation of the Queen Anne style. District features characteristic of Nelson's Victorian-era period include button boards, drips, and donuts; blocky geometric cut-outs above the entry porch; two-sided bay windows; half-circle rows of dentils located in gable ends; and a wavy, stylized quarter-sunburst detailed at the arched entry.

The turn-of-the-century development of buildings within the district often resulted in a rare fusion of Edwardian-era massing with exuberant Victorian-era detailing. It is common in the district for Edwardian-era flats to feature unusually ornamented spandrel panels and decorative friezes and several are capped with the gable roof form more commonly associated with Queen Anne style buildings.

The period of significance for the Duboce Park Historic District dates from 1899 to 1911, inclusive of the known period of construction of all buildings within the district. Additional historic information may be found in the Duboce Park Historic District Designation Report, which is hereby incorporated herein as though fully set forth. This document is on file at the Planning Department under Case No. 2011.0683L.

(Added by Ord. 107-13 , File No. 130070, App. 6/13/2013, Eff. 7/13/2013)

SEC. 6. FEATURES OF THE DISTRICT AND EXISTING BUILDINGS.

The character-defining interior features of buildings in the district are identified as: None.

The character-defining exterior features of buildings in the district are identified as: All exterior elevations and roof lines as described below.

The character-defining landscape elements of the district are identified as: The rustic interior block park entrances at Carmelita, Pierce, and Potomac Streets – which include the historic stone steps, Serpentine rock retaining walls set in a random rubble pattern, and the public rights-of-way within a 10-foot buffer – and the lack of physical separation between the park and adjacent buildings.

The following section describes in further detail the character-defining features of the district and of individual buildings and landscape elements contained therein. Historic district designation is intended to protect and preserve these characterdefining features.

a) Overall Form, Continuity, Scale and Proportion.

Due to the brief period of construction – most buildings were constructed between 1899 and 1902 – and combined involvement of two primary builders, buildings within the district exhibit a remarkable consistency in terms of massing, scale, style, detailing, front yard setback, and feeling.

District buildings are overwhelmingly residential, being composed primarily of single-family dwellings and residential flats. A few multiple-family residences within the district (typically located on street corners) also include a commercial use at the street level.

Buildings in the district range from 1½ story-over-basement to four stories in height, with two and three stories predominating. The district's largest single-family residences and flats were built on corner lots directly adjacent to the Park. These buildings are typically two- to three- stories in height and feature consistent detailing on the primary, Parkfacing, and rear façades.

Generally speaking, the buildings fronting Carmelita, Pierce and Potomac Streets were originally constructed as one- or two-family dwellings, while flats dominated the lots facing Waller and Steiner Streets. Mid-block buildings are typically smaller than those constructed at the corners or on Waller and Steiner streets and are more likely to draw from Victorianera form and massing such as prominent gabled roof forms and asymmetrical massing at the primary façade. Though consistent in massing, single-family buildings on Potomac Street feature the greatest variety of roof forms, including gable, hipped, cross-gable, and one building with a side gable roof form and small eyebrow dormers.

Buildings located along the interior blocks feature uniform front yard setbacks of approximately nine feet and are often bounded by a low cast stone site wall. The flats buildings on Steiner Street do not feature front yard setbacks; rather, they present a modulated massing of muscular bay windows and deeply recessed entry porticos.

The Queen Anne style buildings present in the district may be subdivided into two basic arrangements: 1½ story-overraised-basement single-family cottages, and 2½ story-over-raised-basement single family dwellings or flats. The buildings tend to conform to a basic plan of a projecting bay on the first floor, flanked by an open porch and entry to the side-with the porch entry often surmounted by spindle work or decorative porch brackets. Roof forms are hipped or steeply pitched front-facing gables. Slightly projecting second story overhangs are common.

Edwardian-era flats building are three stories-over-basement in height with wide projecting structural window bays, featuring angled- or bent-sash windows. The roofline of Edwardian-era flats buildings feature projecting cornices that follow the profiles of the primary façades. The buildings are typically topped with flat roofs, though several feature gable roof forms. Massing is symmetrical, except at the first story, where the two structural bays are occupied by a recessed entrance at one side and a projecting bay window at the other.

ash windows. The roofline of Edwardian-era flats buildings feature projecting cornices that follow the profiles of the primary façades. The buildings are typically topped with flat roofs, though several feature gable roof forms. Massing is symmetrical, except at the first story, where the two structural bays are occupied by a recessed entrance at one side and a projecting bay window at the other.

Original roof projections include turrets topped with witch's cap or conical roof forms and small-scale cross-gables atop projecting bay windows. Turrets, found on both Queen Anne and Edwardian-era buildings, are generally located at the corner, adjacent to or embedded within a forward-facing gable. Additionally, several buildings exhibit what appear to be historic dormers. Located on sloped gables, these dormers are small in scale, gabled, and match the ornamentation and fenestration of primary façades.

Although the roof forms – particularly at the non-visible rear façade – of a substantial number of buildings have been altered to incorporate skylights, small dormer windows, fire escapes, or solar panels, these alterations were constructed outside of the Period of significance and have not gained significance in their own right.

Similar roof forms, massing, and setbacks result in a cohesive streetscape of rooflines, entrances, continuous primary façades, and modulated bays. With no visual separation between buildings in the district, the block faces present an overall appearance of attached row-houses; however, with a few exceptions, it is unlikely that buildings feature shared structural walls.

b) Fenestration.

Fenestration is remarkably consistent throughout the district, consisting of vertically oriented double-hung wood sash windows, with ogee lugs, set in wood surrounds. Windows are typically set in wide angled bays with smaller windows set flush with the façade, often adjacent to the primary entry door. Windows surround are typically topped with cornices, occasionally featuring pediments, with ornamented details.

Smaller vertically oriented windows, set in a single, pair, or ganged configuration, are also often located in the tympanum of the Queen Anne style buildings. Tympanums typically have a higher solid-to-void ratio than the lower stories. Several buildings – typically Edwardian-era flats buildings – feature curved wood sash windows set in curved structural bays. Angled or curved bays typically contain three windows, though certain bays of corner buildings contain four windows. While rare, several buildings display two-sided angled bay windows at the primary façade.

Large corner buildings with greater surface area have a higher solid-to-void ratio than mid-block buildings. Window bays and window openings set flush with the façade are typically placed in the same location, presenting a stacked appearance, at each story of the three story comer buildings.

The vast majority of buildings within the district retain some or all historic double-hung wood sash windows with ogee lugs. Replacement windows made of aluminum or vinyl sash, casement windows, or windows with divided lights that were added to buildings after the Period of significance have not gained significance in their own right.

c) Materials & Finishes.

Buildings in the district are of wood frame construction and were historically clad in horizontal wood siding. Exterior surface finishes are painted. Channel drop wood siding is typical at the secondary and rear façades, while a combination of flush, lap, channel drop, and shingles are typically found at the primary façades of Victorian-era buildings. Flush wood siding is most common on the primary façades of Edwardian-era flats buildings. Most buildings retain their historic siding

though a few were later clad in stucco, asbestos, or composite shingle siding. These replacement sidings have not gained significance in their own right.

Historically, the gabled roofs within the district were clad in unpainted wood shingles. These historic roofing materials are no longer present. Existing gable roofs are typically finished with asphalt or composite shingles that match the color and tone of the historic wood roofing materials. Though generally compatible, this replacement roofing material has not gained significance in its own right.

d) Architectural Details.

Common traits found throughout the district are bay windows, gable roofs, decorative cornices, ornamental shingles, and spindle work, as well as more classically influenced detailing such as dentils, pediments, columns, and applied plaster ornament. Ornamental details are typically larger and more robust in scale at the first story, with finer, more delicate features located at the upper floors.

Many of the district's buildings retain their original primary entrance doors. These paneled wood doors, often slightly wider than contemporary entrance doors, are commonly glazed at the upper portion and feature corniced hoods and incised or applied ornament. Occasionally, a single fixed window is located adjacent to the entry door of Queen Anne buildings and some doors, of both Queen Anne and Edwardian-era buildings, are topped with transom windows.

Queen Anne Design Elements

Late Victorian- and Edwardian-era architectural styles predominate, with the Queen Anne style most widely represented. Though Victorian-era architectural design displayed a remarkable variety of ornament, unifying features include asymmetrical and articulated façades, steep roof pitches, and the use of multiple textures, materials and colors.

Many of the Queen Anne style buildings on Potomac Street, designed by developer George Moore, stand out for their muscular massing, restrained ornament, projecting second story overhangs, and hipped roof forms. In contrast, the developer Fernando Nelson designed most of the Queen Anne buildings on Pierce, Potomac, and Waller streets, to reflect his embrace of more exuberant and delicate architectural features, including spindle screens, turrets, and cut-outs. Architectural details commonly found on Queen Anne buildings throughout the district include raked cornices, flared eaves, shingled tympanums, diamond and fish-scale shingling, turrets (particularly at corner buildings), projecting bracketed cornices, steeply pitched gable roofs, double-gables, finials, geometric applied ornament at spandrel panels, dentils, friezes decorated with plaster ornament, egg and dart molding, cut-out screens, sunbursts, donut cut-outs, intermediate cornices, window and door hoods, spindle screens, turned wood balustrades and newel posts, Tudor-inspired stick work, turned wood porch supports, a variety of wood cladding and patterned wood shingles, arched porticos, and Corinthian or Composite columns and pilasters. Anthropomorphic details are rare but present within the district.

Historically, there were several types of stairs constructed in the district: longer flights of wood stairs that typically project out from Queen Anne style buildings and shorter flights typically found within the recessed entries of Edwardianera flats buildings.

The Queen Anne buildings on interior block streets are typically accessed via a straight run flight of wood stairs. Due to the slope, stairs on the west side of these blocks are significantly longer than those on the east. Historically, wood stairs on these interior blocks were solid and uniform in appearance: featured closed risers, solid cheek walls beneath the stairs, turned wood balustrades, and capped newel posts; and had a painted finish. Some flights of stairs were later replaced with brick, concrete, tile, or terrazzo. These replacement stairs have not gained significance in their own right.

Edwardian-Era Design Elements

Edwardian-era buildings, referred to locally as Classical Revival, were constructed in San Francisco from approximately 1901 to 1910. The term Edwardian is used architecturally to describe a more vernacular interpretation of the Classical Revival style and is commonly applied to three-unit flats buildings – like those found within the district – with wide angled or round bay windows, flat roofs, bulky projecting cornices, and columned porch entries. Edwardian-era buildings within the district, particularly those on Steiner Street, feature wood or terrazzo steps with solid cheek walls and landings. These stairs are typically located largely within the building envelope and provide access to recessed entrance doors.

Entrances of Edwardian-era flats in the district are typically flanked by Classical columns or pilasters, and decorated with applied plaster ornament, such as garlands and floral friezes.

Architectural ornament associated with the Edwardian-era is typically more restrained than those used during the Victorian-era. The turn-of-the-century development of buildings within the district, however, often resulted in a fusion of Edwardian-era massing with exuberant Victorian-era detailing. It is common in the district for Edwardian-era flats to feature unusually ornamented spandrel panels and decorative friezes and several are capped with the gable roof form more commonly associated with Queen Anne style buildings.

e) Landscape Elements.

Properties within the district typically feature uniform front yard setbacks on each block face. Setbacks on the west side of interior blocks are generally much deeper – typically 13' to 17' – than the east side, which, depending upon the block, range from approximately 5' to 13'. Setbacks on the western portion of Waller Street are uniform on each block face, ranging from approximately 8' to 12'. Despite the variability in front yard depth, each block face features similar setbacks and reads as uniform. Buildings located on the eastern portion of Waller and Steiner streets, typically Edwardian-era flats, are built out to the sidewalk, with no or minimal front yard setbacks.

Historically, front yards were bounded with low cast stone site walls and planted with vegetation. Site walls on Carmelita Street – and possibly other blocks – were originally topped with decorative iron fencing. Despite the west to east downward slope, the yards located within the front setback are level rather than terraced or sloped.

Several sections of site walls on Carmelita Street retain all or a portion of their original decorative iron fencing. Front yard setbacks and remnants of intact cast stone site walls are also located along Waller, Pierce, and Potomac Streets. The addition of garages has altered the front yards of many district properties. None of the historic buildings within the district were originally constructed with an integrated or detached automobile garage. On most blocks, portions of site walls were removed and front yards partially paved in order to accommodate driveways for garages inserted in the basement of many buildings. Several properties feature detached or semi-attached pop-out garages in the front yard. Garage structures, openings, and driveways are not considered significant in their own right.

f) Interior Block Park Entrances.

The development history of residential properties within the Duboce Park Historic District is closely intertwined with the history of the adjacent Duboce Park. Certain identified elements on the periphery of Duboce Park reflect this close association between residential and park development; notably, the lack of a physical separation between residential buildings and the park and rustic entrances from cul-de-sac streets into the park. These park entrances – located at the foot of Potomac Street, Pierce Street, and Carmelita Street – feature rustic stone steps flanked by low retaining walls built of Serpentine rock set in a random rubble pattern.

ween residential and park development; notably, the lack of a physical separation between residential buildings and the park and rustic entrances from cul-de-sac streets into the park. These park entrances – located at the foot of Potomac Street, Pierce Street, and Carmelita Street – feature rustic stone steps flanked by low retaining walls built of Serpentine rock set in a random rubble pattern.

For the purpose of Article 10 , the park entrances at Potomac Street, Pierce Street, and Carmelita Street are defined as the steps, rock walls, and a surrounding 10-foot buffer. The buffer area includes the sidewalks, street rights-of-way and area within the park directly adjacent to the steps and rock walls.

(Added by Ord. 107-13 , File No. 130070, App. 6/13/2013, Eff. 7/13/2013)

SEC. 7. DEFINITIONS.

For the purpose of this Appendix N only, the following terms shall have the following meanings:

Interior Block Park Entrance: The interior block park entrances at Potomac Street, Pierce Street, and Carmelita Streets are defined as the steps, Serpentine rock retaining walls, and a surrounding 10-foot buffer. The buffer area includes the sidewalks, street right-of-way and area within the park directly adjacent to the steps and rock retaining walls.

Primary Façade: A primary façade is a building's main street-racing façade. Corner buildings have two primary façades; the second primary façade may front Duboce Park or the street.

Rear Façade: The rear façade is located at the rear of the building.

Public Right-of-Way: A public right-of-way is a street, sidewalk, interior block park entrance, or park.

Visibility: A building, feature, or alteration is considered "visible" when it can be seen from a public right-of-way within the District and/or is visible from Duboce Park. Visibility from Duboce Park is limited to the highly visible façades of the first three buildings adjacent to the Park. Due to their distance from the Park, the rear façades of buildings adjacent to the western portion of Duboce Park (parallel to Scott Street) are excluded from this definition of visibility. See map.

(Added by Ord. 107-13 , File No. 130070, App. 6/13/2013, Eff. 7/13/2013)

SEC. 8. STANDARDS FOR REVIEW OF APPLICATIONS.

The standards for review of all applications for Certificates of Appropriateness are as set forth in Section 1006.6 of Article 10 . For the purposes of review under those standards, the "character of the Historic District" shall mean the exterior architectural features of the Duboce Park Historic District referred to and described in Section 7 of this Appendix. Any exterior change within the Duboce Park Historic District shall require a Certificate of Appropriateness, pursuant to the provisions of Article 10 , when such work requires a City permit, with the exception of specific scopes of work as outlined below. The procedures, requirements, controls and standards of Article 10 of the Planning Code shall apply to all applications for Certificates of Appropriateness and/or Administrative Certificates of Appropriateness in the Duboce Park Historic District.

ess, pursuant to the provisions of Article 10 , when such work requires a City permit, with the exception of specific scopes of work as outlined below. The procedures, requirements, controls and standards of Article 10 of the Planning Code shall apply to all applications for Certificates of Appropriateness and/or Administrative Certificates of Appropriateness in the Duboce Park Historic District.

The following section outlines the levels of review as determined by proposed scopes of work within the Duboce Park Historic District. The three levels of review are: "No Certificate of Appropriateness" is required; an "Administrative Certificate of Appropriateness" is required, which is approved administratively by Planning Department Preservation staff as delegated pursuant to Section 1006.2(b) of the Planning Code; and a "Certificate of Appropriateness" is required pursuant to Section 1006 of the Planning Code at a regularly scheduled Historic Preservation Commission hearing.

See Section 7 for definitions pertaining to primary and rear façades, interior block park entrances, and visibility from public rights-of-way.

Ancillary Structures within the Rear Yard – Construction or Removal

A Certificate of Appropriateness shall not be required for the construction of any structure within the rear yard that is no more than eight feet in height above grade and covers no more than 100 square feet of land regardless of visibility from public rights-of-way. A Certificate of Appropriateness shall not be required for the removal of any non-historic ancillary structure within the rear yard.

Decks, Stairs, & Railings

Front Stairways and Railings: An Administrative Certificate of Appropriateness shall be required for the replacement of historic or non-historic stairways and/or railings with compatible stairways and/or railings provided that the proposal is based on physical or documented evidence and is found to be compatible in terms of location, configuration, materials, and details with the character-defining features of the building and/or district. New railings, if needed shall match the historic rail system in design. This does not apply to the replacement of porticos, porches, or other architectural components of the entry.

Rear Yard Decks, Stairs, and Railings: A Certificate of Appropriateness shall not be required for the repair, replacement, or new construction of rear yard decks and stairways and associated structural elements that are located in the rear yard and are not visible from the public rights-of-way. An Administrative Certificate of Appropriateness shall be required for the replacement or new construction of rear yard decks and stairways and associated structural elements that are visible from public rights-of-way provided that the design is determined compatible in terms of location, configuration, materials, and details with the character-defining features of the district.

Doors

Door Replacement – Primary Façade: An Administrative Certificate of Appropriateness shall be required for door replacement on the primary façades provided that the proposed door matches the historic door (extant or not) in terms of opening size, door type, glazing, material, and all exterior profiles, dimensions and detailing.

Door Replacement – Secondary Façades: A Certificate of Appropriateness shall not be required for door replacement on secondary façades regardless of material or visibility from the public right-of-way.

Door Openings – Non-Visible Rear Façade: A Certificate of Appropriateness shall not be required for the alteration of existing door openings, or the insertion of new door openings, at rear façades that are not visible from public rights-ofway.

Door Openings – Visible Rear Façade: A Certificate of Appropriateness shall not be required for the modification of existing openings provided that such openings are not enlarged more than 50% of the existing opening's size. An Administrative Certificate of Appropriateness shall be required for the insertion of new door openings on rear façades visible from public rights-of-way.

Garage Doors: A Certificate of Appropriateness shall not be required for the replacement of an existing garage door provided that the new garage door is compatible in terms of material, pattern, and fenestration and minimizes its visual impacts on the character-defining features of the existing building and front yard setting.

Dormers, Additions, Penthouses

An Administrative Certificate of Appropriateness shall be required for the construction or enlargement of existing dormers, penthouses or horizontal or vertical additions provided that the new construction is not visible from a public right-of-way.

Exploratory and Investigative Work

An Administrative Certificate of Appropriateness shall be required for the removal of a limited amount of non-historic material to conduct investigation about the historic structure and to determine the existence of underlying historic material. This work will be limited to no more than 20% of the total surface area on the primary façade (excluding window openings) and the area must be stabilized and protected after the investigation is complete. A Certificate of Appropriateness shall not be required for the equivalent removal at the rear or secondary façades of non-historic material for exploratory purposes regardless of visibility.

Fences

A Certificate of Appropriateness shall not be required for the construction or replacement of rear or side yard fences provided that the fence is not directly adjacent to a public right-of-way, including Duboce Park. An Administrative Certificate of Appropriateness shall be required for new or replacement fences that are directly adjacent to Duboce Park or other public right-of-way.

Mills Act Contract

An Administrative Certificate of Appropriateness shall be required for work described in an approved Mill's Act Rehabilitation/Restoration/Maintenance Plan that has been reviewed and endorsed by the Historic Preservation Commission, approved by the Board of Supervisors, and determined to meet the Secretary of the Interior's Standards.

Ordinary Maintenance and Repair

A Certificate of Appropriateness shall not be required if the proposed work consists of ordinary maintenance and repair, as defined in Section 1005(e)(3) of the Planning Code.

Repair or Replacement of Architectural Details

A Certificate of Appropriateness shall not be required for the repair of existing historic ornament (including, but not limited to porticos, porches, cornices, plaster work, tympanum, roofline, and eaves) regardless of visibility from the public right-of-way. See "Ordinary Maintenance and Repair." An Administrative Certificate of Appropriateness shall be required for the in-kind replacement at the primary façade of historic ornament (including, but not limited to porticos, porches, cornices, plaster work, tympanum, roofline, and eaves) that has been previously removed, provided that replacement ornament is determined to be compatible with documented designs and ornament found on the subject building or within the district.

Roof Replacement

A Certificate of Appropriateness shall not be required for roof replacement provided that the proposed work does not change the roof character, form or structure.

Rooftop Equipment (excluding cellular installations)

A Certificate of Appropriateness shall not be required for the installation of rooftop equipment provided that the rooftop equipment is not visible from a public right-of-way and that the rooftop equipment is installed in a manner that may be easily removed in the future without disturbing any historic fabric.

An Administrative Certificate of Appropriateness shall be required for the installation of visible rooftop equipment (excluding solar panels and related structures) provided that:

(a) Proposed rooftop equipment shall be installed in a manner that avoids harming any historic fabric of the building and that may be easily removed in the future without disturbing any historic fabric; and,

(b) Proposed rooftop equipment is set back a minimum of 20 feet from the primary street-facing façade; does not result in additional height of more than 5 feet as measured from the base of the equipment; does not cover more than 10% of the total roof area; and is set in from the perimeter walls of the building, and,

(c) Proposed skylights, if applicable, shall have a low, flat profile, are mounted flush with the slope of the roof and are setback from the perimeter walls of the building. Skylight frames shall have a powder-coated or painted finish that matches the color of the roof material and the glazing shall be non-reflective.

Security Measures

Security Measures – Primary Façades: An Administrative Certificate of Appropriateness shall be required for installation or replacement of metal security doors, window grilles, or security gates on primary façades provided that the installation of these measures meet all other requirements of the Planning Code and are installed in a reversible manner that avoids obscuring or damaging exterior character-defining features of the building.

Security Measures – All Other Façades: A Certificate of Appropriateness shall not be required for installation or replacement of metal security doors, window grilles, or security gates on rear façades regardless of visibility from the public right-of-way.

Seismic Work

A Certificate of Appropriateness shall not be required for seismic work that complies with Section 1006.2(a)(1) of the Planning Code. Seismic upgrades that minimize the alteration of character-defining features of a structure are encouraged.

Siding

An Administrative Certificate of Appropriateness shall be required for the replacement of non-historic siding with wood siding, provided that the replacement siding is determined to be compatible with documented historic siding (extant or not) found on the subject building or within the district.

Signs & Awnings

An Administrative Certificate of Appropriateness shall be required for new tenant signs and awnings that are compatible in terms of material, location, size, method of attachment, and method of illumination with the property and/or district and meet the following requirements:

• (a) Proposal does not obscure or cover any exterior character-defining features; and,

• (b) Proposal includes the removal of any abandoned conduit, outlets, attachment structures, and associated equipment.

• (c) Proposals for awnings and canopies shall use traditional shapes, forms and materials, and the overall size, shape,

and projection from the building shall be in proper proportion and scale to the building and be contained within the window or door opening. In most instances, the only acceptable material for awnings and canopies is canvas; exceptions will be considered if appropriate for historic reasons. Signs or lettering shall be kept to a minimum size.

Solar Panels

A Certificate of Appropriateness shall not be required for the installation of solar panels.

A Certificate of Appropriateness shall not be required for the installation of structures that support solar panels, regardless of visibility, provided that the installation would not require alterations to the building greater than normally required to install a solar energy system, such as:

• (a) Set with a low profile, and

• (b) Mounted parallel with the slope of the roof (if roof is sloped greater than 1/12), and

• (c) Not visible from adjacent street sightlines if on a flat roof, and

• (d) Set in from the perimeter walls of the building, including the building's primary façade.

Windows

Window Repair: The repair and retention of historic windows is encouraged. A Certificate of Appropriateness shall not be required for work to repair or correct deterioration, decay, or damage to existing windows, at any façade, including window glazing, sash, muntins, jambs, pulleys, sills and other historic window components. See "Ordinary Maintenance and Repair."

Window Replacement – Primary Façade: A Certificate of Appropriateness shall not be required for window replacement on primary façades provided that the proposed windows match the historic (extant or not) windows in terms of opening size, configuration, material, and all exterior profiles and dimensions.

Window Replacement – Rear Façade: A Certificate of Appropriateness shall not be required for window replacement on non-visible rear façades within the existing openings. A Certificate of Appropriateness shall not be required for window replacement on visible rear façades provided that the replacement windows are compatible in terms of material and configuration.

Window Openings – Non-Visible Rear Façade: A Certificate of Appropriateness shall not be required for the alteration of existing window openings, or the insertion of new window openings, at rear façades that are not visible from public rights-of-way.

Window Openings – Visible Rear Façade: A Certificate of Appropriateness shall not be required for the modification of existing openings provided that such openings are not enlarged more than 50% of the existing opening's size. An Administrative Certificate of Appropriateness shall be required for the insertion of new window openings at visible rear façades.

Exterior Alterations or New Construction

Excluding the exceptions defined in this Appendix, any exterior change to a contributory or non-contributory building or new construction within the Duboce Park Historic District shall require a Certificate of Appropriateness, pursuant to the provisions of Article 10 , when such work requires a City permit. The following standards shall guide the approval of exterior alterations and new construction:

(a) Character of the District. New construction shall complement and support the historic character of the district. Proposals for exterior alterations that result in greater conformity with the character of the district and are based on physical or documented evidence are encouraged.

(b) Historic Materials. Exterior alterations or new construction shall not destroy historic materials, features and spatial relationships that characterize the property. Repair and retention of historic windows is encouraged.

(c) Compatibility. New construction shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment, and shall conform to the following provisions:

1. Style. New construction shall be compatible with the character-defining features of the district, yet is contemporary in design.

2. Scale and Proportion. New construction shall be compatible with the massing, size, and scale of the adjacent contributing buildings within the district.

3. Setbacks. New construction shall conform to existing setback patterns found in adjacent buildings and within the district.

4. Roofline. Gabled, cross-gabled, or hipped roof forms or flat roofs with projecting cornices are common within the district and new construction shall reference the massing and form of adjacent buildings.

5. Dormers and Additions. The enlargement or construction of dormers, penthouses and horizontal or vertical additions shall be designed in a manner that requires minimal change to the character-defining features of the subject building and the district in terms of materials, fenestration, cladding, massing and ornamentation.

6. Garages. The insertion of a garage shall minimize the physical and visual impacts on the character-defining features of the existing building and front yard setting. The design of garages and garage doors shall be unobtrusive and simple. Double-hinged doors with panels and multi-lights are in keeping with the character of the district and are encouraged.

7. Driveways and Front Yard Setbacks. The addition of new driveways shall minimize the removal of landscaping and include permeable paving materials in order to minimize disruption to front yard setbacks and the character-defining features of the subject building and the district.

8. Details. Architectural details on new construction shall be contemporary, yet compatible with the characterdefining features found on the contributing buildings within the district.

Demolition

With the exception of ancillary buildings as defined in this Appendix, the demolition of a contributory or noncontributory building within the district shall require a Certificate of Appropriateness.

Interior Block Park Entrances

The following scopes of work that mayor may not require a building permit at the interior block Duboce Park entrances at Potomac Street, Pierce Street, and Carmelita Street shall be subject to the procedures, requirements, controls and standards of Article 10 of the Planning Code as outlined below.

The following standards shall guide the review of work to the interior block Duboce Park entrances:

• (a) All work shall be compatible with the historic materials, features, size, scale and proportion to protect the integrity of these historic park entrances.

• (b) Retention of historic rustic steps and Serpentine rock retaining walls is encouraged.

• (c) Unobstructed views from the interior block Park entrances to the larger expanse of the park are encouraged.

(d) Alterations to return previously modified portions of the entrances to their historic rustic character are encouraged. Ordinary Maintenance and Repair: A Certificate of Appropriateness shall not be required for ordinary maintenance and repair – defined as any work, the sole purpose and effect of which is to correct or repair deterioration, decay, or damage – of the rustic steps, Serpentine rock retaining walls, adjacent sidewalks, park pathways, or street rights-of-way.

Landscaping: A Certificate of Appropriateness shall not be required for new plantings, pruning, or changes to vegetation within the Park's interior block Park entrances' buffer zones. Nothing in this legislation shall be construed to regulate maintenance or changes to vegetation within Duboce Park.

Emergency Repair: A Certificate of Appropriateness shall not be required for emergency repair of unsafe or dangerous conditions of the rock wall and steps.

Minor Repair or In-Kind Replacement: A Certificate of Appropriateness shall not be required for minor repair of the rustic steps or the in-kind replacement of Serpentine rock at the retaining walls.

All Other Alterations: A Certificate of Appropriateness shall be required for all other alterations to the rustic steps, rock retaining walls, and area within the buffer zone.

(Added by Ord. 107-13 , File No. 130070, App. 6/13/2013, Eff. 7/13/2013)

SEC. 9. SIGNIFICANCE OF INDIVIDUAL BUILDINGS TO THE HISTORIC DISTRICT.

Each building within the Duboce Park Historic District is assigned to either of the two following categories. Contributory. This category identifies buildings. which date from the Historic District's period of significance and retain their historic integrity. These structures are of the highest importance in maintaining the character of the Historic District. The maximum suspension period allowable under Article 10 shall be imposed on applications for demolition of Contributory buildings.

The following buildings and interior block park entrances are deemed Contributory to the Historic District:

APN From St. # To St. # Street Name Date Built

Potomac Street interior block park entrance

For the purpose of Article 10 , the park entrances at Potomac Street, Pierce Street, and Carmelita Street are defined as the steps, rock walls, and a surrounding 10-foot buffer. The buffer area includes the sidewalks, street rights of way and area within the park directly adjacent to the steps and rock walls.

Noncontributory. This category identifies buildings which postdate the Historic District's period of significance and/or no longer retain sufficient integrity to convey significance. Demolition permit applications for these buildings will be processed without reference to the suspension provisions of Article 10 . Alterations to Noncontributory buildings would require Certificate of Appropriateness review in order to ensure that alterations and new construction would be compatible with the historic character of the District in terms of scale, massing, fenestration, materials and detail.

The remaining buildings shall be deemed to be Noncontributory within the Historic District:

(Added by Ord. 107-13 , File No. 130070, App. 6/13/2013, Eff. 7/13/2013)

SEC. 10. PAINT COLOR.

Nothing in this legislation shall be construed to regulate paint colors within the District. (Added by Ord. 107-13 , File No. 130070, App. 6/13/2013, Eff. 7/13/2013)

APPENDIX O TO ARTICLE 10 - CLYDE AND CROOKS WAREHOUSE DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Clyde and Crooks Warehouse District contains twelve structures that have a special character and special historical, architectural, and aesthetic interest and value, and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as a Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

erest and value, and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as a Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the Planning Code, to promote the health, safety and general welfare of the public. (Added by Ord. 256-18, File No. 180723, App. 11/2/2018, Eff. 12/3/2018)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the Planning Code, the Clyde and Crooks Warehouse District is hereby designated as an Article 10 Historic District, this designation having been duly approved by Resolution No. 955 of the Historic Preservation Commission and Resolution No. 20203 of the Planning Commission, which Resolutions are on file with the Clerk of the Board of Supervisors under File No. 180723 and which Resolutions are incorporated herein and made part hereof as though fully set forth.

(Added by Ord. 256-18, File No. 180723, App. 11/2/2018, Eff. 12/3/2018)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Clyde and Crooks Warehouse District are Brannan Street to the north, Third Street to the east, Townsend Street to the south, and Lusk Street to the West. The district also joins South End Historic District’s lot line at 660 3rd Street (Assessor’s Block No 3787, Lot No. 008) – South End Terminal Warehouse. The historic district encompasses Lot Nos. 005, 014, 015, 016, 037, 040A, 044, 048, 033, 151, 017, 021, 022, 019, 036, 040, 018, 013, and 152-159 of Assessor’s Block No. 3787 and shall be as designated on the Clyde and Crooks Warehouse District Map, the original of which is on file with the Clerk of the Board of Supervisors in File No. 180723, which Map is hereby incorporated herein as though fully set forth.

The boundaries of the Clyde and Crooks Warehouse District are outlined. (Added by Ord. 256-18, File No. 180723, App. 11/2/2018, Eff. 12/3/2018)

SEC. 4. RELATION TO PLANNING CODE AND THE PROVISIONS OF THE CHARTER OF THE CITY AND COUNTY OF SAN FRANCISCO.

(a) Article 10 of the Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any Planning Code provisions applicable to property in the Clyde and Crooks Warehouse District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

(Added by Ord. 256-18, File No. 180723, App. 11/2/2018, Eff. 12/3/2018)

SEC. 5. STATEMENT OF SIGNIFICANCE.

The Clyde and Crooks Warehouse District is significant as it is representative of the post-1906 San Francisco earthquake and fire reconstruction period and is representative of warehouse/industrial building type and exemplifies early twentiethcentury methods of construction and materials. The period of significance is 1906 to 1935. The district is comprised of nineteen properties, twelve of which include contributing resources, located in the South of Market neighborhood. The non-contributing properties consist of two buildings constructed after the period of significance and five surface parking lots.

The Clyde and Crooks Warehouse District’s period of significance reflects the nineteenth-century development of the South of Market area as a center of industrial production in San Francisco and maritime commerce along the west coast. The district’s mix of industrial and warehouse buildings interspersed with residential structures is typical of the land use patterns developed in the nineteenth century in the South of Market neighborhood and continued during the 1906 earthquake and fire reconstruction period. The buildings exemplify early twentieth-century methods of construction and materials and reconstruction the return of South of Market’s function as the industrial center of the city following the earthquake and fire.

The addition’s period of significance, 1906-1935, falls within the broader 1867-1935 period of significance of the South End Historic District. The industrial buildings found within the Clyde and Crooks Warehouse District are unique for their smaller size and massing, reflecting their use as small manufacturing operations and storage and packing facilities, but are consistent with the character and development pattern of the buildings constructed in the area during the post-earthquake period. The buildings reflect the redevelopment pattern of South of Market following the quake and fire, which largely consisted of industrial and warehouse buildings.

(Added by Ord. 256-18, File No. 180723, App. 11/2/2018, Eff. 12/3/2018)

SEC. 6. SIGNIFICANCE OF INDIVIDUAL BUILDINGS TO THE HISTORIC DISTRICT.

Twelve buildings within the boundaries of the Clyde and Crooks Warehouse District are identified as contributory buildings that date from the Historic District’s period of significance and retain their historic integrity. These structures are of the highest importance in maintaining the character of the Historic District. An architectural description, building history and evaluation of each parcel within the Historic District is documented on the State of California – Department of Parks and Recreation Primary Record (DPR 523A – descriptive) survey forms.

The following buildings are deemed Contributory to the Historic District:

Noncontributory. This category identifies buildings which postdate the Historic District’s period of significance and/or no longer retain sufficient integrity to convey significance. Alterations to Noncontributory buildings would require Certificate of Appropriateness review in order to ensure that alterations and new construction would be compatible with the historic character of the District in terms of scale, massing, fenestration, materials and detail outlined in this appendix and the applicable standards for review pursuant to Article 10 of the Planning Code.

The following buildings shall be deemed to be Noncontributory within the Historic District:

(Added by Ord. 256-18, File No. 180723, App. 11/2/2018, Eff. 12/3/2018)

SEC. 7. CHARACTER-DEFINING FEATURES/FEATURES OF THE DISTRICT AND EXISTING BUILDINGS.

The following section describes in further detail the character-defining features of the District and of individual buildings contained therein. Historic District designation is intended to protect and preserve these character-defining features.

a.[1] Overall Form, Continuity, Scale and Proportion. All buildings are built to the property lines and rise vertically without setbacks. Building heights are two to three stories, with the exception of the one-story building at 45 Lusk Street. Ten of the twelve contributing buildings have flat roofs. One building (435 Brannan) has a combination gable and flat roof. One building (322-326 Ritch Street) has a double-gable roof. The District’s buildings are rectangular plan and largely masonry structures with the exception of four wood frame buildings.

(b) Fenestration. The majority of the buildings have aluminum and steel sash multi-lite windows. Wood frame windows are found on two properties (45 Lusk, 322-326 Ritch). Methods of operability include fixed, awning, doublehung, pivot and sliding.

(c) Materials and Finishes. Six of the buildings are clad in smooth finish stucco. Two are clad in wood channel drop siding and one is clad with wood clapboard siding. Two buildings are red brick. One of the brick buildings has a concrete base that falls just below the water table. Materials and paint are generally light to medium colors with white, buff, and grey the predominate shades.

(d) Architectural Details. There are no character-defining interior features identified as part of this designation. Exterior ornament consists of projecting corniced rooflines with modillions, egg and dart and dentil molding, belt courses, brick corbelling. The specific character-defining exterior features of the buildings are as follows:

(1) 630 3rd Street (1924). Character-defining features include: two-story height and rectangular massing; six bays; flat roof, smooth finish stucco cladding; fixed multi-lite aluminum sash windows; piers; cornice; string course; and ornamental shields.

(2) 415 Brannan Street (1923). Character-defining features include: two-story height and rectangular massing; three bays; flat roof; smooth finish stucco cladding; multi-lite steel sash windows; pilasters; projecting cornice; and belt courses. (3) 425 Brannan (1924). Character-defining features include: two-story height and rectangular massing; smoothfinish stucco cladding; flat roof; projecting cornice; dentil and egg and dart molding; recessed panels and parapet; piers; and belt courses.

(4) 435 Brannan (1910). Character-defining features include: two-story height and rectangular massing; smooth finish stucco cladding; parapet; multi-light, steel sash ribbon awning windows; rounded corners; window and door openings; entrance awning; belt courses; and speedlines.

(5) 18-28 Clyde St (1907). Character-defining features include: three-story height and rectangular massing; three bays; wood channel drop siding; flat roof; projecting cornice with dentils and modillions; open central bay and staircase; double-hung windows; and projecting wood window sills and headers.

(6) 36 Clyde St (1923). Character-defining features include: two-story height and rectangular massing; three bays; wood clapboard siding; flat roof; projecting cornice, modillions, egg and dart and dentil molding; multi-lite steel and plate glass pivot windows; and wood window trim and sills.

(7) 25-35 Lusk Street (1917). Character-defining features include: two story height and rectangular massing; six bays; flat roof; brick cladding; corbelled cornice; multi-lite steel sash windows; recessed window openings; quoins; second floor brick detailing; molded concrete belt courses; and the painted sign “Ogden Packing & Provision Co.”

(8) 45 Lusk Street (1922). Character-defining features include: one-story height and rectangular massing; channel drop wood siding; flat roof; multi-lite wood sash windows; above-grade recessed entrance; projecting cornice and modillions; and dentil and egg and dart molding.

(9) 322-326 Ritch Street (1906). Character-defining features include: two-story height and rectangular massing; five bays; brick cladding; piers; brick corbelling; brick window sills; projecting cornice; recessed door and window openings; multi-light and double-hung wood windows; and parapet.

(10) 330 Ritch Street (1920). Character-defining features include: three-story height and rectangular massing; brick cladding; flat roof; and brick window sills.

(11) 224 Townsend (1935). Character-defining features include: two-story height and rectangular massing; five bays; concrete cladding; flat roof; decorative parapet above central entrance bay; spandrel panels between first and second floors on primary elevation; vertical ornament above second floor window openings on primary elevation; and fluted columns projecting above the roofline.

(12) 228-242 Townsend St (1909). Character-defining features include: two-story height and rectangular massing; flat roof; stucco cladding; projecting cornice with brackets; and dentil molding. (Added by Ord. 256-18, File No. 180723, App. 11/2/2018, Eff. 12/3/2018)

CODIFICATION NOTE

1. So in Ord. 256-18.

SEC. 8. STANDARDS FOR REVIEW OF APPLICATIONS.

The standards for review of all applications for Certificates of Appropriateness are as set forth in Section 1006.6 of Article 10. For the purposes of review under those standards, the “character of the Historic District” shall mean the exterior architectural features of the Clyde and Crooks Warehouse District referred to and described in Section 6 of this Appendix.

Any exterior change within the Clyde and Crooks Warehouse District shall require a Certificate of Appropriateness, pursuant to the provisions of Article 10, when such work requires a City permit, with the exception of specific scopes of work identified by the Historic Preservation Commission and delegated to Planning Department Preservation staff for review and approval and specific scopes of work as outlined below. The procedures, requirements, controls and standards

of Article 10 of the Planning Code shall apply to all applications for Certificates of Appropriateness and/or Administrative Certificates of Appropriateness in the Clyde and Crooks Warehouse District. (Added by Ord. 256-18, File No. 180723, App. 11/2/2018, Eff. 12/3/2018)

SEC. 9. ADDITIONAL PROVISIONS FOR ALTERATIONS AND NEW CONSTRUCTION.

Additions to existing buildings and new infill construction proposed within the Clyde and Crooks Warehouse District must reflect an understanding of the relationship of the proposal with the contributing buildings within the district. Additions shall be reviewed for compatibility with the historic building and the District, while infill construction shall be reviewed for compatibility with the overall District. Neither should directly imitate nor replicate existing features. For additions, every effort should be made to minimize the visibility of the new structure within the District. Infill construction should reflect the character of the District, including the prevailing heights of contributing buildings without creating a false sense of history. Property owners should consult early in the process with a Planning Department Historic Preservation staff when developing a proposal.

every effort should be made to minimize the visibility of the new structure within the District. Infill construction should reflect the character of the District, including the prevailing heights of contributing buildings without creating a false sense of history. Property owners should consult early in the process with a Planning Department Historic Preservation staff when developing a proposal.

(a) Additions. Additions shall be reviewed on a case-by-case basis and any proposed addition should be located in an inconspicuous location and not result in a radical change to the form or character of the historic building. A vertical addition may be approved, depending on how the addition impacts the building and its relative visibility from the surrounding public rights-of-way within the district. The Planning Department evaluates all proposals for properties identified under Article 10 of the Planning Code for compliance with the Secretary of the Interior’s Standards (as set forth in Section 1006.6 of the Planning Code). Based on these Standards, Department staff uses the following criteria when reviewing proposals for vertical additions:

(1) The structure respects the general size, shape, and scale of the features associated with the property and the District and the structure is connected to the property in a manner that does not alter, change, obscure, damage, or destroy any of the character-defining features of the property and the District.

(2) The design respects the general historic and architectural characteristics associated with the property and the District without replicating historic styles or elements that will result in creating a false sense of history.

(3) The materials are compatible with the property or District in general character, color and texture.

As part of the Planning Department review process, the project sponsor shall conduct and submit an analysis that illustrates the relative visibility of a proposed vertical addition from within the District. As part of this analysis, sightline cross-sections and perspective drawings illustrating the proportionality and scale, as well as the visible extent of the addition from prescribed locations should be submitted.

(b) New Construction. When a district provides an opportunity for new construction through existing vacant parcels or by replacing non-contributing buildings, a sensitive design is of critical importance. Historic buildings within the District should be utilized and referenced for design context. Contemporary design that respects the District’s existing characterdefining features without replicating historic designs is encouraged. The Department uses the following criteria when reviewing proposals for infill construction as well as the review standards set forth in Section 1006.6 of the Planning Code:

(1) The structure respects the general size, shape, and scale of the character-defining features associated with the district and its relationship to the character-defining features of the immediate neighbors and the district.

(2) The site plan respects the general site characteristics associated with the district.

• (3) The design respects the general character-defining features associated with the district.

• (4) The materials are compatible with the district in general character, color, and texture.

• (c) Standards for New Construction and Alterations.

(1) Facade Line Continuity. Facade line continuity is historically appropriate. Therefore, setbacks at lower floors and arcades, not generally being features of the Clyde and Crooks Warehouse District, are generally not acceptable.

(2) Fenestration and Design Elements for New Construction. In areas with a concentration of buildings characterized by a high proportion of mass to void and deeply recessed openings, vertical orientation and limited fenestration, the design of new construction should relate to those elements. In areas characterized by buildings with industrial style fenestration, new construction should relate to those design elements.

(d) Exterior Changes Requiring Approval. Any exterior change within the Clyde and Crooks Warehouse District shall require a Certificate of Appropriateness pursuant to the provisions of Article 10 when such work requires a city permit. In addition, a Certificate of Appropriateness shall be required for cleaning masonry surfaces with abrasives and/or treatment of such surfaces with waterproofing chemicals. Sandblasting and certain chemical treatments detrimental to older brick will not be approved.

(e) Signs.

(1) Principal Signs. Only one sign will be allowed per establishment per street frontage. A flush sign with lettering intended to be read from across the street is permitted. On brick surfaces, signs should be mounted with a minimum number of penetrations of the wall, and those penetrations only in the mortar joints.

(2) Secondary Signs. One per establishment per street frontage. A secondary sign is intended to be viewed close-up and consists of: (A) lettering on a door or window that contains only the name and nature of the establishment, hours of operation and other pertinent information; or (B) a projecting sign not exceeding two square feet in area used in conjunction with a principal flush sign.

(f) Nothing in this legislation shall be construed to regulate paint colors within the District.

(Added by Ord. 256-18, File No. 180723, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY

Division (e)(2) amended; final division redesignated as (f); Ord. 136-21, Eff. 9/4/2021.

APPENDIX P TO ARTICLE 10 - CHULA-ABBEY EARLY RESIDENTIAL DISTRICT.

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Chula-Abbey Early Residential District contains 52 buildings that have a special character and special historical, architectural and aesthetic interest and value, and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as a District will be in furtherance of and in conformance with the purposes of Article 10 of the Planning Code

and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the Planning Code, to promote the health, safety and general welfare of the public. (Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the Planning Code, the Chula-Abbey Early Residential District is hereby designated as an Article 10 District, this designation having been duly approved by Resolution No. 1497 of the Historic Preservation Commission and Resolution No. 21858 of the Planning Commission, which Resolutions are on file with the Clerk of the Board of Supervisors under File No. 251100 and which Resolutions are incorporated herein and made part hereof as though fully set forth.

(Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Chula-Abbey Early Residential District, which contains 52 buildings, encompassing properties on the south side of Chula Lane between its intersections with Church Street and Dolores Street with the exception of a concentration of properties located at the intersection of Chula Lane and Abbey Street. The District also includes properties on both sides of Abbey Street between Chula Lane and 17th Street, properties on the west side of Dolores Street between Chula Lane and 17th Street, and properties on the north side of 17th Street between Dolores and Church streets. The District includes lots contained within Assessor’s Blocks 3556 and 3579 and shall be as designated on the Chula-Abbey Early Residential District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 251100, which Map is hereby incorporated herein as though fully set forth. The boundaries of the Chula-Abbey Early Residential District are outlined. (Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026)

SEC. 4. RELATION TO PLANNING CODE AND THE PROVISIONS OF THE CHARTER OF THE CITY AND COUNTY OF SAN FRANCISCO.

(a) Article 10 of the Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any Planning Code provisions applicable to property in the Chula-Abbey Early Residential District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

(Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026)

SEC. 5. STATEMENT OF SIGNIFICANCE.

Identified through the Mission Dolores Neighborhood Context Statement & Survey, the Chula-Abbey Early Residential District is a one-block long stretch of properties, centered on Chula Lane, Abbey Street, and 17th Street, significant as a representative collection of Folk Victorian, Italianate, Classical Revival, and Queen Anne residential buildings associated with the themes of “Early Neighborhood Development (1864-1906)” and “1906 Earthquake and Reconstruction (1906-

1915).” The period of significance is 1865 to 1912. The District is comprised of 52 properties, 37 of which include contributing resources, located in the Mission Dolores neighborhood. There are 15 non-contributing properties.

The Chula-Abbey Early Residential District is significant as a representative collection of residential buildings that physically illustrate the neighborhood’s pre- and post-1906 Earthquake and Fires development transition. Because it was spared from the 1906 fires that decimated many nearby neighborhoods, the district provides a unique combination of early, small scale single-family homes along with post-1906 reconstruction-era’s larger scale multi-family flats and apartments. The majority of buildings within the Chula-Abbey Early Residential District were constructed before the 1906 Earthquake and Fires, with only a small portion dating from the reconstruction period. The District provides a rare example of the neighborhood’s small-scale residential and agricultural development patterns in the late nineteenth century. Centered around Chula Lane, an east-west midblock alley, and Abbey Street, a north-south midblock alley, the buildings in the district physically illustrate the neighborhood’s transition of development from early, small scale single-family homes to larger scale multi-family flats and apartments. The buildings related to the “Early Neighborhood Development (1864-1906)” theme are largely focused along Chula Lane and Abbey Street as a linear grouping of low-scale, freestanding buildings that evoke modest, working-class cottages in a less urban setting. Larger, freestanding, singlefamily dwellings were also built during this early period along the primary streets, including 3639 17th Street (1874) and 3656 17th Street (1885). Many of these larger residential buildings were converted into flats in the 1890s while

surrounding properties were developed in a similar manner. These infill construction and reconstruction properties relate to “1906 Earthquake and Reconstruction (1906-1915)” theme.

The Chula-Abbey Early Residential District is also architecturally significant as distinctive grouping of Victorian-era residential dwellings in Folk Victorian, Italianate, Stick-Eastlake, and Queen Anne styles. The Chula-Abbey Early Residential District is a representative collection of buildings where the overall scale and massing, wood construction, and rhythmic bays of the contributing buildings create a sense of continuity.

The period of significance for the District is 1865 to 1912, inclusive of the period of construction of all contributory buildings within the District. Additional historic information, and descriptions of individual buildings, may be found in the Chula-Abbey Early Residential District Designation Report, which is hereby incorporated herein as though fully set forth. (Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026)

SEC. 6. CHARACTER-DEFINING FEATURES.

Whenever a building, district, site, object, or landscape is under consideration for Article 10 Landmark designation, the Historic Preservation Commission is required to identify character-defining features. This is done to enable owners and the public to understand which elements are considered most important to preserve the historical and architectural character of the proposed landmark or landmark district.

The character-defining interior features of buildings in the district are identified as: None.

The character-defining exterior features of contributory buildings in the district are identified as: All exterior elevations, rooflines, historic doors and fenestration, historic materials and finishes, historic front setbacks, and historic architectural details, as described below.

The following section describes in further detail the character-defining features of the district and of individual buildings.

A. Overall Form, Scale and Proportion

Due to the brief period of construction – most contributory buildings were constructed between 1865 and 1905 – buildings within the district exhibit characteristics of one of two basic residential property types: single-family early residential or multi-family reconstruction residential (as defined in the Mission Dolores Context Statement). District buildings are almost all residential, composed primarily of detached, attached or semi-attached, single-family dwellings and residential flats or apartments. A couple of mixed-use buildings within the district (typically located on street corners) with residences on upper floors also include commercial use at the street level. Buildings in the district

range from 1 ½ story-over-basement to four stories in height, with 1 ½ and three stories predominating. Roof forms are predominantly flat, front-facing gable, or front-facing gable behind a projecting parapet and/or cornice. Several buildings have hipped roofs.

The district’s smallest residences are on lots facing the neighborhood’s alleys and narrow mid-block streets. These buildings are typically 1 ½- to two-stories in height, have raised, recessed entrances accessed by straight-run wood staircases with turned balustrades, often have deep front setbacks, and feature Folk Victorian, modest Italianate or StickEastlake detailing on the primary, street-facing facades. Folk Victorian style buildings are often adorned with basic decorative elements such as spindle work porches. Some of these smaller buildings have been converted from single- to two-units.

Buildings fronting wider streets – 17th and Dolores streets – have larger footprints, are taller, and consist of residential flats or apartments. These buildings are typically 2 ½- to four-stories in height, have recessed, raised entrances, straight run stairs, and feature Queen Anne, Classical Revival, Italianate, or Stick-Eastlake detailing on the primary, street-facing facades. Romeo Flats buildings at Dolores Street are built to the front lot line while residential flats buildings at 17th Street are often setback with front yards.

Although the roof forms – particularly at the non-visible rear facade – of a substantial number of buildings have been altered to incorporate skylights, small dormer windows, fire escapes, stair penthouses, or solar panels these alterations were constructed outside of the Period of Significance and have not gained significance.

General characteristics of the district’s two primary residential building types (Single-Family Early Residential and Multi-Family Reconstruction Residential) and one sub-type (Romeo Flats) are:

Single-Family Early Residential: Properties dating from the “Early Neighborhood Development (1864-1906)” period are unified by their common forms, massing, and materiality representative of the early residential and agricultural development of the Mission Dolores neighborhood. Character-defining features of the properties within the district dating from this period include:

• Small, one-story over- integrated garage or two-story massing

• Horizontal painted wood siding

• Front-facing gable roof, Italianate style flat-front parapet roof form, or projecting bracketed cornices

• Wood double-hung windows with ogee lugs

• Architectural ornament including brackets, applied columns, window and/or door hoods, and other façade ornamentation indicative of the various architectural styles

• Front setback or location on lot in reference to street

• Central or offset primary entrance and stair

Multi-Family Reconstruction Residential: Properties dating from the “Earthquake and Reconstruction (1906-1915)”

period are unified by their larger scale, form, and massing to meet housing needs of the growing population of the Mission Dolores neighborhood. Character-defining features of the residential flats or apartment buildings within the district dating from this period include:

• Two or three-story over-integrated garage or three-story massing

• Horizontal painted wood siding

• Front-facing gable roof or projecting cornice

• Wood double-hung windows with ogee lugs

• Single or paired projecting bay(s) at front facade

• Front setback/location on lot in reference to street

• Offset entrance with recessed, straight-run original stair configuration

Romeo Flats: The Romeo flat, a San Francisco-based, high-density form of rental housing with four to six units,

generally for working-class tenants, was typically built after the 1906 earthquake and fires. Romeo flats are multi-unit, residential buildings with three bays lining the façade. An open or enclosed, central winding staircase located in the

central bay divides the façade vertically. Balconies are located at each story of the central bay if it is open. When enclosed, windows are located at each landing. Several district buildings along Dolores Street are Romeo Flats.

B. Materials and Finishes

Buildings in the district are of wood frame construction and were historically clad in horizontal wood siding. Exterior surface finishes are painted. Channel drop wood siding is typical at the secondary and rear facades, while a combination of flush lap, channel drop, clapboard, or shaped shingles are typically found at the primary facades. Most buildings retain their historic siding though a few were later clad in stucco, masonite, or composite shingle siding. These replacement siding materials have not gained significance.

Historically, there were several types of stairs constructed in the district: longer flights of wood stairs that typically project out from Italianate or Stick-Eastlake style buildings and shorter flights typically found within the recessed entries of Progressive-era flats and apartment buildings. Many of the Folk Victorian residences have wood porches with spindlework details at the ground level entrances.

At the buildings along alleys and narrow streets, entry stairs are often solid and uniform in appearance featuring closed risers, solid cheek walls beneath the stairs, turned wood balustrades, and capped newel posts, and have a painted finish. Some flights of stairs were later replaced with new wood stairs and balusters. Raised entrances to these smaller residential buildings lead to narrow openings highlighted with wood trim and bracketed hoods. Wood paneled and glazed doors with transom window sit within a shallow paneled recess.

Progressive-era buildings – Queen Anne or Classical Revival style – within the district, particularly those on 17th and Dolores streets, feature wood or terrazzo steps with solid cheek walls and landings. These stairs are typically located partially within the building envelope and provide access to recessed entrance doors. The recessed vestibules have wood paneled walls, coffered or stucco-clad ceilings, and floors clad in wood, terrazzo, or tile (usually hexagonal tiles with a polychromatic trim or mosaic tile). Entrances of Progressive-era flats are typically flanked by Classical columns or pilasters, and decorated with applied plaster ornament, such as garlands and floral friezes.

While compatible, replacement stairs have not gained significance in their own right.

Existing gable roofs are typically finished with asphalt or composite shingles. Though generally compatible, these roofing materials have not gained significance.

C. Doors and Fenestration

Many of the district’s buildings retain their original primary entrance doors. These paneled wood doors, often slightly wider than contemporary entrance doors, are commonly glazed at the upper portion and feature corniced and bracketed hoods and incised or applied ornament. Occasionally, a single fixed window is located adjacent to the entry door of Queen Anne buildings, and many entry doors are topped with transom windows.

Fenestration is remarkably consistent throughout the district, consisting of vertically oriented double-hung single-light wood sash windows, with ogee lugs, set in wood surrounds. Windows are typically set in wide angled bays with smaller windows set flush with the facade, often adjacent to or above the primary entry. Window surrounds are typically topped with cornices, occasionally featuring pediments, with ornamented details. Smaller vertically oriented windows, set in a single or paired configuration, are typical on Italianate buildings. Some windows have segmental-arched upper sash. Several buildings, typically Progressive-era flats buildings, feature curved wood sash windows set in curved structural bays. Angled or curved bays typically contain three windows, though certain bays of corner buildings contain four or five windows. Most windows are rectangular although there are several buildings with arched windows.

Large flats buildings, particularly Romeo flats, have continuous stacked angled bays flanking enclosed central stair with flush window at each landing.

On visible side and rear elevations, windows are typically single or paired double-hung sash with simple wood surrounds.

While many buildings within the district retain some or all historic double-hung wood sash windows with ogee lugs on primary, street-facing elevations, many others have replacement sash. Replacement windows made of aluminum or vinyl

sash, casement or slider windows, or windows with divided lights that were added to buildings after the Period of Significance have not gained significance.

The addition of garages has altered the front facades and yards of many District properties. Many of the historic buildings within the district were not originally constructed with an integrated automobile garage. Many front yards have been fully or partially paved to accommodate driveways for garages inserted in the basement of many buildings. Garage structures, openings, and driveways have not gained significance.

Several corner buildings have ground floor commercial spaces that are characterized by glazed entry doors set in recessed vestibules with large, fixed storefront windows on solid raised bulkheads. Transom windows span the storefronts. D. Architectural Details

Common traits found throughout the district are bay windows, gable roofs, parapets, decorative cornices, ornamental shingles, and spindle work, as well as more classically influenced detailing such as dentils, pediments, columns, and applied plaster ornament.

Late Victorian- and Progressive-era architectural styles predominate with Italianate, Stick-Eastlake, Queen Anne, and Classical Revival styles most widely represented. Architectural details commonly found on the district’s Italianate and Stick-Eastlake buildings – usually at the smaller dwellings on alleys and narrow streets – include cornice lintels, bracketed hoods, raised panel friezes and bracketed cornices, and false shaped parapets sometimes with pent roofs for Italianates (3639 17th Street features a canted bay window with colonette mullions and an elaborate cornice at each story) and bracketed cornice caps, elaborate bracketed door hoods (flat or pedimented) and trim, false parapets with paneled friezes, brackets, raised porches with spindlework frieze and turned wood supports, and projecting cornices on Stick-Eastlakes (3656 17th Street chamfered bay window features mullions with engaged colonettes and paneled aprons, while a cornice defines its first story windows; 3620-3624 17th Street features a box bay capped with a tall, false pedimented gable with sunburst inlay).

Folk Victorian buildings were most often simple working-class residences, or modest vernacular buildings that were adorned with basic decorative elements such as spindle work porches or cornice-line brackets

The district’s larger flats buildings, facing onto the wider, primary streets, are typically Classical Revival style, including all the district’s Romeo Flats buildings. Buildings in the district in this style feature wide angled or round bay windows, flat roofs, bulky projecting cornices with modillions or dentils, raised panel spandrels, scroll keystones, broken entablatures, and pedimented and columned porch or portico entries.

Architectural details commonly found on Queen Anne buildings in the district include raked cornices, flared eaves, shingled tympanums, fish-scale shingling, projecting bracketed cornices, steeply pitched gable roofs, finials, geometric applied ornament at spandrel panels, dentils, friezes decorated with wood ornament, egg and dart molding, cut-out screens, sunbursts, intermediate cornices, window and door hoods, spindle screens, turned wood balustrades and newel posts, turned wood porch supports, a variety of wood cladding and patterned wood shingles, arched porticos, and Corinthian or Composite columns and pilasters.

(Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026)

SEC. 7. DEFINITIONS.

Visibility: Visible from within a 150-foot radius of the parcel boundaries. Visibility from a public right-of-way can be determined by drawing circles with a radius of 150 feet at each corner of a lot that fronts on a public right-of-way and then determining which portions of a property are visible when standing in the public right-of-way. Public Right-of-Way: A public right-of-way is a street or sidewalk.

Primary Façade or Elevation: A primary façade is a building’s main street-facing façade. Corner buildings have two primary façades.

Rear Façade or Elevation: The rear façade is located at the rear of the building and faces the backyard. (Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026)

SEC. 8. STANDARDS OF REVIEW OF APPLICATIONS.

The standards for review of all applications for Certificates of Appropriateness are as set forth in Section 1006.6 of Article 10. For the purposes of review under those standards, the “character of the Historic District” shall mean the exterior architectural features of the Chula-Abbey Early Residential District referred to and described in Section 6 of this Appendix.

The three levels of review are: “No Certificate of Appropriateness” is required; an “Administrative Certificate of Appropriateness” is required, which is approved administratively by Planning Department Preservation staff as delegated pursuant to Section 1006.2(b) of the Planning Code; and “Certificate of Appropriateness” is required pursuant to Section 1006 of the Planning Code at a regularly scheduled Historic Preservation Commission hearing. The procedures, requirements, controls and standards of Article 10 of the Planning Code shall apply to all applications for Certificates of Appropriateness and/or Administrative Certificates of Appropriateness in the Chula-Abbey Early Residential District. Any exterior change within the Chula-Abbey Early Residential District shall require a Certificate of Appropriateness, pursuant to the provisions of Article 10, when such work requires a City permit, with the exception of: scopes of work outlined in Section 1005(e)(1-10) of Article 10; projects subject to the Housing Accountability Act (HAA) that comply with the Preservation Design Standards; and, the specific scopes of work as outlined below.

Ancillary Structures within the Rear Yard – Construction or Removal

No Certificate of Appropriateness shall be required for the construction of any structure within the rear yard that is no more than ten feet in height above grade and covers no more than 120 square feet of land regardless of visibility from public rights-of-way. A Certificate of Appropriateness shall not be required for the removal of any non-historic ancillary structure within the rear yard.

Cladding

No Certificate of Appropriateness shall be required for replacement of cladding on rear facades not visible from the public right-of-way. Vinyl siding will not be permitted on any elevation regardless of visibility.

Decks, Stairs & Railings

Front Stairways and Railings: No Certificate of Appropriateness shall be required for the replacement of stairways and/or railings with compatible stairways and/or railings provided that the proposal is based on physical or documented evidence and is found to be compatible in terms of location, configuration, materials, and details with the characterdefining features of the building and/or district. This does not apply to the replacement of porticos, porches, or other architectural components of the entry.

Rear Yard Decks, Stairs, and Railings: No Certificate of Appropriateness shall be required for repair, replacement, or installation of decks, stairways and associated structural elements (such as firewalls) or elevator shafts located at rear of subject property regardless of visibility from public rights-of-way.

Doors, Windows, and Other Openings

Doors, Windows, and Other Openings – non-visible elevations: No Certificate of Appropriateness shall be required for replacement of doors, including garage doors, and windows in existing openings at elevations not visible from the public right of way. No Certificate of Appropriateness shall be required for adding, expanding or removing openings at elevations not visible from the public right of way.

Garage Doors: A Certificate of Appropriateness shall not be required for the replacement of an existing garage door and/or trim provided that the new features are compatible in terms of material, pattern, finish, and fenestration.

Replacement garage doors must have a solid, painted finish and may feature no more than 25 percent glazing. Tradesman Doors: No Certificate of Appropriateness shall be required for replacement of tradesman doors provided the new tradesman door is compatible with the building and District to minimize visual impacts on the character-defining features of the building and District.

Exploratory and Investigative Work

No Certificate of Appropriateness shall be required for the removal of non-historic material to conduct investigation about the historic structure and to determine the existence of underlying historic materials, ghosting, and scarring. This scope of work shall be limited, at the Department’s discretion, to no more than 15% of the total surface area of the façade. This work area must be stabilized and protected after the investigation is complete.

Fences

A Certificate of Appropriateness shall not be required for the construction or replacement of rear or side yard fences.

Ground Disturbance

Most properties within the Chula-Abbey Early Residential District are also located within the Planning Department’s Archaeological Sensitivity Zone 1 (areas that have high sensitivity for archaeological resources that are at or just beneath the current ground surface). No Certificate of Appropriateness shall be required for any project where ground disturbance is not: 2 feet or deeper (depth below existing street elevation), and more than 25 cubic yards.

Where a project exceeds the ground disturbance criteria of Zone 1, no Certificate of Appropriateness shall be required where Planning Department cultural resources staff, after initial review, determines that the proposed development project is unlikely to result in damage or destruction of significant archaeological resources.

Non-Contributory buildings:

No Certificate of Appropriateness shall be required for any exterior change on elevations not visible from the public rights-of-way for non-contributory properties.

No Certificate of Appropriateness shall be required for any alteration or replacement of exterior building features on visible elevations of non-contributory properties, provided that reasonable efforts shall be made to produce compatibility with the District, and in no event shall there be a greater deviation from compatibility. The Planning Department will evaluate these proposals for compatibility with the character of the historic district as described in the designating ordinance, as set forth in Section 1006.6 of the Planning Code.

Preservation Design Standards

A Certificate of Appropriateness shall not be required for projects involving additions and modifications of district buildings that are also subject to the Housing Accountability Act (HAA), provided they comply with the adopted objective design standards outlined in the Preservation Design Standards.

Ordinary Maintenance and Repairs

No Certificate of Appropriateness shall be required if the proposed work consists of ordinary maintenance and repairs, as defined in Section 1005 (e)(3) of the Planning Code as any work, the sole purpose and effect of which is to correct deterioration, decay or damage of existing materials, including repair of damage caused by fire or other disaster.

Replacement of Character-Defining Features

A Certificate of Appropriateness shall not be required for the in-kind replacement of character-defining features that are deteriorated beyond repair, including historic architectural details such as porticos, porches, cornices, stringcourses,

plaster work, tympanum, roofline, and eaves) regardless of visibility from the public right-or-way.[1] For this standard, “in kind” shall mean repair or replace exactly to match the feature’s material, dimensions, finish, profile, and details. Use of alternative material(s) does not qualify as “in-kind.”

Roofing – Repair or Replacement

No Certificate of Appropriateness shall be required for roof repair or replacement provided the proposed roof work does not change the roof character, form, structure, or character-defining features. New roofing shall be compatible with existing roofing.

No Certificate of Appropriateness shall be required for repair and/or replacement of roofing materials other than visible surface materials, including but not limited to underlayment, structural members, chimneys, gutters, and scuppers, that does not alter the existing roof’s form or character-defining features.

Rooftop Equipment (excluding cellular installations)

A Certificate of Appropriateness shall not be required for the installation of rooftop equipment provided that the rooftop equipment is not visible from a public right-of-way and that the rooftop equipment is installed in a manner that

may be easily removed in the future without disturbing any historic fabric.

Security Measures

A Certificate of Appropriateness shall not be required for installation or replacement of metal security doors, window grilles, or security gates on rear elevations regardless of visibility from the public right-of-way.

Solar Panels

A Certificate of Appropriateness shall not be required for the installation of solar panels, including the installation of structures that support solar panels, regardless of visibility, provided that the installation would not require alterations to the building greater than normally required to install a solar energy system, such as:

• (a) Set with a low profile, and

• (b) Mounted parallel with the slope of the roof (if roof is sloped greater than 1/12), and

• (c) Not visible from adjacent street sightlines if on a flat roof, and

• (d) Set in from the perimeter walls of the building, including the building’s primary façade.

Windows

Window Repair: Repair and retention of historic windows is encouraged. No Certificate of Appropriateness shall be required to correct deterioration, decay, or damage to existing historic windows, at any façade, including window glazing, sash, muntins, jambs, pulleys, sills and other historic window components. See “Ordinary Maintenance and Repairs.”

Window Replacement – Windows visible from public right-of-way: No Certificate of Appropriateness shall be required for replacement of non-historic windows, provided that replacement windows are wood (original windows are assumed to have been wood); are recessed between two and three inches from the surrounding exterior wall surfaces, measured from the primary exterior cladding to sash; have true divided lites or simulated divided lites with dark-colored spacers where sash feature muntins. Replacement windows are not required to be single-glazed even if the original windows are single-glazed. Vinyl windows are not permitted as a replacement for any window.

Window Replacement – Windows not visible from public rights-of-way: No Certificate of Appropriateness shall be required for window replacement on façades not-visible from the public right-of-way, provided the replacement windows occur within the existing opening. Replacement windows can be any material (except vinyl), any configuration, operation, profile, or dimension. Vinyl windows are not permitted as a replacement for any window. (Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026) CODIFICATION NOTE

1. So in Ord. 14-26.

SEC. 9. ADDITIONAL PROVISIONS FOR ALTERATIONS, ADDITIONS AND NEW CONSTRUCTION.

Excluding the exceptions defined in this Appendix.[1] any exterior change to a contributory or non-contributory building or new construction within the Chula-Abbey Early Residential District shall require a Certificate of Appropriateness, pursuant to the provisions of Article 10, when such work requires a City permit. The following standards shall guide the approval of exterior alterations, additions, and new construction.

(a) Character of the district. New construction shall complement and support the historic character of the district. Proposals for exterior alterations that result in greater conformity with the character of the district and are based on physical or documented evidence are encouraged.

(b) Historic Materials. Exterior alterations or new construction shall not destroy historic materials.[1] features and spatial relationships that characterize the property. Repair and retention of historic windows is encouraged.

(c) Compatibility. New construction shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. Additions shall be reviewed for compatibility with the historic building and the District, while infill construction shall be reviewed for compatibility with the overall District. Neither should imitate nor replicate existing features. Additions should not physically or visually dominate existing buildings in the District. Infill construction should reflect the character

of the District, including the prevailing heights of contributing buildings without creating a false sense of history. The following standards shall guide the approval of additions and new construction:

Additions. Horizontal and vertical additions on contributing and non-contributing buildings, as well as addition of new features such as garages or window openings in visible elevations of contributing buildings, shall be reviewed on a case-by-case basis. Proposed additions should be located in an inconspicuous location and not result in a radical change to the form or character of the historic building or surrounding District. Due to their diminutive scale and the setbacks of many of the contributory buildings along the narrow alleys and side streets in the District, vertical additions to the contributory buildings facing Chula Lane and Abbey Street are generally discouraged unless it is can be demonstrated that the addition does not impair the form or character-defining features of the building, and that it is not visible from the surrounding public rights-of-way within the District.

As part of the Planning Department review process, the project sponsor shall conduct and submit an analysis that illustrates the relative visibility of a proposed vertical addition from within the District. As part of this analysis, sightline cross-sections and perspective drawings illustrating the proportionality and scale, as well as the visible extent of the addition from prescribed locations should be submitted.

The Planning Department will evaluate these proposals for compliance with the Secretary of the Interior’s Standards (as set forth in Section 1006.6 of the Planning Code), and, may, at their discretion, refer to the Site Design/Architecture standards of the Preservation Design Standards (adopted by Historic Preservation Commission).

New Construction. Where the District provides an opportunity for new construction through existing vacant parcels or by replacing non-contributing buildings, a sensitive design is of critical importance. The new construction shall respect the general size, shape, and scale of the character-defining features associated with the district and its relationship to the character-defining features of the immediate neighbors and the district. Contributory buildings within the District should be utilized and referenced for design context. For new construction, contemporary design that respects the District’s existing character-defining features without replicating historic designs is encouraged. The Planning Department will evaluate these proposals for compatibility with the character of the historic district as described in the designating ordinance, as set forth in Section 1006.6 of the Planning Code, and, when applicable, the Citywide Design Standards. The following standards shall guide the approval of exterior alterations and new construction:

1. Style. New construction shall be compatible with the character-defining features of the district, yet is contemporary in design.

2. Scale and Proportion. New construction shall be compatible with the massing, size, and scale of the adjacent contributing buildings within the district.

3. Setbacks. New construction shall conform to existing setback patterns found in adjacent buildings and within the district.

4. Roofline. Gabled, cross-gabled, or hipped roof forms or flat roofs with projecting cornices are common within the district and new construction shall reference the massing and form of adjacent buildings.

5. Dormers and Additions. The enlargement or construction of dormers, penthouses and horizontal or vertical additions shall be designed in a manner that requires minimal change to the character-defining features of the subject building and the district in terms of materials, fenestration, cladding, massing and ornamentation.

6. Garages. The insertion of a garage shall minimize the physical and visual impacts on the character-defining features of the existing building and front yard setting. The design of garages and garage doors shall be unobtrusive and simple. Painted roll-up doors with panels and minimal glazing are encouraged.

7. Driveways and Front Yard Setbacks. The addition of new driveways shall minimize the removal of landscaping and include permeable paving materials in order to minimize disruption to front yard setbacks and the character-defining features of the subject building and the district.

8. Details. Architectural details on new construction shall be contemporary, yet compatible with the characterdefining features found on the contributing buildings within the district. (Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026)

CODIFICATION NOTE 1. So in Ord. 14-26.

SEC. 10. SIGNIFICANCE OF INDIVIDUAL BUILDINGS TO THE DISTRICT.

Each building within the Chula-Abbey Early Residential District is assigned to either of the following categories. Contributory. This category identified buildings that date from the District’s period of significance and retain integrity. These structures are of the highest importance in maintaining the character of the District. The maximum suspension period allowable under Article 10 shall be imposed on applications for demolition of Contributory buildings. The following buildings are deemed Contributory to the Chula-Abbey Early Residential District:

Noncontributory. This category identifies buildings that postdate the District’s period of significance and/or no longer retain sufficient integrity to convey significance.

The following buildings shall be deemed Noncontributory to the Chula-Abbey Early Residential District:

(Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026)

SEC. 11. PAINT COLOR.

Nothing in this legislation shall be construed to regulate paint colors within the District. (Added by Ord. 14-26, File No. 251100, App. 2/13/2026, Eff. 3/16/2026)

APPENDIX Q TO ARTICLE 10 - ALERT ALLEY EARLY RESIDENTIAL DISTRICT.

SEC. 1. FINDINGS AND PURPOSES.

The Board of Supervisors hereby finds that the area known and described in this ordinance as the Alert Alley Early Residential District contains 21 buildings that have a special character and special historical, architectural and aesthetic interest and value, and constitutes a distinct section of the City. The Board of Supervisors further finds that designation of said area as a Historic District will be in furtherance of and in conformance with the purposes of Article 10 of the Planning Code and the standards set forth therein, and that preservation on an area basis rather than on the basis of individual structures alone is in order.

This ordinance is intended to further the general purpose of historic preservation legislation as set forth in Section 1001 of the Planning Code, to promote the health, safety and general welfare of the public. (Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026)

SEC. 2. DESIGNATION.

Pursuant to Section 1004 of the Planning Code, the Alert Alley Early Residential District is hereby designated as an Article 10 Historic District, this designation having been duly approved by Resolution No. 1496 of the Historic Preservation Commission and Resolution No. 21857 of the Planning Commission, which Resolutions are on file with the Clerk of the Board of Supervisors under File No. 251101 and which Resolutions are incorporated herein and made part hereof as though fully set forth.

(Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Alert Alley Early Residential District include properties on the south side of 15th Street between Landers Street and Dolores Street and properties on the east side of Landers Street between 15th Street and Alert Alley; properties on the north side of 16th Street between Dolores Street and Landers Street and a grouping of properties on the west side of Landers Street between Alert Alley and 16th Street. The District includes lots contained within Assessor’s Block 3557 and shall be as designated on the Alert Alley Early Residential District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 251101, which Map is hereby incorporated herein as though fully set forth.

ing of properties on the west side of Landers Street between Alert Alley and 16th Street. The District includes lots contained within Assessor’s Block 3557 and shall be as designated on the Alert Alley Early Residential District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 251101, which Map is hereby incorporated herein as though fully set forth.

The boundaries of Alert Alley Early Residential District are outlined. (Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026)

SEC. 4. RELATION TO PLANNING CODE AND THE PROVISIONS OF THE CHARTER OF THE CITY AND COUNTY OF SAN FRANCISCO.

(a) Article 10 of the Planning Code is the basic law governing historic preservation in the City and County of San Francisco. This ordinance, being a specific application of Article 10, is both subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this ordinance, nothing in this ordinance shall supersede, impair or modify any Planning Code provisions applicable to property in the Alert Alley Early Residential District, including but not limited to existing and future regulations controlling uses, height, bulk, lot coverage, floor area ratio, required open space, off-street parking and signs.

(Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026)

SEC. 5. STATEMENT OF SIGNIFICANCE.

Identified through the Mission Dolores Neighborhood Context Statement & Survey, the Alert Alley Early Residential District is a one-block long stretch of properties, centered on Alert Alley and Landers Street, significant as a representative collection of Italianate, Classical Revival, and Queen Anne residential buildings associated with the themes of “Early Neighborhood Development (1864-1906)” and “1906 Earthquake and Reconstruction (1906-1915).” The period of significance is 1890 to 1910. The District is comprised of 21 properties, eighteen of which include contributing resources, located in the Mission Dolores neighborhood. There are three non-contributing properties.

The Alert Alley Early Residential District is significant as a representative collection of residential buildings that physically illustrate the neighborhood’s pre- and post-1906 Earthquake and Fires development transition. Because it was spared from the 1906 fires that decimated many other nearby neighborhoods, the district provides a unique combination of early, small scale single-family homes along with post-1906 reconstruction era larger scale multi-family flats and apartments. The Alert Alley Early Residential District is a collection of buildings that represents the early small-scale residential and agricultural development patterns of the Mission Dolores neighborhood as well as larger residential flats and apartments indicative of the post-1906 reconstruction period. The district is also notable as it contains several buildings, including 260-264 and 266-268 Dolores Street, associated with the Dolores Street Fire Line, which served as a firebreak preserving properties west of Dolores from destruction in the devastating post-earthquake fires.

ores neighborhood as well as larger residential flats and apartments indicative of the post-1906 reconstruction period. The district is also notable as it contains several buildings, including 260-264 and 266-268 Dolores Street, associated with the Dolores Street Fire Line, which served as a firebreak preserving properties west of Dolores from destruction in the devastating post-earthquake fires.

The Alert Alley Early Residential District also is architecturally significant as a distinctive grouping of Victorian-era residential dwellings in Italianate, Stick-Eastlake, and Queen Anne styles. Along the narrow alleys, the pioneer origins of the buildings are indicated via setbacks, small building footprints, and low-slung massing, which stand out amongst the many larger rowhouses and flats that comprise much of the rest of the urbanized neighborhood. In the post-earthquake period, the Mission Dolores neighborhood transitioned from a semi-suburban, single-family dwelling area at the periphery of the city, to a dense neighborhood fully integrated into the larger urban context, characterized by an increase in multifamily development, particularly with the construction of apartment buildings and flats, including “Romeo Flats,” in Classical Revival and Queen Anne architectural styles.

The period of significance for the District is 1890 to 1910, inclusive of the period of construction of all contributing buildings within the District. Additional historic information, and descriptions of individual buildings, may be found in the Alert Alley Early Residential District Designation Report, which is hereby incorporated herein as though fully set forth. (Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026)

SEC. 6. CHARACTER-DEFINING FEATURES.

Whenever a building, district, site, object, or landscape is under consideration for Article 10 Landmark designation, the Historic Preservation Commission is required to identify character-defining features. This is done to enable owners and

the public to understand which elements are considered most important to preserve the historical and architectural character of the proposed landmark or landmark district.

The character-defining interior features of buildings in the district are identified as: None.

The character-defining exterior features of contributory buildings in the district are identified as: All exterior elevations, rooflines, historic doors and fenestration, historic materials and finishes, historic front setbacks, and historic architectural details, as described below.

The following section describes in further detail the character-defining features of the district and of individual buildings.

A. Overall Form, Scale and Proportion

Due to the brief period of construction – most buildings were constructed between 1890 and 1910 – buildings within the district exhibit characteristics of one of two basic residential property types: single-family early residential or multi-family reconstruction residential (as defined in the Mission Dolores Neighborhood Context Statement).

District buildings are all residential, composed primarily of attached or semi-attached, single-family dwellings and residential flats or apartments. Buildings in the district range from 1 ½ story-over-basement to four stories in height, with 1-½ and three stories predominating. Roof forms are predominantly flat or front-facing gable behind a projecting parapet and/or cornice. An exception is 1919-1923 15th Street which has a hipped roof.

The district’s smallest residences are on lots facing the neighborhood’s alleys and narrow mid-block streets. These buildings are typically 1 ½- to two-stories in height, have raised, recessed entrances accessed by wood staircases with turned balustrades (most stairs have dogleg configurations, replacing original straight run), often have deep front setbacks, and feature modest Italianate or Stick-Eastlake detailing on the primary, street-facing facades. Some of these smaller buildings have been converted from single- to two-units.

Buildings fronting wider streets – 15th, 16th, or Dolores streets – have larger footprints, are taller, and consist of residential flats or apartments. These buildings are typically 2 ½- to four-stories in height, have recessed, raised entrances, straight run stairs, and feature Queen Anne, Classical Revival, Italianate, or Stick-Eastlake detailing on the primary, streetfacing facades. Romeo Flats buildings along 15th Street are built to the front lot line while residential flats buildings at 16th Street are setback with shallow front yards behind low cast stone walls topped with metal railings. On Dolores Street, residential flats buildings are setback with raised front yards bounded by cast stone retaining walls.

Although the roof forms – particularly at the non-visible rear facade – of a substantial number of buildings have been altered to incorporate skylights, small dormer windows, fire escapes, stair penthouses, or solar panels these alterations were constructed outside of the Period of Significance and have not gained significance.

General characteristics of the district’s two primary residential building types (Single-Family Early Residential and Multi-Family Reconstruction Residential) and one sub-type (Romeo Flats) are:

Single-Family Early Residential: Properties dating from the ¡§Early Neighborhood Development (1864-1906)¡¨ period are unified by their small-scale form, massing, and materiality representative of the early residential and agricultural development of the Mission Dolores neighborhood. Character-defining features of the properties within the district dating from this period include:

• Small, one-story over- integrated garage or two-story massing

• Horizontal painted wood siding

• Flat front with front facing gable roof or Italianate style parapet roof form

• Original wood double-hung windows with ogee lugs

• Architectural ornament including brackets, applied columns, window and/or door hoods, and other façade ornamentation indicative of the Italianate style

• Front setback or location on lot in reference to street

• Central or offset primary entrance stair

Multi-Family Reconstruction Residential: Properties dating from the “Earthquake and Reconstruction (1906-1915)” period are unified by their larger scale, form, and massing to meet housing needs of the growing population of the Mission

Dolores neighborhood. Character-defining features of the residential flats or apartment buildings within the district dating from this period include:

• Two or three-story over-integrated garage or three-story massing

• Horizontal painted wood siding

• Front-facing gable roof or projecting cornice

• Wood double-hung windows with ogee lugs

• Single or paired projecting bay(s) at front facade

• Front setback/location on lot in reference to street

• Offset entrance with original stair configuration

Romeo Flats: The Romeo flat, a San Francisco-based, high-density form of rental housing with four to six units, generally for working-class tenants, was typically built after the 1906 earthquake and fires. Romeo flats are multi-unit, residential buildings with three bays lining the façade. An open or enclosed, central winding staircase located in the

central bay divides the façade vertically. Balconies are located at each story of the central bay if it is open. When enclosed, windows are located at each landing. The district’s buildings along 16th Street include a row of Romeo Flats. B. Materials and Finishes

Buildings in the district are of wood frame construction and were historically clad in horizontal wood siding. Exterior surface finishes are painted. Channel drop wood siding is typical at the secondary and rear facades, while a combination of flush lap, channel drop, clapboard, or shaped shingles are typically found at the primary facades. Most buildings retain their historic siding though a few were later clad in stucco, masonite, or composite shingle siding. These replacement siding materials have not gained significance.

Historically, there were several types of stairs constructed in the district: longer flights of wood stairs that typically project out from Italianate or Stick-Eastlake style buildings and shorter flights typically found within the recessed entries of Progressive-era flats and apartment buildings.

At the buildings along alleys and narrow streets, entry stairs were solid and uniform in appearance: featured closed risers, solid cheek walls beneath the stairs, turned wood balustrades, and capped newel posts, and had a painted finish. Some flights of stairs were later replaced with new wood stairs and balusters. Raised entrances to these smaller residential buildings lead to narrow openings highlighted with wood trim and bracketed hoods. Wood paneled and glazed doors with transom window sit within a shallow paneled recess.

heek walls beneath the stairs, turned wood balustrades, and capped newel posts, and had a painted finish. Some flights of stairs were later replaced with new wood stairs and balusters. Raised entrances to these smaller residential buildings lead to narrow openings highlighted with wood trim and bracketed hoods. Wood paneled and glazed doors with transom window sit within a shallow paneled recess.

Progressive-era buildings – Queen Anne or Classical Revival style – within the district, particularly those on 15th, 16th, and Dolores streets, feature wood or terrazzo steps with solid cheek walls and landings. These stairs are typically located partially within the building envelope and provide access to recessed entrance doors. The recessed vestibules have wood paneled walls, coffered or stucco-clad ceilings, and floors clad in wood, terrazzo, or tile (usually hexagonal tiles with a polychromatic trim or mosaic tile). Entrances of Progressive-era flats are typically flanked by Classical columns or pilasters, and decorated with applied plaster ornament, such as garlands and floral friezes.

While compatible, replacement stairs have not gained significance in their own right.

Existing gable roofs are typically finished with asphalt or composite shingles. Though generally compatible, these roofing materials have not gained significance.

C. Doors and Fenestration

Many of the district’s buildings retain their original primary entrance doors. These paneled wood doors, often slightly wider than contemporary entrance doors, are commonly glazed at the upper portion and feature corniced and bracketed hoods and incised or applied ornament. Occasionally, a single fixed window is located adjacent to the entry door of Queen Anne buildings, and many entry doors are topped with transom windows.

Fenestration is remarkably consistent throughout the district, consisting of vertically oriented double-hung single-light wood sash windows, with ogee lugs, set in wood surrounds. Windows are typically set in wide angled bays with smaller windows set flush with the facade, often adjacent to or above the primary entry. Window surrounds are typically topped with cornices, occasionally featuring pediments, with ornamented details. Smaller vertically oriented windows, set in a

single or paired configuration, are typical on Italianate buildings. Several buildings, typically Progressive-era flats buildings, feature curved wood sash windows set in curved structural bays. Angled or curved bays typically contain three windows, though certain bays of corner buildings contain four or five windows. Most windows are rectangular although there are several buildings with arched windows. The building at 1949 15th Street is the only building that retains an original two-over-two light double-hung wood sash window on primary elevation.

Large flats buildings, particularly Romeo flats, have continuous stacked angled bays flanking enclosed central stair with flush window at each landing.

On visible side and rear elevations, windows are typically single or paired double-hung sash with simple wood surrounds.

While many buildings within the district retain some or all historic double-hung wood sash windows with ogee lugs on primary, street-facing elevations, many others have replacement sash. Replacement windows made of aluminum or vinyl sash, casement or slider windows, or windows with divided lights that were added to buildings after the Period of Significance have not gained significance.

The addition of garages has altered the front facades and yards of many District properties. Many of the historic buildings within the district were not originally constructed with an integrated automobile garage. Portions of site walls were removed and front yards partially paved to accommodate driveways for garages inserted in the basement of many buildings. Several properties feature detached or semi-attached pop-out garages in the front yard. Garage structures, openings, and driveways have not gained significance.

D. Architectural Details

Common traits found throughout the district are bay windows, gable roofs, parapets, decorative cornices, ornamental shingles, and spindle work, as well as more classically influenced detailing such as dentils, pediments, columns, and applied plaster ornament.

Late Victorian- and Progressive-era architectural styles predominate with Italianate, Stick-Eastlake, Queen Anne, and Classical Revival styles most widely represented. Architectural details commonly found on the district’s Italianate and Stick-Eastlake buildings – usually at the smaller dwellings on alleys and narrow streets – include cornice lintels, bracketed hoods, raised panel friezes and bracketed cornices, and false shaped parapets sometimes with pent roofs for Italianates (1959 15th Street includes chamfered bay window decorated with pipe colonnettes and arched window heads) and bracketed cornice caps, bracketed door hoods (flat or pedimented), false parapets with paneled friezes, brackets, and projecting cornices on Stick-Eastlakes.

The district’s larger flats buildings, facing onto the wider, primary streets, are typically Classical Revival style, including all the district’s Romeo Flats buildings. Buildings in the district in this style feature wide angled or round bay windows, flat roofs, bulky projecting cornices with modillions or dentils, raised panel spandrels, scroll keystones, broken entablatures, and pedimented and columned porch or portico entries.

Architectural details commonly found on Queen Anne buildings in the district include raked cornices, flared eaves, shingled tympanums, fish-scale shingling, projecting bracketed cornices, steeply pitched gable roofs, finials, geometric applied ornament at spandrel panels, dentils, friezes decorated with wood ornament, egg and dart molding, cut-out screens, sunbursts, intermediate cornices, window and door hoods, spindle screens, turned wood balustrades and newel posts, turned wood porch supports, a variety of wood cladding and patterned wood shingles, arched porticos, and Corinthian or Composite columns and pilasters.

(Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026)

SEC. 7. DEFINITIONS.

For the purpose of this Appendix Q, the following terms shall have the following meanings:

Visibility: Visible from within a 150-foot radius of the parcel boundaries. Visibility from a public right-of-way can be determined by drawing circles with a radius of 150 feet at each corner of a lot that fronts on a public right-of-way and then

determining which portions of a property are visible when standing in the public right-of-way.

Public Right-of-Way: A public right-of-way is a street or sidewalk.

Primary Façade or Elevation: A primary façade is a building’s main street-facing façade. Corner buildings have two primary façades.

Rear Façade or Elevation: The rear façade is located at the rear of the building and faces the backyard. (Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026)

SEC. 8. STANDARDS OF REVIEW OF APPLICATIONS.

The standards for review of all applications for Certificates of Appropriateness are as set forth in Section 1006.6 of Article 10. For the purposes of review under those standards, the “character of the Historic District” shall mean the exterior architectural features of the Alert Alley Early Residential District referred to and described in Section 6 of this Appendix.

The three levels of review are: “No Certificate of Appropriateness” is required; an “Administrative Certificate of Appropriateness” is required, which is approved administratively by Planning Department Preservation staff as delegated pursuant to Section 1006.2(b) of the Planning Code; and “Certificate of Appropriateness” is required pursuant to Section 1006 of the Planning Code at a regularly scheduled Historic Preservation Commission hearing. The procedures, requirements, controls and standards of Article 10 of the Planning Code shall apply to all applications for Certificates of Appropriateness and/or Administrative Certificates of Appropriateness in the Alert Alley Early Residential Historic District.

Any exterior change within the Alert Alley Early Residential Historic District shall require a Certificate of Appropriateness, pursuant to the provisions of Article 10, when such work requires a City permit, with the exception of: scopes of work outlined in Section 1005(e)(1-10) of Article 10; projects subject to the Housing Accountability Act (HAA) that comply with the Preservation Design Standards; and, the specific scopes of work as outlined below.

Ancillary Structures within the Rear Yard – Construction or Removal

No Certificate of Appropriateness shall be required for the construction of any structure within the rear yard that is no more than ten feet in height above grade and covers no more than 120 square feet of land regardless of visibility from public rights-of-way. A Certificate of Appropriateness shall not be required for the removal of any non-historic ancillary structure within the rear yard.

Cladding

No Certificate of Appropriateness shall be required for replacement of cladding on rear facades not visible from the public right-of-way. Vinyl siding will not be permitted on any elevation regardless of visibility.

Decks, Stairs & Railings

Front Stairways and Railings: No Certificate of Appropriateness shall be required for the replacement of stairways and/or railings with compatible stairways and/or railings provided that the proposal is based on physical or documented evidence and is found to be compatible in terms of location, configuration, materials, and details with the characterdefining features of the building and/or district. This does not apply to the replacement of porticos, porches, or other architectural components of the entry.

Rear Yard Decks, Stairs, and Railings: No Certificate of Appropriateness shall be required for repair, replacement, or installation of decks, stairways and associated structural elements (such as firewalls) or elevator shafts located at rear of subject property regardless of visibility from public rights-of-way.

Doors, Windows, and Other Openings

Doors, Windows, and Other Openings – non-visible elevations: No Certificate of Appropriateness shall be required for replacement of doors, including garage doors, and windows in existing openings at elevations not visible from the public right of way. No Certificate of Appropriateness shall be required for adding, expanding or removing openings at elevations not visible from the public right of way.

Garage Doors: A Certificate of Appropriateness shall not be required for the replacement of an existing garage door and/or trim provided that the new features are compatible in terms of material, pattern, finish, and fenestration. Replacement garage doors must have a solid, painted finish and may feature no more than 25 percent glazing. Tradesman Doors: No Certificate of Appropriateness shall be required for replacement of tradesman doors provided the new tradesman door is compatible with the building and District to minimize visual impacts on the character-defining features of the building and District.

Exploratory and Investigative Work

No Certificate of Appropriateness shall be required for the removal of non-historic material to conduct investigation about the historic structure and to determine the existence of underlying historic materials, ghosting, and scarring. This scope of work shall be limited, at the Department’s discretion, to no more than 15% of the total surface area of the façade. This work area must be stabilized and protected after the investigation is complete.

Fences

A Certificate of Appropriateness shall not be required for the construction or replacement of rear or side yard fences. Ground Disturbance

Most properties within the Alert Alley Early Residential District are also located within the Planning Department’s Archaeological Sensitivity Zone 1 (areas that have high sensitivity for archaeological resources that are at or just beneath the current ground surface). No Certificate of Appropriateness shall be required for any project where ground disturbance is not: 2 feet or deeper (depth below existing street elevation), and more than 25 cubic yards.

strict are also located within the Planning Department’s Archaeological Sensitivity Zone 1 (areas that have high sensitivity for archaeological resources that are at or just beneath the current ground surface). No Certificate of Appropriateness shall be required for any project where ground disturbance is not: 2 feet or deeper (depth below existing street elevation), and more than 25 cubic yards.

Where a project exceeds the ground disturbance criteria of Zone 1, no Certificate of Appropriateness shall be required where Planning Department cultural resources staff, after initial review, determines that the proposed development project is unlikely to result in damage or destruction of significant archaeological resources.

Non-Contributory Buildings

No Certificate of Appropriateness shall be required for any exterior change on elevations not visible from the public rights-of-way for non-contributory properties.

No Certificate of Appropriateness shall be required for any alteration or replacement of exterior building features on visible elevations of non-contributory properties, provided that reasonable efforts shall be made to produce compatibility with the District, and in no event shall there be a greater deviation from compatibility. The Planning Department will evaluate these proposals for compatibility with the character of the historic district as described in the designating ordinance, as set forth in Section 1006.6 of the Planning Code.

Preservation Design Standards

A Certificate of Appropriateness shall not be required for projects involving additions and modifications of district buildings that are also subject to the Housing Accountability Act (HAA), provided they comply with the adopted objective design standards outlined in the Preservation Design Standards.

Ordinary Maintenance and Repairs

No Certificate of Appropriateness shall be required if the proposed work consists of ordinary maintenance and repairs, as defined in Section 1005 (e)(3) of the Planning Code as any work, the sole purpose and effect of which is to correct deterioration, decay or damage of existing materials, including repair of damage caused by fire or other disaster. Replacement of Character-Defining Features

A Certificate of Appropriateness shall not be required for the in-kind replacement of character-defining features that are deteriorated beyond repair, including historic architectural details such as porticos, porches, cornices, stringcourses,

plaster work, tympanum, roofline, and eave, regardless of visibility from the public right-or-way.[1] For this standard, “in kind” shall mean repair or replace exactly to match the historic feature’s material, dimensions, finish, profile, and details. Use of alternative material(s) does not qualify as “in-kind.”

Roofing – Repair or Replacement

No Certificate of Appropriateness shall be required for roof repair or replacement provided the proposed roof work does not change the roof character, form, structure, or character-defining features. New roofing shall be compatible with

existing roofing.

No Certificate of Appropriateness shall be required for repair and/or replacement of roofing materials other than visible surface materials, including but not limited to underlayment, structural members, chimneys, gutters, and scuppers, that does not alter the existing roof’s form or character-defining features.

Rooftop Equipment (excluding cellular installations)

A Certificate of Appropriateness shall not be required for the installation of rooftop equipment provided that the rooftop equipment is not visible from a public right-of-way and that the rooftop equipment is installed in a manner that may be easily removed in the future without disturbing any historic fabric.

Security Measures

A Certificate of Appropriateness shall not be required for installation or replacement of metal security doors, window grilles, or security gates on rear elevations regardless of visibility from the public right-of-way.

Solar Panels

A Certificate of Appropriateness shall not be required for the installation of solar panels, including the installation of structures that support solar panels, regardless of visibility, provided that the installation would not require alterations to the building greater than normally required to install a solar energy system, such as:

• (a) Set with a low profile, and

• (b) Mounted parallel with the slope of the roof (if roof is sloped greater than 1/12), and

• (c) Not visible from adjacent street sightlines if on a flat roof, and

• (d) Set in from the perimeter walls of the building, including the building’s primary façade.

Windows

Window Repair: Repair and retention of historic windows is encouraged. No Certificate of Appropriateness shall be required to correct deterioration, decay, or damage to existing historic windows, at any façade, including window glazing, sash, muntins, jambs, pulleys, sills and other historic window components. See “Ordinary Maintenance and Repairs.” Window Replacement – Windows visible from public right-of-way: No Certificate of Appropriateness shall be required for replacement of non-historic windows, provided that replacement windows are wood (original windows are assumed have been wood); are recessed between two and three inches from the surrounding exterior wall surfaces, measured from the primary exterior cladding to sash; have true divided lites or simulated divided lites with dark-colored spacers where sash feature muntins. Replacement windows are not required to be single-glazed even if the original windows are single-glazed. Vinyl windows are not permitted as a replacement for any window.

Window Replacement – Windows not visible from public rights-of-way: No Certificate of Appropriateness shall be required for window replacement on façades not-visible from the public right-of-way, provided the replacement windows occur within the existing opening. Replacement windows can be any material (except vinyl), any configuration, operation, profile, or dimension. Vinyl windows are not permitted as a replacement for any window. (Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026) CODIFICATION NOTE

1. So in Ord.15-26.

SEC. 9. ADDITIONAL PROVISIONS FOR ALTERATIONS, ADDITIONS AND NEW CONSTRUCTION.

Excluding the exceptions defined in this Appendix.[1] any exterior change to a contributory or non-contributory building or new construction within the Alert Alley Early Residential District shall require a Certificate of Appropriateness, pursuant to the provisions of Article 10, when such work requires a City permit. The following standards shall guide the approval of exterior alterations, additions, and new construction.

(a) Character of the district. New construction shall complement and support the historic character of the district. Proposals for exterior alterations that result in greater conformity with the character of the district and are based on physical or documented evidence are encouraged.

(b) Historic Materials. Exterior alterations or new construction shall not destroy historic materials.[1] features and spatial relationships that characterize the property. Repair and retention of historic windows is encouraged.

(c) Compatibility. New construction shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. Additions shall be reviewed for compatibility with the historic building and the District, while infill construction shall be reviewed for compatibility with the overall District. Neither should imitate nor replicate existing features. Additions should not physically or visually dominate existing buildings in the District. Infill construction should reflect the character of the District, including the prevailing heights of contributing buildings without creating a false sense of history. The following standards shall guide the approval of additions and new construction:

Additions. Horizontal and vertical additions on contributing and non-contributing buildings, as well as addition of new features such as garages or window openings in visible elevations of contributing buildings, shall be reviewed on a case-by-case basis. Proposed additions should be located in an inconspicuous location and not result in a radical change to the form or character of the historic building or surrounding District. Due to their diminutive scale and the setbacks of many of the contributory buildings along the narrow alleys and side streets in the District, vertical additions to the contributory buildings facing Alert Alley and Landers Street are generally discouraged unless it is can be demonstrated that the addition does not impair the form or character-defining features of the building and that it is not visible from the surrounding public rights-of-way within the District.

As part of the Planning Department review process, the project sponsor shall conduct and submit an analysis that illustrates the relative visibility of a proposed vertical addition from within the District. As part of this analysis, sightline cross-sections and perspective drawings illustrating the proportionality and scale, as well as the visible extent of the addition from prescribed locations should be submitted.

ing Department review process, the project sponsor shall conduct and submit an analysis that illustrates the relative visibility of a proposed vertical addition from within the District. As part of this analysis, sightline cross-sections and perspective drawings illustrating the proportionality and scale, as well as the visible extent of the addition from prescribed locations should be submitted.

The Planning Department will evaluate these proposals for compliance with the Secretary of the Interior’s Standards (as set forth in Section 1006.6 of the Planning Code), and, may, at their discretion, refer to the Site Design/Architecture standards of the Preservation Design Standards (adopted by Historic Preservation Commission).

New Construction. Where the District provides an opportunity for new construction through existing vacant parcels or by replacing non-contributing buildings, a sensitive design is of critical importance. The new construction shall respect the general size, shape, and scale of the character-defining features associated with the district and its relationship to the character-defining features of the immediate neighbors and the district. Contributory buildings within the District should be utilized and referenced for design context. For new construction, contemporary design that respects the District’s existing character-defining features without replicating historic designs is encouraged. The Planning Department will evaluate these proposals for compatibility with the character of the historic district as described in the designating ordinance, as set forth in Section 1006.6 of the Planning Code, and, when applicable, the Citywide Design Standards. The following standards shall guide the approval of exterior alterations and new construction:

1. Style. New construction shall be compatible with the character-defining features of the district, yet is contemporary in design.

2. Scale and Proportion. New construction shall be compatible with the massing, size, and scale of the adjacent contributing buildings within the district.

3. Setbacks. New construction shall conform to existing setback patterns found in adjacent buildings and within the district.

4. Roofline. Gabled, cross-gabled, or hipped roof forms or flat roofs with projecting cornices are common within the district and new construction shall reference the massing and form of adjacent buildings.

5. Dormers and Additions. The enlargement or construction of dormers, penthouses and horizontal or vertical additions shall be designed in a manner that requires minimal change to the character-defining features of the subject building and the district in terms of materials, fenestration, cladding, massing and ornamentation.

6. Garages. The insertion of a garage shall minimize the physical and visual impacts on the character-defining features of the existing building and front yard setting. The design of garages and garage doors shall be unobtrusive and

simple. Painted roll-up doors with panels and multi-lights are in keeping with the character of the district and are encouraged.

7. Driveways and Front Yard Setbacks. The addition of new driveways shall minimize the removal of landscaping and include permeable paving materials in order to minimize disruption to front yard setbacks and the character-defining features of the subject building and the district.

8. Details. Architectural details on new construction shall be contemporary, yet compatible with the characterdefining features found on the contributing buildings within the district. (Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026) CODIFICATION NOTE

9. So in Ord. 15-26.

SEC. 10. SIGNIFICANCE OF INDIVIDUAL BUILDINGS TO THE HISTORIC DISTRICT.

Each building within the Alert Alley Early Residential District is assigned to either of the following categories. Contributory. This category identified buildings that date from the District’s period of significance and retain integrity. These structures are of the highest importance in maintaining the character of the District. The maximum suspension period allowable under Article 10 shall be imposed on applications for demolition of Contributory buildings.

The following buildings are deemed Contributory to the Alert Alley Early Residential District:

Noncontributory. This category identifies buildings that postdate the District’s period of significance and/or no longer retain sufficient integrity to convey significance.

The following buildings shall be deemed Noncontributory to the Alert Alley Early Residential District:

(Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026)

SEC. 11. PAINT COLOR.

Nothing in this legislation shall be construed to regulate paint colors within the District. (Added by Ord. 15-26, File No. 251101, App. 2/13/2026, Eff. 3/16/2026)

0-0-0-28705

SEC. 1101. FINDINGS AND PURPOSES.

(a) It is hereby found that a substantial number of the buildings in the C-3 District have a special architectural, historical, and aesthetic value. These buildings contribute substantially to San Francisco's reputation throughout the United States as a City of outstanding beauty and physical harmony. A substantial number of these special buildings have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving and continuing their use, and without adequate consideration for the irreplaceable loss to the people of the City of their aesthetic, cultural, historic and economic value.

(b) It is further found that distinct and definable subareas within the C-3 District possess concentrations of buildings that together create a unique historic, architectural, and aesthetic character which contributes to the beauty and

attractiveness of the City. The quality of these geographic areas has been and continues to be degraded by the unnecessary demolition of buildings of substantial architectural and aesthetic merit, by their replacement with buildings which conflict with the character and scale of the area, and by alteration of buildings in a manner which conflicts with the character and scale of the area.

(c) It is therefore declared that the protection, enhancement, and perpetuation of buildings and definable subareas of special architectural, historical, and aesthetic interest is necessary to promote the health, safety, prosperity and welfare of the people of the City. Accordingly, the purposes of this Article are:

(1) The protection, enhancement, and perpetuation of structures and subareas of special architectural, historical, and aesthetic character which contribute to the urban environment;

(2) The maintenance and improvement of a healthy economy for the City by enhancing both property values and the City's attractiveness as a place to do business;

(3) The protection and improvement of the City's attractiveness to tourists and other visitors, and the stimulus to business provided thereby;

(4) The enrichment of the educational, cultural, aesthetic and spiritual life of the inhabitants of the City by fostering knowledge of the heritage of the City's past and retaining the quality of the City's urban environment.

(d) It is further found that the use of Transferable Development Rights ("TDR") as provided herein is necessary to promote the urban planning and design goals of the General Plan by:

(1) maintaining appropriate overall development capacities in each zoning district within the C-3 area, as defined by applicable floor area, height, bulk and other parameters;

(2) encouraging and directing development into the Special Development District in order to maintain a compact downtown financial district; and

(3) facilitating the retention of Significant Buildings and Contributory Buildings, and the compatible replacement or alteration of Unrated buildings in Conservation Districts, as defined in this Article.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Divisions (d) and (d)(3) amended; Ord. 95-12, Eff. 6/20/2012.

SEC. 1102. STANDARDS FOR DESIGNATION OF BUILDINGS.

The buildings in the C-3 Districts are divided into five categories according to the Building Rating methodology as set forth and explained in the Preservation of the Past section of the Downtown Plan, a component of the General Plan. Those categories are as follows:

• (a) Significant Buildings - Category I. Buildings that:

• (1) Are at least 40 years old; and

• (2) Are judged to be Buildings of Individual Importance; and

• (3) Are rated Excellent in Architectural Design or are rated Very Good in both Architectural Design and Relationship to the Environment.

• (b) Significant Buildings - Category II. Buildings:

• (1) That meet the standards in Section 1102(a) above; and

(2) To which, because of their depth and relationship to other structures, it is feasible to add different and higher replacement structures or additions to height at the rear of the structure, even if visible when viewing the principal facades, without affecting their architectural quality or relationship to the environment and without affecting the appearance of the retained portions as separate structures when viewing the principal facades. The designation of Category II Buildings shall identify for each building the portion of the building beyond which such additions may be permitted.

• (c) Contributory Buildings - Category III. Buildings that:

• (1) Are located outside a designated Conservation District; and

• (2) Are at least 40 years old; and

• (3) Are judged to be Buildings of Individual Importance; and

• (4) Are rated either Very Good in Architectural Design or Excellent or Very Good in Relationship to the Environment.

• (d) Contributory Buildings - Category IV. Buildings that:

• (1) Are located in a designated Conservation District; and

• (2) Are at least 40 years old; and

(3) Are judged to be Buildings of Individual Importance, and are rated either Very Good in Architectural Design or Excellent or Very Good in Relationship to the Environment.

(4) Are judged to be Buildings of Contextual Importance and are rated Very Good in Architectural Design and/or Excellent or Very Good in Relationship to the Environment.

(e) Unrated Buildings - Category V. Buildings that are not designated as Significant or Contributory. (Amended by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Minor style amendments throughout; Ord. 95-12, Eff. 6/20/2012.

SEC. 1102.1. DESIGNATION OF BUILDINGS.

The buildings in the C-3 District are classified as follows:

• (a) Significant Buildings - Category I. The buildings listed in Appendix A to this Article 11 are hereby designated as Significant Buildings - Category I.

(b) Significant Buildings - Category II. The buildings listed in Appendix B to this Article 11 are hereby designated as Significant Buildings - Category II.

(c) Contributory Buildings - Category III. The buildings listed in Appendix C to this Article 11 are hereby designated as Contributory Buildings - Category III.

(d) Contributory Buildings - Category IV. The buildings listed in Appendix D to this Article 11 are hereby designated as Contributory Buildings - Category IV.

(e) Unrated Buildings - Category V. All buildings in the C-3 District not otherwise designated in this Section are hereby designated as Unrated - Category V.

(Added by Ord. 414-85, App. 9/17/85; reenacted by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1103. STANDARDS FOR DESIGNATION OF CONSERVATION DISTRICTS.

Portions of the C-3 District may be designated as Conservation Districts if they contain substantial concentrations of buildings that together create subareas of special architectural and aesthetic importance. Such areas shall contain

substantial concentrations of Significant and Contributory Buildings and possess substantial overall architectural, aesthetic or historic qualities justifying additional controls in order to protect and promote those qualities.

(Added by Ord. 414-85, App. 9/17/85; reenacted by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1103.1. CONSERVATION DISTRICT DESIGNATIONS.

The following Conservation Districts are hereby designated for the reasons indicated in the appropriate Appendix:

(a) The Kearny-Market-Mason-Sutter Conservation District is hereby designated as set forth in Appendix E.

• (b) The New Montgomery-Mission-Second Street Conservation District is hereby designated as set forth in Appendix F.

• (c) The Commercial-Leidesdorff Conservation District is hereby designated as set forth in Appendix G.

• (d) The Front-California Conservation District is hereby designated as set forth in Appendix H.

• (e) The Kearny-Belden Conservation District is hereby designated as set forth in Appendix I.

• (f) The Pine-Sansome Conservation District is hereby designated as set forth in Appendix J.

• (g) The Mint-Mission Conservation District is hereby designated as set forth in Appendix K.

(Added by Ord. 414-85, App. 9/17/85; reenacted by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012;

amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)

AMENDMENT HISTORY

Division (b) amended; Ord. 182-12 , Eff. 9/7/2012. Division (g) added; Ord. 257-18, Eff. 12/3/2018.

SEC. 1104. RESERVED.

(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) SEC. 1105. RESERVED.

(Added by Ord. 414-85, App. 9/17/85; repealed by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1106. PROCEDURES FOR CHANGE OF DESIGNATION AND DESIGNATION OF ADDITIONAL SIGNIFICANT AND CONTRIBUTORY BUILDINGS.

Buildings may be designated as Significant or Contributory or their designation may be changed through amendment of Appendices A, B, C and D of this Article. Such designation or change of designation shall be governed by the following provisions in lieu of the provisions of Section 302:

(a) Initiation. The designation or change of designation of a Significant or Contributory building may be initiated by motion of the Board of Supervisors, by resolution of the Historic Preservation Commission (HPC), by the verified application of the owner or authorized agent of the affected property, by the application of any organization or group that has historic preservation stated as one of its goals in its bylaws or articles of incorporation, or by the application of at least 50 registered voters of the City. Except in the case of initiation by governmental bodies, any such application shall contain historic, architectural, and/or cultural documentation to support the initiation or change of designation as well as any additional information that may be required by the application procedures and policies established by the HPC. If initiated by motion of the Board of Supervisors, the Clerk of the Board of Supervisors shall refer the matter to the HPC for its review and recommendation prior to passage by the Board of Supervisors, without referral to the Planning Commission.

(b) Notice; Referral to the HPC; Review by the Planning Department. Upon determination by the Department that a verified application is complete and contains all necessary information or upon receipt of the motion or resolution of one of the governmental bodies set forth in Subsection (a) above, the Department shall:

(1) promptly schedule a hearing before the HPC on the proposed designation or change of designation; and

(2) send notice of the hearing by mail no less than 20 days prior to the date of the hearing to the owner(s) of the affected property; the applicant(s), if any, for the designation or change in designation; to the owners of all properties within 150 feet of the affected property; and to any interested parties who so request in writing to the Department.

(c) Action by the Historic Preservation Commission. The proposed designation or change of designation shall be placed on the agenda of the HPC for public hearing. The HPC shall determine the appropriate designation or change in designation of the building. If the HPC approves or modifies the proposed designation or change of designation in whole or in part, it shall transmit its recommendation, together with a copy of the resolution, to the Clerk of the Board of Supervisors without referral to the Planning Commission.

(d) Designation by Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any proposal so transmitted to it. The Board of Supervisors may approve, modify and approve, or disapprove the designation or change of designation by a majority vote of all its members.

(e) Appeal to Board of Supervisors. If the HPC disapproves the proposed designation or change of designation, such action shall be final except upon the filing of a notice of appeal to the Board of Supervisors within 30 days by the applicant or any of the persons, organizations or groups listed in Section 1106(a); provided, however, that if the proposal was initiated by the Board of Supervisors, the Clerk of the Board shall be notified immediately of the disapproval without the necessity for an appeal.

(f) Hearing and Decision by the Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any such proposal appealed to it or initiated by it. The Board of Supervisors may uphold the HPC, overrule the HPC and approve, or modify and approve, the designation or change of designation by a majority vote of all its members.

(g) Notice of Board of Supervisors Proceedings. Notice of the hearing scheduled before the Board of Supervisors, and of the availability of applicable reports, shall be given by mail no less than 20 days prior to the date of the hearing to the initiators of the designation or change of designation, to the owner(s) of any affected building, to any appellants, and to any other interested person or organization who so requests in writing to the Department.

(h) Grounds for Designation or Change of Designation. The designation of a building may be changed if

(1) changes in the area in the vicinity of a building located outside a Conservation District warrant a change in the rating of the building with respect to its relationship to the environment and therefore place it in a different category, pursuant to Section 1102; or

(2) changes in Conservation District boundaries make a building of Contextual Importance fall outside a Conservation District and therefore no longer eligible for designation as a Contributory building, or, conversely, make a building of Contextual Importance fall within a Conservation District and therefore eligible for designation as a Contributory Building; or

(3) changes in the physical features of the building due to circumstances beyond the control of the owner, or otherwise permitted by this Article, warrant placing the building in a different category pursuant to the standards set forth in Section 1102; or

(4) restoration of the building to its original quality and character warrants placing the building in a different category pursuant to the standards set forth in Section 1102; or

(5) by the passage of time, the building has become at least 40 years old, making it eligible to be considered for designation as a Significant or Contributory building, pursuant to Section 1102; or

(6) the discovery of new factual information (for example, information about the history of the building) makes the building eligible for rating as a Building of Individual or Contextual Importance and, therefore, eligible to be designated as a Significant or Contributory Building.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section header, undesignated introductory paragraph, and divisions (a), (b), (c), (e), (f), and (g) amended; Ord. 95-12, Eff. 6/20/2012.

SEC. 1107. PROCEDURES FOR DESIGNATION OF ADDITIONAL CONSERVATION DISTRICTS OR

BOUNDARY CHANGE OF CONSERVATION DISTRICTS.

A Conservation District may be designated or its boundary changed through amendment of Section 1103.1 of this Article 11. The HPC may recommend approval, disapproval, or modification of Conservation District designations or boundary changes to the Board of Supervisors. Such designation or boundary change shall be governed by the following provisions in lieu of the provisions of Section 302.

(a) Initiation of Designation or Boundary Change. The designation of an area of the C-3 District as a Conservation District or the change of District boundaries may be initiated by motion of the Board of Supervisors, by resolution of the HPC, upon the verified application of the owners or other authorized agents of greater than 25 percent of the structures in the area proposed for designation (or, as to an alteration, 25 percent of the structures of the proposed new district unless it would be an area smaller than the existing district, in which case it shall be 25 percent of the structures of the existing district), upon the verified application of any organization or group that has historic preservation stated as one of its goals in its bylaws or articles of incorporation, or upon the verified application of at least 150 registered voters of the City. Except in case of an initiation by governmental bodies, any such application shall contain historic, architectural, and/or cultural documentation to support the designation or boundary change as well as any additional information that may be required by the application procedures and policies established by the HPC.

(b) Notice; Referral to the Historic Preservation Commission; Review by the Planning Department. If a proposed Conservation District designation or boundary change is initiated by the Board of Supervisors, the Clerk of the Board shall refer the matter to the HPC for its review and recommendation. Upon determination by the Planning Department that a verified application is complete and contains all necessary information or upon receipt of a motion or resolution by the Board of Supervisors or the HPC initiating designation or a change in designation, the Department shall

(1) promptly schedule a hearing before the HPC on the proposed district or boundary change; and

(2) send notice of the HPC hearing by mail no less than 20 days prior to the date of the hearing to the initiators of the designation or boundary change, to the owners of all lots within the proposed new district or the district being modified, and to any interested parties who make a request in writing to the Department.

(c) Action by the HPC. The proposed designation or boundary change shall be placed on the agenda of the HPC for public hearing. If the HPC approves or modifies the proposed designation or boundary change in whole or in part, the Department shall transmit the HPC's recommendation together with a copy of the HPC's resolution and with any comments of the Planning Commission, as set forth in subsection (d) below, to the Clerk of the Board of Supervisors. (d) Review by the Planning Commission. Following action by the HPC, the Department shall promptly refer the HPC's recommendation on the proposed Conservation District designation or boundary change to the Planning Commission, which shall have 45 days to review and comment on the proposed designation or boundary change. The Planning Commission's comments, if any, shall be forwarded to the Board of Supervisors together with the HPC's recommendation. Notice of the Planning Commission hearing shall be given as provided in Section 1107(b) of this Article. The Planning Commission's comments shall be transmitted to the Board of Supervisors as a resolution and shall

(1) address the consistency of the proposed boundary change with the policies embodied in the General Plan and the priority policies of Section 101.1, particularly the provision of housing to meet the City's Regional Housing Needs Allocation, and the provision of housing near transit corridors;

(2) identify any amendments to the General Plan necessary to facilitate adoption of the proposed boundary change; and

(3) evaluate whether the proposed boundary change would conflict with the Sustainable Communities Strategy for the Bay Area.

(e) Designation by Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any proposal so transmitted to it. The Board of Supervisors may approve, modify and approve, or disapprove the designation or boundary change by a majority vote of all its members.

Prior to the Board of Supervisors' vote on a proposed boundary change, the Planning Department shall conduct thorough outreach to affected property owners and occupants. The Planning Department shall invite all property owners and occupants in the area covered by the proposed boundary change to express their opinion on the proposed boundary change. Such invitation shall advise owners of the practical consequences of the adoption of the proposed boundary change, including the availability of preservation incentives, the types of work requiring a Permit to Alter, the process and fees for obtaining a Permit to Alter, and the types of work that is generally ineligible to receive a Permit to Alter.

their opinion on the proposed boundary change. Such invitation shall advise owners of the practical consequences of the adoption of the proposed boundary change, including the availability of preservation incentives, the types of work requiring a Permit to Alter, the process and fees for obtaining a Permit to Alter, and the types of work that is generally ineligible to receive a Permit to Alter.

(f) Appeal to Board of Supervisors. If the HPC disapproves the proposed designation or boundary change, such action shall be final except upon the filing of a notice of appeal to the Board of Supervisors within 30 days by the applicant or any of the persons, organizations, or groups listed in Section 1107(a); provided, however, that if the proposal was initiated by the Board of Supervisors, the Clerk of the Board shall be notified immediately of the disapproval without the necessity for an appeal.

(g) Hearing and Decision by the Board of Supervisors. The Board of Supervisors, or a committee thereof, shall hold a public hearing on any such proposal appealed to it or initiated by it. The Board of Supervisors may uphold the HPC, overrule the HPC and approve, or modify and approve, the designation or boundary change by a majority vote of all its members.

(h) Notice of Board of Supervisors Proceedings. Notice of the hearing scheduled pursuant to this Section shall be given by mail no less than 20 days prior to the date of the hearing to: the applicants for the designation or alteration, if any; the owners of all lots within the proposed new district or the district being altered; appellants, if any; and to interested individuals or organizations who request such notice in writing to the Planning Department.

(i) Standards Applicable to Designation or Boundary Change. The standards governing the designation and change of District boundaries are those set forth in Section 1103. Areas may be removed from Conservation Districts if the character of the area has changed such that the area no longer qualifies under the standards set forth in Section 1103. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Undesignated introductory paragraph and divisions (a), (b), and (c) amended; new division (d) added and former divisions (d) through (h) redesignated as divisions (e) through (i) accordingly; divisions (e), (f), (g), and (h) amended; Ord. 95-12, Eff. 6/20/2012.

SEC. 1108. NOTICE OF DESIGNATION.

When a building has been designated Significant or Contributory or its designation is changed pursuant to Section 1106, or when a new Conservation District is established or the boundary of a Conservation District changed pursuant to Section 1107, the Planning Department shall notify each affected property owner by mail and shall cause a copy of the ordinance, or notice thereof, to be recorded with the County Recorder. The Planning Department shall file in its permanent records any new designation or change in designation of a Significant or Contributory Building or a new Conservation District or change of Conservation District boundary and shall notify the Central Permit Bureau pursuant to Section 1117 of this Article.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY Section amended; Ord. 95-12, Eff. 6/20/2012.

SEC. 1109. PRESERVATION LOTS: ELIGIBILITY FOR TRANSFER OF DEVELOPMENT RIGHTS.

Lots on which are located Significant or Contributory Buildings or Category V Buildings in those certain Conservation Districts and portions thereof as indicated in Section 8 of the Appendix relating to that District are eligible preservation lots as provided in Section 128 of this Code for the purposes of Transferable Development Rights ("TDR"), as provided in this Section:

(a) Significant Buildings. Lots on which are located buildings designated as Significant Buildings - Category I or Category II - are eligible to transfer the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Lots on which are located Significant Buildings which have been altered in conformance with the provisions of this Article retain eligibility for the transfer of TDR.

er the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Lots on which are located Significant Buildings which have been altered in conformance with the provisions of this Article retain eligibility for the transfer of TDR.

(b) Contributory Buildings. Lots on which are located buildings designated as Contributory Buildings - Category III or Category IV - are eligible to transfer the difference between the allowable gross floor area permitted on the lot by Section 124 of this Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met. Alteration or demolition of such a building in violation of Section 1110, or alterations or demolitions made without a permit issued pursuant to Sections 1111 through 1111.7, eliminates eligibility for the transfer of TDR; provided, however, that such eligibility may nonetheless be retained or acquired again if, pursuant to Section 1116(b), the property owner demonstrates as to any alteration that it was a Minor Alteration as defined in this Article and has applied for a Permit for Minor Alteration pursuant to Section 1111.1; or that the property owner has obtained a Permit to Alter to restore the original distinguishing qualities and character-defining features that were altered. Once any TDR have been transferred from a Contributory Building, the building is subject to the same restrictions on demolition and alteration as a Significant Building. These restrictions may not be removed by the transfer of TDR back to the building.

(c) Category V Buildings in Conservation Districts. Where explicitly permitted in Section 8 of the Appendix establishing a Conservation District, lots located in such a District on which are located Category V Buildings (designated as neither Significant nor Contributory) are eligible to transfer the difference between the allowable gross floor area permitted on the lot under Section 124 of the Code and the gross floor area of the development on the lot, if all the requirements for transfer set forth in Section 128 are met; provided, however, that a lot is eligible as a Preservation Lot pursuant to this Section only if:

(1) the exterior of the building is substantially altered so as to make it compatible with the scale and character of the Significant and Contributory Buildings in the district, including those features described in Sections 6 and 7 of the Appendix to Article 11 describing the relevant district, and has thus been determined by the HPC to be a Compatible Rehabilitation, and the building meets or has been reinforced to meet the standards for seismic loads and forces of the

Building Code ; or

(2) the building on the lot is new, having replaced a Category V Building, and has received approval by the HPC as a Compatible Replacement Building, pursuant to Section 1113.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Undesignated introductory paragraph and divisions (b) and (c) amended; Ord. 95-12, Eff. 6/20/2012.

SEC. 1110. CONSTRUCTION, ALTERATION OR DEMOLITION OF SIGNIFICANT OR CONTRIBUTORY BUILDINGS OR BUILDINGS IN CONSERVATION DISTRICTS.

(a) No person shall carry out or cause to be carried out any construction, alteration, removal or demolition of a structure or any work involving a sign, awning, marquee, canopy, mural, or other appendage, or any new or replacement construction for which a permit is required pursuant to the Building Code, on any designated Significant or Contributory Building or any building in a Conservation District unless a permit for such work has been approved pursuant to the provisions of this Article 11. Notwithstanding the foregoing, when the application is for a permit to maintain, repair, rehabilitate, or improve streets and sidewalks, including sidewalk widening, accessibility, and bulb-outs, the Planning Department shall process the permit without further reference to this Article 11, unless such streets and sidewalks have been explicitly called out in a conservation district's designating ordinance as character-defining features of the district. (b) The HPC shall approve, disapprove, or modify all applications for permits to alter or demolish any Significant or Contributory Buildings or buildings within Conservation Districts, and permits for any new and replacement construction

within Conservation Districts, subject to appeal as provided in Section 1115 of this Article 11. The HPC shall review and act on such permits prior to any other Planning approval action(s). Buildings or areas within the C-3 District designated pursuant to the provisions of both Article 10 and Article 11 shall be regulated pursuant to the procedures of both Articles. In case of conflict, the more restrictive provisions shall apply.

(c) If the proposed work would constitute a demolition as defined in Section 1005(f) of this Code, such work shall, in addition to any other requirements, be subject to the provisions of this Article 11 governing demolitions and shall require a "Permit to Demolish." All other proposed construction or alteration of a structure, including any new or replacement construction, or any work involving a sign, awning, marquee, canopy, mural, or other appendage work, but excepting ordinary maintenance and repairs, shall require a "Permit to Alter."

(d) No person shall demolish or cause to be demolished a Significant or Contributory Building or any building in a Conservation District without obtaining a Permit to Demolish and, if located within a Conservation District, a permit for a Compatible Replacement Building.

(e) If at any time following the approval of a Permit to Alter, changes are proposed to the scope of work such that the proposed new scope of work, if approved, would constitute a demolition as defined herein, the owner shall file a new application for a Permit to Demolish and shall obtain such approval prior to proceeding with the proposed new scope of work.

(f) A building permit application or amendment for any work that exceeds the scope of work of an approved Permit to Alter or Permit to Demolish shall be referred to the Planning Department by the Central Permit Bureau for HPC review and approval pursuant to this Article 11 before the permit may be approved or issued.

(g) Notwithstanding the foregoing, in the following cases the Department may process the permit application without further reference to this Article 11:

(1) When the application is for a permit for ordinary maintenance and repairs only. For the purpose of this Article 11, "ordinary maintenance and repairs" shall mean any work, the sole purpose and effect of which is to correct deterioration, decay, or damage of existing materials, including repair of damage caused by fire or other disaster.

(2) When the application is for a permit to construct any new or replacement structures on a site where a Significant or Contributory Building has been lawfully demolished pursuant to this Code and the site is not within a designated Conservation District; or

(3) When the application is for a permit to make interior alterations only and does not constitute a demolition as defined in this Article, unless the Planning Department has determined that the proposed interior alterations may result in any visual or material impact to the exterior of the building or when the designating ordinance or applicable Appendix in this Article requires review of such interior alterations;

(4) When the application is for a permit to construct an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, provided that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit conforms to the requirements of Section 207.2 of this Code.;1

(5) When the application is for a permit to install business signs or awnings as defined in Section 602 of this Code to a Significant or Contributory building or any building within a Conservation District, provided that signage, awnings, and transparency conform to the requirements set forth in Section 1111.6; or

(6) When the application is for a permit to install low-profile skylights that are not visible from a public right-of-way or public park, provided that the improvements conform to the requirements set forth in Section 1111.6. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012; Ord. 5323, File No. 210585, App. 4/21/2023, Eff. 5/22/2023; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)

AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012. Division (g)(3) amended; division (g)(4) added; Ord. 53-23, Eff. 5/22/2023. Divisions (g)(3)-(4) amended; divisions (g)(5)-(6) added; Ord. 33-24, Eff. 3/23/2024. Divisions (g)(1) and (4) amended; Ord. 62-24, Eff. 4/28/2024.

CODIFICATION NOTE

1. So in Ord. 33-24.

SEC. 1111. APPLICATIONS FOR PERMITS TO ALTER, PERMITS TO DEMOLISH, AND PERMITS FOR NEW CONSTRUCTION IN CONSERVATION DISTRICTS.

Upon receipt of any application for a building permit, demolition permit, site permit, alteration permit, or any other permit relating to a Significant of Contributory Building or a building within a Conservation District, the Central Permit Bureau shall forward such application to the Planning Department for determination as to whether the application is subject to the provisions of this Article and, if so, for approval under this Article. An application for a Permit to Alter or Permit to Demolish or for new and replacement construction in any Conservation District shall be filed by the owner or authorized agent for the owner of the property for which the permit is sought with the Planning Department. Each application shall be verified by at least one property owner or his or her authorized agent attesting to the truth and correctness of all facts, statements and information presented.

(a) Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Department and the HPC. All applications shall be on forms prescribed therefore and shall contain or be accompanied by all information required to assure the presentation of all pertinent facts for proper consideration of the case and for the permanent record. Applications shall include the following information:

(1) Plans, sections and elevations showing all existing and proposed work, including but not limited to color, texture of materials, architectural design, profile, and detail;

(2) All demolition calculations and associated detail drawings showing all interior and exterior alterations associated with the proposed scope of work, including but not limited to any changes to the exterior and internal structural framework, floor plates, removal of interior walls, or changes to the foundation;

(3) Specifications describing the means and methods associated with the proposed scope of work, including any technical specifications for all exterior restoration or cleaning work;

• (4) Photographs showing the property and the context of its surroundings;

(5) Any other information that the Department determines may be necessary for the particular scope of work proposed; and

(6) Information needed for the preparation and mailing of notices as specified in Section 1111.4.

(b) In addition to the contents specified for applications in (1) above, any application for a Permit to Demolish a Significant Building or a Contributory Building from which TDR have been transferred shall also contain the following information:

(1) An updated historic resource evaluation and conditions assessment report that includes any pertinent information on the condition of the building and historical, architectural, and cultural documentation about the building;

• (2) The amount paid for the property;

• (3) The date of purchase, the party from whom purchased, and a description of the business or family relationship, if any, between the owner and the person from whom the property was purchased;

• (4) The cost of any improvements since purchase by the applicant and date the improvements were made;

• (5) The assessed value of the land, and improvements thereon, according to the most recent assessments;

• (6) Real estate taxes for the previous five years;

• (7) Annual debt service, if any, for the previous five years;

• (8) All appraisals obtained within the previous five years by the owner or applicant in connection with his or her purchase, financing or ownership of the property;

• (9) Any listing of the property for sale or rent, price asked and offers received, if any;

(10) Any consideration by the owner for profitable and adaptive uses for the property, including renovation studies, plans, and bids, if any;

• (11) If it is a Preservation Lot eligible to transfer TDR, the amount and value of such untransferred TDR;

• (12) Annual gross income from the property for the previous five years;

• (13) Itemized operating and maintenance expenses for the previous five years;

• (14) Annual cash flow for the previous four years;

• (15) Building plans, elevations, sections, detail drawings, and any other information required for the Replacement Building;

• (16) The Statement of Eligibility as set forth in Section 128;

• (17) An itemized list of the amount of TDR that has been transferred from the property;

• (18) The amount received for rights transferred;

• (19) The transferee(s); and

• (20) A copy of each document effecting a transfer of such rights.

• (c) An application for a Permit to Demolish any building located in a Conservation District or an application for new

construction on vacant lots shall include plans, specifications and elevations showing the proposed exterior appearance, including but not limited to color, texture of materials, and architectural design and detail, for the replacement construction.

(d) Category V Buildings (Unrated). The owner or owner's representative of a Category V building located in a Conservation District may apply for one of the following:

(1) Compatible Rehabilitation. An applicant for a Permit to Alter a Category V Building (Unrated) may request on the application a determination by the HPC that if the proposed alteration is completed as approved, the building will be deemed a Compatible Rehabilitation under Section 1109(c) so that the lot on which the building is located becomes eligible as a Preservation Lot for the transfer of TDR.

(2) Compatible Replacement Building. An applicant for new construction in a Conservation District on a lot where a Category V Building (Unrated) has been lawfully demolished may request on the application a determination by the HPC that if the proposed new construction is completed as approved, the new building will be deemed a Compatible Replacement Builder under Section 1109(c) so that the lot on which the building is located becomes eligible as a Preservation Lot for the transfer of TDR.

(e) Permit and Application Fee Waivers. In cases of economic hardship, an applicant may be partially or fully exempt from paying fees pursuant to Section 350(e)(2).

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012.

SEC. 1111.1. DETERMINATION OF MINOR AND MAJOR ALTERATIONS.

(a) The HPC shall determine if a proposed alteration is a Major Alteration or a Minor Alteration and may delegate review of proposed Minor Alterations to Department staff, whose decisions may be appealed to the HPC pursuant to subsection 1111.1(b). All work not determined to be a Minor Alteration shall be a Major Alteration and subject to HPC approval. If so delegated to Department staff, the categories of Minor Alteration shall include but are not limited to the following:

(1) Alterations whose sole purpose and effect is to comply with the UMB Seismic Retrofit Ordinances and that comply with the UMB Retrofit Architectural Design Guidelines, which guidelines shall be adopted by the HPC; and (2) Any other work so delegated to the Department by the HPC.

(b) Upon receipt of a building permit application and delegation of its review to Department staff, the Department will review and render a decision on a Permit for Minor Alterations without a hearing before the HPC. The Department shall mail its written decision approving a Permit for Minor Alteration to the applicant and any individuals or organizations who have so requested in writing to the Department. The Department's decision may be appealed to the HPC within 15 days of

the date of the written decision. The HPC may also review the decisions of the Department by its own motion if such motion is made within 20 days of the date of the written decision.

(c) All applications for a Permit to Alter that are not Minor Alterations delegated to Department staff shall be scheduled for a hearing by the HPC pursuant to the procedures in Sections 1111.4 and 1111.5 below. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to the Permit to Alter procedures outlined herein:

(1) When the application is for a permit to make improvements to provide an accessible entrance to a Significant or Contributory building or any building within a Conservation District provided that the improvements conform to the requirements outlined in Section 1111.6 of this Code;

(2) When the application is for a permit to install business signs to a Significant or Contributory building or any building within a Conservation District provided that signage and transparency conform to the requirements outlined in Section 1111.6 of this Code;

(3) When the application is for a permit to install rooftop appurtenances that are not visible from a public right-ofway or public park, to a Significant or Contributory building or any building within a Conservation District provided that the improvements conform to the requirements outlined in Section 1111.6 of this Code; or; or1

(4) When the application is for a permit to install an awning to a Significant or Contributory building or any building within a Conservation District provided that the awning conforms to the requirements outlined in Section 1111.6 of this Code.

(4)1 When the application is for a permit to install business signs or awnings as defined in Section 602 of this Code to a Significant or Contributory building or any building within a Conservation District, provided that signage, awnings, and transparency conform to the requirements set forth in Section 1111.6; or

(5) When the application is for a permit to install low-profile skylights that are not visible from a public right-of-way or public park, provided that the improvements conform to the requirements set forth in Section 1111.6. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 227-92, App. 7/14/92; Ord. 95-12, File No. 120301, App.

5/21/2012, Eff. 6/20/2012; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 33-24, File No. 231144, App. 2/21/2024, Eff. 3/23/2024) AMENDMENT HISTORY

Section header amended; section amended substantially in its entirety; Ord. 95-12, Eff. 6/20/2012. Divisions (a), (a)(1), (b), and (c) amended; Ord. 166-16 , Eff. 9/10/2016. Division (c) amended; divisions (c)(1)-(3) added; Ord. 179-18, Eff. 8/27/2018. Nonsubstantive amendments to divisions (c), (c)(2) and (3); divisions (c)(4) and (5) added; Ord. 122-23, Eff. 8/5/2023. Nonsubstantive amendments to divisions (c), (c)(2)-(3); division (c)(4) restated; division (c)(5) deleted; Ord.

159-23, Eff. 8/28/2023. Division (c)(3) amended; new divisions (c)(4)-(5)[1] added; Ord. 33-24 , Eff. 3/23/2024. CODIFICATION NOTE

1. So in Ord. 33-24.

SEC. 1111.2. SIGN PERMITS.

(a) New general advertising signs are prohibited in any Conservation District or on any historic property regulated by this Article 11.

(b) If a permit for a sign is required pursuant to Article 6 of this Code, the requirements of this Section shall apply to such permit in addition to those of Article 6.

(c) In addition to the requirements of Article 6, an application for a business sign, general advertising sign, identifying sign, or nameplate to be located on a Significant or Contributory Building or any building in a Conservation District shall be subject to review pursuant to the provisions of this Article. The HPC, or the Planning Department pursuant to Section 1111.1 of this Code, shall disapprove the application or approve it with modifications to conform to the requirements

outlined in Section 1111.6 of this Code, including the proposed location, materials, typeset, size of lettering, means of illumination, method of replacement, or the attachment so that the special architectural, historical or aesthetic significance of the subject building or the Conservation District are preserved. No application shall be denied on the basis of the content of the sign.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018)

AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012. Division (c) amended; Ord. 179-18, Eff. 8/27/2018.

SEC. 1111.3. REVIEW BY THE PLANNING DEPARTMENT.

The Department shall review all applications and shall determine within 30 days after the application is filed whether the application is complete. Applications for Minor Alterations that have been delegated to Department staff may be approved by the Department pursuant to Section 1111.1 without a hearing before the HPC. Upon acceptance as complete of an application that is not a Minor Alteration or upon appeal to or a request by the HPC to exercise its review powers over a Minor Alteration as set forth in 1111.1, the HPC shall hold a hearing and approve, approve with modifications, or disapprove the application in accordance with the procedures set forth in this Section 1111. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012.

SEC. 1111.4. SCHEDULING AND NOTICE OF HISTORIC PRESERVATION COMMISSION HEARINGS.

(a) If a public hearing before the HPC is required under this Section 1111, the Department shall set a time and place for the hearing within a reasonable period. Notice of the hearing shall be provided as required in Section 333 of this Code. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012; Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)

AMENDMENT HISTORY

Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012. Division (a) amended; divisions (a) (1)-(b)(2) deleted; Ord. 179-18, Oper. 1/1/2019.

SEC. 1111.5. DECISION BY THE HISTORIC PRESERVATION COMMISSION.

(a) The HPC may approve, disapprove, or approve with conditions an application for a Permit to Alter or a Permit to Demolish and, where applicable for new or replacement construction, for a determination that the building is a Compatible Rehabilitation under Section 1113 or a Compatible Replacement Building under Section 1109(c), and shall make findings in support of its decision.

(b) For applications for a Permit to Demolish, the applicant has the burden of establishing that the criteria governing the approval of applications set forth in Section 1111.7 have been met.

(c) The decisions of the HPC shall be final except upon modification by the Planning Commission as provided in Section 1114 or upon the filing of a timely appeal to the Board of Appeals or Board of Supervisors as provided in Section 1115.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section header amended; previously undesignated paragraph designated as division (a) and amended; divisions (b) and (c) added; Ord. 95-12, Eff. 6/20/2012.

SEC. 1111.6. STANDARDS AND REQUIREMENTS FOR REVIEW OF APPLICATIONS FOR ALTERATIONS.

The HPC, the Board of Appeals, the Board of Supervisors, the Planning Commission, and the Department shall be governed by the following standards in the review of applications for Permits to Alter. In the case of conflict with other requirements, including the requirements of Article 10, the more restrictive standards shall apply.

(a) The proposed alteration shall be consistent with and appropriate for the effectuation of the purposes of this Article 11.

(b) The proposed work shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties for significant and contributory buildings, as well as any applicable guidelines, local interpretations, bulletins, or other policies. Development of local interpretations and guidelines based on the Secretary of the Interior's Standards shall be led by the Planning Department through a public participation process; such local interpretations and guidelines shall be found in conformance with the General Plan and Planning Code by the Planning Commission and shall be adopted by both the HPC and the Planning Commission. If either body fails to act on any such local interpretation or guideline within 180 days of either body's initial hearing where the matter was considered for approval, such failure to act shall constitute approval by that body. In the case of any apparent inconsistency among the requirements of this Section, compliance with the requirements of the designating ordinance shall prevail.

(c) For Significant Buildings - Categories I and II, and for Contributory Buildings - Categories III and IV, proposed alterations of structural elements and exterior features shall be consistent with the architectural character of the building, and shall comply with the following specific requirements:

(1) The distinguishing original qualities or character of the building may not be damaged or destroyed. Any distinctive architectural feature which affects the overall appearance of the building shall not be removed or altered unless it is the only feasible means to protect the public safety.

(2) The integrity of distinctive stylistic features or examples of skilled craftsmanship that characterize a building shall be preserved.

(3) Distinctive architectural features which are to be retained pursuant to Paragraph (1) but which are deteriorated shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material shall match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features shall be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, if available, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. Replacement of nonvisible structural elements need not match or duplicate the material being replaced.

eplacement of missing architectural features shall be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, if available, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. Replacement of nonvisible structural elements need not match or duplicate the material being replaced.

(4) Contemporary design of alterations is permitted, provided that such alterations do not destroy significant exterior architectural material and that such design is compatible with the size, scale, color, material and character of the building and its surroundings.

(5) The degree to which distinctive features need be retained may be less when the alteration is to exterior elements not constituting a part of a principal facade or when it is an alteration of the ground-floor frontage in order to adapt the space for ground-floor uses.

(6) In the case of Significant Buildings - Category I, any additions to height of the building (including addition of mechanical equipment) shall be limited to one story above the height of the existing roof, shall be compatible with the scale and character of the building, and shall in no event cover more than 75 percent of the roof area.

(7) In the case of Significant Buildings - Category II, a new structure or addition, including one of greater height than the existing building, may be permitted on that portion of the lot not restricted in Appendix B even if such structure or addition will be visible when viewing the principal facades at ground level, provided that the structure or addition does not affect the appearance of the retained portion as a separate structure when so viewing the principal facades and is compatible in form and design with the retained portion. Alteration of the retained portion of the building is permitted as provided in Paragraphs (1) through (6) of this Subsection (c).

(d) Within Conservation Districts, all major exterior alterations, of Category V Buildings, shall be compatible in scale and design with the District as set forth in Sections 6 and 7 of the Appendix which describes the District.

(e) If TDR have been transferred from any Contributory Building, the building shall be subject to the same restrictions on alterations as a Significant Building. These restrictions may not be removed by the transfer of TDR back to the building.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Undesignated introductory paragraph amended; new division (b) added and former divisions (c) and (d) redesignated accordingly; division (e) added; Ord. 95-12, Eff. 6/20/2012.

SEC. 1111.7. STANDARDS AND REQUIREMENTS FOR REVIEW OF APPLICATIONS FOR DEMOLITION.

(a) The HPC, Planning Commission, Board of Appeals, and the Board of Supervisors (each referred to as a "Decisionmaker" for the purposes of this Section) shall apply the following standards in their review of applications for a Permit to Demolish a Significant or Contributory Building or building within a Conservation District. No demolition permit may be approved unless:

(1) For Significant Buildings (Categories I and II); and Contributory Buildings (Categories III and IV) from which TDR have been transferred:

(A) The Decisionmaker determines and makes written findings based on substantial evidence in the record that the property retains no substantial remaining market value or reasonable use, taking into account the value of any TDR that have been transferred or which may be available to transfer from the property and the cost of rehabilitation to meet the requirements of the Building Code or City, State and federal laws. Costs necessitated by alterations or demolition made in violation of Article 10 or 11, or by failure to maintain the property in violation of Section 1119, may not be included in the calculation of rehabilitation costs; or

(B) The Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines after consultation, to the extent feasible with the HPC and the Planning Department, that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety.

(2) For Contributory Buildings from which no TDR has been transferred:

(A) The Decisionmaker determines and makes written findings based on substantial evidence in the record that the property retains no substantial remaining market value or reasonable use, taking into account the value of any TDR that may be available to transfer from the property and costs of rehabilitation to meet the requirements of the Building Code or City, State and federal laws. Costs necessitated by alterations or demolition made in violation of Article 10 or 11, or by failure to maintain the property in violation of Section 1119, may not be included in the calculation of rehabilitation costs:

(B) The Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines, after consultation to the extent feasible with the HPC and the Planning Department, that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or

(C) The Decisionmaker determines based on substantial evidence in the record that:

(i) The rehabilitation and reuse of the building will not meet most of the goals and objectives of the proposed replacement project;

(ii) The proposed replacement project is compatible with the Conservation District in which the property is located; and

(iii) Specific economic, social, or other benefits of the proposed replacement project significantly outweigh the benefit conferred from the historic preservation of the particular structure or feature.

(3) For Category V Buildings (Not Rated) in Conservation Districts: The Decisionmaker determines that: (A) the building has not gained additional historical or architectural significance that may make it eligible for classification as a Category I, II, or IV Building; and (B) the proposed Replacement Building is compatible with the Conservation District in

which the property is located. If the Decisionmaker determines based on new documentation presented that a Category V Building has gained significance such that it is eligible for classification as a Category I, II, or IV Building and reclassification of the Category V Building is initiated as provided in Section 1106, the Permit to Demolish shall be reviewed under Subsection (a)(1) or (a)(2) above, and not under this Subsection (a)(3). Additionally, if the building has completed a Compatible Rehabilitation pursuant to Section 1109(c), and has transferred development rights from the property, then the building shall be treated as a Significant Building (Category I or II). Any determination that a Category V Building may be eligible for reclassification shall be void if, within 180 days of such determination, the Board of Supervisors has not re-designated the building to a Category I, II, or IV Building.

(b) The cumulative effects on the integrity of the Conservation District associated with demolition of a Contributory Building shall be considered and may be grounds for denial of the Permit to Demolish, if it is found that the demolition would substantially diminish the integrity of the Conservation District.

(c) In addition to the above requirements, no demolition permit shall be issued by the Department of Building Inspection or any other agency for any building located in a Conservation District until an application for the new or replacement building has been approved in accordance with the standards for new construction in a Conservation District as provided in this Article, and the building or site permit conforming to such approval has been lawfully issued. (Added by Ord. 414-85, App. 9/17/85; amended by Ord. 140-06, File 052921, App. 6/22/2006; Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY Section header amended; section amended in its entirety; Ord. 95-12, Eff. 6/20/2012. SEC. 1112. RESERVED.

(Added by Ord. 414-85, App. 9/17/85; deleted by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1113. STANDARDS OF REVIEW FOR NEW AND REPLACEMENT CONSTRUCTION IN CONSERVATION DISTRICTS.

(a) The HPC, Planning Commission, Board of Appeals, and Board of Supervisors shall find in their review of applications for any new or replacement structure or for an addition to any existing structure in a Conservation District that such construction is compatible in scale and design with the District as set forth in Sections 6 and 7 of the Appendix that describes the District.

(b) Applications for a building or site permit to construct or add to a structure in any Conservation District shall be reviewed and approved, approved with modifications, or disapproved by the HPC before any other Planning approval action that may be required, including review by the Planning Commission pursuant to the procedures set forth in Section 309 and shall only be approved pursuant to Section 309 if they meet the standards set forth in this Article. For projects that require Section 309 review, the Planning Commission may modify the decision of the HPC pursuant to Section 1114, provided that the project does not concern a designated Significant (Categories I and II) or a Contributory (Category III) building.

(c) If a building or site permit application to construct or add to a structure in any Conservation District is approved by the HPC pursuant to this Article without modification by the Planning Commission and if the building is constructed in accordance with such approval, and if the building is located in a Conservation District for which, pursuant to Section 8 of the Appendix establishing that district, such a transfer is permitted, the building shall be deemed a Compatible Replacement Building, and the lot on which such building is located shall be eligible as a Preservation Lot for the transfer of TDR.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Section header amended; formerly undesignated paragraph amended and designated as divisions (a), (b), and (c); Ord. 9512, Eff. 6/20/2012.

SEC. 1114. MODIFICATION OF A DECISION OF THE HISTORIC PRESERVATION COMMISSION.

For projects that require multiple planning approvals, the HPC shall review and act on any Permit to Alter or Permit to Demolish before any other Planning approval action.

(a) For projects that require a Conditional Use Authorization or Permit Review under Section 309 and do not concern a Significant Building (Categories I & II) or a Contributory Building (Category III only), the Planning Commission may modify any decision on a Permit to Alter or Permit to Demolish by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of this Code.

(b) For projects to be located on vacant lots, the Planning Commission may modify any decision on a Permit to Alter by a two-thirds vote, provided that the Planning Commission shall apply all applicable historic resources provisions of this Code.

(Added by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1114 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1116 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1115. APPEAL.

The HPC's or the Planning Commission's decision on a Permit to Alter or a Permit to Demolish shall be final unless appealed to the Board of Appeals, which may modify the decision by a four-fifths vote; provided, however, that if the project requires Board of Supervisors approval or is appealed to the Board of Supervisors as a Conditional Use Authorization, the decision shall not be appealed to the Board of Appeals but rather to the Board of Supervisors, which may modify the decision by a majority vote. Any appeal must be made within 30 days after the date of the final action by the HPC or Planning Commission.

(Added by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1115 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1117 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

SEC. 1116. UNLAWFUL ALTERATION OR DEMOLITION.

(a) In addition to any other penalties provided in Section 1120 or elsewhere, alteration or demolition of a Significant or Contributory Building or any building within a Conservation District in violation of the provisions of this Article shall eliminate the eligibility of the building's lot as a Preservation Lot. Such a lot may not be developed in excess of the floor area ratio of the demolished building for a period of 20 years from the unlawful demolition, if it is the site of an unlawfully demolished Significant Building (Category I or II), or Contributory Building (Category III) or the site of an unlawfully demolished Contributory Building (Category IV) from which TDR have been transferred. No department shall approve or issue a permit that would authorize construction of a structure contrary to the provisions of this Section.

(b) A property owner may be relieved of the penalties provided in Subsection (a) if:

(1) as to an unlawful alteration, the owner can demonstrate to the HPC that the violation would have constituted a Minor Alteration and has applied for a Permit for Minor Alteration to legalize the violation; or

(2) as to an unlawful alteration, the owner restores the original distinguishing qualities and character of the building destroyed or altered, including exterior character-defining spaces, materials, features, finishes, exterior walls and exterior ornamentation. A property owner who wishes to effect a restoration pursuant to Subsection (b)(2) shall, in connection with the filing of a building or site permit application, seek approval of the proposed restoration by reference to the provisions of this Section. If the HPC approves the application and determines that the proposed work will effect adequate restoration, the HPC shall so find. Upon approval and the completion of work, the lot shall again become an eligible Preservation Lot and the limitation on floor area ratio set forth in Subsection (a) shall not thereafter apply. The HPC may

not approve the restoration unless it first finds that the restoration can be done with a substantial degree of success. The determination under this Subsection (b)(2) is a final administrative decision.

(Formerly codified as Sec. 1114; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1116 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1118 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1114 redesignated as current Sec. 1116; divisions (a), (b)(1), and (b)(2) amended; Ord. 95-12, Eff. 6/20/2012.

SEC. 1117. CONFORMITY WITH OTHER CITY PERMIT PROCESSES.

Except where explicitly so stated, nothing in this Article shall be construed as relieving any person from other applicable permit requirements. The following requirements are intended to insure conformity between existing City permit processes and the provisions of this Article:

(a) Upon the designation of a building as a Significant or Contributory Building, or upon the designation of the Conservation District, the Planning Department shall inform the Central Permit Bureau of said designation or, in the case of a Conservation District, of the boundaries of said District and a complete list of all the buildings within said District and their designations. The Central Permit Bureau shall maintain a current record of such Buildings and Conservation Districts.

(b) Upon receipt of any application for a building permit, demolition permit, site permit, alteration permit, or any other permit relating to a Significant or Contributory Building or a building within a designated Conservation District, the Central Permit Bureau shall forward such application to the Planning Department. If the Planning Department determines that the application is subject to provisions of this Article, processing shall proceed under the provisions of this Article. The Central Permit Bureau shall not issue any permit for construction, alteration, removal or demolition of any structure, or for any work involving a Significant or Contributory Building or a building within a Conservation District unless either the Planning Department has determined that such application is exempt from the provisions of this Article, or processing under this Article is complete and necessary approvals under this Article have been obtained. The issuance of any permit by a City department or agency that is inconsistent with any provision of this Article may be revoked by the Director of the Department of Building Inspection pursuant to the provisions of the San Francisco Building Code.

(c) No abatement proceedings or enforcement proceedings shall be undertaken by any department of the City for a Significant or Contributory building or a building within a Conservation District without, to the extent feasible, prior notification of the Planning Department and the HPC. Such proceedings shall comply with the provisions of this Article where feasible.

(Formerly codified as Sec. 1115; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1117 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1119 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1115 redesignated as current Sec. 1117; divisions (a), (b), and (c) amended; Ord. 95-12, Eff. 6/20/2012.

SEC. 1118. UNSAFE OR DANGEROUS CONDITIONS.

Where the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines that a condition on or within a Significant or Contributory Building is unsafe or dangerous and determines further that repair or other work rather than demolition will not threaten the public safety, said official shall, after consulting with the Planning Department and the HPC, to the extent feasible, determine the measures of repair or

other work necessary to correct the condition in a manner which, insofar as it does not conflict with State or local requirements, is consistent with the purposes and standards set forth in this Article.

(Formerly codified as Sec. 1116; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1116 redesignated as current Sec. 1118; section amended; Ord. 95-12, Eff. 6/20/2012.

SEC. 1119. MAINTENANCE REQUIREMENTS AND ENFORCEMENT THEREOF.

(a) Maintenance. The owner, lessee, or other person in actual charge of a Significant or Contributory Building shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this Section to preserve from deliberate or inadvertent neglect the exterior features of buildings designated Significant or Contributory, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. All such buildings shall be preserved against such decay and deterioration and free from structural defects through prompt corrections of any of the following defects:

(1) Facades which may fall and injure members of the public or property;

(2) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

(3) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;

(4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

(5) Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering;

(6) Any fault or defect in the building which renders it not properly watertight or structurally unsafe.

(b) Enforcement Procedures. The procedures set forth in Building Code Sections 114 through 116 governing unsafe buildings or property shall be applicable to any violations of this Section.

(Formerly codified as Sec. 1117; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff.

6/20/2012)

(Former Sec. 1119 added by Ord. 414-85, App. 9/17/85; amended by Ord. 57-08, File No. 071651, App. 4/10/2008; redesignated as Sec. 1120 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) AMENDMENT HISTORY

Former Sec. 1117 redesignated as current Sec. 1119; division (b) amended; Ord. 95-12, Eff. 6/20/2012.

SEC. 1120. ENFORCEMENT AND PENALTIES.

Enforcement and Penalties shall be as provided in Sections 176 and 176.1 of this Code.

(Formerly codified as Sec. 1119; redesignated by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1120 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1121 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY Former Sec. 1119 redesignated as current Sec. 1120; Ord. 95-12, Eff. 6/20/2012.

SEC. 1121. RELATIONSHIP TO ARTICLE 10.

Buildings or areas within the C-3 District designated pursuant to the provisions of both Article 10 and Article 11 shall be regulated pursuant to the procedures of both Articles. In case of conflict, the more restrictive provision shall control.

Notwithstanding the rating of a building in a C-3 District pursuant to the provisions of Article 11, buildings may be designated as landmarks according to the provisions of Article 10.

(Formerly codified as Sec. 1120; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1121 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1122 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1120 redesignated as current Sec. 1121; former third undesignated paragraph deleted; Ord. 95-12, Eff. 6/20/2012.

SEC. 1122. NOTICE OF AMENDMENT.

Notice of the hearing before the HPC and the first hearing before the Board of Supervisors, of a proposed amendment to this Article which materially alters the limitations and requirements applicable to any building or class of buildings shall be given to the owners of such buildings by mail.

(Formerly codified as Sec. 1121; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

(Former Sec. 1122 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1123 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1121 redesignated as current Sec. 1122; section amended; Ord. 95-12, Eff. 6/20/2012.

SEC. 1123. NOTICE PROCEDURE.

When any provision of this Article requires notice by mail to a property owner, the officer or body providing the notice shall use for this purpose the names and addresses as shown on the latest citywide Assessment Roll in the Assessor's Office.

(Formerly codified as Sec. 1122; redesignated by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1123 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1124 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1122 redesignated as current Sec. 1123; Ord. 95-12, Eff. 6/20/2012.

SEC. 1124. TIME PROVISIONS.

Unless otherwise indicated, all time provisions governing the taking of action by City officials are directory and not mandatory.

(Formerly codified as Sec. 1123; redesignated by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012) (Former Sec. 1124 added by Ord. 414-85, App. 9/17/85; redesignated as Sec. 1125 by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1123 redesignated as current Sec. 1124; Ord. 95-12, Eff. 6/20/2012.

SEC. 1125. SEVERABILITY.

If any part of this Article 11 is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Article 11 or any part thereof. The Board of Supervisors hereby declares that it would have

passed all portions of this Article and any amendments thereto irrespective of the fact that any one or more portions be declared unconstitutional or invalid.

(Formerly codified as Sec. 1124; redesignated and amended by Ord. 95-12, File No. 120301, App. 5/21/2012, Eff. 6/20/2012)

AMENDMENT HISTORY

Former Sec. 1124 redesignated as current Sec. 1125; section amended; Ord. 95-12, Eff. 6/20/2012.

APPENDICES TO ARTICLE 11

APPENDIX A TO ARTICLE 11

CATEGORY I BUILDINGS

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 142-87, App. 5/1/87; Ord. 47-96, App. 2/2/96; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018; Ord. 258-18, File No. 180725, App. 11/2/2018, Eff. 12/3/2018)

APPENDIX B TO ARTICLE 11

CATEGORY II BUILDINGS

Note: The gross floor area of a number of these buildings exceeds the basic FAR allowed in Section 124 of this Code. Additions to these buildings would be allowed only to the extent permitted by Section 128(c)(2).

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 249-03, File No. 031100, App. 10/22/2003; Ord. 259-08, File No. 080954, Passed 11/4/2008)

APPENDIX C TO ARTICLE 11

CATEGORY III BUILDINGS

(Added by Ord. 414-95, App. 9/17/85; amended by Ord. 162-01, File No. 010668, App. 7/13/2001; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 22-14 , File No. 131178, App. 3/14/2014, Eff. 4/13/2014; Ord. 101-14, File No. 140382, App. 6/26/2014, Eff. 7/26/2014; Ord. 77-15 , File No. 150148, App. 6/12/2015, Eff. 7/12/2015; Ord. 258-18, File No. 180725, App. 11/2/2018, Eff. 12/3/2018; Ord. 49-19, File No. 180645, App. 3/22/2019, Eff. 4/22/2019; Ord. 6320, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

APPENDIX D TO ARTICLE 11

CATEGORY IV BUILDINGS

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 61-02, File No. 020334, App. 5/3/2002; Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018; Ord. 259-18, File No. 180726, App. 11/2/2018, Eff. 12/3/2018)

APPENDIX E TO ARTICLE 11

KEARNY-MARKET-MASON-SUTTER CONSERVATION DISTRICT

Sec. 7. Standards and Guidelines for Review of New Construction and Certain Alterations. Sec. 8. TDR: Eligibility of Category V Buildings.

SEC. 1. FINDINGS AND PURPOSES.

It is hereby found that the area known and described in this Appendix as the Kearny-Market-Mason-Sutter Street area is a Subarea within the C-3 District that possesses concentrations of buildings that together create a subarea of architectural and environmental quality and importance which contributes to the beauty and attractiveness of the City. It is further found that the area meets the standards for designation of a Conservation District as set forth in Section 1103 of Article 11 and that the designation of said area as a Conservation District will be in furtherance of and in conformance with the purposes of Article 11 of the City Planning Code.

This designation is intended to promote the health, safety, prosperity and welfare of the people of the City through the effectuation of the purposes set forth in Section 1101 of Article 11 and the maintenance of the scale and character of the Kearny-Market-Mason-Sutter area by:

(a) The protection and preservation of the basic characteristics and salient architectural details of structures insofar as these characteristics and details are compatible with the Conservation District;

(b) Providing scope for the continuing vitality of the District through private renewal and architectural creativity, within appropriate controls and standards. It is intended to foster a climate in which the Kearny-Market-Mason-Sutter District may continue as the prime Bay Area retail district and a center for tourists from around the country and the world;

(c) The maintenance of an identity separate from the financial district by maintaining the relatively small scale and sunlit sidewalks and open spaces.

(Added Ord. 414-85, App. 9/17/85)

SEC. 2. DESIGNATION.

Pursuant to Section 1103.1 of Article 11, of the City Planning Code (Part II, Chapter II of the San Francisco Municipal Code), the Kearny-Market-Mason-Sutter area is hereby designated as a Conservation District. (Added Ord. 414-85, App. 9/17/85)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Kearny-Market-Mason-Sutter Conservation District shall be as designated on the Kearny-Market-Mason-Sutter Conservation District Map, as amended, which is on file with the Clerk of the Board of Supervisors in File No. 180726, which Map is hereby incorporated herein as though fully set forth and a facsimile of which is reproduced herein below.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 259-18, File No. 180726, App. 11/2/2018, Eff. 12/3/2018; Ord. 13621, File No. 210674, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY Section amended; Ord. 136-21, Eff. 9/4/2021.

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 11 of the City Planning Code is the basic law governing preservation of buildings and districts of architectural importance in the C-3 District of the City and County of San Francisco. This Appendix is subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this Code, nothing in this Appendix shall supersede, impair or modify any City Planning Code provisions applicable to property in the Kearny-Market-Mason-Sutter Conservation District, including, but not limited to, regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, off-street parking, and signs. (Added Ord. 414-85, App. 9/17/85)

SEC. 5. JUSTIFICATION.

The characteristics of the Conservation District justifying its designation are as follows:

(a) History of the District. Since the Kearny-Market-Mason-Sutter District covers a large area, individual streets within the district have had unique histories which have often changed dramatically over time. Maiden Lane (originally called Morton Street) was once the site of numerous houses of prostitution. Yet, after the fire and the opening of nearby department stores the renamed Union Square Avenue became the service entrance for those stores. In time, restaurants and retail stores opened, paving the way for the emergence of Maiden Lane as an exclusive retail address. Similarly, before the earthquake Powell Street, home to many theaters and restaurants, was known as the "uptown tenderloin." In the 1920's, the opening of numerous hotels and retail stores led to a gradual change of character on the street.

vice entrance for those stores. In time, restaurants and retail stores opened, paving the way for the emergence of Maiden Lane as an exclusive retail address. Similarly, before the earthquake Powell Street, home to many theaters and restaurants, was known as the "uptown tenderloin." In the 1920's, the opening of numerous hotels and retail stores led to a gradual change of character on the street.

These changing land-use patterns were in part determined by the movement of high-quality retail stores. Throughout the years, the closing or movement of larger department stores has often provided new space for smaller stores, and has strongly influenced their locations. The best known stores of the retail district were located on Kearny Street in the 1870's and 1880's. The growth of the City, due in part to the introduction of cable car service, led to the movement of the retail district towards both Market Street and the Grant Avenue/Union Square area. Beginning in the 1880's, department stores such as the Emporium and Hale Brothers opened large stores on Market Street. However, the large width of Market Street and its distance from high income residential neighborhoods on Nob Hill hindered its further development as a high class retail district. By the 1920's, Market Street had become San Francisco's family shopping street.

The prominence of the Grant Avenue/Union Square retail area as an exclusive shopping district was assured when I. Magnin (originally on Third Street) moved from Market Street to the corner of Grant Avenue and Geary Street. The location of the City of Paris at the corner of Geary and Stockton Streets across from Union Square firmly established Union Square as the most desirable location in the retail district. I. Magnin eventually moved to a building across from Union Square and O'Connor Moffat (now Macys) located at the corner of Geary and Stockton Streets. A side effect of the development of Union Square as a retail district was the displacement of many medical and dental offices by beauty parlors and restaurants catering to the new retail trade. Since the 1920's, Lower Grant Avenue and the Union Square area have been the City's premier shopping district.

Concurrent with the development of Grant Avenue/Union Square as a retail district were the relocations of the hotel and theater districts. By the 1890's, the theater district relocated from Bush Street (between Grant and Kearny) to the area west of Union Square. Whereas hotels were once clustered at the intersection of Montgomery and Market Streets, after the 1906 Fire most hotels also moved to the area west of Union Square. The establishment of the St. Francis Hotel on the west side of the square was a major impetus to the hotel relocation. Before the fire, this area had been the site of many household goods establishments.

he area west of Union Square. Whereas hotels were once clustered at the intersection of Montgomery and Market Streets, after the 1906 Fire most hotels also moved to the area west of Union Square. The establishment of the St. Francis Hotel on the west side of the square was a major impetus to the hotel relocation. Before the fire, this area had been the site of many household goods establishments.

(b) Basic Nature of the District. The pattern of development is one of small-scaled, light- colored buildings predominantly four to eight stories in height. The height and scale provide for a streetscape which is attractive to the pedestrian because of the comfortable scale and sunlit sidewalks. This dense area is the heart of San Francisco's retail and tourist sectors, containing a concentration of fine shops, department stores, theaters, hotels, and restaurants. As such, it is one of the main attractions to tourists from around the country and world, as well as the prime retail district in the Bay Area. The District is further defined by the location of Union Square in its heart. This square is, in many ways, the premier public open space in the City, as well as a primary public forum.

(c) Architectural Character. The character of the area is determined by the many fine quality structures, among the best in the City, and supported by a number of contributory buildings. Since the entire area was built in less than 20 years, and the major portion in less than 10 years, buildings were constructed in similar styles and structural technology. Perhaps even more importantly, architects were of like backgrounds, schooled in the classical Beaux Arts tradition.

In addition to their individual architectural features, the scale and design of buildings in the district related very well with neighboring buildings, streets and open spaces. This effect was achieved in large part by the alignment of cornice and belt course lines. The buildings used compatible detailing, colors, materials, massing, and scale. Ornament was derived from Classical, Renaissance, Gothic and Romanesque sources. In a limited number of examples, ornament was developed from early Spanish Colonial models.

ell with neighboring buildings, streets and open spaces. This effect was achieved in large part by the alignment of cornice and belt course lines. The buildings used compatible detailing, colors, materials, massing, and scale. Ornament was derived from Classical, Renaissance, Gothic and Romanesque sources. In a limited number of examples, ornament was developed from early Spanish Colonial models.

(d) Uniqueness and Location. The District’s character, although it has many buildings of recent vintage, is largely intact. It is one of the few homogeneous collections of early Twentieth Century commercial architecture of its type in the United States. At the time of designation in 1985, this District included 324 buildings, 114 of which were identified as architecturally significant and 140 as contributory. Only 98 buildings were not rated. Subsequent amendments to the District and reclassification of individual buildings have resulted in a greater concentration of architecturally significant properties. Union Square, an integral part of the District, is a unique resource and ranks with the finest open spaces in the country. The area is centrally located and easily accessible to the Financial District, Nob Hill, the Tenderloin, and the South of Market, as well as outlying districts of the City. The Powell Street Cable Car lines is a unique feature which relates the area to the entire northeastern quadrant of the City and attracts tourists to the area.

(e) Visual and Functional Unity. The character of the area is determined by a series of buildings whose compositions and use of materials and ornament are complementary, as well as by the regular street pattern which creates interesting views and vistas down the streets. Within the District, several subareas increase the variety and complexity of the District while retaining its essential architectural character.

(f) Dynamic Continuity. The District is the center of San Francisco’s retail market and is constantly responding to new trends and needs. The area has seen the recent opening of two major department stores and, in addition, many new small stores. Indeed, much of the pedestrian interest so important to the District is a result of the ever-changing shop windows and stores.

(g) Benefits to the City and its Residents. The District provides a wide range of benefits to both the City and its residents. Much of the retailing area’s vitality is attributable to its physical character. The mix of shops and unique buildings is not duplicated in suburban shopping malls, and, because of this, the area attracts shoppers from around the Bay Area. The District is a prime destination for tourists and is therefore an important part of San Francisco’s image. The prevailing architectural character is an important legacy from the Beaux Arts tradition and contains many fine examples of commercial architecture.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 259-18, File No. 180726, App. 11/2/2018, Eff. 12/3/2018)

SEC. 6. FEATURES.

The exterior architectural features of the Kearny-Market-Mason-Sutter Conservation District are as follows:

(a) Massing and Composition. The compositions of the building facades reflect the different architectural functions of the building. For the most part, building facades in the district are two- or three-part vertical compositions consisting either of a base and a shaft, or a base, a shaft and a capital. In more elaborate designs, transitional stories create a stacked composition, but the design effect is similar.

In addition, the facade of a building is often divided into bays expressing the structure (commonly steel and reinforced concrete) beneath the facade. This was accomplished through fenestration, structural articulation or other detailing which serves to break the facade into discrete segments. A common compositional device in the District is an emphasis placed upon either the end bays or the central bay.

The massing of the structures is usually a simple vertically oriented rectangle with a ratio of width to height generally from 1:2 to 1:4. This vertically oriented massing is an important characteristic of the District. In addition, continuous streetwall heights are a characteristic of most blockfronts.

Almost without exception, the buildings in the Kearny-Market-Mason-Sutter Conservation District are built to the front property line and occupy the entire site. Where buildings have not followed this rule, they do not adequately enclose the street. The massing of structures often reflects unique or prominent site characteristics. Corner buildings often have rounded corner bays to express the special requirements of the site and to tie its two blockfronts together.

(b) Scale. The buildings are of small to medium scale. The bay width is generally from 20 feet to 30 feet. Heights generally range from four to eight stories on lots 40 feet to 80 feet wide, although a number of taller buildings exist. The wider frontages are often broken up by articulation of the facade, making the buildings appear narrower. The base is generally delineated from the rest of the building giving the District an intimate scale at the street.

(c) Materials and Colors. Buildings are usually clad in masonry materials over a supporting structure. The cladding materials include terra cotta, brick, stone and stucco. Wood, metal and metal panels are not facade materials, although painted wood and metal are sometimes used for window sash and ornament.

The materials are generally colored light or medium earth tones, including white, cream, buff, yellow, and brown. Individual buildings generally use a few different tones of one color.

To express the mass and weight of the structure, masonry materials are used on multidimensional wall surfaces with texture and depth, which simulates the qualities necessary to support the weight of a load-bearing wall.

(d) Detailing and Ornamentation. This area has been the heart of the retail district since it was reconstructed after the fire. Buildings use the expression of texture and depth on masonry material (e.g., rustication, deep window reveals) to simulate the appearance of load-bearing walls. The buildings are not constructed in a single style, but with ornament drawn from a variety of historical sources, primarily Classical and Renaissance. Gothic detailing is also well represented. Popular details include, arches, columns, pilasters, projecting bracketed cornices, multiple belt-courses, elaborate lintels and pediments, and decorated spandrels. Details were used to relate buildings to their neighbors by repeating and varying the ornament used in the surrounding structures.

(Added Ord. 414-85, App. 9/17/85)

SEC. 7. STANDARDS AND GUIDELINES FOR REVIEW OF NEW CONSTRUCTION AND CERTAIN ALTERATIONS.

(a) All construction of new buildings and all major alterations, which are subject to the provisions of Sections 1110, 1111 through 1111.6 and 1113, shall be compatible with the District in general with respect to the building's composition and massing, scale, materials and colors, and detailing and ornamentation, including those features described in Section 6 of this Appendix. Emphasis shall be placed on compatibility with those buildings in the area in which the new or altered building is located. In the case of major alterations, only those building characteristics that are affected by the proposed alteration shall be considered in assessing compatibility. Signs on buildings in conservation districts are subject to the provisions of Section 1111.7.

The foregoing standards do not require, or even encourage, new buildings to imitate the styles of the past. Rather, they require the new to be compatible with the old. The determination of compatibility shall be made in accordance with the provisions of Section 309.

(b) The guidelines in this Subsection are to be used in assessing compatibility.

(1) Composition and Massing. Although the District is quite large and contains a wide variety of building forms, new construction should maintain its essential character by relating to the prevailing height, mass, proportions, rhythm and composition of existing Significant and Contributory Buildings. The height and massing of new buildings should not alter the traditional scale of existing buildings, streets and open spaces. In addition to the consideration of sunlight access for the street, an appropriate streetwall height is established by reference to the prevailing height of the buildings on the block and especially that of adjacent buildings. If the adjacent buildings are of a significantly different height than the rest of the

hould not alter the traditional scale of existing buildings, streets and open spaces. In addition to the consideration of sunlight access for the street, an appropriate streetwall height is established by reference to the prevailing height of the buildings on the block and especially that of adjacent buildings. If the adjacent buildings are of a significantly different height than the rest of the

buildings on the block, then the prevailing height of buildings on the block should be used as a guide. A setback at the streetwall height can permit additional height above the setback without breaking the continuity of the street wall. Most existing buildings are built to the property or street line. This pattern, except in the case of carefully selected open spaces, should not be broken since it could damage the continuity of building rhythms and the definitions of streets. The standard proportions of new buildings should be established by the prevailing streetwall height and width of lots. To ensure that an established set of proportions is maintained, it is necessary to break up the facades of new buildings into smaller sections that relate to those existing proportions. The use of smaller bays and multiple entrances are two ways of relating the rhythm of a new building with those of historic buildings.

The design of a new structure should repeat the prevailing pattern of two- and three-part vertical compositions. A base element is necessary to define the pedestrian environment. This division of a building allows flexibility in the design of the ground story while encouraging a uniform treatment of the upper stories.

(2) Scale. A major influence on scale is the degree to which the total facade plane is broken into smaller parts (by detailing, fenestration, bay widths) which relate to human scale. While department stores and hotels are of a medium scale, the traditional pattern for the District has consisted of small scale buildings. The existing scale of the buildings in the vicinity should be maintained. This can be accomplished in a variety of ways, including: a consistent use of size and complexity of detailing in regards to surrounding buildings, continuance of existing bay widths, maintenance of an existing streetwall height, and incorporation of a base element (of similar height) to maintain the pedestrian environment. Large wall surfaces, which increase a building's scale, should be broken up through the use of detailing and textural variation.

Existing fenestration (windows, entrances) rhythms and proportions which have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by Significant and Contributory structures. Large glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that of neighboring buildings. Casement and double-hung windows should be used where possible.

have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by Significant and Contributory structures. Large glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that of neighboring buildings. Casement and double-hung windows should be used where possible.

(3) Materials and Colors. The use of like materials can relate two buildings of obviously different eras and styles. Similarly, the use of materials that appear similar (such as substituting concrete for stone) can link two disparate structures, or harmonize the appearance of a new structure with the architectural character of a conservation district. The preferred surface materials for this district are brick, stone, and concrete (simulated to look like terra cotta or stone).

The texture of surfaces can be treated in a manner so as to emphasize the bearing function of the material, as is done in rustication on historic buildings.

Traditional light colors should be used in order to blend in with the character of the district. Dissimilar buildings may be made more compatible by using similar or harmonious colors, and to a lesser extent, by using similar textures.

(4) Detailing and Ornamentation. A new building should relate to the surrounding area by picking up elements from surrounding buildings and repeating them or developing them for new purposes. Since the District has one of the largest collections of finely ornamented buildings in the City, these buildings should serve as references for new buildings. Detailing of a similar shape and placement can be used without directly copying historical ornament. The new structure should incorporate prevailing cornice lines or belt courses and may also use a modern vernacular instead of that of the original model.

(Added Ord. 414-85, App. 9/17/85)

SEC. 8. TDR: ELIGIBILITY OF CATEGORY V BUILDINGS.

Category V Buildings in that portion of the Kearny-Market-Mason-Sutter Conservation District which is in the C-3-0 Use District as shown on Sectional Map 1 of the Zoning Map are eligible for the transfer of TDR as provided in Section 1109(c).

(Added Ord. 414-85, App. 9/17/85)

APPENDIX F TO ARTICLE 11

NEW MONTGOMERY-MISSION-SECOND STREET CONSERVATION DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

It is hereby found that the area known and described in this appendix as the New Montgomery-Mission-Second Street area is a subarea within the C-3 District, that possesses concentrations of buildings that together create a subarea of architectural and environmental quality and importance which contributes to the beauty and attractiveness of the City. It is further found that the area meets the standards for designation of a Conservation District as set forth in Section 1103 of Article 11 and that the designation of said area as a Conservation District will be in furtherance of and in conformance with the purposes of Article 11 of the City Planning Code.

tal quality and importance which contributes to the beauty and attractiveness of the City. It is further found that the area meets the standards for designation of a Conservation District as set forth in Section 1103 of Article 11 and that the designation of said area as a Conservation District will be in furtherance of and in conformance with the purposes of Article 11 of the City Planning Code.

This designation is intended to promote the health, safety, prosperity and welfare of the people of the City through the effectuation of the purposes set forth in Section 1101 of Article 11 and the maintenance of the scale and character of the New Montgomery-Mission-Second Street area by:

(a) The protection and preservation of the basic characteristics and salient architectural details of structures insofar as these characteristics and details are compatible with the Conservation District;

(b) Providing scope for the continuing vitality of the District through private renewal and architectural creativity within appropriate controls and standards;

(c) Preservation of the scale and character of the District separate from the prevailing larger scale of the financial district and permitted scale in the new Special Development District.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 2. DESIGNATION.

Pursuant to Section 1103.1 of Article 11 of the City Planning Code (Part II, Chapter XI of the San Francisco Municipal Code), the New Montgomery-Mission-Second Street area is hereby designated as a Conservation District. (Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the New Montgomery-Mission-Second Street Conservation District shall be as designated on the New Montgomery-Second Street Conservation District Map, the original of which is on file with the Clerk of the Board of Supervisors under File 223-84-4, which Map is hereby incorporated herein as though fully set forth, and a facsimile of which is reproduced hereinbelow.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 11 of the City Planning Code is the basic law governing preservation of buildings and districts of architectural importance in the C-3 District of the City and County of San Francisco. This Appendix is subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary, nothing in this Appendix shall supersede, impair or modify any City Planning Code provisions applicable to property in the New Montgomery-Mission-Second Street Conservation

District including, but not limited to, regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, off-street parking and signs.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 5. JUSTIFICATION.

The characteristics of the Conservation District justifying its designation are as follows:

(a) History of the District. The core of the New Montgomery-Mission-Second Street Conservation District is a product of the post-1906 reconstruction of downtown San Francisco. Rebuilt between 1906 and 1933 this district represents a collection of masonry commercial loft buildings that exhibit a high level of historic architectural integrity and create a cohesive district of two-to-eight story masonry buildings of similar scale, massing, setback, materials, fenestration pattern, style, and architectural detailing.

This corridor forms one of the earliest attempts to extend the uses of the financial and retail districts to the South of Market area. Since Montgomery Street was the most important commercial street in the 1870's, New Montgomery Street was planned as a southern extension from Market Street to the Bay. Opposition from landowners south of Howard Street, however, prevented the street from reaching its original bayside destination. William Ralston, who was instrumental in the development of the new street, built the Grand Hotel and later the Palace Hotel at its Market Street intersection. A wall of large hotels on Market Street actually hindered the growth of New Montgomery Street and few retail stores and offices ventured south of Market Street. The unusually wide width of Market Street acted as a barrier between areas to the north and south for many years.

A small number of office buildings were built on New Montgomery Street as far south as Atom Alley (now Natoma Street) after the fire. Many buildings were completed in 1907, and most of the street assumed its present character by 1914. At 74 New Montgomery Street, the Call newspaper established its first headquarters. A noteworthy addition to the streetscape was the Pacific Telephone and Telegraph Building. At the time of its completion in 1925, it was the largest building on the West Coast devoted to the exclusive use of one firm. Until the 1960's, the office district on New Montgomery Street was the furthest extension of the financial district into the South of Market area. More characteristic were warehouses and businesses which supported the nearby office district. For example, the Furniture Exchange at the northwest corner of New Montgomery and Howard Streets, completed in 1920, was oriented to other wholesale and showroom uses along Howard Street.

istrict on New Montgomery Street was the furthest extension of the financial district into the South of Market area. More characteristic were warehouses and businesses which supported the nearby office district. For example, the Furniture Exchange at the northwest corner of New Montgomery and Howard Streets, completed in 1920, was oriented to other wholesale and showroom uses along Howard Street.

One block to the east, Second Street had a different history from New Montgomery Street. The future of Second Street as an extension of the downtown depended upon the southward extension of the street through the hill south of Howard Street. At one time there was even a proposal to extend Second Street north in order to connect with Montgomery Street. The decision to extend Montgomery Street south rather than Second Street north due to the high cost of the Second Street Cut, however, discouraged retail and office growth on the street. As a result, by the 1880's Second Street was established as a wholesaling rather than retail or office area. In the 1920's, Second Street contained a wide mixture of office support services. These included printers, binderies, a saddlery, a wholesale pharmaceutical outlet, and a variety of other retail stores and smaller offices. Industrial uses were commonly located on the alleyways such as Minna and Natoma and on Second Street, south of Howard Street.

Howard Street between 1st and 3rd Street became a popular and convenient extension for retail and wholesale dealers after 1906. As with Mission Street, the area still contains a number of smaller commercial loft structures that represent some of the best examples within the district, such as the Volker Building at 625 Howard Street, the Crellin Building at 583 Howard Street, and the Sharon Estate Building at 667 Howard Street.

The transformation of much of the area within the boundaries of the New Montgomery-Mission-Second Street Conservation District into a southerly extension of downtown was reflected in the large number of multi-story structures built along both Mission and Market streets. The intersection of 3rd and Mission evolved into the most important intersections in the survey area, bracketed on three corners by important early skyscrapers, including the rebuilt Aronson

Building on the northwest corner, the Williams Buildings on the southeast corner, and the Gunst Building (demolished) on the southwest corner.

(b) Basic Nature of the District. New Montgomery Street is characterized by large buildings that often occupy an entire section of a block defined by streets and alleys or a major portion of these subblocks. The buildings are of a variety of heights, but the heights of most of the buildings range from five to eight stories. Second Street is characterized by smaller, less architecturally significant buildings, but, because of their continuous streetwall, they form a more coherent streetscape. Without some sort of protection for the less significant buildings, the quality of the district would be lost due to pressure from the expanding office core.

the heights of most of the buildings range from five to eight stories. Second Street is characterized by smaller, less architecturally significant buildings, but, because of their continuous streetwall, they form a more coherent streetscape. Without some sort of protection for the less significant buildings, the quality of the district would be lost due to pressure from the expanding office core.

(c) Architectural Character. Most of the contributing buildings are designed in the American Commercial Style and feature facades divided into a tripartite arrangement consisting of a base, shaft, and capital. Although the scale and size of the structures on New Montgomery Street are somewhat monumental, the area remains attractive for pedestrians. There are a number of outstanding buildings concentrated on New Montgomery, such as the Palace Hotel, the Pacific Telephone and Telegraph Building tower, and the Sharon Building. Ornamentation of district contributors is most often RenaissanceBaroque with later examples of Spanish, Colonial, Gothic Revival Styles, and Art Deco. Examples of the styles range from the Gothic skyscraper massing and Art Deco detailing of the Pacific Telephone and Telegraph Building to the Renaissance Palazzo style of the Palace Hotel. The primary building materials are earthtone bricks, stone or terra cotta, with ornamental details executed in a variety of materials including terra cotta, metal, stucco and stone.

With the exceptions of corner buildings, Second Street, Mission and Howard Streets have a smaller, more intimate scale. While on New Montgomery Street, buildings typically occupy an entire subblock, on Second Street, three or four small buildings will occupy the same area. The buildings are generally mixed-use office and retail structures, two-to-seven stories in height, with Renaissance-influenced ornament.

The two streets are unified by several elements, including an architectural vocabulary which draws from similar historical sources, similar materials, scale, fenestration, color, stylistic origins, texture, and ornament.

(d) Uniqueness and Location. The District is located close to the central core of the financial district and is adjacent to an area projected for the future expansion. It is one of the few architecturally significant areas remaining largely intact in the South of Market area.

(e) Visual and Functional Unity. The District has a varied character ranging from the small and intimate on the alley streets to a more monumental scale on New Montgomery. In spite of this wide range, the district forms a coherent entity due to the buildings' common architectural vocabulary and the rhythm of building masses created by the District's intersecting alleys.

(f) Dynamic Continuity. The District is an active part of the downtown area, and after some years of neglect is undergoing reinvestment, which is visible in the rehabilitation of the Pacific Telephone Building, and the repair and rehabilitation of other buildings in the District.

(g) Benefits to the City and Its Residents. The District is a microcosm of twentieth century commercial architecture, ranging from low-level speculative office blocks to the City's premier hotels and executive offices of the time. The District now houses a variety of uses from inexpensive restaurants and support commercial uses, such as printers, to executive offices. The area retains a comfortable human scale, which will become increasingly important as neighboring areas of the South of Market become more densely developed.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 6. FEATURES.

The exterior architectural features of the New Montgomery-Mission-Second Street District are as follows:

(a) Massing and Composition. Almost without exception, the buildings in the New Montgomery-Mission-Second Conservation District are built to the front property line and occupy the entire site. Most buildings are either square or rectangular in plan, some with interior light courts to allow sunlight and air into the interiors of buildings. Nearly all cover

their entire parcels, and their primary facades face the street. Building massings along New Montgomery and Second Streets have different directional orientations. For the most part, the large buildings on New Montgomery Street are horizontally oriented, since they are built on relatively large lots, often occupying an entire blockface. Their horizontal width often exceeds their height. The buildings on Second Street are built on much smaller lots, and hence have a vertical orientation. An exception on New Montgomery is the tower of the Pacific Telephone and Telegraph Building, whose soaring verticality is unique for that street.

To express the mass and weight of the structure, masonry materials are used on multi-dimensional wall surfaces with texture and depth, which simulates the qualities necessary to support the weight of a load-bearing wall.

Despite their differing orientation, almost all buildings share a two or three-part compositional arrangement. In addition, buildings are often divided into bays which establish a steady rhythm along the streets of the District. The rhythm is the result of fenestration, structural articulation or other detailing which breaks the facade into discrete segments. A common compositional device in the District is the emphasis placed upon either the end bays or the central bay.

ee-part compositional arrangement. In addition, buildings are often divided into bays which establish a steady rhythm along the streets of the District. The rhythm is the result of fenestration, structural articulation or other detailing which breaks the facade into discrete segments. A common compositional device in the District is the emphasis placed upon either the end bays or the central bay.

(b) Scale. More than two-thirds of the contributing buildings are three-to-eight story brick or concrete commercial loft buildings constructed during the five years after the 1906 Earthquake and Fire. The scale of the District varies from the small buildings on Howard, Mission, Natoma, and Second Streets, such as the Phoenix Desk Company Building at 666 Mission Street, the Burdette Building at 90 Second Street, and the Emerison Flag Company Building at 161 Natoma Street; to medium-scaled structures on Mission and New Montgomery Streets, such as the Veronica Building at 647 Mission Street, and the Standard Building at 111 New Montgomery Street; to large-scale buildings on New Montgomery Street, such as the Pacific Telephone and Telegraph Building at 140 New Montgomery. On New Montgomery Street, the large facades are not commonly divided into smaller bays, establishing a medium scale when combined with the five- to eight-story height of the buildings. Similarly, the use of elaborate ornament on many of the buildings breaks their large facades into smaller sections and accordingly reduces their scale. Second Street is characterized by much smaller buildings with more frequent use of vertical piers whose scale is very intimate for the South of Market area.

(c) Materials and Color. Various forms of masonry are the predominant building materials in the district. A number of buildings on the northern end of New Montgomery use brown or buff brick. Terra cotta is also used as a facing material, and is frequently glazed to resemble granite or other stones. On Second and Mission Streets, several buildings are faced in stucco. To express the mass and weight of the structure, masonry materials are often rusticated at the ground and second story to increase the textural variation and sense of depth. Several buildings along Howard Street are noteworthy because they are clad in brick in warm earth tones, exhibit fine masonry craftsmanship, and remain unpainted.

The materials are generally colored light or medium earth tones, including white, cream, buff, yellow, and brown. Individual buildings generally use a few different tones of one color.

(d) Detailing and Ornamentations. Buildings range from industrial brick and stucco office/warehouses to ornately decorated office buildings. The details on the latter buildings are generally of Classical/Renaissance derivation and include projecting cornices and belt courses, rustication, columns and colonnades, and arches. Industrial commercial buildings are noted by their utilitarian nature, with limited areas or ornament applied at the cornice entablature and around windows. (Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

y of Classical/Renaissance derivation and include projecting cornices and belt courses, rustication, columns and colonnades, and arches. Industrial commercial buildings are noted by their utilitarian nature, with limited areas or ornament applied at the cornice entablature and around windows. (Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 7. STANDARDS AND GUIDELINES FOR REVIEW OF NEW CONSTRUCTION AND CERTAIN ALTERATIONS.

(a) Standards. All construction of new buildings and all major alterations, which are subject to the provisions of Sections 1110, 1111 through 1111.6 and 1113, shall be compatible with the District in general with respect to the building's composition and massing, scale, materials and colors, and detailing and ornamentation, including those features described in Section 6 of this Appendix. Emphasis shall be placed on compatibility with those buildings in the area in which the new or altered building is located. In the case of major alterations, only those building characteristics that are affected by the

proposed alteration shall be considered in assessing compatibility. Signs on buildings in conservation districts are subject to the provisions of Section 1111.7.

The foregoing standards do not require, or even encourage, new buildings to imitate the styles of the past. Rather, they require the new to be compatible with the old. The determination of compatibility shall be made in accordance with the provisions of Section 309.

(b) Guidelines. The guidelines in this subsection shall be used in assessing compatibility.

(1) Composition and Massing. New construction should maintain the character of surrounding buildings by relating to their prevailing height, mass, proportions, rhythm and composition.

In addition to the consideration of sunlight access for the street, an appropriate streetwall height is established by reference to the prevailing height of the buildings on the block and especially that of adjacent buildings. The prevailing height of buildings on New Montgomery Street is between five and eight stories while buildings on Second Street commonly range from three to six stories. A setback at the streetwall height can permit additional height above the setback up to the height limit without breaking the continuity of the street wall.

Almost all existing buildings are built to the property or street line. This pattern, except in the case of carefully selected open spaces, should not be broken since it could damage the continuity of building rhythms and the definition of streets.

Proportions for new buildings should be established by the prevailing streetwall height and the width of existing buildings. On New Montgomery Street, the historic pattern of large lot development permits new buildings to have a horizontal orientation. In order to ensure that an established set of proportions is maintained on Second Street, new construction should break up facades into discrete elements that relate to prevailing building masses. The use of smaller bays and multiple building entrances are ways in which to relate the proportions of a new building with those of existing buildings.

The design of a new structure should repeat the prevailing pattern of two- and three-part vertical compositions. Onepart buildings without bases do not adequately define the pedestrian streetscape and do not relate well to the prevailing two- and three-part structures.

(2) Scale. The existing scale can be accomplished in a variety of ways, including: a consistent use of size and complexity of detailing with regard to surrounding buildings, continuance of existing bay widths, maintenance of the existing streetwall height, and the use of a base element (of similar height) to maintain the pedestrian environment. Large wall surfaces, which increase a building's scale, should be broken up through the use of vertical piers, detailing and textural variation to reduce the scale of Second Street.

Existing fenestration (windows, entrances) and rhythms which have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by historic structures. Large glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that of neighboring buildings. Casement and double-hung windows should be used where possible since most existing buildings use these window types.

(3) Materials and Colors. The use of masonry and stone materials or materials that appear similar (such as

substituting concrete for stone) can link two disparate structures, or harmonize the appearance of a new structure with the architectural character of a Conservation District. The preferred surface materials for this District are brick, stone, terra cotta and concrete (simulated to look like terra cotta or stone).

The texture of surfaces can be treated in a manner so as to emphasize the bearing function of the material, as is done with rustication on the Rialto Building. Traditional light colors should be used in order to blend in with the character of the district. Dissimilar buildings may be made more compatible by using similar or harmonious colors, and to a lesser extent, by using similar textures.

(4) Detailing and Ornamentation. A new building should relate to the surrounding area by picking up elements from surrounding buildings and repeating them or developing them for new purposes. The new structure should incorporate prevailing cornice lines or belt courses. A variety of Renaissance/Baroque, Gothic and Moderne ornament in

the District provides sources for detailing in new buildings in order to strengthen their relationship. Similarly shaped forms can be used as detailing without directly copying historical ornament.

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

SEC. 8. TDR; ELIGIBILITY OF CATEGORY V BUILDINGS.

Category V Buildings in that portion of the New Montgomery-Mission-Second Street Conservation District which is in the 150-S Height District as shown on Sectional Map 1H of the Zoning Map are eligible for the transfer of TDR as provided in Section 1109(c).

(Added Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012)

APPENDIX G TO ARTICLE 11

COMMERCIAL-LEIDESDORFF CONSERVATION DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

It is hereby found that the area known and described in this Appendix as the Commercial-Leidesdorff area is a Subarea within the C-3 District that possesses concentrations of buildings that together create a Subarea of architectural quality and importance which contributes to the beauty and attractiveness of the City. It is further found that the area meets the standards for designation of a Conservation District as set forth in Section 1103 of Article 11 and that the designation of said area as a Conservation District will be in furtherance of and in conformance with the purposes of Article 11 of the City Planning Code.

This designation is intended to promote the health, safety, prosperity and welfare of the people of the City through the effectuation of the purposes set forth in Section 1101 of Article 11 and the maintenance of the scale and character of the Commercial-Leidesdorff area by:

(a) The protection and preservation of the basic characteristics and salient architectural details of structures insofar as these characteristics and details are compatible with the Conservation District;

(b) Providing scope for the continuing vitality of the District through private renewal and architectural creativity, within appropriate controls and standards. It is intended to foster a climate in which the Commercial-Leidesdorff area may continue to exist as an important part of the City's commercial base, providing a quiet contrast to the bustle of the rest of the Financial District; and

(c) Encouragement of the continued intensive use of the District by financial district workers during the noon hours. (Added Ord. 414-85, App. 9/17/85)

SEC. 2. DESIGNATION.

Pursuant to Section 1103.1 of Article 11, of the City Planning Code (Part II, Chapter XI of the San Francisco Municipal Code), the Commercial-Leidesdorff area is hereby designated as a Conservation District. (Added Ord. 414-85, App. 9/17/85)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Commercial-Leidesdorff District shall be as designated on the CommercialLeidesdorff Conservation District Map, the original of which is on file with the Clerk of the Board of Supervisors under

File No. 223-84-4, which Map is hereby incorporated herein as though fully set forth, and a facsimile of which is reproduced hereinbelow.

(Added Ord. 414-85, App. 9/17/85)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 11 of the City Planning Code is the basic law governing preservation of buildings and districts of architectural importance in the C-3 District of the City and County of San Francisco. This Appendix is subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this Code, nothing in this Appendix shall supersede, impair or modify any City Planning Code provisions applicable to property in the Commercial-Leidesdorff Conservation District, including, but not limited to, regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, off-street parking, and signs.

(Added Ord. 414-85, App. 9/17/85)

SEC. 5. JUSTIFICATION.

The characteristics of the Conservation District justifying its designation are as follows:

(a) History of the District. In the 1840's, Montgomery Street (where Captain Jack Montgomery landed) was the wharfside street of the new City. During the Gold Rush a few years later, the new street running parallel with the extended shoreline was named after William Alexander Leidesdorff, the owner of a warehouse at the water's edge. Commercial Street, originally one block between Kearny and Montgomery Streets, grew to the east as land was filled around the Long Wharf.

The first relocation of financial offices in the downtown happened when banks moved their offices, which had been at Portsmouth Square, to the intersection of Montgomery and Commercial Streets. Since that time, Montgomery Street has been the financial center for San Francisco. While financial uses gradually moved south on Montgomery Street towards Market Street in the nineteenth and early twentieth centuries, by the 1920's, the banking center was reestablished in the vicinity of Montgomery and California Streets.

The completion of the Pacific Gas and Electric Substation at the corner of Sacramento and Leidesdorff Street in 1923, largely completed the redevelopment of the Commercial-Leidesdorff District. Buildings along Montgomery Street such as the Bank of Italy Building and the former Bank of Canton Building retained the scale of the pre-fire city. A classical design was used for these banking temples in order to impress the public with the soundness and stability of the bank. The Bank of America (then known as the Bank of Italy) had its headquarters located in the District for many years.

ict. Buildings along Montgomery Street such as the Bank of Italy Building and the former Bank of Canton Building retained the scale of the pre-fire city. A classical design was used for these banking temples in order to impress the public with the soundness and stability of the bank. The Bank of America (then known as the Bank of Italy) had its headquarters located in the District for many years.

While Montgomery Street has historically been the preferred address for major banks and offices, Commercial and Leidesdorff Streets contained a wide variety of uses which found it convenient to be located near the office district. In the 19th century, Leidesdorff Street connected the A. Paladini Fish Market on Clay Street with the San Francisco Chamber of Commerce on Pine. In the 1920's, these streets boasted several printers and binderies, a cigar factory (554 Commercial), photoengravers, a chemical storage warehouse as well as a paints, oils and varnish business.

(b) Basic Nature of the District. The special character of this block is created by the intersection of Commercial and Leidesdorff Streets, dividing the block into quadrants. The northeast quadrant of the block has been developed by a highrise of insensitive scale and design and was therefore excluded from this District. The remaining three quadrants of the Conservation District remain intact. The small size of the parcels determines narrow width of the buildings.

Focusing on the intersection of the two alleys, the District is a quiet area contrasting with the intensity of the Financial District. Because of the small scale, presence of sunshine, and variety of restaurants, this area is extremely popular at lunchtime.

(c) Architectural Character. The character of the area is established by a number of buildings of outstanding merit serving as anchors for the District. The contributory buildings are of relatively high quality and are unusually supportive of the District's character. A wide variety of styles exists in the small district, including Classical banking temples, three Pacific Gas and Electric substations with Romanesque and Classical ornament, and one of the more unique Gothicornamented structures in the downtown. This collection of styles creates rich visual interest within a concentrated pedestrian environment.

(d) Uniqueness and Location. The area is located on the northern edge of the Financial District and is separated from the Jackson Square Historic District by the Transamerica Pyramid. The District is readily accessible from Chinatown, North Beach and Telegraph Hill, as well as the downtown adjacent development. There are no inappropriate modern structures located within its boundaries. Alterations to the ground story have generally been sympathetic to both the character of the district and the buildings themselves.

Jackson Square Historic District by the Transamerica Pyramid. The District is readily accessible from Chinatown, North Beach and Telegraph Hill, as well as the downtown adjacent development. There are no inappropriate modern structures located within its boundaries. Alterations to the ground story have generally been sympathetic to both the character of the district and the buildings themselves.

(e) Visual and Functional Unity. The character of the area is one of a common small scale and intimacy created by its intersecting alleys, small lots, masonry structures and buildings with classically derived ornament. Commercial Street links the area to surrounding older development, with views down Commercial Street to the Ferry Building tower in one direction, and to Chinatown in the other direction. The narrowness of the alley and small scale of its buildings makes the district attractive to pedestrians.

(f) Dynamic Continuity. The District is a center for restaurants catering to a lunch and after-work clientele. In addition to its entertainment functions, banking, office, retail and industrial uses insure a healthy and productive mix of activities throughout the day.

(g) Benefits to the City and its Residents. The District provides a variety of older buildings incorporating space for commercial uses. The area serves as an architectural resource for its concentration of early 20th Century architecture. (Added Ord. 414-85, App. 9/17/85)

SEC. 6. FEATURES.

The exterior architectural features of the Commercial-Leidesdorff District are as follows:

(a) Massing and Composition. For the most part, the buildings are two- or three-part vertical compositions consisting either of a base and a shaft, or a base, a shaft and a capital. The District has a number of low, one-part buildings. These are banking temples and the Pacific, Gas and Electric substations. Some of the smaller buildings use central entryways to create a symmetrical composition. These designs relate well to their context, largely because the narrow streets do not demand a high building or one with multiple parts to maintain a street enclosure.

In addition, buildings are often divided into bays expressing the structure. This was accomplished through fenestration, structural articulation or other detailing which serves to break the facade into discrete segments. A common compositional device in the district is an emphasis placed upon either the end bays or the central bay, creating a varied facade. Lots are narrow and shallow, typically 20 feet X 60 feet, encouraging a predominant building form of from one to four stories. Buildings up to eight stories on Montgomery Street reflect its function as a prime financial office address. Almost without exception, the buildings in the Commercial-Leidesdorff Conservation District are built to the front property line and occupy the entire site. A number of buildings have "L"-shaped massing or through-block lots with frontages on two streets. This reflects the high land values of this District at the time of construction, and the function of the alleys for building service access.

s. Almost without exception, the buildings in the Commercial-Leidesdorff Conservation District are built to the front property line and occupy the entire site. A number of buildings have "L"-shaped massing or through-block lots with frontages on two streets. This reflects the high land values of this District at the time of construction, and the function of the alleys for building service access.

(b) Scale. The buildings are of small scale, created by elaborate detailing and low height. A major influence on scale is the degree to which the total facade plane is broken into smaller parts. Window and door openings are relatively small, creating large wall areas, which are frequently heavily ornamented. The bay width is generally from 15 feet to 20 feet. The narrow spacing between the vertical elements creates a regular rhythm. As noted above, the wider frontages are often broken up by articulation of the facade, making the buildings appear narrower. Heights generally range from one to four stories on lots 20 feet to 30 feet wide, although a few taller and wider buildings exist. The base is generally delineated

from the rest of the building, giving the District an intimate scale at the street. The alleys are only 30 feet to 36 feet wide, creating an intimate scale. Sacramento Street, the narrowest major street in the downtown at 49 feet, also enhances this small scale.

(c) Materials and Colors. Buildings are either clad in masonry over a supporting structure, or are constructed of masonry with load-bearing walls. The cladding materials include brick, terra cotta, stucco, and stone. The buildings fronting on the alleys use materials with rough surface treatments, reflecting the buildings' utilitarian nature. Wood, metal, and metal panels are not commonly used facade materials in the District, although painted wood and metal are sometimes used for window sash and ornament.

The materials are generally colored of light or medium earth tones, including cream, buff, yellow, grey, and brown. Individual buildings generally use a few different tones of one color, highlighting the ornament. Dark or intense colors are not commonly used.

(d) Detailing and Ornamentation. The buildings are not constructed in a single style, but with ornament drawn from a variety of historical sources, primarily classical sources. Arcades and arched entryways are common elements in the buildings. Popular details include arches, columns, pilasters, projecting bracketed cornices, multiple belt-courses, elaborate lintels, and pediments. Details were used to relate buildings to their neighbors by repeating and varying the ornament used in the surrounding structures.

(Added Ord. 414-85, App. 9/17/85)

SEC. 7. STANDARDS AND GUIDELINES FOR REVIEW OF NEW CONSTRUCTION AND CERTAIN ALTERATIONS.

(a) Standards. All construction of new buildings and all major alterations, which are subject to the provisions of Sections 1110, 1111 through 1111.6 and 1113, shall be compatible with the District in general with respect to the building's composition and massing, scale, materials and colors, and detailing and ornamentation, including those features described in Section 6 of this Appendix. Emphasis shall be placed on compatibility with those buildings in the area in which the new or altered building is located. In the case of major alterations, only those building characteristics that are affected by the proposed alteration shall be considered in assessing compatibility. Signs on the buildings in Conservation Districts are subject to the provisions of Section 1111.7.

The foregoing standards do not require, or even encourage, new buildings to imitate the styles of the past. Rather, they require the new to be compatible with the old. The determination of compatibility shall be made in accordance with the provisions of Section 309.

(b) Guidelines. The guidelines in this subsection are to be used in assessing compatibility.

(1) Composition and Massing. New construction should maintain the character of the District by relating to the prevailing height, mass, proportions, rhythm and composition of existing historic buildings.

The height and massing of new buildings should not alter the traditional scale of existing buildings, streets and open spaces. On the interior of the block, the existing streetwall height should be maintained. An appropriate streetwall height is established by reference to the prevailing building height on the block and especially that of adjacent buildings. If the adjacent buildings are of a significantly different height than the rest of the buildings on the block, then the prevailing height of buildings on the block should be used as a guide. A setback at the streetwall height can permit additional height above the setback without breaking the continuity of the street wall. On blockfronts where the street wall is less welldefined, greater latitude in height may be allowed.

Most existing buildings are built to the property or street line. This pattern should not be broken since it could damage the continuity of building rhythms and the definition of streets.

The standard proportions of new buildings should be established by the prevailing streetwall height and width of lots. Lot assembly should be discouraged to maintain the existing lot pattern and building proportions. In cases where lot assembly does occur, it is necessary to break up the facades of new buildings into discrete elements that relate to

prevailing building proportions. The use of smaller bays is a way in which to relate the proportions of a new building with those of historic buildings.

The design of a new structure should repeat the prevailing pattern of two- and three-part vertical compositions, although low buildings could use a one-part vertical division. A base element is necessary to define the pedestrian environment. Alterations to existing structures should maintain the existing vertical and horizontal divisions, and should respect the original ground story enframement. Cornices and belt courses should not be removed or altered.

(2) Scale. The existing scale of the immediate area and the Conservation District should be maintained. This can be accomplished in a variety of ways, including: a consistent use of size and complexity of detailing in regards to surrounding buildings, continuance of existing bay widths, maintenance of an existing streetwall height, and incorporation of a base element (of similar height to existing bases) to maintain the pedestrian environment. Large wall surfaces, which increase a building's scale, should be broken up through the use of detailing and textural variation to reduce the scale. Existing fenestration (windows, entrances) rhythms and proportions which have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by historic structures. Large glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that of neighboring buildings. Casement and double-hung windows should be used where possible.

(3) Materials and Colors. The use of like materials can relate two buildings of obviously different eras and styles. Similarly, the use of materials that appear similar (such as substituting concrete for terra cotta) can link two disparate structures, or harmonize the appearance of a new structure with the architectural character of a conservation district. The preferred surface materials for this district are brick, terra cotta, stone, and concrete (simulated to look like terra cotta or stone). The texture of surfaces can be treated in a manner so as to emphasize the bearing function of the material, as is done in rustication on historic buildings. In addition, in some cases it may be appropriate to leave the surface roughly dressed, emphasizing the utilitarian character of the interior frontages.

Traditional light colors should be used in order to blend in with the character of the district. Dissimilar buildings may be made more compatible by using similar or harmonious colors, and, to a lesser extent, by using similar textures.

(4) Detailing and Ornamentation. A new building should relate to the surrounding area by picking up elements from surrounding buildings and repeating them or developing them for new purposes. An ornamental detail can be taken from an adjacent building and used in a new building to relate the latter to the surrounding area. Alternately, similarly shaped forms can be used without directly copying historical ornament. The new structure should incorporate prevailing cornice lines or belt courses and may use a modern vernacular instead of that of the original model. (Added Ord. 414-85, App. 9/17/85)

tal detail can be taken from an adjacent building and used in a new building to relate the latter to the surrounding area. Alternately, similarly shaped forms can be used without directly copying historical ornament. The new structure should incorporate prevailing cornice lines or belt courses and may use a modern vernacular instead of that of the original model. (Added Ord. 414-85, App. 9/17/85)

SEC. 8. TDR: ELIGIBILITY OF CATEGORY V BUILDINGS.

Category V Buildings in the Commercial-Leidesdorff District are eligible for the transfer of TDR as provided in Section 1109(c).

(Added Ord. 414-85, App. 9/17/85)

APPENDIX H TO ARTICLE 11

FRONT-CALIFORNIA CONSERVATION DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

It is hereby found that the area known and described in this Appendix as the Front-California Street area is a Subarea within the C-3 District that possesses concentrations of buildings that together create a Subarea of architectural quality and importance which contributes to the beauty and attractiveness of the City. It is further found that the area meets the

standards for designation of a Conservation District as set forth in Section 1103 of Article 11 and that the designation of said area as a Conservation District will be in furtherance of and in conformance with the purposes of Article 11 of the City Planning Code.

This Designation is intended to promote the health, safety, prosperity and welfare of the people of the City through the effectuation of the purposes set forth in Section 1101 of Article 11 and the maintenance of the scale and character of the Front-California area by:

(a) The protection and preservation of the basic characteristics and salient architectural details of structures insofar as these characteristics and details are compatible with the Conservation District;

(b) Providing scope for continuing vitality of the District through private renewal and architectural creativity, within appropriate controls and standards. It is intended to foster a climate in which the area continues to provide a variety of retail and commercial uses of significant value to the City.

(c) Encouragement of the continued intensive use of the District by financial district workers during the noon hours. (Added Ord. 414-85, App. 9/17/85)

SEC. 2. DESIGNATION.

Pursuant to Section 1103.1 of Article 11, of the City Planning Code (Part II, Chapter II of the San Francisco Municipal Code), the Front-California area is hereby designated as a Conservation District. (Added Ord. 414-85, App. 9/17/85)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Front-California Conservation District shall be as designated on the Front-California Conservation District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 22384-4, which Map is hereby incorporated herein as though fully set forth, and a facsimile of which is reproduced below. (Added Ord. 414-85, App. 9/17/85)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 11 of the City Planning Code is the basic law governing preservation of buildings and districts of architectural and environmental importance in the C-3 District of the City and County of San Francisco. This Appendix is subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this Code, nothing in this Appendix shall supersede, impair or modify any City Planning Code provisions applicable to property in the Front-California Conservation District including, but not limited to, regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, offstreet parking and signs.

(Added Ord. 414-85, App. 9/17/85)

SEC. 5. JUSTIFICATION.

The characteristics of the Conservation District justifying its designation are as follows:

(a) History of the District. Located to the east of the financial district on filled land, this District was outside of the major downtown growth corridors in the nineteenth and early twentieth centuries. The location of the Federal Reserve Bank on Battery Street and the construction of several office buildings (Southern Pacific, Matson) in the 1920's, linked the financial district with port-oriented buildings on lower California and Market Streets. While office uses have been located on California Street since 1906, the area east of Battery Street was not fully integrated into the financial district until 1920, when the street assumed its present character.

The development of Front Street proceeded at a slower pace and was not complete until the 1930's. Front Street was redeveloped after the fire, with warehouses and industrial buildings serving the produce district to the north and office support services serving the office core to the west and on California Street. Buildings on Front Street commonly contained stores and offices at the ground level while upper stories were used for stock purposes and general storage. Several offices and printers were also located on the street.

(b) Basic Nature of the District. The low height and small scale of this District create a contrast to the rest of the financial district and the adjacent Embarcadero Center. The District still retains its post-fire appearance, as most of the architecturally significant buildings were constructed in the short period from 1907 through 1918. Six of the District's 19 buildings are architecturally significant and six are contributory to the District. Only seven buildings are unrated. The low buildings on Front Street and the narrow lot widths create an open, sunlit streetscape. Because of the character of the District and its proximity to the financial district, a variety of commercial (especially retail) enterprises serve pedestrians from the surrounding financial district. The scale of the California Street buildings is kept low by Halleck Street, which runs parallel to California and limits the lot size on that street. The street also divides Front in half on the west side, enhancing the small scale of that block.

proximity to the financial district, a variety of commercial (especially retail) enterprises serve pedestrians from the surrounding financial district. The scale of the California Street buildings is kept low by Halleck Street, which runs parallel to California and limits the lot size on that street. The street also divides Front in half on the west side, enhancing the small scale of that block.

(c) Architectural Character. Although the Front Street buildings are lower and of lesser quality than the California Street buildings, similar design elements in the buildings tie them together to form a coherent entity. The buildings on Front Street are generally in the two- to four-story range, while most of the buildings on California Street are in the fourto seven-story range. The buildings' ornament is generally derived from Renaissance sources and the buildings employ similar scale, height, fenestration, texture, and materials.

(d) Uniqueness and Location. This district, along with the nearby Commercial-Leidesdorff District, forms one of the last small-scale areas with architecturally significant buildings in the northern section of the financial district. It provides a low-intensity contrast to the dense office core and the Embarcadero Center development.

(e) Visual and Functional Unity. The District forms a coherent entity. Outside the boundary, the older buildings become larger and are interspersed with more modern structures. The similar character and scale of the buildings unify the District.

(f) Dynamic Continuity. The area has demonstrated economic viability evidenced by its mix of active retail and commercial uses.

(g) Benefits to the City and Its Residents. The District provides a variety of retail and commercial uses in small older structures. The area is an architectural resource for its collection of small industrial buildings. The District still retains the scale and character, if not the actual Victorian buildings, of the pre-fire commercial district. (Added Ord. 414-85, App. 9/17/85)

SEC. 6. FEATURES.

The exterior architectural features of the Front-California District are as follows:

(a) Scale, Form, and Proportion. The buildings in this District are of a variety of heights, ranging from one story to 11 stories. Unlike other districts which have a prevailing streetwall height, this District has a varied streetwall height, allowing sunlight to penetrate to the street most of the day. Lot widths range from 25 feet to 60 feet, lot depths range from 60 feet to 140 feet.

(b) Materials, Color, Texture. Facade materials include exposed brick, stucco, metal, and terra cotta panels. Colors include white, grey masonry and terra cotta, red brick, and deep reds and greens. The texture of the buildings varies from smooth stucco to richly textured and ornamented terra cotta panels.

(c) Details. Building styles range from utilitarian brick industrial with decorative brickwork to ornate Renaissance Revival buildings. Details include glazed brickwork, arches, decorated spandrels, projecting cornices and belt courses, pilasters, and rustication.

(Added Ord. 414-85, App. 9/17/85)

SEC. 7. STANDARDS AND GUIDELINES FOR REVIEW OF NEW CONSTRUCTION AND CERTAIN ALTERATIONS.

(a) Standards. All construction of new buildings and all major alterations, which are subject to the provisions of Sections 1110, 1111 through 1111.6 and 1113, shall be compatible with the District in general with respect to the building's composition and massing, scale, materials and colors, and detailing and ornamentation, including those features described in Section 6 of this Appendix. Emphasis shall be placed on compatibility with those buildings in the area in which the new or altered building is located. In the case of major alterations, only those building characteristics that are affected by the proposed alteration shall be considered in assessing compatibility. Signs on buildings in Conservation Districts are subject to the provisions of Section 1111.7.

The foregoing standards do not require, or even encourage, new buildings to imitate the styles of the past. Rather, they require the new to be compatible with the old. The determination of compatibility shall be made in accordance with the provisions of Section 309.

(b) Guidelines. The guidelines in this subsection are to be used in assessing compatibility.

(1) Composition and Massing. New construction should maintain the character of both Front and California Streets by relating to the prevailing height, mass, proportions, rhythm and composition of historic buildings.

The height and massing of new buildings should not alter the traditional scale of existing buildings, streets and open spaces. Since buildings on California Street commonly range from five to eight stories, new buildings should relate to those heights. Similarly, new buildings on Front Street should relate to the existing pattern of buildings under five stories in height. A setback at the predominant streetwall height can permit additional height above the setback without breaking the continuity of the streetwall.

Almost all existing buildings are built to the property or street line. This pattern, except in the case of carefully selected open spaces, should not be broken since it could damage the continuity of building rhythms and the definitions of streets.

Vertical and horizontal proportions for new buildings should be established by heights of existing streetwall and the width of existing buildings (and lots). Due to the regular rhythm of small structures on Front Street, a new building which is built on a large site should break up its facade into discrete sections that relate to the small building masses. This can be best accomplished through the use of vertical piers and separate entrances for the different sections. However, the slightly larger lots on California Street would allow buildings to have greater horizontal dimensions as well as greater heights. The use of smaller bays is another way in which to relate the proportions of a new building with those of historic buildings.

uilding masses. This can be best accomplished through the use of vertical piers and separate entrances for the different sections. However, the slightly larger lots on California Street would allow buildings to have greater horizontal dimensions as well as greater heights. The use of smaller bays is another way in which to relate the proportions of a new building with those of historic buildings.

The design of a new structure should also repeat the prevailing pattern of two- and three-part vertical compositions. One-part buildings without base sections do not adequately define the pedestrian streetscape and do not relate well to the historic two- and three-part structures. This division of a building allows flexibility in the design of the ground story while encouraging a uniform treatment of the upper stories.

(2) Scale. The existing scale of the Front-California Conservation District is one of its most important assets and should be maintained. This can be accomplished by the consistent use of size and complexity of detailing in relation to surrounding buildings. In addition, the continuance of existing bay widths and the incorporation of a base element (of similar height) help to maintain the pedestrian environment. Especially on Front Street, large wall surfaces, which increase a building's scale, should be broken up through the use of detailing and textural variation to reduce the scale.

Existing fenestration (windows, entrances) rhythms and proportions which have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by historic structures. Most glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that the neighboring buildings. Casement and double-hung windows should be used where possible.

(3) Materials and Colors. The use of historic materials or those that appear similar (such as substituting concrete for stone) can link two disparate structures, or harmonize the appearance of a new structure with the architectural character of a Conservation District. The preferred surface materials for this district are brick, stone and concrete (simulated to look like terra cotta or stone).

Traditional light colors should be used in order to blend in with the character of the District. Dissimilar buildings may be made more compatible by using similar or harmonious colors, and to a lesser extent, by using similar textures. (4) Detailing and Ornamentation. A new building should relate to the surrounding area by picking up elements from surrounding buildings and repeating them or developing them for new purposes. Since most buildings on Front Street are not extensively detailed, new structures should incorporate prevailing cornice lines or belt courses. On California Street, the historic details of existing buildings can serve as models for detailing in new buildings in order to strengthen their relationship. Alternately, similarly shaped ornament can be used as detailing without directly copying historical ornament.

(Added Ord. 414-85, App. 9/17/85)

SEC. 8. TDR; ELIGIBILITY OF CATEGORY V BUILDINGS.

Category V Buildings in the California-Front District are eligible for the transfer of TDR as provided in Section 1109(c). (Added Ord. 414-85, App. 9/17/85)

APPENDIX I TO ARTICLE 11

KEARNY-BELDEN CONSERVATION DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

It is hereby found that the area known and described in this Appendix as the Kearny-Belden Street area is a Subarea within the C-3 District that possesses concentrations of buildings that together create a Subarea of architectural quality and importance which contributes to the beauty and attractiveness of the City. It is further found that the area meets the standards for designation of a Conservation District as set forth in Section 1103 of Section 11 and that the designation of said area as a Conservation District will be in furtherance of and in conformance with the purposes of Article 11 of the City Planning Code.

This Designation is intended to promote the health, safety, prosperity and welfare of the people of the City through the effectuation of the purposes set forth in Section 1101 of Article 11. In addition, this designation is intended to preserve the scale and character of the Kearny-Belden area by:

(a) The protection and preservation of the basic characteristics and salient architectural details of structures insofar as these characteristics and details are compatible with the Conservation District;

(b) Providing scope for the continuing vitality of the District through private renewal and architectural creativity, within appropriate controls and standards;

(c) Encouragement of the continued intensive use of the District by financial district workers during the noon hours. (Added Ord. 414-85, App. 9/17/85)

SEC. 2. DESIGNATION.

Pursuant to Section 1103.1 of Article 11 of the City Planning Code (Part II, Chapter XI of the San Francisco Municipal Code), the Kearny-Belden area is hereby designated as a Conservation District. (Added Ord. 414-85, App. 9/17/85)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Kearny-Belden Conservation District shall be as designated on the Kearny-Belden Conservation District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 22384-4, which Map is hereby incorporated herein as though fully set forth, and a facsimile of which is reproduced herein below.

(Added Ord. 414-85, App. 9/17/85)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 11 of the City Planning Code is the basic law governing preservation of buildings and districts of architectural importance in the C-3 District of the City and County of San Francisco. This Appendix is subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this Code, nothing in this Appendix shall supersede, impair or modify any City Planning provisions applicable to property in the Kearny-Belden Conservation District, including, but not limited to, regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, offstreet parking, and signs.

(Added Ord. 414-85, App. 9/17/85)

SEC. 5. JUSTIFICATION.

The characteristics of the Conservation District justifying its designation are as follows:

(a) History of the District. In the nineteenth century, private alleys were cut to permit access to the interiors of blocks, allowing more intensive development than would otherwise have been possible. In this immediate area, the blocks were typically cut by one or more alleys. Some of these, like Belden Street and St. George Alley, still exist. Others, such as Lick Alley and Summer Alley, have been incorporated into new developments. Thus, the character of this District was established when Belden Street was cut through between Pine and Bush Streets. Belden Street is one of the best remaining examples of the development pattern of the pre-fire era.

Buildings along Kearny, Bush and Pine Streets were completed several years before the small structures on the interior portion of Belden Alley. Since the District was only a few blocks south of Portsmouth Square, Kearny Street had a large number of businesses serving both nearby residents as well as mercantile and port activities. As the City grew in the 1870's, Kearny Street became the most fashionable retail street in the City. Yet, by the turn of the century, the movement of retail stores to Market Street and the Union Square/Grant Avenue area eclipsed Kearny Street's prominence. After the fire of 1906, Kearny Street found itself located between the financial and retail districts. By 1931, Kearny Street was a low-rent area of small stores and hotels. Some support uses for nearby Montgomery Street found Kearny a convenient location and printers, sign painters and some offices located on the street. While Belden Street was originally a service alley, restaurants located on the small street during the 1920's and 1930's.

(b) Basic Nature of the District. The District consists of the east side of the 300 block of Kearny Street and the buildings which front on Belden Street, which runs parallel to Kearny. The depth of the lots is from 40 to 60 feet, which has served as an effective limit on the height and scale of the buildings. The District has become the location for a number of small, moderately priced restaurants and the Belden Street right-of-way is closed down during the lunch hours to create a pedestrian mall which is heavily used. During this time, restaurants move tables out into the street for open-air dining. In addition, street trees have been planted and benches installed.

height and scale of the buildings. The District has become the location for a number of small, moderately priced restaurants and the Belden Street right-of-way is closed down during the lunch hours to create a pedestrian mall which is heavily used. During this time, restaurants move tables out into the street for open-air dining. In addition, street trees have been planted and benches installed.

(c) Architectural Character. The District has only a few individual buildings of outstanding quality. Its unique quality is based on its character, rather than its examples of outstanding architecture. The District is also important as an example of historic building and development patterns. The District is expressive of the different requirements of the street frontages. The character of the District is maintained by the small-scale, red brick structures on Belden Street, often

utilitarian in character, with minimal ornament. The facades fronting on Kearny Street are more elaborate, with ornament derived from Renaissance sources.

(d) Uniqueness and Location. The District is almost entirely intact, except for one unsympathetically remodeled building. Alterations to the lower stories have generally been compatible with the District, and in recent years commercial alterations have been effected more compatible with the character of the District. The area is located on the edges of the Financial and Retail Districts, and at the foot of Nob Hill eastern slope.

(e) Visual and Functional Unity. The character of the area is determined by the use of a consistent scale, fenestration, materials, colors, and style.

(f) Dynamic Continuity. The District supplies a variety of services to the working population of the downtown area. The shops and restaurants are active and thriving.

(g) Benefits to the City and Its Residents. The district provides a variety of retail and commercial uses, including moderately priced restaurants and an attractive setting in which to enjoy lunch. The restaurants generally locate in small, older structures. The area serves as a respite from the dense financial district to the east. (Added Ord. 414-85, App. 9/17/85)

SEC. 6. FEATURES.

The exterior architectural features of the Kearny-Belden District are as follows:

(a) Massing and Composition. The Kearny Street facades are elaborate designs, while the Belden Street facades are utilitarian in character. The treatment of the facades reflects the differing character of the streets. Kearny Street is a major pedestrian and vehicular corridor, and a prime shopping street. For the most part, the Kearny Street facades are two- or three-part vertical compositions consisting either of a base and a shaft, or a base, a shaft and a capital. Belden Street is a narrow alley, originally created to allow access to the interior of the block. The facades on Belden Street are largely unornamented, perhaps with a corbelled cornice or a decorative tile roof. The compositions are simple one-part structures from one to four stories high. There are a few small stucco buildings, probably built as warehouses. These designs are successful in maintaining the street enclosure, largely because the narrow widths of the streets do not demand a high building or one with multiple parts.

In addition, the Kearny Street facades are often divided into bays expressing the structure. This was accomplished through fenestration, structural articulation or other detailing which serves to break the facade into discrete segments.

Both the scale and height of the buildings in the District are extremely small, a result of the lot and street patterns. The lot depth is generally under 60 feet, and half the lots have frontages on Kearny and Belden Streets. As a consequence of the limited size of lots, most of the buildings are limited to four stories or less. A number of the buildings are only one story high.

Without exception, the buildings in the Kearny-Belden Conservation District are built to the front property line and occupy the entire site.

(b) Scale. The buildings are of small scale, created by the buildings' elaborate detailing and low height. A major influence on scale is the degree to which the total facade plane is broken into smaller parts which relate to human scale. Window and door openings are relatively small, creating large wall areas, which are frequently heavily ornamented. The bay width is generally from 15 feet to 20 feet. Heights generally range from one to four stories on lots 20 feet to 30 feet wide, although a few taller and wider buildings exist. As noted above, the wider frontages are often broken up by articulation of the facade, making the buildings appear narrower. On the Kearny Street facades, the base is generally delineated from the rest of the building, giving the district an intimate scale at the street.

(c) Materials and Colors. Buildings are either clad in masonry over a supporting structure, or are constructed of masonry with load-bearing walls. The cladding materials include brick, terra cotta, and stucco. Materials have rough surface treatments, especially those located on the alleys, reflecting the building's utilitarian nature. Wood, metal, and

metal panels are not commonly used facade materials in the District, although painted wood and metal are sometimes used for window sash and ornament.

The materials are generally colored of light or medium earth tones, including cream, buff, yellow and red. Individual buildings generally use a few different tones of one color, highlighting the ornament. Dark or intense colors are not commonly used.

The Belden Street facades are simply treated wall surfaces, with little expression of weight or mass from wall articulation. The small unit of the brick creates a textured facade, and reduces the scale of the undifferentiated facades. (d) Detailing and Ornamentation. The Kearny Street frontages are not constructed in a single style, but with ornament drawn from a variety of historical, primarily Classical, sources. Popular details include arches, columns, pilasters, projecting bracketed cornices, multiple belt-courses, elaborate lintels, and pediments. Details were used to relate buildings to their neighbors by repeating and varying the ornament used in the surrounding structures.

The Belden Street frontages are unadorned, except for slight corbelled cornices at the upper levels or false tile roofs on the stucco buildings.

(Added Ord. 414-85, App. 9/17/85)

SEC. 7. STANDARDS AND GUIDELINES FOR REVIEW OF NEW CONSTRUCTION AND CERTAIN ALTERATIONS.

(a) Standards. All construction of new buildings and all major alterations, which are subject to the provisions of Sections 1110, 1111 through 1111.6 and 1113, shall be compatible with the District in general with respect to the building's composition and massing, scale, materials and colors, and detailing and ornamentation, including those features described in Section 6 of this Appendix. Emphasis shall be placed on compatibility with those buildings in the area in which the new or altered building is located. In the case of major alterations, only those building characteristics that are affected by the proposed alteration shall be considered in assessing compatibility. Signs on buildings in Conservation Districts are subject to the provisions of Section 1111.7.

The foregoing standards do not require, or even encourage, new buildings to imitate the styles of the past. Rather, they require the new to be compatible with the old. The determination of compatibility shall be made in accordance with the provisions of Section 309.

(b) Guidelines. The guidelines in this subsection are to be used in assessing compatibility.

(1) Composition and Massing. New construction should maintain the character of the District by relating to the prevailing height, mass, proportions, rhythm and composition of existing historic buildings.

The height and massing of new buildings should not alter the traditional scale of existing buildings, streets and open spaces. On the Kearny Street, the existing streetwall height should be maintained. An appropriate streetwall height is established by reference to the prevailing height of the buildings on the block and especially that of adjacent buildings. If

the adjacent buildings are of a significantly different height than the rest of the buildings on the block, then the prevailing height of buildings on the block should be used as a guide. A setback at the streetwall height can permit additional height above the setback without breaking the continuity of the street wall. On Belden Street, where the street wall is less well defined, greater latitude in height may be allowed. The height limit of 50 feet should be used as a guide to the appropriate height.

Existing buildings are built to the property or street line. This pattern should not be broken since it could damage the continuity of building rhythms and the definition of streets.

The standard proportions for new buildings should be established by the prevailing streetwall height and width of lots. Maintenance of the existing lot pattern and building proportions should be encouraged. In cases where lot assembly does occur, the facades of new buildings should be broken into discrete elements that relate to prevailing building proportions. The use of smaller bays can be used to relate the proportions of a new building with those of historic buildings.

The design of the new structure should reflect the characteristics of the blockfront. Kearny Street facades should repeat the prevailing pattern of two- and three-part vertical compositions, although low buildings could use a one-part vertical division. A base element is necessary to define the pedestrian environment. Belden Street facades should be simply treated, with a cornice or other definition at the roof level.

(2) Scale. The existing scale of the immediate area and the Conservation District should be maintained. This can be accomplished in a variety of ways, including a consistent use of size and complexity of detailing with regard to surrounding buildings, continuance of existing bay widths, maintenance of an existing streetwall height, and incorporation of a base element (of similar height) to maintain the pedestrian environment. Large wall surfaces, which increase a building's scale, should be broken up through the use of detailing and textural variation to reduce the scale.

Existing fenestration (windows, entrances) rhythms and proportions which have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by historic structures. Large glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that of neighboring buildings. Casement and double-hung windows should be used where possible.

nd proportions which have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by historic structures. Large glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that of neighboring buildings. Casement and double-hung windows should be used where possible.

(3) Materials and Colors. The use of like materials can relate two buildings of obviously different eras and styles. Similarly, the use of materials that appear similar (such as substituting concrete for terra cotta) can link two disparate structures, or harmonize the appearance of a new structure with the architectural character of a Conservation District. The preferred surface materials for this District are brick, or concrete (simulated to look like terra cotta or stucco). The texture of surfaces can be treated in a manner so as to emphasize the bearing function of the material, as is done in rustication on historic buildings. In addition, in some cases it may be appropriate to leave the surface roughly dressed, emphasizing the utilitarian character of the interior frontages.

Traditional light colors should be used in order to blend in with the character of the Kearny Street facades. Dissimilar buildings may be made more compatible by using similar or harmonious colors, and to a lesser extent, by using similar textures. Belden Street facades should use red brick and stucco-like materials.

(4) Detailing and Ornamentation. A new building should relate to the surrounding area by picking up elements from surrounding buildings and repeating them or developing them for new purposes. An ornamental detail can be taken from an adjacent building and used in a new building to relate the latter to the surrounding area. Alternately, similarly shaped forms can be used without directly copying historical ornament. The new structure should incorporate prevailing cornice lines or belt courses and may use a modern vernacular instead of that of the original model. (Added Ord. 414-85, App. 9/17/85)

SEC. 8. TDR; ELIGIBILITY OF CATEGORY V BUILDINGS.

Category V Buildings in the Kearny-Belden District are eligible for the transfer of TDR as provided in Section 1109(c). (Added Ord. 414-85, App. 9/17/85)

APPENDIX J TO ARTICLE 11

PINE-SANSOME CONSERVATION DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

It is hereby found that the area known and described in this Appendix as the "Pine-Sansome Street area" is a Subarea within the C-3 District that possesses concentrations of buildings that together create a Subarea of architectural quality and importance which contributes to the beauty and attractiveness of the City. It is further found that the area meets the standards for designation of a Conservation District as set forth in Section 1103 of Article 11 and that the designation of

said area as a Conservation District will be in furtherance of and in conformance with the purposes of Article 11 of the City Planning Code.

This designation is intended to promote the health, safety, prosperity and welfare of the people of the City through the effectuation of the purposes set forth in Section 1101 of Article 11 and the maintenance of the scale and character of the Pine-Sansome area by:

(a) The protection and preservation of the basic characteristics and salient architectural details of structures insofar as these characteristics and details are compatible with the Conservation District;

(b) Providing scope for the continuing vitality of the District through private renewal and architectural creativity, within appropriate controls and standards;

(c) Encouragement of the continued intensive use of the District for financial and business office activities. (Added Ord. 414-85, App. 9/17/85)

SEC. 2. DESIGNATION.

Pursuant to Section 1103.1 of Article 11, of the City Planning Code (Part II, Chapter XI of the San Francisco Municipal Code), the Pine-Sansome area is hereby designated as a Conservation District. (Added Ord. 414-85, App. 9/17/85)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Pine-Sansome Conservation District shall be as designated on the Pine-Sansome Conservation District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 22384-4, which Map is hereby incorporated herein as though fully set forth, and a facsimile of which is reproduced hereinbelow.

(Added Ord. 414-85, App. 9/17/85)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 11 of the City Planning Code is the basic law governing preservation of buildings and districts of architectural importance in the C-3 District of the City and County of San Francisco. This Appendix is subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this Code, nothing in this Appendix shall supercede, impair or modify any City Planning Code provisions applicable to property in the Pine-Sansome Conservation District, including, but not limited to, regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, offstreet parking and signs.

(Added Ord. 414-85, App. 9/17/85)

SEC. 5. JUSTIFICATION.

The characteristics of the Conservation District justifying its designation are as follows:

(a) History of the District. The flat land-filled area east of Montgomery Street became an early center of household furnishings on Pine Street and hotels on Sansome Street. The block of Leidesdorff Street near Pine was once known as Pauper's Alley. By 1875, financial offices from nearby Montgomery Street had located in the area. A stock exchange subdistrict, established in the late 1870's, included the Stock and Exchange Board, the Pacific Exchange and the California Stock Exchange. This District remained largely intact until the Earthquake and Fire of 1906 when two of the exchanges located elsewhere. In the 1920's, as banks moved their offices north along Montgomery Street, some banks and more insurance companies located on Pine Street near Sansome.

established in the late 1870's, included the Stock and Exchange Board, the Pacific Exchange and the California Stock Exchange. This District remained largely intact until the Earthquake and Fire of 1906 when two of the exchanges located elsewhere. In the 1920's, as banks moved their offices north along Montgomery Street, some banks and more insurance companies located on Pine Street near Sansome.

When the U.S. Subtreasury Building added its 12-story office extension in the late 1920's, the district largely assumed its present architectural character. The replacement of the Subtreasury by the Pacific Coast Stock Exchange in the 1930's, one of the most important financial institutions in the Western United States, was an important factor in solidifying the District's status as a financial center. Ever since then the area has played an important role in the financial life of the City.

(b) Basic Nature of the District. The distinguishing characteristic of the District is the relationship between the street and alley network and the series of distinguished office and financial buildings from the early part of the twentieth century. Buildings are defined and set off from each other by an intricate network of public and private alleys. Although most buildings are built to the property lines, in several cases alleys divide their facades. The network of alleys creates open spaces between buildings which distinguishes the District from other parts of the downtown. The rhythm of buildings and street spaces establishes a human scale in the District. Another definitive feature is the Pacific Coast Stock Exchange, set back from the street upon a base of broad steps. Since the building's forecourt provides an intimate open space with adequate sunshine, it is a popular daytime gathering place.

(c) Architectural Character. The buildings in the District are of high design quality, executed in a variety of ornamental styles. Examples of Classical Moderne, Skyscraper Gothic, Gothic, Georgian Revival, as well as the more familiar buildings derived from Renaissance sources, create a rich mix of twentieth century styles.

(d) Uniqueness and Location. Near the western edge of the financial district, the District is a large intact example of early twentieth century office architecture in the financial district. Aside from other assemblages of historic office buildings on California and Montgomery Streets, the Pine Sansome district is one of the only remaining areas where an entire pre-World War II streetscape is intact.

(e) Visual and Functional Unity. The area has a coherent character created by similar small to moderate scale buildings executed in like materials and colors, and situated on interconnected alleys and small lots. The series of buildings on the south side of Pine Street is constructed out of grey granite, or terra cotta fired to resemble granite.

(f) Dynamic Continuity. The District has been and continues to be an active part of the financial district. It contains a variety of uses, including offices, banks, services, retail establishments and small restaurants.

(g) Benefits to the City and its Residents. The District provides a variety of benefits to the City and its residents. A range of commercial services are located within the District, including the City's stock exchange, and a number of examples of pre-1930 office development.

(Added Ord. 414-85, App. 9/17/85)

SEC. 6. FEATURES.

The exterior architectural features of the Pine-Sansome Conservation District are as follows:

(a) Massing and Composition. For the most part, the buildings are two- or three-part vertical compositions. In more elaborate designs transitional stories create a stacked composition, but the design effect is similar. In addition, buildings are often divided through fenestration or other detailing into bays to express their internal structure. A common compositional device in the District is the emphasis placed upon the central bays.

The massing of the structures is usually a simple vertically oriented rectangle with a ratio of width to height generally from 1:2 to 1:6, an important characteristic of the District. The building heights range from 45 feet to 200 feet. Building frontages are relatively consistent, generally ranging from 40 feet to 75 feet. In addition, continuous streetwall heights are a characteristic of the west side of Pine Street. The heights of the buildings step down towards the west. With the exception of the Pacific Coast Stock Exchange, the buildings in the Pine-Sansome Conservation District are built to the front property line and occupy the entire site.

(b) Scale. The buildings are of small to moderate scale with bay widths generally from 20 feet to 30 feet. Wider frontages are often broken up by articulation of the facade, making the buildings appear narrower. The street frontages are broken up by the aforementioned alleys, further limiting the scale of the District. The base is generally delineated from the rest of the building, giving the District an intimate scale at the street.

(c) Materials and Colors. Buildings are constructed of masonry or terra cotta, or various shades of brick. The buildings are light-colored grays or cream colors, with some red brick buildings. Through the use of rich detailing, often executed in deep relief, textural facades are emphasized.

(d) Detail and Ornamentation. The buildings in the District are richly detailed in a wide variety of styles for such a small area. Ornamental types include rich sculptural groups in the Moderne style, bas reliefs, rusticated bases, colonades, pointed and round headed arches, bracketed cornices, belt courses, and decorative keystones. (Added Ord. 414-85, App. 9/17/85)

SEC. 7. STANDARDS AND GUIDELINES FOR REVIEW OF NEW CONSTRUCTION AND CERTAIN ALTERATIONS.

(a) Standards. Within Conservation Districts, all construction of new buildings and all major alterations, which are subject to the provisions of Sections 1110, 1111 through 1111.6 and 1113, shall be compatible with the District in general with respect to the building's composition and massing, scale, materials and colors, and detailing and ornamentation, including those features described in Section 6 of this Appendix. Emphasis shall be placed on compatibility with those buildings in the area in which the new or altered building is located. In the case of major alterations, only those building characteristics that are affected by the proposed alteration shall be considered in assessing compatibility. Signs on buildings in Conservation Districts are subject to the provisions of Section 1111.7.

The foregoing standards do not require, or even encourage, new buildings to imitate the styles of the past. Rather, they require the new to be compatible with the old. The determination of compatibility shall be made in accordance with the provisions of Section 309.

(b) Guidelines. The guidelines in this Subsection are to be used in assessing compatibility.

(1) Composition and Massing. New construction should maintain the character of the District by relating to the prevailing height, mass, proportions, rhythm and composition of existing historic buildings.

The height and massing of new buildings should not alter the traditional scale of existing buildings, streets and open spaces. Existing streetwall heights should be maintained. An appropriate streetwall height is established by reference to the prevailing building height on the block and especially to that of adjacent buildings. If the adjacent buildings are of a significantly different height than the rest of the buildings on the block, then the prevailing height of buildings on the block should be used as a guide. A setback at the streetwall height can permit additional height above the setback without breaking the continuity of the streetwall.

Most existing buildings are built to the street or alley line. This pattern should not be broken since it could damage the continuity of building rhythms and the definition of streets.

The standard proportions for new buildings should be established by the prevailing streetwall height and width of lots. Lot assembly should be discouraged to maintain the existing lot pattern. In cases where lots are combined, facades of new buildings should be broken into discrete elements that relate to prevailing building proportions. The use of smaller bays can be used to relate the proportions of a new building with those of historic buildings.

stablished by the prevailing streetwall height and width of lots. Lot assembly should be discouraged to maintain the existing lot pattern. In cases where lots are combined, facades of new buildings should be broken into discrete elements that relate to prevailing building proportions. The use of smaller bays can be used to relate the proportions of a new building with those of historic buildings.

The design of a new structure should repeat the prevailing pattern of two- and three-part vertical compositions. (2) Scale. A major influence on scale is the degree to which the total facade plane is broken into smaller parts which relate to human scale. The existing scale of the immediate area and the Conservation District should be maintained by a consistent use of size and complexity of detailing with regard to surrounding buildings, and the continuance of existing bay widths. Base elements (of similar height to existing bases) should be used to maintain a sense of human scale on streets and sidewalks. Large wall surfaces, which increase a building's scale, should be broken up through the use of detailing and textural variation to reduce the scale.

Existing fenestration (windows, entrances) rhythms and proportions which have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by existing structures. Large glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that of neighboring buildings.

(3) Materials and Colors. The use of like materials can relate two buildings of obviously different eras and styles. The use of materials that appear similar (such as substituting concrete for terra cotta) can link two disparate structures, or harmonize the appearance of a new structure with the architectural character of a Conservation District.

The preferred surface materials for this District are brick, terra cotta, stone, and concrete (simulated to look like terra cotta or stone). New buildings should use more than one facade material to repeat the pattern prevalent in existing structures. Since the common colors of the District are those of red brick and grey stone, these colors as well as earth tones should be used in new construction.

(4) Detailing and Ornamentation. A new building should relate to the surrounding area by picking up elements from surrounding buildings and repeating them or developing them for new purposes. Ornamental details, such as columns, lintels and arches, can be taken from an adjacent building and used in a new building to relate the latter to the surrounding area. Similarly shaped forms can be used without directly copying historical ornament. The new structure should incorporate prevailing cornice lines, belt courses or rusticated bases and may use a modern vernacular instead of that of the original model.

(Added Ord. 414-85, App. 9/17/85)

SEC. 8. TDR; ELIGIBILITY OF CATEGORY V BUILDINGS.

Category V Buildings in the Pine-Sansome District are eligible for the transfer of TDR as provided in Section 1109(c). (Added Ord. 414-85, App. 9/17/85)

APPENDIX K TO ARTICLE 11

MINT-MISSION CONSERVATION DISTRICT

SEC. 1. FINDINGS AND PURPOSES.

It is hereby found that the area known and described in this Appendix as the Mint-Mission area is a Subarea within the C-3 District that possesses concentrations of buildings that together create a subarea of architectural and environmental quality and importance that contributes to the beauty and attractiveness of the City. It is further found that the area meets the standards for designation of a Conservation District as set forth in Section 1103 of Article 11 and that the designation of said area as a Conservation District will be in furtherance of and in conformance with the purposes of Article 11 of the Planning Code.

This designation is intended to promote the health, safety, prosperity, and welfare of the people of the City through the effectuation of the purposes set forth in Section 1101 of Article 11 and the maintenance of the scale and character of the

Mint-Mission area by:

(a) Protecting and preserving the basic characteristics and salient architectural details of structures insofar as these characteristics and details are compatible with the Conservation District;

(b) Providing scope for the continuing vitality of the District through private renewal and architectural creativity, within appropriate controls and standards;

(c) Maintaining a separate identity from the adjacent Kearny-Market-Mason-Sutter Conservation District through the preservation of the District’s small- to medium-scale industrial, residential, and commercial buildings. (Added by Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)

SEC. 2. DESIGNATION.

Pursuant to Section 1103.1 of Article 11 of the Planning Code, the Mint-Mission area is hereby designated as a Conservation District.

(Added by Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)

SEC. 3. LOCATION AND BOUNDARIES.

The location and boundaries of the Mint-Mission Conservation District shall be as designated on the Mint-Mission Conservation District Map, the original of which is on file with the Clerk of the Board of Supervisors under File No. 180724, which Map is hereby incorporated herein as though fully set forth and a facsimile of which is reproduced herein below. The Mint-Mission Conservation District encompasses Lot Nos. 003, 010, 012, 013, 015, 017, 018, 019, 020, 021, 022, 024, 028, 029, 034, 035, 059, 079, 113, and 144 of Assessor’s Block No. 3704 and Lot Nos. 087 and 088 of Assessor’s Block No. 3725.

(Added by Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)

SEC. 4. RELATION TO CITY PLANNING CODE.

(a) Article 11 of the City Planning Code is the basic law governing preservation of buildings and districts of architectural importance in the C-3 District of the City and County of San Francisco. This Appendix is subject to and in addition to the provisions thereof.

(b) Except as may be specifically provided to the contrary in this Code, nothing in this Appendix shall supersede, impair or modify any City Planning Code provisions applicable to property in the Mint-Mission Conservation District, including, but not limited to, regulations controlling uses, height, bulk, coverage, floor area ratio, required open space, offstreet parking, and signs.

(Added by Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)

SEC. 5. JUSTIFICATION.

The characteristics of the Conservation District justifying its designation are as follows:

(a) History of the District. The Mint-Mission Conservation District is representative of the post-1906 San Francisco earthquake and fire reconstruction period and the evolution of land use patterns at the northern edge of the South of Market neighborhood dating to the mid-nineteenth century. The District retains a mix of residential hotels, small scale commercial buildings, warehouses and manufacturing facilities reflective of the area’s role as the center of industrial production in San Francisco and the major supplier of mining equipment, heavy machinery and other goods to the western states. Residential hotels provided housing for the largely single men employed by the nearby factories and manufacturing operations and in seasonal or temporary positions along the waterfront. This land use pattern was replicated during the reconstruction of South of Market following the 1906 earthquake and fire. The District encompasses a cohesive

concentration of reinforced concrete and brick masonry buildings constructed between 1906 and 1930. The District is particularly notable as it is a survivor of the extensive redevelopment of SoMa in the late twentieth century during which much of the building stock from the period when the neighborhood served as the city’s industrial and manufacturing center was razed.

(b) Basic Nature of the District. The District is characterized by small- to mid-scale industrial, residential, and commercial buildings ranging in height from one to ten stories, with the predominate height between two and five stories. Most buildings in the District are constructed on through-lots with visible rear elevations. The District includes several warehouses and industrial lofts, three residential hotels with commercial ground floors, and a former bank. Twenty-two properties are located in the District, 19 of which are Category I-IV buildings.

ne to ten stories, with the predominate height between two and five stories. Most buildings in the District are constructed on through-lots with visible rear elevations. The District includes several warehouses and industrial lofts, three residential hotels with commercial ground floors, and a former bank. Twenty-two properties are located in the District, 19 of which are Category I-IV buildings.

(c) Architectural Character. The buildings are primarily constructed of reinforced concrete and brick masonry and are largely industrial in style and feature Classical Revival detailing typical of early 20th century commercial architecture in San Francisco. Ornament on residential and mixed-use buildings consists of belt courses, arches, moldings and drip pendants, applied cast shields or swag, and corniced rooflines often featuring brackets, modillions, and dentil moldings. The District’s buildings are largely clad in smooth finish stucco or brick, with a few structures clad with rusticated stucco, terra cotta, and concrete.

(d) Uniqueness and Location. The District is comprised of one of the few intact concentrations of residential hotels, small-scale commercial buildings, warehouses and manufacturing facilities remaining in the South of Market neighborhood. The District is reflective of the land use patterns developed in SoMa in the late nineteenth century and continued following the 1906 earthquake and fire. Twenty-two buildings are located in the District. Five of the buildings located within the District were constructed between 1906-1907, one of which is a partial survivor of the 1906 earthquake and fire. The District is unique in that most of its buildings are constructed on through-lots with visible rear elevations. The District is adjacent to the Kearny-Market-Mason-Sutter Conservation District and borders the 6th Street Lodginghouse Historic District. The Old Mint, a National Historic Landmark, is located across from the eastern border and pre-dates the period of significance of the District. The District is particularly noteworthy as it survived the midtwentieth century redevelopment of SoMa during which much of the area’s building stock dating to the period when the neighborhood served as the city’s manufacturing center was razed.

(e) Visual and Functional Unity. The District is a cohesive mix of small- to mid-scale buildings with common architectural character and vocabulary.

(f) Dynamic Continuity. The District is located at the intersection of the major large-scale retail and commercial function of Market Street and the mix of small-business storefronts, residential hotels and industrial buildings converted to office and residential use that characterize the South of Market neighborhood.

(g) Benefits to the City and its Residents. As the anchor to the district, the Old Mint is surrounded by the mix of residential hotels, industrial, manufacturing and warehouse structures found in the District. Mint-Mission is unique to San Francisco as it is one of the few remaining intact clusters of buildings that reflect South of Market’s nineteenth-century function as the city’s industrial and manufacturing center.

and its Residents.** As the anchor to the district, the Old Mint is surrounded by the mix of residential hotels, industrial, manufacturing and warehouse structures found in the District. Mint-Mission is unique to San Francisco as it is one of the few remaining intact clusters of buildings that reflect South of Market’s nineteenth-century function as the city’s industrial and manufacturing center.

(Added by Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)

SEC. 6. FEATURES.

The exterior architectural features of the Mint-Mission Conservation District are as follows:

(a) Massing and Composition. Buildings in the District are rectangular in plan, with the exception of two L-shaped structures. Multi-story buildings feature multiple bays and two- or three-part vertical compositions consisting of a base and shaft or a base, shaft and capital. The majority of the buildings within the District occupy the entirety of their lots and are built to the front property line. One and two story buildings largely feature flat roofs with simple cornices. Projecting cornices with modillions, scrolled brackets, shield motifs, egg and dart molding, and decorative low-relief panels are found on several of the District’s multi-story buildings.

(b) Scale. The buildings are small- to medium-scale with heights ranging from one to ten stories, with the predominate height between two and five stories. The majority of the buildings are built on the entirety of their lots and are primarily 1500-9000 square feet in size, with the exception of three buildings that are approximately 12,000 square feet.

(c) Materials and Colors. Buildings in the District are primarily clad in terra cotta, smooth and polychrome brick, stone tiles and smooth or rusticated stucco or concrete. Masonry is the predominate framing, but two buildings located in the district are steel frame. One is a brick masonry structure and the other is reinforced concrete. Ornamentation materials are largely stucco, brick, terra cotta tile, and wood. Wood is commonly used for window framing, millwork and ornamentation. Materials and paint are generally light colors and light to medium earth tones.

(d) Detailing and Ornamentation. Ornament on the District’s residential and mixed-use buildings consists of belt courses, decorative millwork, brick corbelling, and projecting bracketed cornices with dentil molding, applied cast shields and molding. Industrial buildings commonly feature simple cornices, flat facades with little ornament, and punched window openings. These shared details, along with the common height, scale, and materials found in the district create a cohesive grouping of buildings.

(Added by Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)

SEC. 7. STANDARDS AND GUIDELINES FOR REVIEW OF NEW CONSTRUCTION AND CERTAIN ALTERATIONS.

(a) All construction of new buildings and all major alterations, which are subject to the provisions of Sections 1110, 1111 through 1111.6, and 1113, shall be compatible with the District in general with respect to the building’s composition and massing, scale, materials and colors, and detailing and ornamentation, including those features described in Section 6 of this Appendix. Emphasis shall be placed on compatibility with those buildings in the area in which the new or altered building is located. In the case of major alterations, only those building characteristics that are affected by the proposed alteration shall be considered in assessing compatibility. Signs on buildings in conservation districts are subject to the provisions of Section 1111.7.

The foregoing standards do not require, or even encourage, new buildings to imitate the styles of the past. Rather, they require the new to be compatible with the old. The determination of compatibility shall be made in accordance with the provisions of Section 309.

(b) The guidelines in this Subsection are to be used in assessing compatibility.

(1) Composition and Massing. New construction should maintain the district’s essential character by relating to the prevailing height, mass, proportions, rhythm and composition of existing Significant and Contributory Buildings. The height and massing of new buildings should not alter the traditional scale of existing buildings, streets and open spaces. In addition to the consideration of sunlight access for the street, an appropriate streetwall height is established by reference to the prevailing height of the buildings on the block and especially that of adjacent buildings. If the adjacent buildings are of a significantly different height than the rest of the buildings on the block, then the prevailing height of buildings on the block should be used as a guide. A setback at the streetwall height can permit additional height above the setback without breaking the continuity of the street wall.

Most existing buildings are built to the property or street line. This pattern, except in the case of carefully selected open spaces, should not be broken since it could damage the continuity of building rhythms and the definitions of streets. The standard proportions of new buildings should be established by the prevailing streetwall height and width of lots. To ensure that an established set of proportions is maintained, it is necessary to break up the facades of new buildings into smaller sections that relate to those existing proportions.

The design of a new structure should repeat the common pattern of two and three part vertical compositions. A base element is necessary to define the pedestrian environment. This division of a building allows flexibility in the design of the ground story while encouraging uniformity of the upper stories.

(2) Scale. A major influence on scale is the degree to which the total facade plane is broken into smaller parts (e.g., by detailing, fenestration, and bay widths) which relate to human scale. The existing scale of small- to medium-sized

buildings found in the District should be maintained. This can be accomplished in a variety of ways, including a consistent use of size and complexity of detailing in regards to surrounding buildings, continuance of existing bay widths, maintenance of an existing streetwall height, and incorporation of a base element (of similar height) to maintain the pedestrian environment. Large wall surfaces, which increase a building’s scale, should be broken up through the use of detailing and textural variation.

Existing fenestration (windows and entrances) rhythms and proportions which have been established by lot width or bay width should be repeated in new structures. The spacing and size of window openings should follow the sequence set by Significant and Contributory structures. Large glass areas should be broken up by mullions so that the scale of glazed areas is compatible with that of neighboring buildings. Casement and double-hung windows should be used where possible.

(3) Materials and Colors. The use of like materials can relate two buildings of obviously different eras and styles. Similarly, the use of materials that appear similar (such as substituting concrete for stone) can link two disparate structures, or harmonize the appearance of a new structure with the architectural character of a conservation district. The preferred surface materials for this District are brick, stone, and concrete simulated to look like terra cotta or stone.

The texture of surfaces can be treated in a manner so as to emphasize the bearing function of the material, as is done in rustication on historic buildings.

Traditional light colors and earth tones should be used in order to blend in with the character of the district. Dissimilar buildings may be made more compatible by using similar or harmonious colors, and to a lesser extent, by using similar textures.

(4) Detailing and Ornamentation. A new building should relate to the surrounding area by picking up elements from surrounding buildings and repeating them or developing them for new purposes. Detailing of a similar shape and placement can be used without directly copying historical ornament. The new structure should incorporate prevailing cornice lines or belt courses and may also use a modern vernacular instead of that of the original model. (Added by Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)

SEC. 8. TDR: ELIGIBILITY OF CATEGORY V BUILDINGS.

Category V Buildings in that portion of the Mint-Mission Conservation District that is in the C-3-0 Use District as shown on Sectional Map 1 of the Zoning Map are eligible for the transfer of TDR as provided in Section 1109(c). (Added by Ord. 257-18, File No. 180724, App. 11/2/2018, Eff. 12/3/2018)

0-0-0-29324

SEC. 1201. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1201.1. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1202. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1203. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1204. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1205. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1205.1. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1206. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1206.1. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1207. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1207.1. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1207.2. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1207.3. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1208. [REPEALED.]

(Added by Ord. 306-90. App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

0-0-0-29742

PREFACE TO THE PLANNING CODE INTERPRETATIONS

ORGANIZATION: The Interpretations are organized in two ways: according to the Planning Code Section to which they relate and alphabetically. The Interpretations by Code Section are organized with the associated Planning Code Section at the left margin followed by the subject, the effective date, and text of the interpretation. Therefore, this document is most easily understood if it is used in combination with a current copy of the Planning Code.

TEXT STYLE: Within an Interpretation, key words or phrases may be bolded as an aid in locating the correct interpretation. The bolding has no legal or other special significance. It is not necessarily the core of, or the most important part of the interpretation. It is only an aid in distinguishing an individual interpretation and locating it. In the Interpretations, emphasis of meaning is expressed by ALL CAPITAL LETTERS except where Planning Code text is quoted with emphasis added, which text is underlined.

INTERPRETATIONS BY CODE SECTION

Code Section: 101.1

Subject: Change in use defined Effective Date: /95 (Revised 3/21)

Interpretation:

This Section states that Priority General Plan Policy findings need to be made whenever there is a change of use. What constitutes a “change of use” pursuant to this Section is a change from one category of use to another category of use listed in the use table for the zoning use district of the subject lot. Therefore, what constitutes a change of use could vary with the use district. For example:

• Changing from a Limited Restaurant to a Restaurant would be a change of use in the Neighborhood Commercial Districts because these districts make a distinction between the two types of restaurants. But the same physical changes to a restaurant in the C-2 District would not be a change of use because the C-2 District does not make this distinction.

• Adding a general advertising sign to a building currently containing only business signs would be a change of use because general advertising signs are not allowed in some districts.

• Developing anything on a vacant lot constitutes a change of use.

Code Section: 101.1(e)

Subject: Priority policies, change of use Effective Date: 9/93

Interpretation: This paragraph states that a finding of consistency with the priority policies must be made when there is a change of use. This necessitates a determination of what constitutes a change of use. Regarding a change in residential density, when a number of dwelling units is added that would only be allowed by a higher density zoning district than the most restrictive district allowing the previous number of units (i.e., going from an RM-1 density to an RM-2 density) such change constitutes a change of use.

NOTE: The Planning Code assigns a separate section number for each word it defines in the "102" Section series. When a word is added, it is placed in alphabetical order and all subsequent section numbers in the "102" series are renumbered. To avoid having also to renumber this document whenever a definition is added to the Planning Code, the definitions below

are listed within the "102" series but without the specific "decimal" section. Look for the word you want in alphabetical order.

Code Section: 102 and 270

Subject: Measurement of Bulk and Plan Dimensions

Effective Date: 03/23

Interpretation:

Section 270(a) states that the bulk limits of Section 270 are measured by Plan Dimensions, which are defined in Section 102. Section 270(a) also states that bulk limits apply to buildings and structures. Per Sec. 102, the Plan Dimensions used to measure bulk are defined to be “dimensions of a building or structure, at a given level, between the outside surfaces of its exterior walls.” Section 102 also defines a Building to be any structure having a roof supported by columns or walls. The Planning Code provides no guidance or methods to allow multiple parts of the same building or structure to rely on separate calculations for Plan Dimensions for bulk limits.

ned to be “dimensions of a building or structure, at a given level, between the outside surfaces of its exterior walls.” Section 102 also defines a Building to be any structure having a roof supported by columns or walls. The Planning Code provides no guidance or methods to allow multiple parts of the same building or structure to rely on separate calculations for Plan Dimensions for bulk limits.

Therefore, unless specified elsewhere in the Planning Code, the maximum Plan Dimensions per specific bulk limits apply within the exterior walls of each individual building or structure, such that a single building may not have multiple vertical elements (i.e., towers, etc.) that collectively exceed the maximum permitted Plan Dimensions. However, separate buildings on the same lot will have separate Plan Dimensions for the purpose of measuring bulk limits.

Code Section: 102

Subject: Definition of Bedroom

Effective Date: 5/09 (Revised 1/14, 10/17)

Interpretation: Planning Code Sections 207.6 and 207.7 require a minimum percentage of two- or three- bedroom units in certain new developments. In order to implement these requirements, it is necessary to define a “bedroom.” Section 102 defines a bedroom as “a ‘sleeping room’, as defined in the Building Code.” However, the Building Code does not contain a single definition of “sleeping room.” Rather, it - along with the Housing Code - contains several varied definitions, many of which relate to technical issues traditionally dealt with by the Department of Building Inspection (DBI). Therefore, a bedroom shall be defined as any room that meets all of the criteria for a bedroom or sleeping room in the Building and Housing Codes, except that for the purposes of the Planning Code a bedroom must be fully enclosed from floor to ceiling, and any room using a wall less than full ceiling height (i.e. a “pony wall”) to separate it from other rooms shall not be considered a bedroom.

Code Section: 102

Subject: "District"

Effective Date:

Interpretation:

See "Residential district" in the Interpretations - Alphabetical

Code Section: 102

Subject: "Dwelling unit"

Effective Date: Interpretation:

See Interpretation 209.2(a)

Code Section: 102

Subject: "Dwelling unit," developing ground floor accessory rooms in residential buildings Effective Date: (Revised 3/21)

Interpretation:

The Zoning Administrator bulletin regarding “developing ground floor accessory rooms in residential buildings” located in the Appendix was repealed on March 22, 2021.

Code Section: 102

Subject: "Dwelling unit," live/work Effective Date: 2/89

Interpretation:

See Interpretation 161(c)

Code Section: 102

Subject: “Dwelling unit,” definition of a kitchen Effective Date: 3/21

Interpretation:

The definition of a Dwelling Unit states that it is “designed for, or is occupied by, one family doing its own cooking therein and having only one kitchen.” However, the Planning Code provides no specific definition or parameters for a “kitchen.” Similarly, the Building Code also requires a Dwelling Unit to contain a kitchen but provides no specific definition.

For the purpose of defining a new Dwelling Unit in the Planning Code, the required kitchen shall consist of a room containing a full-size oven (gas or electric), a counter sink with each dimension greater than 15 inches, and a refrigerator/freezer of at least 12 cubic feet. For the purpose of defining a second kitchen within a Dwelling Unit, such a space may not contain a full-size oven (gas or electric) or cooktop range with more than two burners, but may contain a counter sink of any size and/or a refrigerator/freezer of any size. Stand-alone laundry sinks shall not be considered for the purpose of defining a kitchen in either scenario.

On a case-by-case basis, as determined by the Zoning Administrator, “Permanently Supportive Housing,” as defined in the Administrative Code, may be determined to be Dwelling Units even when providing only limited cooking facilities due to the unique nature of such housing.

Code Section: 102

Subject: "Dwelling unit," residential hotel w/communal kitchen Effective Date: 5/90

Interpretation:

This Section defines a dwelling unit as a room or suite of rooms designed for one family use and having only one kitchen and that a housekeeping room is a dwelling unit. Residential hotel rooms without kitchens are not considered to be dwelling units. (See Interpretation 209.2 4/89 08/04/89 to see how these are handled.) Adding a communal kitchen to a residential hotel does not change its use under the Planning Code.

Code Section: 102

Subject: "Dwelling unit," definition of living unit with kitchen

Effective Date: 1/92

Interpretation:

This Section defines dwelling unit. It says that a dwelling unit must have a kitchen but it does not mention length of stay for renters. It has been ruled that a unit with a kitchen rented for a duration longer than one week but less than one month is a hotel. Such unit rented for less than a week is a transient hotel room. These units would be subject to the rules of the Planning Code applicable to their respective uses. Certain hotel rooms with kitchens as designated and controlled by the Residential Hotel Ordinance must have a tenure of at least 32 days or be subject to abatement as illegal conversions to a transient hotel unit under the Residential Hotel Ordinance.

Code Section: 102

Subject: "Dwelling unit," two dwelling units combined Effective Date: 6/93, 4/2003

Interpretation:

This interpretation revokes an interpretation dated 6/93. As reflected in the Planning Commission's Policy on Dwelling Unit Mergers (December 2001), the merger of dwelling units raises significant concerns regarding the loss of housing units and the impact upon the City's overall housing stock. Two legal apartments in a multiple-unit building could be combined by opening a party wall and could be used by one family while retaining both kitchens. This situation would be considered to be two units used by one family, and is considered a dwelling unit merger subject to the Planning Commission's Policy. Although the two units still exist as legally separate units, they are, in effect, merged for the use of one family and should be reviewed against the dwelling unit merger policy, since they have a similar effect upon the City's housing stock.

Code Section: 102

Subject: "Family," roomer or boarder as part of

Effective Date: 7/89

Interpretation:

This Section allows three roomers or boarders to live in a dwelling along with a person or two or more persons related by blood, marriage or legal guardianship as part of the definition of "family." Because the traditional understanding of the terms "roomer" and "boarder" and because the traditional manner in which rooms are let in one's own dwelling involves long-term tenure and because the long-standing interpretation recently expressed in this document (see Interpretation 209.2 4/89 below) requires a minimum tenure of one month for group housing, the terms "roomers" and "boarders" in this definition cannot be used to allow a bed and breakfast or any room rental for a term of less than one month.

Code Section: 102

Subject: "Floor area, gross," ground floor (b)(12) Effective Date: 3/86

Interpretation:

This Section exempts from the definition of gross floor area in the C-3 Districts, up to 75 percent or 5,000 square feet of ground floor "devoted to personal services, restaurants, and retail sales of goods intended to meet the convenience shopping and service needs of downtown workers and residents." The intent of this Section is to encourage uses creating pedestrian activity and interest. While a theater may generate pedestrian traffic, it creates no pedestrian interest. Theaters are usually blank-walled and inaccessible to the public without paying an entrance fee. Since most people don't visit theaters as frequently or as spontaneously as retail sales shops, theaters do not service convenience shopping and service needs. Retail sales and service uses allowed in the C-3 Districts are found in Section 218-Retail Sales and Personal

Services. Theaters are found in Section 221-Assembly and Entertainment. Therefore, a theater is not a retail use for purposes of this Section and is not exempt from the definition of "gross floor area."

Code Section: 102

Subject: "Floor area, gross"

Effective Date: 4/88

Interpretation:

A porte cochere generally at grade level which extends under a portion of a building containing occupiable area and which is enclosed by the building on no more than two sides does not count as floor area.

Code Section: 102

Subject: "Floor area, gross," basement area Effective Date: 3/86

Interpretation:

This Section defines basement space not used for storage or services necessary to the operation or maintenance of the building as included within the gross floor area (GFA). Where a basement extends under the sidewalk through the use of vaulting, such area is owned by the City and a revocable sidewalk encroachment permit is required. Since the City may reclaim possession of the area at any time, the applicant argued that this area should be exempt from the GFA. This situation is analogous to a bay window, which also requires an encroachment permit. Bay window area does count against GFA, and therefore, so does basement space under the sidewalk. However, areas under the sidewalk that are inaccessible from the building are exempt from the GFA.

Code Section: 102

Subject: "Floor area, gross," basement area Effective Date: 3/86

Interpretation:

This Section defines basement space not used for storage or services necessary to the operation or maintenance of the building as included within the GFA. In the case of floor area dedicated to services and storage necessary to the operation of the theater, no exemption was granted. These are necessary to the operation of the use, not the building.

Code Section: 102

Subject: "Floor area, gross," ground floor(b)(11)

Effective Date: 3/86

Interpretation:

This Section exempts the ground floor building or pedestrian circulation in the C-3 Districts. While the amount of ground floor retail exempted under Section 102.8(b)(12) is limited to 75 percent of the ground floor, this does not imply a limit of 25 percent of the ground floor for pedestrian circulation.

Code Section: 102

Subject: "Floor area, gross," ground floor

Effective Date: 3/86 Interpretation:

This Section exempts from the calculation of gross floor area (GFA) the ground floor building or pedestrian circulation in the C-3 Districts. In a building in a C-3 District, the ground floor circulation consisted of a lobby leading to elevators, and circulation beyond the elevators leading to offices. It was decided to allow the office circulation to be exempt from the GFA based upon the phrase "building circulation." Office circulation is considered to be part of building circulation and is exempt from the GFA.

Code Section: 102

Subject: "Floor area, gross," mechanical space Effective Date: 5/89

Interpretation:

These Sections define the amount of mechanical space allowed to be excluded from the gross floor area. Paragraph (a) (1) includes basement and cellar space in the FAR, EXCEPT those areas used for storage or services necessary to the operation or maintenance of the building itself. Thus, any mechanical space located in the basement is excluded from gross floor area. Paragraph (b)(3) excludes any mechanical space located at the top of the building. Paragraph (b)(4) excludes mechanical equipment located either (1) on an intermediate floor of the building and forming a complete floor, or (2) in the C-3 Districts, located on a number of intermediate floors occupying less than a whole floor not to exceed the area of an average floor. The two exclusions contained in Paragraph (b)(4) are mutually exclusive; however, this exclusion may be combined with rooftop and basement space.

Code Section: 102

Subject: "Floor area, gross" Effective Date: 7/89

Interpretation:

See also Interpretation 204.5

Code Section: 102

Subject: "Floor area, gross," space excluded from in C-3 Effective Date: 5/90

Interpretation:

This Section states that as much as 75 percent of the ground floor area of a building can be excluded from the definition of "gross floor area" provided the space is used for certain retail uses with less than 5,000 square feet of occupied floor area. In the case of a retail store whose OCCUPIED floor area was less than 5,000 square feet but whose GROSS

floor area was more than 5,000 square feet, the entire store was excluded from the gross floor area of the building. It was also clarified that the maximum exclusion of 75 percent does not limit the amount of retail space on the floor to that amount but that any amount in excess of that amount simply will count as part of the gross floor area of the building.

Code Section: 102

Subject: "Floor area, occupied," stairways Effective Date: 10/89

Interpretation:

This Section lists those features that are excluded from the gross floor area to determine the occupied floor area. Stairs are included in gross floor area [per Section 102.9(a)(2)] and also in occupied floor area. An exception is office buildings with more than one tenant. In these cases, common stairs and halls serving all the tenants are not counted in the

occupied floor area. If tenants are different uses per the parking table, it would be difficult to assign such common circulation facilities to a particular use for calculating the parking requirement. Further, it would not be possible for one tenant to occupy them for their exclusive use. Stairs or halls which exclusively connect different floors or sections of a single tenant remain part of the occupied floor area.

Code Section: 102

Subject: "Floor area, occupied," stairways Effective Date: 10/92

Interpretation:

The requirement for off-street parking is determined according to the type of land use, counting the occupied floor area for each type of use. Certain features are subtracted from the definition of gross floor area to result in occupied floor area. The definition of "gross floor area" includes interior stairs and the definition of "occupied floor area" does not subtract them. However, since it is the amount of occupied floor area for a particular use type that is counted and since there may be a different use type on one floor than the next, it was necessary to assign the stairs to one floor or another. For calculating occupied floor area, a stairway shall be assigned to the floor below it.

Code Section: 102

Subject: "Floor area, occupied" Effective Date: 5/93

Interpretation:

This Section defines the term, "occupied floor area." The term is used for the computation of the parking requirement (Table 151) and of the housing requirement in the Residential/Service District (Section 803.5(i)). Spaces in restaurants and bars not accessible to the public are excluded from the definition of occupied floor area for purposes of Table 151 but not for purposes of Section 803.5(i).

Code Section: 102

Subject: "Floor area, occupied," spaces within a ballroom establishment Effective Date: 5/93

Interpretation:

This Section defines occupied floor area and excludes, "incidental storage space for the convenience of tenants." Based upon this exclusion, space used as storage, office and cashier activities for a dance hall shall not be included in occupied floor area. The Section states that, "restrooms and space for storage and services necessary to the operation and maintenance of the building itself, wherever located in the building" are also excluded from the definition. An exit corridor required by the Building Code for a dance hall was included in the definition because another use of the same space would not have required the corridor and therefore, it does not serve the building itself.

Code Section: 102

Subject: "Floor area, occupied," automobile space in repair garages Effective Date: 6/96

Interpretation:

This Section defines occupied floor area (used to determine the required amount of parking) as the gross floor area minus the floor area of certain other features. Gross floor area does not include space used for accessory parking. The definition of occupied floor area further eliminates nonaccessory parking. Therefore, occupied floor area includes no area

designated for parking. In the case of an automobile repair garage, the area where automobiles are actually worked upon shall not be considered parking and therefore is included in the occupied floor area. Areas outside of work bays and away from garage walls where work bays are usually located shall normally be considered as parking space and counted as occupied floor area.

Code Section: 102

Subject: "Floor area, occupied," incidental storage in general office building Effective Date: 7/96

Interpretation:

This Section describes what amount of the gross floor area of a building shall be counted toward the parking requirement. Subsection (f) states that incidental storage space for the convenience of tenants shall not be counted in the occupied floor area. Where a general tenant office building is proposed, the amount of incidental storage space is not known until specific tenants are found but the amount of parking must be determined while the building is being designed. In such cases, the maximum amount of space assumed to be required for incidental tenant storage shall be no more than 25 percent of the gross floor area of the building. This figure is consistent with the limit for accessory uses in most districts.

Code Section: 102

Subject: "Floor area, occupied," bowling alley

Effective Date: 8/96

Interpretation:

This Section describes what amount of the gross floor area of a building shall be counted toward the parking requirement. In the case of a bowling alley, the area of the bowling lanes between the foul line and the back of the lane (where the pins are set up) shall not be counted in the occupied floor area because that area is not actually occupied.

Code Section: 102

Subject: "Floor area, occupied," storage area for retail inventory Effective Date: 12/96

Interpretation:

This Section defines occupied floor area, a concept used to calculate the number of required parking stalls. The definition subtracts certain features and uses from the gross floor area to arrive at the occupied floor area. One of the areas subtracted is that used for storage of merchandise for sale on the premises. The definition does not provide any limit to such storage. The Zoning Administrator will not impose any limit to storage area of retail store inventory that can be subtracted from gross floor area to achieve occupied floor area as it could change the way retail stores operate, increasing the number of deliveries. The floor area of an accessory use is limited to either 25 percent or 33.3 percent of the total floor area of the use, depending upon the zoning district. Retail store inventory storage, however, is considered to

be an integral part of the retail use and not a separable function subject to the consideration of accessory provisions.

Code Section: 102

Subject: "Height," definition of an "up sloping lot"

Effective Date: /96

Interpretation:

Subsection (c) of this Section defines how to measure height, "where the lot slopes upward from a streetIn the case where a lot is level but its front property line is retained above the sidewalk by a retaining wall built immediately in front of the front property line, the lot is considered to be an up sloping lot. The definition quoted relates the lot to the street rather than relating the rear property line to the front property line. In this case, the lot is higher than the street.

Code Section: 102

Subject: "Height," street versus alley as height reference Effective Date: 3/97

Interpretation:

This Section defines height and describes how to measure the height of a building or structure. It uses the term, "street" as a reference point for measurement. The Code differentiates between a "street" and an "alley" (an alley being less than 30 feet in width). Subsection (d) of the definition of height states that, when a lot fronts on two or more streets, the owner may choose the street or streets from which the measurement of height is to be taken. Since the entire Section uses the term "street" and never the term "alley," when a site has frontage on both a street and an alley, the street should always be used as the reference point. If a site has no street frontage and only alley frontage, the alley shall be used to measure height.

Code Section: 102

Subject: "Lot," adjacent lots under single ownership

Effective Date: 4/89

Interpretation:

This Section states that a lot may consist of one Assessor's lot but may consist of more than one if deemed necessary by the Zoning Administrator in administering the provisions of the Planning Code (such as Section 173of Lots Required. This does not apply to lots which are separated by a separately owned property of any width. Therefore, a lot (6742/27a) which is substandard size and owned by the owner of a lot across a five-foot utility easement could be sold separately since it is not directly abutting the other lot owned by the same party and could not be merged.

Code Section: 102

Subject: "Lot," two lots under one ownership

Effective Date: 10/89

Interpretation:

This Section states that two or more Assessor's lots may be considered to be one lot if necessary to implement the intent of the Code. A landlocked lot zoned RH-1 was under the same ownership as an adjacent RH-2 lot fronting on a street which supplied an easement to the landlocked lot. A single-family dwelling could be built on the landlocked lot as long as a variance were granted for the rear yard and a Notice of Special Restriction were placed on both lots requiring their being considered one lot for Planning Code purposes.

Code Section: 102

Subject: "Lot," two Assessor's lots as one zoning lot

Effective Date: 5/91

Interpretation:

See Interpretation 181(a)

Code Section: 102

Subject: "Nighttime entertainment uses," acoustic music

Effective Date: 11/91

Interpretation:

This Section defines "nighttime entertainment" as activities requiring police permits which allow amplified music. Therefore, non-amplified music is not classified as nighttime entertainment and activities requiring police permits which limit the entertainment to non-amplified performances could be approved for those SOMA districts where nighttime entertainment is not permitted provided the entertainment is accessory to a lawful primary use.

Code Section: 102

Subject: Definition of "Plan dimensions"

Effective Date: 4/87

Interpretation:

The question was whether balconies and bay windows were included in the measurement of "plan dimension" and "diagonal dimension." It is noted that this Section defines "plan dimension" as the distance between its walls. Since balconies do not incorporate walls and do not enclose building volume, they are not included in the measurement of building bulk but bay windows do incorporate walls and do enclose building volume and therefore, are included in the measurement of building bulk.

Code Section: 102

Subject: "Residential," Effective Date:

Interpretation:

See "Residential use defined 4/97" in the Interpretations - Alphabetical

Code Section: 102

Subject: Definition of a Restaurant – Type ABC License Effective Date: 8/23/17

Interpretation:

This definition allows a Restaurant to sell beer, wine, and/or liquor for drinking on the premises with ABC license types 41, 47, 49, 59, or 75. In 2016, the California Legislature adopted SB 1285 to create a new type of “neighborhoodrestricted” restaurant liquor license, which the California Department of Alcohol Beverage Control (ABC) designated a “Type 87” liquor license.

Under the law, Type 87 licenses are only available for restaurants, not bars or liquor stores. These licenses are generally subject to the same requirements and privileges as existing restaurant full liquor licenses (“Type 47” licenses). Type 87 licenses are initially only available for new or existing restaurants located within a set of enumerated census tracts around seven target San Francisco commercial corridors. Those corridors are Third Street in the Bayview, Mission Street in the Excelsior, Ocean Avenue, San Bruno Avenue, Noriega Street, Taraval Street, and Visitacion Valley.

A neighborhood-restricted license may not be sold or transferred to any other business or location. When a restaurant with a Type 87 license closes, and its license is cancelled, the ABC is authorized to subsequently issue a new neighborhood-restricted license to a new business, subject to all of the same geographic and other limitations. Under the new law, five Type 87 licenses will be available for San Francisco businesses beginning in late summer 2017. These licenses will be available directly from the ABC, and will be issued as part of their annual process of issuing new

full liquor licenses for counties statewide.

The law specifies that application fee for a Type 87 license is set to be the same as for a new Type 47 license, currently set at approximately $14,000. Applicants for Type 87 licenses are required to go through the same application process as for Type 47 licenses, although Type 87 applicants will also be required to hold a pre-application community meeting prior to submitting a completed liquor license application.

Therefore, because the new Type 87 liquor license is designed to mirror the Type 47 liquor license, and because a

Type 47 is permitted as part of a Restaurant, the definition of a Restaurant shall include a Type 87 liquor license and it shall be regulated in the same manner as a Type 47 license.

Code Section: 121

Subject: Illegal lots

Effective Date: 3/88 and 3/9/88

Interpretation:

See Interpretation 173

Code Section: 121

Subject: Lot subdivision, with existing house

Effective Date: 4/89

Interpretation:

A subdividable lot has a house located on it in such a way that it would be sited partially on both proposed new lots. In such cases, we have allowed the subdivision with an easement to allow the house to encroach upon one of the lots. A question was raised about the amount of such encroachment and it was noted that the Zoning Administrator had approved an encroachment of up to 1/3 of a house's coverage in the past but that the policy is subject to further review.

Code Section: 121(d)(2)

Subject: Minimum lot width

Effective Date: 1/89

Interpretation:

A lot (7112/6B) which was deficient in width by less than ¼ inch (1 percent) will be considered to be 25 feet in width. Such amount could be within the margin of measuring error. [The determination was not made solely on the basis of the percent of deviation from the standard (see Interpretation 121(e)(1) 1/89) but also on the absolute amount involved.]

Code Section: 121(e)(1)

Subject: Minimum lot area

Effective Date: 1/89

Interpretation:

A proposed lot which would be deficient in size by 38 square feet out of the required 4,000 square feet (.9 percent) would require a variance. [The determination was not made solely on the basis of the percent of deviation from the standard (see Interpretation 121(d)(2) 1/89) but also on the absolute area involved.]

Code Section: 121.2

Subject: NC District use size, change in use Effective Date: 10/93

Interpretation:

This Section requires a conditional use authorization for uses that would occupy more than a threshold amount of floor area. A conforming use which was over the threshold but which predated the use size limit requirement could change to a different use occupying the same floor area without a conditional use authorization as long as there was no significant increase in the floor area. See Interpretations 186.1(b) "Significant" 12/88 and 10/93 for a determination of what constitutes "significant."

Code Section: 121.2

Subject: Use exceeding use size limit, subdivision of Effective Date: 3/97

Interpretation:

This Section states that a conditional use authorization is required for a proposed use to exceed a certain size in the Neighborhood Commercial Districts. Where a single use exceeding that limit was proposed to be divided into two uses, one use continuing to exceed the limit and the other being under it, no conditional use is required. However, if a single use exceeding the limit were to be divided into two uses, BOTH OF WHICH CONTINUED TO EXCEED

required for a proposed use to exceed a certain size in the Neighborhood Commercial Districts. Where a single use exceeding that limit was proposed to be divided into two uses, one use continuing to exceed the limit and the other being under it, no conditional use is required. However, if a single use exceeding the limit were to be divided into two uses, BOTH OF WHICH CONTINUED TO EXCEED

THE LIMIT, a conditional use authorization would be required because the number of noncomplying uses would be increased. Planning Code Subsection 178(c) states that an existing conditional use cannot be significantly altered, enlarged, or intensified without another conditional use authorization. Subsection 178(e) states that a conditional use can change to another conditional use only with a CU authorization but that it can change to a permitted principal use without a CU authorization. A previous interpretation [178 3/86] indicated that the splitting of a conditional use into two conditional uses constituted intensification, however splitting off a use that is not a conditional use does not require a conditional use authorization.

Code Section: 124(f) and 415

Subject: Exemption of affordable units required per Sec. 415 from base floor area ratio limits

Effective Date: 11/04 (Clerically revised 1/14)

Interpretation:

Section 124(f) permits additional square footage above the base floor area ratio limits in C-3-G and C-3-S districts for construction of dwellings on the site of the building affordable for 20 years to households whose incomes are within 150% of the city's median income. Section 415 requires that a certain percentage of all units constructed on a project site be affordable for fifty years to qualifying households earning 110% of the city's median income for ownership projects, and 55% of the city's median income for rental projects. In C-3-G and C-3-S districts, units required under Sec. 415 technically qualify for the floor area exemption provided under Sec. 124(f), because they meet the minimum affordability requirement of 150% of the city's median income. Thus, affordable units provided to meet the requirements of Sec. 415 are exempted from the base floor area ratio limit in C-3-G and C-3-S districts.

Code Section: 124.1(d)

Subject: FAR and use size limit, Chinatown Mixed Use Districts Effective Date: 10/93

Interpretation:

This paragraph says that the floor area ratios normally applying to the Chinatown Mixed Use Districts shall not apply to uses which must relocate as a result of acquisition by the City. This exemption shall apply as well to the use size limit

imposed by Section 121.4 so that no conditional use authorization would be needed for such use with a floor area normally requiring a CU and such use with a floor area exceeding the amount that would normally be allowed by CU would be allowed as a permitted use pursuant to the conditions of this paragraph.

Code Section: 130

Subject: Yards and setbacks, general Effective Date: 1/86

Interpretation:

A lot fronts on two streets which intersect at an angle of less than 90 degrees.

The lot also has a property line adjoining another lot; this property line is at 90 degrees to one of the streets. In this case, one of the streets can be chosen as the frontage and the other street and the property line adjoining the next lot are considered to be side property lines. This creates a triangular lot for which one must apply the rules in Section 130(d).

Code Section: 130(c)

Subject: Frontage Effective Date: 11/85

Interpretation:

This Section allows an owner to choose a frontage when a lot fronts on two or more streets. However, Section 173(b) limits the exercise of this option if the lot is already developed. The owner of a house having vehicular and pedestrian access only from Raycliff Terrace wanted to add to the end of the building that faces Broadway. For rear yard purposes, Section 173(b) would require us to determine that the building fronts on Broadway since the greater yard area faces Raycliff Terrace. However, since Broadway is so much lower than the lot, choosing Broadway as the frontage would put even a portion of the first story of the building over the height limit. Variances cannot be granted for height limits but they can be granted for rear yard purposes. Therefore, since the building is noncomplying whichever frontage is chosen, we decided to choose the frontage which would permit the discrepancy to be rectified with a variance. Therefore, Raycliff Terrace was chosen as the frontage and a variance can be sought to construct an addition to the "rear" of the building facing Broadway. (See 85.664V)

Code Section: 130(c)

Subject: Optional frontage, frontage on two or more streets Effective Date: 3/87

Interpretation:

This subsection states that in the case of multiple frontage, the owner may elect a frontage for purposes of yards and setbacks. However, this option may have to be modified in some circumstances. Section 101.1 states that before any permit for any demolition, conversion or change of use is issued, findings of compliance with the Priority Policies of the General Plan shall be made. One of these Priority Policies [Paragraph 101.1(b)(2)] states that existing housing and neighborhood character be conserved and protected. Subsections 172(b) and 173(b) state that no structure or lot shall be built, created or modified in such a way as to create a violation of the Code or increase an existing discrepancy. Section 307 states that the Zoning Administrator shall enforce the Code and gives the Zoning Administrator the authority to adopt such rules, regulations and interpretations and to take appropriate actions as are necessary to secure compliance with the provisions of the Code. Therefore, the owner's option provided by this subsection must occasionally be overridden. Examples of such occasions are noted below.

states that the Zoning Administrator shall enforce the Code and gives the Zoning Administrator the authority to adopt such rules, regulations and interpretations and to take appropriate actions as are necessary to secure compliance with the provisions of the Code. Therefore, the owner's option provided by this subsection must occasionally be overridden. Examples of such occasions are noted below.

3/87:A through lot extended from a street to an alley. There was a large house on the street end and a smaller house on the alley end of this lot. Surrounding lots contained only one house built near the major street or also had a larger house near the major street and a smaller house near the alley. The owner wanted to choose the alley as the frontage in order to allow the smaller house to be expanded but was not allowed to do so as this would have run counter to the established building pattern of the block and would jeopardize the neighborhood character protected by the Priority Policies. It also would have placed the required rear yard under the larger house which, since it covered more ground, would have increased the rear yard deficiency. Further, it would have made the larger house nonconforming, making improvements to it more difficult. This would have jeopardized the viability of the larger house which offers greater housing potential than the smaller house in its less desirable location.

8/88:When one end of a lot is higher or lower than the other end, the Planning Commission would prefer new development to occur at the lower end in order to preserve the views of the existing residents of the area.

Code Section: 130(c)

Subject: Frontage of lot abutting two streets

Effective Date: 1987

Interpretation:

A lot is shaped nearly like a quarter pie slice with two interior lot lines meeting at a 90-degree angle and the street line curving from one of these lines toward the other.

Before the curving street line can intersect the other interior line to complete the exterior corner, it is intersected by another street. The lot frontage created by the street which truncates this potential corner is only six feet. Since this sixfoot frontage does not meet the minimum frontage standard, it cannot be chosen as the frontage for purposes of determining the location and size of the rear yard. Therefore the lot is treated like a triangular lot.

Code Section: 130(c)

Subject: Yard and setback requirements, general

Effective Date: 12/97

Interpretation:

This Section allows owners of lots that abut on two or more streets, to select any street lot line as the front lot line for purposes of yards and setbacks as required by Sections 131 thru 134 of the Code. For purposes of selecting front lot lines on developed lots, existing open spaces that meet current Code requirements should be preserved and established as their respective yards and/or setbacks. Their preservation should occur through the election of an appropriate street lot line as the front lot line.

Code Section: 130(e)

Subject: Averaging of a required side yard

Effective Date: 1/86

Interpretation:

See Interpretation 133 Side yard measurement

Code Section: 130(e)

Subject: Rear yard averaging Effective Date: 9/87

Interpretation:

Pursuant to long-standing policy, where a site has two depths, a rear yard must be provided for each of these segments at the rear of these segments. This Section states that, "Where the building wall is not parallel to a side or a rear lot line [emphasis added] the required least dimension of the side yard or the rear yard along such line may be applied to the average, provided that no such side yard shall be less than three feet in width at any point, and no such rear yard shall be less than five feet in depth at any point." This provision cannot apply to situations where a lot has two rectilinear segments of different depth because the lot lines are still parallel and perpendicular to each other allowing a rectilinear building. The section is intended to allow flexibility in design only to an extent which would allow full development of the buildable area with a rectilinear building.

Code Section: 131

Subject: Legislated setback lines, waiver by PUD or ZA

Effective Date: 1994

Interpretation:

This Section continues in effect, the legislated setback lines established by separate ordinances and specifically states that the procedures for establishing, abolishing or modifying them shall be as specified in Sections 302 and 306 through 306.5. These Sections provide for text and map amendments. The provisions governing variances and planned unit development are in Sections 304 and 305. Therefore, legislated setbacks cannot be modified by the PUD or variance process. Nor can the Zoning Administrator adjust a legislated setback by averaging it along a series of buildings. In most cases, a variance would also be needed for the setback required by Section 132.

Code Section: 132

Subject: Front setbacks

Effective Date: 1/86

Interpretation:

A retaining wall held the grade of Mullen Street. The grade of the lot immediately behind the street line was much lower than the grade of the street. The house was set back from the street line but was built high enough to rise above the level of the street and had a bridge crossing from the street to the house entrance. There was a required front setback. In this case one could not build in the required front setback even though that addition would be below the grade of the street and could not be seen from down the street.

Code Section: 132; 136(c)(14), (30)

Subject: Pedestrian bridge or driveway in front setback

Effective Date: 04/01

Interpretation:

An interpretation of Planning Code Section 132, dated 1/86, states that where a retaining wall holds the grade of the street and a house is set back from the street, with a bridge crossing from the street to the house entrance, and where there is a required front setback one could not build in the required front setback even though the addition would be below grade of the street and could not bee seen from down the street. The Zoning Administrator wishes to clarify that this interpretation applies to the development of habitable space, or non-habitable rooms, such as storage rooms below street grade, but more than 3' above natural grade in the front setback area.

Please note that this Interpretation does not apply to construction of a "bridge" in the front setback area that provides necessary access to a dwelling unit on a down sloping lot. This is supported by language in Section 136(c), which defines permitted obstructions, specifically in Subsections (14) and (30). Section 136(c)(14) states that "[s]teps of any type not

more than three feet above grade, and uncovered stairways and landings not extending higher than the floor level of the adjacent first floor of occupancy above the ground story, and, in the case of yards and usable open space, extending no more than six feet into the required open area for any portion that is more than three feet above grade, provided that all such stairways and landings shall occupy no more than 2/3 the buildable width of the lot along a front or rear building wall, 2/3 the buildable length of a street side building wall, or 1/3 the length of all open areas along the buildable length of an interior side lot line;

Section 136(c)(30) states that "[d]riveways, for use only to provide necessary access to required or permitted parking that is located on the subject property other than in a required open area, and where such driveway has only the minimum width needed for such access;

The Zoning Administrator notes that Subsection 30 does not limit the height above grade of such vehicular access, and that Subsection 14 allows uncovered stairways and landings as long as they do not extending higher than the floor level of the adjacent first floor of occupancy above the ground story in a required setback. Therefore, a pedestrian bridge or a driveway over the front setback on a down sloping lot, which is necessary for access from the street to a dwelling unit, and which has only the minimum width needed for such access, and which does not extend higher than the floor level of the adjacent first floor of occupancy above the ground story would fall under the provisions of Section 136(c)(14) and/or (30) and would not trigger the need for a variance.

This has been the practice of the Department for many years, but no written interpretation has ever been made.

Code Section: 132(a)

Subject: Front setback calculation

Effective Date: 12/86

Interpretation:

When an adjacent lot is vacant but has a DCP approval for a proposed building, we will consider the proposed building in calculating the front setback for the subject lot as long as the application or permit for the DCP-approved building is active.

Code Section: 132(b)

Subject: Front setback

Effective Date: 9/87 & Revised 9/25

Interpretation:

For purposes of determining the required front setback, the wall of the adjacent building that is structural with a foundation (touches the ground) is to be counted as the main building wall unless such wall conforms to the configuration of a permitted obstruction in the front setback.

Code Section: 132(b)

Subject: Front setback

Effective Date: 9/88 & Revised 9/25

Interpretation:

An interpretation used since 1978 is that the setback of the adjacent building used to calculate the required setback of a particular building is averaged when its front wall is not parallel to the street line. Therefore the setback of such adjacent building is not the closest point its wall comes to its front property line but the average distance its front wall exists from its front property line.

Code Section: 132(f)

Subject: Permitted obstructions in setback

Effective Date: 1/91

Interpretation:

See Interpretation 133(d)

Code Section: 132(f)

Subject: Front setback, obstruction Effective Date: 7/89

Interpretation:

It was proposed to build an elevator consisting of a cab running on unenclosed tracks (as on the Fairmont Hotel) on the front of a house built at the front setback line. Its base station would be within a tunnel constructed under the front setback; its top station would be surrounded by the second floor of the house which cantilevers over the front setback. Noting that the elevator would normally not be situated in the open but rather at its base station or at its enclosed uppermost elevation, such elevator would be a permitted obstruction if it ran ONLY on tracks mounted directly on the wall of the house. An ENCLOSED elevator shaft would not be a permitted obstruction.

4/91 The track of such elevator could NOT be mounted three feet out from the wall of the lower stories in order to be flush with the higher, cantilevered story. The reason the feature described in the above paragraph was acceptable is because the tracks would intrude less than six inches and the car would intrude only when located at the intermediate level between the ground floor and the top floor where it would be enclosed by existing structure or grade.

Code Section: 132(g)

Subject: Landscaping in required front setback

Effective Date: 2/88

Interpretation:

This Section calls for 20 percent of the required front setback to be unpaved and devoted to plant materials. Therefore, garages proposed in the required front setback as a permitted obstruction must have potted landscaping on their roofs if the presence of the garage does not allow 20 percent open ground for such landscaping.

Code Section: 133

Subject: Side yards Effective Date: 3/86

Interpretation:

See Interpretation 136(c)(14)

Code Section: 133

Subject: Side yard measurement Effective Date: 1/86 (Revised 3/21)

Interpretation:

This Section provides for side yards in the RH-1(D) District based upon the width of the lot. Where a lot is wider at one end than at the other end, the side yard requirement at a given point is based upon the width of the lot at that cross section. As illustrated, that portion of a lot wider than 50 feet, for example, requires two side yards of five feet each. In another example, where a lot with a 40-foot frontage immediately becomes narrower than 40 feet, the side yard

requirement applicable to lots of 40 feet to 50 feet in width does not apply but rather the side yard applicable to a lot between 31 feet and 40 feet in width applies.

Alternatively, a side yard can be averaged pursuant to Section 130(e) to produce one consistent side yard requirement for lots that are generally triangular in shape (that is, they either become wider or narrower over the depth of the lot). In this case, the width of the lot in the required rear yard and required front setback is disregarded and the average lot width is based upon the lot width at the rear of the required front setback and the lot width at the front of the required rear yard (the area of the lot in which the side yard requirement applies under Sections 130 and 133).

Code Section: 133(b)

Subject: Side yard reduction

Effective Date: 7/89

Interpretation:

A lot (2709/22) in an RH-1(D) District had side property lines converging to a point. Section 133(a)(4) requires a side yard of four feet for lots with a width between 40 and 50 feet. Earlier interpretations have stated that the various side yard requirements for various lot widths apply to those portions of a lot having those respective widths. At a point where the subject lot was between 40 and 50 feet wide, the owner planned an extension of the house into this four-foot side yard but had a wide enough side yard on the other side of the lot to take advantage of this Section's reduction feature. This paragraph states that the required side yard may be reduced to as little as three feet when the difference in dimension is provided by the other side yard provided that the building is no higher than 25 feet. For purposes of this Section, height is measured from grade.

Code Section: 133(b)

Subject: Side yard modification

Effective Date: 10/93

Interpretation:

This Subsection states that for a house not exceeding a height of 25 feet, a side yard requirement may be reduced to three feet on one side if the requirement on the other side is increased by the same amount. This provision can accommodate an addition to an existing house if the house and the larger side yard meet the respective restrictions of this provision and if a Notice of Special Restriction is recorded on the land records restricting future development to the height limits and side yard requirements of this provision. Any legally existing protrusion of the house into the three-foot side yard would not prohibit the application of this provision since only current and future additions need conform to contemporary provisions.

Code Section: 133(d)

Subject: Obstructions in required side yards

Effective Date: 1/91

Interpretation:

This paragraph prohibits obstructions in required side yards except those specified in Section 136 of the Code. Previous interpretations [136(c)(14) and 132(f)] have allowed certain types of funiculars and elevators in front setbacks under certain circumstances. A funicular running on tracks which would have up to nine feet of headroom between it and the ground at one point is not a permitted obstruction.

Code Section: 134

Subject: Rear yard, existing building in Effective Date: 3/88

Interpretation: See Interpretation 172(b)

Code Section: 134

Subject: Rear yards Effective Date: 1/86

Interpretation:

See also Interpretation 130

Code Section: 134

Subject: Rear yards Effective Date: 1/86

Interpretation:

To find the average depth of a lot with a concave frontage on a cul-de-sac where the side lines diverge making the rear property line longer than the frontage, we draw a straight line connecting the two points where the side property lines intersect the frontage (thus making the concave frontage a straight line). The distance from the mid point of this straight line to the midpoint of the rear property line is the average depth ("lot depth line").

Code Section: 134

Subject: Rear yards Effective Date: 1/86

Interpretation:

Rear yard requirement for a lot with split zoning. A lot (AB/L 602/4) having its front half in an RH-2 District and its rear half in an RH-1 District must have a rear yard pursuant to the RH-2 rules. In situations like this, the district controlling the frontage controls the whole lot for purpose of determining the required open space.

Code Section: 134

Subject: Rear yards, two buildings on a lot Effective Date: 11/86 (Revised 3/21)

Interpretation:

Section 134(f) states that a through lot having both its front and its rear lot line along Streets, Alleys, or a Street and an Alley, and where an adjoining lot contains a residential or other lawful structure that fronts at the opposite end of the lot, the subject through lot may also have two buildings according to such established pattern, each fronting at one end of the lot, provided that all the other requirements of this Code are met. It further states that in such cases, the rear yard required for the subject lot shall be located in the central portion of the lot, between the two buildings on such lot, the depth of the rear wall of each building from the Street or Alley on which it fronts shall be established by the average of the depths of the rear building walls of the adjacent buildings fronting on that Street or Alley, or where there is only one adjacent building, by the depth of that building, and shall the total minimum rear yard for the subject lot be thus reduced to less than a depth equal to 30% of the total depth of the subject lot or to less than 15 feet, whichever is greater.

There is nothing in the Planning Code that addresses the yard requirements when a dwelling legally exists at the rear of a lot that is not a through lot and there is a proposal to build another structure in the “buildable area” of this lot. The Code places a greater requirement on a through lot than on a lot that is not a through lot. A minimum rear yard depth is required for the subject situation to correct this inequity and to fulfill the intent of the rear yard provisions. The minimum rear yard required for any residential development under the Planning Code is 25% of the subject lot’s depth or 15 feet, whichever is greater. Therefore, the minimum depth of a yard between two buildings on a lot in the subject situation is 25% of the subject lot’s depth or 15 feet, whichever is greater. (It is noted that Section 140 of the Planning Code [titled, “All Dwelling Units In All Use Districts To Face On An Open Area”] will normally require a minimum of 25 feet in most situations that conform to the description of the subject situation.)

Code Section: 134

Subject: Rear yard location

Effective Date: 11/86

Interpretation:

In cases where a lot is already developed and there is a deficiency of open space, the Zoning Administrator may need to override the owner's option of choosing the frontage of a lot in order to avoid increasing the Code discrepancy. In question was the location of the required rear yard in a case where there are three buildings on one L-shaped lot zoned residential. One 3-story building fronts on Street "A" while another three-story building is immediately behind it and fronts on "B" Street. The third building is two stories and also fronts on "B" Street. The portion of the lot fronting on "A" Street has the greater depth. A small yard area exists between portions of the first two buildings in a part of the lot farthest from "B" Street in an area that would be the rear yard if "B" Street were the frontage. Another yard area exists between portions of the second and third building in an area that would be the rear yard if Street "A" is the frontage. In cases where the rear yard is deficient, frontage (and consequently the rear yard location) is usually chosen on the basis of what will

provide a rear yard that most closely conforms to the requirement for the lot. If a decision cannot be made on that basis, the next criteria is what option supports the block pattern of open space. In this case, both of the yard areas are approximately of equal size. Since the third building has only two stories as compared to three stories for the other two buildings on the lot, it more closely conforms to the rear yard requirement, one purpose of which is the access of light and air to adjacent rear yards. Therefore, the rear yard is opposite "A" Street so the lower building fronting on "B" Street must be considered to be a noncomplying structure in the rear yard and cannot be expanded.

Code Section: 134

Subject: Lot depth calculation

Effective Date: 12/86

Interpretation:

A lot (2872/13) is defined by two straight lines at right angles to each other and one convex curved line connecting the two ends of the straight lines. The curved line is the street. The shorter straight line was considered to be the rear property line and the longer straight line was considered to be one of the side lot lines. A straight line extending from the midpoint of and at right angles to the rear property line until it joins the curved street line is the average depth of this lot (the dashed line in the illustration). Sometimes lots with this general configuration are treated as triangular lots but this lot has a definite narrow axis (which is normally chosen as the lot depth). Further, this decision continued the open space pattern of the lots to the east while the lots to the south are deep so that a house adjoins the subject lot's rear yard.

Code Section: 134

Subject: Rear yard, etc. on landlocked lot

Effective Date: 12/87

Interpretation:

A lot is landlocked but is connected to the street by narrow easements centered on the common side property lines of two lots. The broad side of the lot parallels the street. The buildable area of the lot in this case is along the lot line closest to the street to which the easement leads even though this places the front of the lot along its broad side. Also, the easements do not count in the buildable area.

Code Section: 134

Subject: Rear yard, average lot depth Effective Date: 8/88

Interpretation:

A lot (AB2797/30) has frontage on Skyview and on Aquavista Way. It is apparent that the rear yard needs to be located perpendicular to Skyview and opposite Aquavista next to the other private property. The problem was determining the average lot depth. The portion of the Skyview frontage that is straight was considered to be one side lot line and the portion of the Aquavista frontage that is straight was considered to be the other side lot line. The curvilinear portion of the Aquavista frontage was considered to be the front property line. The average depth was determined by adding the lengths of the two side lot lines and dividing by two.

Code Section: 134

Subject: Rear yard location

Effective Date: 8/88

Interpretation:

A lot (AB 3545/39) is at the end of a dead-end street such that the lot's longer dimension is perpendicular to the direction of the street and it protrudes into what would be the extension of the street right-of-way. Therefore, the lot's actual street frontage is along a portion of its side property line. The rear yard should be at the end of the long axis away from the street even though this would not be parallel to and opposite the actual street frontage. This determination is consistent with the development pattern of adjacent lots. (In this case there is only one adjacent building for rear yard purposes.) (The determination could be different for a lot configured closer to a square.)

Code Section: 134

Subject: Fill-ins under nonconforming projections Effective Date: 6/90 (Revised 3/21)

Interpretation:

It is an established policy to allow the enclosure of the void under a legal nonconforming enclosed projection extending into the required rear yard. Noting that a fence could not exceed a height of 10 feet, this policy could not be applied to a situation where the void extends higher than 10 feet above existing grade at any point. Such void could not be enclosed without a variance.

Code Section: 134

Subject: Location of rear yard Effective Date: 3/92

Interpretation:

Normally, the required rear yard is opposite the lot's frontage and the frontage of a lot would normally be its narrow side. In the situation illustrated, the narrowest "side" is the point where Gold Mine Drive and Diamond Heights Boulevard converge. However, the existing house is at the opposite end and the greater yard area is toward the point. Therefore, in this case, the frontage would be Gold Mine Drive and the required rear yard would be next to Diamond Heights Boulevard.

Code Section: 134

Subject: Rear yard, fill in Effective Date: 9/94

Interpretation:

In the case where a sizeable portion of a building legally extending into the rear yard as a noncomplying feature was proposed to be demolished without replacement and a small, second-story notch still in the portion of the building extending into the required rear yard in a noncomplying manner was proposed to be enclosed, the small fill-in would require a variance. One cannot "trade off" an action to make something more conforming for an action to make something else less conforming without the variance procedure.

Code Section: 134

Subject: Average depth of irregular lot Effective Date: Unknown; Moved & Revised 9/25

Interpretation:

Average depth of subject lot: The rear property line consists of four straight lines defining back ends of four segments of the lot. The front ends of these segments are determined by extending the two side lines toward the street until they connect. Draw straight lines connecting this point to each of the ends of the straight lines that constitute the rear property line. Treat each of the resulting segments (on the drawing) as separate lots for computing average lot depth. Bisect the lines which define the rear and front ends of each segment and connect these bisection points. These connecting lines (A, C, etc.) constitute the average depth of each segment. The rear yard is the appropriate percentage of each of these segments.

Code Section: 134

Subject: Average depth of irregular lot Effective Date: Unknown; Moved & Revised 9/25

Interpretation:

In a scenario where a lot is not rectangular, as shown in the graphic. The question was how to calculate the average lot depth for Lot 37. It was determined that the average depth was expressed by a straight line drawn from the midpoint of the frontage to the midpoint of the rear property line even though this line would leave the confines of the lot at some point.

Code Section: 134(d)(1)

Subject: Rear yard requirements Effective Date: 6/2001; Moved & Revised 9/25

Interpretation:

Addition of a dwelling above NCU or LCU with no rear yard in an R district

A long-standing interpretation of Subsection 172(b) (which states that no NCU may be altered in such a way as to increase a code discrepancy or create a new discrepancy) allowed, where an NCU with no rear yard was the sole use on a residentially zoned lot (with a rear yard requirement for all buildings), to be converted to residential use without a rear yard variance. Such a non-residential building without a rear yard is already noncomplying and would not be made noncomplying by adding a dwelling.

So, if a residence is added above an NCU or LCU with full lot coverage in an RH district, where a rear yard is proposed at the residential level, and the ground floor remains at full coverage with a nonconforming commercial use, there is no increase in the rear yard discrepancy, and thus no rear yard variance is required.

Please note that in districts where the commercial use does not require a rear yard, but the residential use does (such as NC-2 Districts), a rear yard or variance from such would be required since having a dwelling there with no rear yard creates a discrepancy.

Code Section: 134(d)(2-3)

Subject: Building below the rear yard Effective Date: 3/88 & Revised 9/25

Interpretation:

This Paragraph requires a rear yard be provided either at the second story or above or at the level of the lowest dwelling and above in certain zoning districts. That portion of a building extending below what would be the required rear yard or setback at higher levels does not have to be developed with a deck on its roof unless such deck is needed to meet the usable open space requirement. Further, features permitted below the upper level rear yard need not be limited to an extension of the building but can be separate buildings and other structures not extending to the level where the rear yard requirement begins.

Code Section: 134(d)(2-3)

Subject: Rear yard for NC Districts Effective Date: 1/91 & Revised 9/25

Interpretation:

This Paragraph states that for certain NC and Mixed Use Districts, the required rear setback shall be at the lowest level of residential occupancy and above. Therefore, the roof of that portion of the building below the lowest residential floor (or the roof of another building on the lot) would constitute the surface of the rear “yard.” The roof of another building on the lot constituting such “yard” could extend up to but no higher than three feet above the floor level of the lowest residential floor because a deck can be three feet above grade anywhere in the rear yard.

Code Section: 134(d)(2-3)

Subject: Rear yard requirements Effective Date: 6/2001 & Revised 9/25

Interpretation:

Planning Code Section 134(d)(2-3) requires that the rear yard shall be provided at the lowest story containing a dwelling unit in certain zoning districts. If an ancillary room (within the same dwelling unit) is provided at a level below the primary portion of the dwelling unit, the rear yard is required beginning at the primary level of the dwelling unit but not necessarily required at the level of the ancillary room. The primary portion is defined as a fully functional dwelling unit, with kitchen and sleeping rooms. An ancillary room could not function or easily be converted to an independent unit.

The intent of this proposed interpretation is to encourage ground level pedestrian-oriented design. The alternative would be to not allow occupiable space on the ground floor or to reduce the number of parking spaces, and thus the number of dwelling units, since to require a rear yard at this level would impact the parking. These will be considered on a case by case basis by the Zoning Administrator to ensure that the intent of the Code is met.

Code Section: 134(f)

Subject: Corner Lots as Through Lots Effective Date: 03/23

Interpretation:

This section states the following: “Where a lot is a Corner Lot, or is a through lot having both its front and its rear lot line along Streets, Alleys, or a Street and an Alley, and where an adjoining lot contains a residential or other lawful structure that fronts at the opposite end of the lot, the subject through lot may also have two buildings according to such established pattern, each fronting at one end of the lot, provided that all the other requirements of this Code are met.” While this provision applies to Corner Lots, a typical Corner Lot does not have its rear lot line along a street. Therefore, only a Corner Lot that that has frontage on three separate Streets and/or Alleys may qualify for the provisions of this section (see Block 0145 Lot 037 and Block 4058 Lot 009 as examples).

Code Section: 134(i-k)

Subject: Rear yard waiver by Zoning Administrator Effective Date: 1993 & Revised 09/25

Interpretation:

This Paragraph and Subsection states that the rear yard requirements for the Neighborhood Commercial, North of Market Residential Special Use District, and the Eastern Neighborhoods Mixed Use Districts may be waived by the Zoning Administrator pursuant to the procedure applicable to variances as set forth in several Code sections. The Code sections cited do not include the section that states the five findings required for normal variances. Rather, the sections cited contain the procedures for variance hearings. The waiver cited in this paragraph, therefore, requires the same application, fee, hearing notice, hearing procedure and appeal procedure as a variance but does not require the same findings as described in Section 305. Rather, the findings that need to be made are described in language subordinate to these paragraphs.

Code Section: 134(j)

Subject: North of Market SUD, rear yard

Effective Date: 12/87 & Revised 09/25

Interpretation:

This Subsection states that the Zoning Administrator can allow an equivalent amount of open space to be substituted for the rear yard requirement in the North of Market Special Use District. The Code does NOT say that this open space needs to meet the criteria for USABLE open space. Therefore, one can apply to substitute a light well for the rear yard requirement under this Section even though the light well wouldn't conform to the minimum dimensions, area and exposure requirements of usable open space, provided the other criteria of this subsection are met.

Code Section: 134, 135

Subject: Rear Yard Requirement where there is a noncomplying structure in the Rear Yard Effective Date: 3/10

Interpretation:

The existence of a building within the rear yard could allow for expansion within the buildable area that would result in excessive overall lot coverage, up to 100 percent. This is contrary to the General Plan and the principles of the Planning Code with respect to lot coverage. In such cases, the Zoning Administrator shall require open space to be provided elsewhere on the site. The requirement would be based on established patterns of adjacent development and would be equivalent to the area that would otherwise be provided by a rear yard equal to 25% of lot depth or 15 feet times rear lot width, whichever is greater. In order to count towards the standard, the space would have to meet the minimum dimension requirements for open space of Section 135(f). The Zoning Administrator shall consider lot coverage which does not meet these requirements on a case by case basis and may approve them administratively, or require a variance.

Code Section: 135

Subject: Usable open space for added dwelling unit Effective Date: 3/9/65

Interpretation:

This Section requires usable open space (UOS) for dwelling units and may be provided either as common UOS available to all apartments in the building, or as private UOS intended for the exclusive use of, and attached by balconies or other ways directly to a specific apartment. Buildings having a legal deficiency of UOS may remain but the required per-unit amount of UOS must be added when any new dwelling units are added. Where a dwelling unit is added to a building having a deficiency of usable open space for one or more existing dwelling units, rather than attaching and allocating the required additional UOS to the new dwelling unit, the new private UOS provided may be attached and allocated to an existing dwelling unit which has no UOS, if good design dictates such an arrangement.

Code Section: 135(c) and 136(c)(21)

Subject: Usable Open Space — Landscaping

Effective Date: 3/21

Interpretation:

Section 135 requires minimum amounts of private and common usable open space for dwelling units and group housing and allows certain permitted obstructions as outlined in Section 136. Section 136(c)(21) generally allows “landscaping and garden furniture” within required usable open space. In order for landscaping to count towards the usable open space requirement, it must be usable and accessible. In the case of landscaping provided in large, raised planters that are not readily accessible from adjacent usable open space, only that portion within the first 3 feet of the usable open space shall be counted towards the usable open space requirement. Larger, inaccessible areas of landscaping shall not be counted towards the usable open space requirement.

Code Section: 135(d)

Subject: Exemptions, mentally handicapped Effective Date: 9/02

Interpretation:

See Interpretation 207.4(b)

Code Section: 135(d)(1)

Subject: Usable open space Effective Date: 1/86

Interpretation:

It was confirmed that Section 135(d)(1) permits one to mix both common and private UOS in one development provided the common area is multiplied by 1.33. This paragraph says, "Where common usable open space is used to satisfy all or part of the requirement (emphasis added) which clearly indicates such mixing is allowed.

Code Section: 135.2

Subject: Usable open space for live/work Effective Date: 3/95

Interpretation:

This Section provides for usable open space for live/work units. It adopts by reference the regulations for character of UOS for regular units but such character provisions, do not include minimum dimensions. Since certain configurations of UOS could technically meet the stated requirements and still not be usable due to the narrowness of the space proposed, the Zoning Administrator needs to exercise judgement over the adequacy of proposed UOS. The minimum dimensions in Section 135(g) for common UOS for regular units shall be adequate and minimum for live/work units unless smaller dimensions are approved by the Zoning Administrator on a case-by-case basis.

Code Section: 135.2

Subject: Usable open space for "newly constructed" live/work Effective Date: /96

Interpretation:

This Section requires usable open space for live/work. It states that usable open space is required for live/work with buildings newly constructed after the effective date of the ordinance. The term, "newly constructed" refers to the building, not to the live/work unit. Therefore, no usable open space is required under this Section for live/work units created within existing buildings unless the building is expanded.

Code Section: 135.3

Subject: Open Space for Non-Residential Uses

Effective Date: 11/11 (Revised 1/14)

Interpretation:

The intent of this Section is to require the provision of useable open space for new non-residential uses. Section 135.3(a) (2) states that the open space provided for projects in Eastern Neighborhoods "may be" provided as publicly accessible, and if so, the amount of open space may be reduced by 33 percent. Subsection (b) describes the required criteria for all open space required by this section, including several criteria that require the open space to be accessible and usable by the public. These criteria conflict with the Eastern Neighborhoods provisions that encourage the open space to be publicly accessible, but do not require it to be so. Therefore, only those criteria in Subsection (b) unrelated to public accessibility shall be applicable to open space required for projects in Eastern Neighborhoods.

Code Section: 136

Subject: Permitted obstructions, not subject to variance

Effective Date: 10/88 Interpretation:

See Interpretation 136(c)

Code Section: 136, 136.1, 136.2

Subject: Permitted obstructions over street space

Effective Date: /95

Interpretation:

The features allowed by these Sections to occupy street space are governed by these Sections even in cases where there are no requirements for yards or usable open space and no features subject to this Code attached to buildings are allowed to occupy street space except as provided by these Sections even in cases where there are no requirements for yards or usable open space.

Code Section: 136 and 311

Subject: Alternatives to EEROs required by the Building Code Effective Date: 02/24

Interpretation:

Department of Building Inspection (DBI) Information Sheet No. EG-02 was issued on January 15, 2024, and addresses the requirements for Emergency Escape and Rescue Openings (EEROs) and local equivalencies when an EERO opens to a yard or court that does not open to a public way for R-3 occupancies. Compliant EEROs or permitted alternative equivalencies are required for certain projects to meet minimum life and safety standards under the Building Code. EG-02 Alternative 2 calls for compliant stairs and landings to provide roof access for rescue in certain scenarios, and EG-02 Alternative 3 calls for compliant stairs and landings to provide access to a qualifying yard. Therefore, EEROs pursuant to Alternatives 2 and 3 that meet all the following requirements shall be considered equivalent to a Codecomplying fire escape per Planning Code Section 136(c)(4), shall be exempt from neighborhood notice per Section 311, and shall not require a rear or side yard variance if located within a required yard:

1. The project is an alteration to an existing building that does not include a horizontal addition expanding the building deeper into the lot; and

2. Except for the prescribed width limitations, the EERO otherwise meets the requirements of Planning Code Section 136(c)(4) for fire escapes, which allows a depth up to 4 feet 6 inches.

EERO stairs and landings that are greater than 4 feet 6 inches deep, but no more than 6 feet deep, and would otherwise require neighborhood notice per Section 311, must submit a set of reduced plans signed by the property owner and occupants of units on adjacent lots, or otherwise be subject to a 10-day mailed notice to such owners and occupants. Such EEROs are also subject to standard variance requirements.

All EEROs other than those addressed above shall be subject to the standard requirements for neighborhood notification and variances. Additionally, this interpretation does not apply to any firewall proposed in conjunction with any such EERO, or to any other applicable Planning Code requirement.

Code Section: 136(c)

Subject: Height of obstructions

Effective Date: 3/88

Interpretation:

There are various obstructions listed in this Section with height limits. Such height limits apply from the lowest level at which the rear yard applies (such as in NCDs where rear yard requirement applies at the second level or higher).

Code Section: 136(c)

Subject: Nonpermitted obstructions, variance for

Effective Date: 10/88

Interpretation:

It was confirmed that one cannot apply for a variance from the prohibition against certain obstructions being located in the required open areas. One would have to seek a variance from the open area requirement itself. One can never vary the prohibition of certain obstructions over streets and alleys since streets and alleys are not an open area required by the Planning Code.

Code Section: 136(c)(2)

Subject: Corner Bay Windows Effective Date: 1/14; Moved 09/25

Interpretation:

This Section allows a bay window to project over streets and other required open areas so long as it fits within a specific theoretical envelope. Such envelope begins at the “line establishing the required open area” and narrows along 45-degree angles drawn inward as projection increases. It was suggested that this Section did not address corner parcels where a bay window might extend over parts of a street corner not within a 90 degree projection of either of the parcel’s street frontages.

While a “required open area” itself exists only within a parcel, the “line establishing” the required open area is a theoretical marker that extends beyond a parcel and, in the case of corner lots, onto a right-of-way. Therefore, bay window envelopes on corner lots may begin along any part of the line establishing the open area, including those parts of the line which are beyond the bounds of the lot. As such, bay windows may extend over parts of a street corner not within a 90 degree projection of either of the parcel’s street frontages. Such bay windows must nonetheless comply with the three-foot restriction on projection applicable to both street frontages.

Code Section: 136(c)(2), (3)

Subject: Bays, not counted for front setback requirement Effective Date: 7/88 & Revised 09/25

Interpretation:

See Interpretation 132(b)

Code Section: 136(c)(2)

Subject: Bay window obstruction Effective Date: 3/89

Interpretation:

This Section allows bay windows to extend over the street or over the required front setback provided they have a certain amount of glazed area on their vertical surface which is a percentage of the sum of the total vertical surface. The area of such vertical surfaces shall be the interior surface rather than the exterior surface.

Code Section: 136(c)(2)

Subject: Bay window in front setback over garage

Effective Date: 10/89

Interpretation:

This Section allows a bay window as an obstruction into the front setback within certain limitations, one of which is the provision of 7.5 feet of headroom. A bay was proposed to project into the front setback area above the roof of a garage dug

into the slope of more than 50 percent (per Section 136(c)(27)). The bay would clear the roof of the garage (which would not be developed as usable open space) by less than 7.5 feet. The 7.5-foot headroom applied to the clearance over the garage roof even though such clearance would not be required to accommodate pedestrian passage.

Code Section: 136(c)(2), (3)

Subject: Bay windows and the bulk limit Effective Date: 5/92

Interpretation:

These provisions allow for bay windows to project over the street and other required open areas. Such projection is not allowed if the bay windows would violate the horizontal dimension limits of the bulk restrictions.

Code Section: 136(c)(3)

Subject: Permitted obstructions, bay windows

Effective Date:

Interpretation:

If a bay window projecting into the rear yard requirement conforms to the more restrictive envelope of the previous Paragraph 136(c)(2) (which is permitted in both the front and rear setback) it still will be subject to the aggregate width limits of this Paragraph (3) (which is not permitted in the front setback). Being smaller than the envelope described by Paragraph (3), it therefore conforms to this paragraph and being located in the rear yard, it must conform to the

aggregate width limits intended for such features in the rear yard.

Code Section: 136(c)(4)

Subject: Fire escapes as permitted obstructions Effective Date: 2/96

Interpretation:

This Paragraph states that fire escapes leaving at least 7.5 feet of headroom may protrude into any of the required open areas no more than four feet. Normally, permitted obstructions that have a projection limit cannot be added to each other for a cumulated projection. Because the San Francisco Fire Department is requiring a large category of residences to be retrofitted with fixed ladders for fire escapes, it was thought desirable to relax this policy. Therefore, subject to Residential Design Guidelines, a fire escape that is required under City Code may be appended to certain other obstructions at maximum projection, if necessary to accommodate the fire escape, provided it is for an existing building, is no wider than necessary and in no case wider than four feet and is designed and located so as to provide the least obstruction of light and view from adjacent properties. A fire escape will generally not be allowed to be added to a bay window. It may extend only 20 inches beyond a deck with any required circulation space provided by the existing deck or decks. Further, for location only in a required yard, such obstruction need not provide 7.5 feet of headroom above grade or above a roof or deck.

Code Section: 136(c)(14)

Subject: Permitted obstructions, funicular

Effective Date: 1/91

Interpretation:

See Interpretation 133(d)

Code Section: 136(c)(14)

Subject: Permitted obstructions

Effective Date: 4/87

Interpretation:

See Interpretation 136(c)(25)

Code Section: 136(c)(14)

Subject: Permitted obstructions Effective Date: 3/86

Interpretation:

An "invalid chair" which is a type of elevator/tram running on tracks mounted on a stairway is considered to be included within the definition of "stairway" as used in this paragraph.

Code Section: 136(c)(14)

Subject: Permitted obstructions, ground floor

Effective Date: 4/86

Interpretation:

This Section says that a stairway is permitted to project six feet into the rear yard provided it not extend above the lowest floor of occupancy. However, the lowest floor of occupancy is the next floor above grade at the location of the stairway which could be a different floor at the rear of the building than at the front of the building.

Code Section: 136(c)(14)

Subject: Permitted obstructions

Effective Date: 8/88

Interpretation:

The stairway and landings allowed by this Section to extend into the required front setback must be no wider or longer than necessary to connect the door to the ground. Landings cannot extend beyond the door in the direction opposite the stair.

See Interpretation 132; 136(c)(14), (30)

Pedestrian bridge or driveway in front setback

Code Section: 136(c)(15)

Subject: Railings on permitted obstructions

Effective Date: 4/90

Interpretation:

A policy of the Zoning Administrator has been to allow a deck on a noncomplying structure provided the deck is built flat on a flat roof and has a railing no higher nor more closed than required by the Building Code. The question was whether this requirement for railing openness also should be applied to features which are permitted obstructions such as stairs since permitted obstructions are by definition located in those areas intended to be open. This paragraph which permits stairs is silent on the issue. It was noted that the openness requirement was imposed for deck railings on noncomplying features because it was a feature permitted by Zoning Administrator interpretation rather than by the Code.

It was concluded that the requirement should not be imposed on permitted obstructions unless explicitly imposed by Code.

Code Section: 136(c)(16)

Subject: Permitted obstructions, decorative railings

Effective Date: 3/90

Interpretation:

This Section says that decorative railings and decorative grillwork which is at least 75 percent open to perpendicular view may exist in the front setback up to six feet in height. It was ruled that the open area of this feature could be glazed.

Code Section: 136(c)(17)

Subject: Permitted obstructions, fences in required front setbacks, garbage receptacle screening Effective Date: 1/14

Interpretation:

This Section allows fences up to three feet in height within required front setbacks. In 2007, pursuant to Article 5.1 of the Public Works Code and Department of Public Works (DPW) Order Number 176,964, DPW began to require that all garbage receptacles be screened from public view. Because garbage receptacles are taller than three feet in height, any fence or other enclosure in a required front setback that meets DPW's screening requirements would require a variance from the Planning Code. Because compliance with recent DPW screening requirements would be significantly encumbered by much older Planning Code provisions, and because of the relatively small size and visual impact of such screening, a fence or other enclosure designed exclusively to provide screening of garbage receptacles will be considered a permitted obstruction in a required front setback so long as it (1) is freestanding and not affixed to a building, (2) does not require a permit from the Department of Building Inspection and (3) meets the guidelines set forth by DPW.

Code Section: 136(c)(18), (19)

Subject: Windscreens, definition

Effective Date:

Interpretation:

This Section says that windscreens can be 10 feet in height in a required rear yard. Other structures permitted by Section 136(c)(22) and (23) (such as gazebos and sunshades) are limited in height to eight feet. A structure enclosed on all sides save for a door and which has a domed roof completely covering the structure save for an oculus in its center was a gazebo and not a windscreen. Such structure would therefore be limited to eight feet in height.

Code Section: 136(c)(19)

Subject: "Fence" containing roll-up door, rear yard Effective Date: 8/90

Interpretation:

A lot had an easement alley in the rear yard which alley served other lots in the block. The lot had parking in the existing house with access from the alley to the parking across the rear yard. A sliding gate could close this access. It was proposed to replace the sliding gate with a 10-foot-high structure at the easement line in the rear yard. The structure would consist of a portal thick enough at the top to conceal and shelter a rolled-up gate. Any structure being authorized under this

Section is limited to six inches in width at any point except structures up to 12 inches in width at some point could be allowed if designed to be compatible with the surroundings, with the purposes of the rear yard requirement and its permitted obstructions and with the Residential Design Guidelines.

Code Section: 136(c)(20)

Subject: Permitted obstructions

Effective Date: 8/86 & Revised 09/25

Interpretation:

Play structures with features (such as solid walls or roofs) which have the effect of creating a solid plane of substantial dimension which could block views or create solid shade on neighboring yards must be limited in height to eight feet.

Code Section: 136(c)(20)

Subject: Outdoor recreational features as obstruction Effective Date: 10/89

Interpretation:

This Section states that normal outdoor recreational features are a permitted obstruction in the rear yard. It provides no limit as to height or coverage but Interpretations 136(c)(20)5/5/89 and 136(c)(20) 8/86 have provided a height limit to such features. A built-in charcoal grill would be limited to eight feet above grade with a flue extension in the form of a narrow pipe being further exempt.

Code Section: 136(c)(20)

Subject: Height of a fence

Effective Date: 9/90

Interpretation:

This paragraph states that a fence can be permitted in the rear yard up to 10 feet in height. There may be circumstances, especially when the subject lot has been excavated, where liability could accrue to the City if the owner of such lot were prohibited from erecting a fence no higher than 10 feet above the new grade. Therefore, the Zoning Administrator could authorize a fence up to six feet above a retaining wall on a case-by-case basis despite the resulting height above the grade of the subject lot. In a required front setback this height should be no higher than the minimum required by the Building Code for a safety railing.

Code Section: 136(c)(21)

Subject: Arbor or trellis as permitted obstruction Effective Date: 11/95

Interpretation:

This Paragraph allows landscaping and garden furniture to occupy setbacks, yards and usable open space. It is not obvious whether the paragraph intended to include man-made features such as arbors or latticework designed and used as a support for climbing plants. However, such arbor or latticework may be a permitted obstruction under this paragraph if no more than eight feet in height above grade, if no more than four feet in width and if the aggregate coverage of these and other features described by Paragraphs 136(c)(21), (22) and (23) do not exceed 25 percent of the area of a required setback nor 25 percent of the area of a yard.

A trellis may exceed a height of eight feet and occupy a required setback or yard if attached to a building from which it projects no more than six inches.

Code Section: 136(c)

Subject: Permitted obstructions, height limit

Effective Date: 9/90 & Revised 1/26

Interpretation:

This Section allows certain features with given height limits within certain areas. For purposes of measuring height limits for features listed in this Section, the entire structure must be contained within the limit. The feature’s height is NOT measured to the midrise of a sloped roof or stepped roof or similarly sculptured roof form as indicated by Section 260(a)(2). Section 260(a) refers to the height limits indicated by the Zoning Map and states that the form of measurement it prescribes shall apply to these mapped limits. The limits imposed by Section 136 on permitted obstructions are not such MAPPED limits.

Code Section: 136(c)(24)

Subject: Decks in required rear yard

Effective Date: 12/89

Interpretation:

This Section allows decks within three feet of the grade anywhere in the required rear yard. It allows decks higher than three feet above grade only on steeply up sloping lots. There is no section which would allow decks more than three feet above grade at the rear property line under any other circumstance. Section 102.12 requires heights to be measured from current rather than a preexisting or proposed grade. However, a deck exceeding three feet in height could be built at the

rear property line of an excavated lot when the natural land form of the abutting property exceeds the height of the deck.

Code Section: 136(c)(25)

Subject: Permitted obstructions

Effective Date: 3/86 (Dolores Heights SUD)

Interpretation:

See Interpretation 241

Code Section: 136(c)(25)

Subject: Permitted obstructions

Effective Date: 4/87 & Revised 09/25

Interpretation:

This Paragraph allows a portion of a building with limited dimensions to extend into the required rear yard. The features included in Subsection 136(c) with the maximum dimensions stated represent envelopes. Any other architecture feature or portion of the building fitting into these envelopes are permitted. Therefore, a stairway would be allowed to extend above the ground floor if it fit totally within the envelope of the type of deck or extension permitted by this paragraph.

Code Section: 136(c)(25)(B)(ii)

Subject: Permitted obstructions

Effective Date: 8/89 & Revised 09/25 Interpretation:

This Section allows an extension into the rear yard. It was confirmed that when a five-foot side yard is required for this feature, such side yard needs to be open from the ground up and the other obstructions allowed by Section 136 would not be permitted within such side yard. Therefore, any pre-existing obstruction into such side yard would have to be removed before the extension could be built. An exception is that a deck no higher than three feet above grade may be built in this required side yard. Because a 3-foot-high deck could be built anywhere else in the required open area, there is no need to prohibit it here.

Code Section: 136(c)(25)(B)(ii)

Subject: Rear yard extension—Number of stories

Effective Date: 05/01

Interpretation:

This Section allows an extension into the rear yard and provides that it can be no higher than “the floor of the second floor of occupancy, excluding the ground floor, at the rear of the building . . .” This raises two questions:

1. How is the ground story is determined on a sloping lot?

2. What is considered a floor of occupancy?

3. The intent of this Section is to allow a slightly greater height than allowed under Section 136(c)(25)(B)(i) [10 feet

above grade, full width of the lot] in return for setting back 5 feet from each side property line. In certain occasions, the ground story has been determined at the front of the building. Ground Story is defined in Planning Code Section 102.24 as “The lowest story of a building, other than a basement or cellar as defined in the Building Code.” However, in the case of

a steeply downsloping lot, this could result in a rear yard extension of three or even four stories above the existing grade measured at the rear. In the case of an upsloping lot, there might not be any feasible rear yard extension under this Section. Therefore, the measurement shall be above grade at the rear of the building in order to implement the purpose of the Code. 2. There could be a situation where there is a space that has adequate depth and clearance and easily be made occupiable, but is not finished. If there is adequate ceiling clearance to provide an occupiable floor for a depth of 10 feet from the rear building wall such that a usable room can be created, that space shall be considered an occupiable floor even if it is not built out as an occupiable floor.

Code Section: 136(c)(25)(C)

Subject: Railings on Obstructions

Effective Date: 3/21 & Revised 09/25

Interpretation:

This subsection regulates the height and location of fences and windscreens on top of certain permitted obstructions. However, it does not provide standards for railings on top of such obstruction that may be required in order for that area to be used as usable open space. Therefore, any such railing may be solid, such as a firewall along a property line, but shall be no higher than 42 inches above the roof of such obstruction.

Code Section: 136(c)(26)

Subject: Rear yard—Underground garage Effective Date: 12/00; Moved & Revised 09/25

Interpretation:

Section 136(c)(26) allows underground garages in the rear yard, except for the last 15 feet. Section 188(a) allows the expansion of noncomplying structures provided that there is no increase in any discrepancy with the Code. There have been proposals to allow an excavation of a garage under a non-complying structure that extends into the rear yard. This has not been permitted since the garage roof was not treated as open space or a deck, but under a structure. It is logical to

allow excavation for a garage under a noncomplying building that extends into the rear yard because there is no increase in the discrepancy from the Code. The existing rear yard is not affected, because the excavation is under an existing noncomplying building. These excavations are allowed to be up to 3' above grade, because if the noncomplying above grade structure was demolished, the underground garage roof would be a permitted obstruction in the rear yard.

Code Section: 136(c)(26)

Subject: Underground Structures within Required Yards Effective Date: 3/21

Interpretation:

This subsection permits garages to be underground, or under decks conforming to the requirements of Sections 136(c) (24) or (c)(25) if their top surfaces are developed as usable open space, provided that no such garage shall occupy any area within the rear 15 feet of the depth of the lot. However, it is long-standing Planning Department practice to permit such obstruction into required yards for any type of underground building that meets these provisions, and not limit them to garages. Therefore, any building that meets the strict provisions of Section 136(c)(26) may be permitted within required yards, and such obstruction is not limited to only garages.

Code Section: 136(c)(27)

Subject: Garages in required front setbacks

Effective Date: 2/88

Interpretation:

See Interpretation 132(g)

Code Section: 136(c)(29)

Subject: Garages in rear yard

Effective Date:

Interpretation:

This Provision states that, where a garage exits in the rear yard on each adjacent lot, the subject lot may have a garage in the rear yard provided it does not exceed the average projection into the rear yard of the two adjacent garages. Some adjacent garages could be of substandard size. In the case where such averaging results in a garage on the subject lot that with minor adjustments could meet current standards for stall sizes, such adjustments can be made even if it would allow another accessory stall.

Code Section: 136(c)(29)

Subject: Permitted obstructions

Effective Date: 7/86

Interpretation:

The subject lot is a through lot. Through lots adjoin it. One of these adjoining lots contains a garage built to the rear property line with a dwelling unit above it. The other adjoining through lot contains an apartment building covering 100 percent of the width and depth of the lot. It was decided that the subject lot could have a garage structure built to the rear property line to cover as much area as the one adjoining garage. However, it could not be developed like the garage by having a unit on top. This Code Section permits only a garage.

Code Section: 136(c)(29)

Subject: Garages as permitted obstruction

Effective Date: 9/89 & Revised 09/25

Interpretation:

This Section states that garages are permitted obstructions into the rear yard if both adjoining lots are through lots having both front and rear lot lines on streets or alleys as long as the subject garage exceeds neither the height above grade nor the amount of encroachment into the yard area of these adjoining garages. An existing garage was proposed to be expanded. It and adjoining garages were built along a curving alley and were not built perpendicular to the alley. In this case, the encroachment of the adjoining and subject garages should be the furthest distance of the garage to the alley measured along a line perpendicular to the alley. In the illustration below, the value of “Z” is the average of the values of “X” and “Y.”

Code Section: 136(c)(29)

Subject: Garage in rear yard on through lots Effective Date: 10/89

Interpretation:

This Section states that a garage can be an obstruction permitted in the required rear yard if the lot is a through lot with both front and rear ends fronting on streets or alleys and if both abutting lots have garages built at the rear of their lots. The alley in question could be a private alley If it runs all the way through the block. Shorter alleys with a number of garages and multi-owner easements might also be allowed but not those so short that it would be easy to remove the easement.

Code Section: 136(c)(29)

Subject: Garage as permitted obstruction in rear yard on a through lot Effective Date: 10/2001

Interpretation:

This Section permits the construction of a detached garage within the required rear yard if the following conditions are met: 1) the subject property is a through lot having both its front and rear lot lines along streets, alleys, or a street and an alley; 2) both adjacent lots contain a garage structure adjacent to the required rear yard of the subject property; 3) the garage on the subject property does not exceed the average of the two adjacent garage structures in either height above grade or encroachment into the required rear yard; 4) the front setback requirement shall be applied to the street or alley frontage where the garage is located. In a situation where one adjoining property contains a garage structure and the other adjoining property contains a dwelling unit, both of which are adjacent to the rear yard of the subject property, a garage could be constructed within the rear yard of the subject property, provided that conditions one, three, and four mentioned in the preceding paragraph are met.

Code Section: 136(c)(30)

Subject: Permitted obstructions, driveways Effective Date: 1/89

Interpretation:

This Section says that driveways, no wider than necessary to provide access to parking located in the buildable area of the lot, are permitted in the required rear yard. A series of five buildings on five lots in an NC-1 District were proposed to have access from a cross street to the rear of the buildings. The question was how wide the driveway could be to provide access to all five buildings. If and when the permit application is made, the question should be reviewed by the staff pursuant to the priority policies of Planning Code Section 101.1.

See interpretation 132; 136(c)(14), (30)

Pedestrian bridge or driveway in front setback

Code Section: 136(c)(30)

Subject: Permitted obstructions, driveways in yard Effective Date: 8/89

Interpretation:

See Interpretation 209.7(b)

Code Section: 136(c)(30)

Subject: Permitted obstructions Effective Date: 7/87

Interpretation:

This Section allows in required yard areas, a driveway no wider than necessary to provide access to parking located in the buildable area of the lot. Such driveway should not count as required usable open space if driveway has frequent use, such as one serving many units.

Code Section: 136.1

Subject: Effective Date: /95

Interpretation:

See also Interpretation 136, 136.1, 136.2 Permitted obstructions over street space

Code Section: 136.1

Subject: Awning, minor projection of Effective Date: 12/95

Interpretation:

These Sections allow in certain districts, awnings that project no more than and are no wider or higher than stated amounts. Awnings that fit within the limits of an "architectural projection" pursuant to Paragraph 136(c)l could be allowed under that paragraph without meeting the limits of Sections 136.1 and 136.2 such as width (distance along building) and height.

Code Section: 136.2

Subject:

Effective Date: 12/95

Interpretation:

See also Interpretation 136.1 Awning, minor projection of

Code Section: 138(b)

Subject: Usable open space, C-3

Effective Date: 2/86

Interpretation:

Floor area included in the computation of open space requirements in the C-3 Districts shall be floor area included in all uses together with their accessory uses except those expressly excluded by this Section. Floor area used for open space itself shall not count in the amount of floor area subject to the open space requirement.

Code Section: 140(a)

Subject: Dwellings to “face directly” onto an open area

Effective Date: 3/21

Interpretation:

Planning Code Section 140 regulates exposure requirements for dwelling units and group housing. Exposure may be satisfied by having required windows (as defined by Section 504 of the San Francisco Housing Code) in a room of at least 120 square feet “face directly” onto a qualifying open area. These windows must “face directly” on the street, rear yard, or open area. A question arose as to what qualifies as facing directly onto one of these features. The Building Code contains provisions for depth of structural projections over windows in habitable rooms. The Building Code states that these shall not project greater than 9 feet from the required window and that the height of these projections shall not be less than 7 feet measured from the floor to the lowest projection above. A window (or windows) required to satisfy Section 140 may be located beneath such a projection and still be considered to “face directly” onto the street, rear yard, or open area. However, such area beneath a projection will not count towards the minimum dimensions for a qualifying open area.

Code Section: 140(a)(1)

Subject: Dwellings to face an open area Effective Date: 3/90 (Revised 3/21)

Interpretation:

This Section says that each dwelling unit or group housing use must face a public right-of-way or qualifying open area on the subject lot. It was clarified that in order to satisfy this requirement, the public alley must be at least 20 feet in width and the side yard must be at least 25 feet in width. By definition, a public street is at least 30 feet in width. The rear yard need not be 25 feet in width and depth as long as it complies with the Code.

Code Section: 140(a)(1)

Subject: Exposure — Side Yard and Outer Court

Effective Date: 3/21

Interpretation:

This Section requires each dwelling unit or group housing use to face a qualifying right-of-way or open area. In order to be considered a side yard for purposes of this Section, it must be both at least 25 feet wide AND extend the entire depth of the lot. If a side yard is less than 25 feet wide or does not extend for the entire depth of the lot, it will be treated as an outer court.

Code Section: 140(a)(1)

Subject: Exposure — Minimum Open Area

Effective Date: 3/21

Interpretation:

This Section says that each dwelling unit or group housing use must face a qualifying right-of-way or open area, including a Code-complying rear yard. Some zoning districts, including the Chinatown Mixed Use Districts, are subject to a site coverage requirement instead of a rear yard requirement. In these cases, an open area resulting from the site coverage requirement may be considered a qualifying open area similar to a Code-complying rear yard for purposes of Section 140. This finding may be made by the Zoning Administrator on a case-by-case basis if the open area meets all of the following:

1. The size of the open area is equal to, or greater than, the entire noncovered area requirement resulting from the site coverage requirement;

2. Each horizontal dimension of the open area is a minimum of 15 feet;

3. The open area is placed in a manner that provides optimal light and air to the subject and adjacent properties; and

4. The open area is wholly or partially contiguous to the existing midblock open space formed by the rear yards of adjacent properties.

Code Section: 140(a)(2)

Subject: Exposure — Noncomplying Structure Effective Date: 9/88

Interpretation:

A lot (AB 6693/10) had a building at both the front (abutting Arlington Street) and the rear of the lot. The rear of the lot abutted a City-owned lot (Assessor’s Lot No. 24) between the subject lot and San Jose Avenue. On the City-owned lot, a sidewalk ran parallel to San Jose Avenue and abutted the subject lot. Beyond the sidewalk, the City-owned parcel was undeveloped and sloped down to the street as if it were part of the street right-of-way. The question was whether the house at the rear of the subject lot directly faced San Jose Avenue and therefore conformed to Subparagraph (a)(1) of this Section. The City-owned lot could not be considered to be part of the street right-of-way and therefore, any addition to the complying house on the front of the subject lot would have to provide the open area between it and the noncomplying house at the rear per Subparagraph (a)(2) of this Section.

Code Section: 140(a)(2)

Subject: Exposure — Minimum Open Area

Effective Date:

Interpretation:

This Paragraph states that, as an alternative to facing a street or alley, a dwelling unit may face an open court which is at least 25 feet in every horizontal direction. The question arose whether the minimum dimension of such court shall be 25 feet or 25% of the lot depth, whichever is greater. The minimum requirement is 25 feet, not 25%, of the lot depth.

Code Section: 140(a) and (b)

Subject: Exposure — Face Directly

Effective Date: 3/21

Interpretation:

Planning Code Section 140 regulates exposure to light and air for dwelling units and group housing. Exposure may be satisfied by having required windows (as defined by Section 504 of the San Francisco Housing Code) in a room of at least 120 square feet “face directly” onto a qualifying street, rear yard, side yard, outer court, or open area. A question arose as to what qualifies as “facing directly” onto a qualifying open area when the required windows face onto a sunken patio, most typically facing a rear yard on an upsloping lot. In these cases, the qualifying window must meet all of the following requirements to be considered to face directly onto the qualifying open area:

1. The lowest sill of the window must maintain an unobstructed access plane of 45 degrees to the edge of the qualifying open area;

2. The highest level or sill of the window must maintain an unobstructed access plane of 45 degrees to the edge of the qualifying open area; and

3. The window must maintain an unobstructed access plane of 45 degrees in each lateral direction from each edge of the window to the edge of the qualifying open area. However, one such lateral plane is permitted to not reach the qualifying open area if it first terminates at a property line.

Any such qualifying window that provides this unobstructed 45-degree access will be considered to “face directly” onto the qualifying open area.

Code Section: 140(a) and (b)

Subject: Exposure — Required Windows

Effective Date: 3/21

Interpretation:

Planning Code Section 140 regulates exposure requirements for dwelling units and group housing. Exposure may be satisfied by having required windows (as defined by Section 504 of the San Francisco Housing Code) in a room of at least 120 square feet “face directly” onto a qualifying open area. In calculating the qualifying area of the required windows for purpose of this section, only that portion within 7 feet 6 inches of the finished floor shall be counted. If a window extends higher than 7 feet 6 inches above the finished floor level, window area above such height shall not count towards the required window area.

Code Section: 141

Subject: Screening of rooftop equipment, antennae

Effective Date: 7/92

Interpretation:

This Section states that, in certain districts, rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a building shall be screened from view. Antennae are not normally used in the operation or maintenance of the building itself and they normally have a minimal profile. Any screening built to obscure sight of them may be more obtrusive than the antennae themselves. Therefore, this screening provision does not normally apply to antennae.

(Screening may apply to satellite antennae under Proposition M or Residential Design Guidelines.)

Code Section: 142

Subject: Screening of parking

Effective Date: 12/00

Interpretation:

Planning Code Section 142 requires screening of parking within a building (Sec. 142(a)) and in rear yards and in other interior areas (Sec. 142(b)). A question was raised whether screening for parking was required in the front of a building that was setback from the street beyond the required front setback, and, therefore, the parking was in the buildable area but not within the building. While Section 142 does not strictly require the screening in this circumstance, past practice has been to do so.

Page 41 of the Residential Design Guidelines provides justification for this practice: Other Parking Openings

On wider lots all of the street level facade may not be needed for garage or building entries. Preferably occupied rooms

with windows should occupy the frontage with any parking pulled back from the property line. When parking is at the front of the building care should be taken to screen the parking from view and to make the wall visually interesting. Openings to the parking area, other than garage door, should be limited to those required by the Building Code for ventilation, should be well below eye level, and should be decoratively screened in a way that will block the view of the parking area from the street. (emphasis added)

Therefore, parking in front of the building must be screened even if it is not within a building.

Code Section: 144

Subject: Treatment of ground story on street frontages

Effective Date: 3/98 (Clerically revised 1/14)

Interpretation:

This Interpretation replaces a previous interpretation (12/85).

This Section limits parking entrances for dwellings in certain districts at the building's front facade. Subject to the Residential Design Guidelines that require facades appropriate to the neighborhood's character, the treatment of ground story frontages shall apply to all public streets and alleys, but not private easements. Therefore, "through lots" must comply with this Section of the Code on both street and/or alley frontages.

Code Section: 145.1

Subject: NC street frontages

Effective Date: /95

Interpretation:

This Section requires certain treatment of facades of buildings on block frontages that are entirely within an NC District. It was noted that the provisions of this Section apply to any building facing such street even though the building may also have frontage on another street that is not entirely within an NC District, however the provisions apply only to that facade of the building fronting the street which is entirely within an NC District.

Code Section: 145.2

Subject:

Effective Date:

Interpretation:

See also "Telephones, privately owned for public use, regulations for 1994" in the Interpretations - Alphabetical

Code Section: 145.2

Subject:

Effective Date: 5/90

Interpretation:

See Interpretation 703.2(b)(1)

Code Section: 149

Subject: Art requirement, gross floor area Effective Date: 4/86 Interpretation:

This Section states that new buildings or additions to building of over 25,000 square feet in the C-3 Districts shall supply art work with a purchase price equal to one percent of the construction cost. This 25,000 square-foot figure shall be interpreted as gross floor area, as most references in the Code to floor area are based upon gross floor area except for the determination of required parking.

Code Section: 150

Subject: Parking location when lot split by zoning boundary Effective Date: 4/63

Interpretation:

Where a single development is split by a zoning boundary, that part which is in the more restrictive district can harbor the same number of parking stalls as the number of dwelling units it contains. It can also harbor a certain share of the parking assigned to the dwelling units in the less restrictive portion of the lot; however, it cannot harbor so large a percentage of the parking stalls that it forces the building to have a greater mass than it would have if that part of the property were developed separately. Further, if there is another access characterized by higher density or less restrictive zoning, that access should be used for the high volume parking lot.

Code Section: 150(c)

Subject: Off-street parking, thresholds Effective Date: 8/89

Interpretation:

This Section presents the off-street parking rules for additions to buildings. A long-standing interpretation has been that once a building which lawfully exists without parking due to its nonresidential uses totaling under the threshold amount, is expanded to be over that threshold, the original space is also subject to off-street parking according to the respective formulae for each use. However, such interpretation cannot be made to apply to cases where the expansion involves uses which are not measured, for parking purposes, by the same method (i.e., floor area) as the preexisting uses in the building. For example, adding 2,500 square feet of hotel use to a building already containing 2,000 square feet of restaurant and 2,000 square feet of office would not make the restaurant and office uses subject to parking since hotel parking requirements are based upon number of hotel rooms rather than square footage. Adding 2,500 square feet of retail use to such building would bring the restaurant and office uses over the threshold and make them subject to parking requirements because parking for retail use is based upon the same unit of measurement.

Code Section: 150(c)(1)

Subject: Parking credit

Effective Date: 4/87

Interpretation:

This Paragraph allows a legal parking deficiency for a building to be carried forward to a new use of the building. No parking credit can be given for conversions from nonresidential to residential live/work space.

Code Section: 150(c)(1), (2)

Subject: Parking calculation, rounding up or down

Effective Date: 8/87

Interpretation:

These Paragraphs state that when a building or use is expanded, parking need be provided only for the major addition which is defined, in the case of dwellings, as an addition which increases the requirement by one stall or more. Section 153(a)(5) requires that, when computing the parking requirement by dividing a quantity by the given formula for that use, a major fraction must be rounded up to provide the additional parking stall. For example, a church requires one parking stall for each 20 seats after the first 200 seats. The first parking stall would be required for 210 seats since 10 is the major fraction of 20.

Code Section: 150(c)(1)

Subject: Abandonment of parking grandfathering

Effective Date: 7/92

Interpretation:

This Section states that any legal parking deficiency may be carried forward to the next use. When a use that is noncomplying as to parking changes to a use that doesn't require parking, it loses its noncomplying status and therefore has no legal parking deficit to carry forward if it subsequently added or changed to a use that required parking.

Code Section: 150(c)(2)

Subject: Parking for major addition

Effective Date: 1/87

Interpretation:

This Paragraph states that when a building or use is expanded, parking need be provided only for a major addition expressed in terms of added floor area. A retail home improvement center legally had a significant outdoor area where lumber was displayed to the public next to its larger retail building. The center wanted to enclose the outdoor sales area and wanted to know if this would add to the parking requirement. It was noted that the outdoor area was not just storage but outdoor sales space since customers had access to it and selected their own lumber items there. Consequently, such

existing outdoor space was already part of their floor area so enclosing the same space would not add to the "floor area" of the use and therefore would not require additional parking nor require an environmental evaluation.

Code Section: 150(d)

Subject: Required retention of parking access

Effective Date: 8/87

Interpretation:

Once parking is voluntarily provided that meets a requirement for off-street parking, it must be retained even if such access is across someone else's property if the access in question is the only access.

Code Section: 151

Subject:

Effective Date: 11/96

Interpretation:

See Interpretation 242(e)(4) Bernal Heights SUD parking requirement

Code Section: 151

Subject: Parking for accessory use dwelling

Effective Date: 12/86

Interpretation:

A Buddhist Temple is located in a residential district where it would require a conditional use authorization. A residence for its caretaker/s was proposed to be on the same lot. Parking was required for the residence because all dwellings whether or not accessory, are subject to Section 151, Table 4.

Code Section: 151

Subject: Parking requirement for combined retail and wholesale

Effective Date: 1/86

Interpretation:

A business was both retail and wholesale and the two activities were not physically separated. The inventory storage space was too large to be considered to be accessory to the retail use and the wholesale component was a major part of the business. Therefore, the space used to store the inventory was considered to be wholesale space for purposes of parking computation.

SEE THE INTERPRETATIONS -- ALPHABETICAL FOR THE PARKING REQUIREMENT OF VARIOUS USES LISTED ALPHABETICALLY BY SUBJECT

Code Section: 151

Subject: Exemptions, mentally handicapped

Effective Date: 9/02

Interpretation:

See Interpretation 207.4(b)

Code Section: Table 151

Subject: Parking requirement: Educational facilities added to church

Effective Date: 5/66

Interpretation:

Normally, floor area occupied by an accessory use (except required parking) is counted in the occupied floor area that determines the parking requirement. However, no additional parking would be required for adding floor area to accessory facilities in the case where classrooms conforming to the accessory use provisions where added to a church. This is because a church's parking requirement is set by the seating capacity of its main auditorium rather than by the occupied floor area. If the classroom space failed to conform to the accessory use provisions, it would be computed for parking as provided in this table for classroom space.

Code Section: 151

Subject: Parking for buildings with elderly/handicapped Effective Date: 12/90

Interpretation:

For dwellings specifically designed for and occupied by elderly or handicapped persons, this table requires just one-fifth the number of parking stalls that would be required for the building in that zoning district if the building contained regular dwellings. A building qualifies for this reduced parking requirement only if the ENTIRE building is so occupied.

Code Section: 151

Subject: Hotel parking, suites Effective Date: 4/87

Interpretation:

Each room of a hotel suite counts as a separate room for parking purposes unless the applicant could clearly show an operational procedure or room layout which would restrict sleeping in other rooms of the suite.

Code Section: 151

Subject: Required parking for vocational school Effective Date: 8/92

Interpretation:

This table requires one parking space for every two classrooms in a secondary school. A vocational school that primarily provides instruction in automobile and other types of repair is not specified in this table. In this case, it also was difficult to determine what constituted a classroom and it was questionable if parking should be based upon classrooms. Section 153(b) states that when a particular use is not specified in this table, the Zoning Administrator should determine the proper parking formula based upon a similar use. It was decided that the appropriate parking formula for this situation should be that provided for service, repair or wholesale sales space, which formula is one space per 1,000 square feet of occupied floor area. This conclusion may not apply to every vocational school. An examination of the curriculum and floor plans is necessary to determine the appropriate parking requirement for a particular vocational school.

Code Section: 151

Subject: Use of surplus condominium parking Effective Date: 9/94

Interpretation:

Parking stalls owned by an individual condominium unit cannot be credited toward the parking requirement of another use even if the owned stall is surplus unless a lease arrangement is made for the life of the leasing use per Section 159 or unless it can be counted as collective parking per Section 160. However, when parking in a condominium is commonly held, the parking requirement must be based upon the parking requirement for all the individual tenants in the entire condominium development when an expansion or change of use is proposed for one of the uses.

Code Section: 151

Subject: Condominium conversion parking requirements for legal, non-conforming parking situations Effective Date: 02/2002

Interpretation:

A question was raised regarding parking requirements as applied to condominium conversions. Section 151 of the Planning Code defines parking requirements for dwellings. Many proposals requesting condominium conversions for buildings that pre-date the Planning Code parking requirement contain no parking or non-complying parking areas. Parking spaces may be sub-standard in size, not meet independent accessibility requirements and structures may not contain the required number of parking spaces. The Zoning Administrator notes that assigning a parking space to a particular unit, while potentially creating a permanently non-conforming parking situation for a portion of the structure, would bring some dwelling unit(s) into conformity and therefore meets the intent of Section 151 of the Planning Code. In practice, the market will allocate the parking spaces to individual units. Therefore, the Department will approve parking as "Common Area for the Exclusive Use of Unit X."

Code Section: 153(a)(1)

Subject: Parking calculation, mixed use developments

Effective Date: 1/86

Interpretation:

In mixed use developments, if total nonresidential usable floor area (for uses which have the same unit of measurement for parking) exceeds the parking threshold for the use on the lot with the lowest threshold, all nonresidential uses are considered to be over their respective thresholds and the parking requirement is calculated for each use per Section 153(a) (1).

Code Section: 153(a)(2)

Subject: Aggregated parking requirement

Effective Date:

Interpretation:

Table 151, the "Parking Table" presents the formula for determining the required number of parking stalls for a type of use but indicates that if a use contains less than a stated quantity of occupied floor area, no parking need be provided. Paragraph 153(a)(2) states that if the table's initial amount is exceeded for a structure, lot or development, the uses in or on the entire structure, lot or development are all considered to have exceeded the initial amount and all the uses are subject to the parking requirement based upon each use's entire occupied floor area with no exempted initial amount. For buildings built after the effective date of the parking requirement, this initial amount is not permanently exempted; it is a threshold beyond which there is a parking requirement based upon the entire floor area. The following determinations are based upon this principle.

9/72: When a series of developments are contiguous and under single control but on separate Assessor's lots, they will be treated as though they are a single development and their occupied floor areas shall be aggregated to determine whether the combined development is over the threshold. The Planning Code's definition of "Lot" states that a zoning lot may consist of a combination of contiguous Assessor's lots where necessary to meet the requirements of the Code. The Zoning Administrator may determine that a series of contiguous Assessor's lots are under single control even where the official records list separate owners for the lots. For example, when a series of separate permit applications for separate stores, each under the parking threshold were proposed for individual contiguous Assessor's lots by the lot's separate owners acting together at the same time, the development was determined to be a single zoning lot subject to the parking requirement based upon the aggregate occupied floor area.

rate owners for the lots. For example, when a series of separate permit applications for separate stores, each under the parking threshold were proposed for individual contiguous Assessor's lots by the lot's separate owners acting together at the same time, the development was determined to be a single zoning lot subject to the parking requirement based upon the aggregate occupied floor area.

NOTE: This paragraph is a clarification of what the Code states: Code Paragraph 153(a)(2) goes on to say that, when combining the requirements for different uses within a single development, the only threshold to consider is that of the use in the development with the lowest threshold. In other words, all the uses "borrow" this lowest threshold for determining whether the aggregate occupied floor area is subject to the parking requirement. If so, the number of parking stalls is calculated by using the respective formula for each use and applying it to that use. The results of these calculations are added unrounded to the calculations for the other uses and the total rounded up to determine the total number of stalls for the development. The parking requirement for most uses is based upon floor area but for others it is number of seats, rooms, dwelling units, etc. Only those uses using the same basis for measurement can "borrow" this lowest threshold. 6/96: 150(c) states that buildings built prior to the effective date of the parking requirement need provide parking only for an addition or cumulative additions representing an increased parking requirement of the greater of five spaces or 15 percent. Therefore, for buildings built prior to the parking requirement, the threshold amount is a permanent exemption. Since there was no parking requirement when these buildings were built, the owners may reasonably have expected to be able to add to them at a future date without having to provide parking. The apparent rationale for this Code provision is that it is reasonable to require parking for a major addition to "pre-requirement" buildings but not retroactively for the entire building if the addition or change in use brings the total occupied floor area over the parking threshold. On the other hand, the owners of buildings built after the parking requirements went into effect but built under the threshold should

e for this Code provision is that it is reasonable to require parking for a major addition to "pre-requirement" buildings but not retroactively for the entire building if the addition or change in use brings the total occupied floor area over the parking threshold. On the other hand, the owners of buildings built after the parking requirements went into effect but built under the threshold should

have known about the parking requirement, the threshold and the consequences of exceeding the threshold. To allow the threshold to be permanent for the "post-requirement" buildings would reward those owners who, to minimize their parking requirement, deliberately held their building sizes and/or uses under the threshold and added to them later, while those who built their buildings to their ultimate size in the first place had to provide more parking. Therefore, any floor area built after the effective date of the parking requirement but under the parking threshold, shall be subject to the parking requirement once additions or changes in use bring that floor area over the threshold. The effective date of parking requirements are: December 26, 1955 for residential and May 2, 1960 for nonresidential. Modification to the requirements were made 8/7/68 and 10/6/78.

Code Section: 153(a)(2)

Subject: Parking calculation, mixed use developments Effective Date: 1/86

Interpretation:

This Paragraph says that in mixed use developments, the total parking shall be the sum of all the parking required for each use computed separately. This provision was clarified and elaborated upon by concluding that, in mixed use developments, if total nonresidential usable floor area (for uses which have the same unit of measurement for parking) exceeds the parking threshold for the use on the lot with the lowest threshold, all nonresidential uses are considered to be over their respective thresholds and the parking requirement is calculated for each use per Section 153(a)(1). Note. The various parking requirements are added first, then rounded.

Code Section: 153(a)(2)

Subject: Parking requirement after merger of lots

Effective Date: 5/96

Interpretation:

This Section states that when the initial quantity of floor area that is exempted from parking is exceeded, the entire structure, use or development shall be subject to the parking requirement. There are cases where it is not clear what constitutes an increase in floor area that would exceed the initial exemption. For example, two lots each containing previously existing buildings individually under the parking threshold were proposed to be merged and subsequently combined for use as a single store, the combined area of which would exceed the exempt amount. In this case, the situation is treated as if the buildings had always been on the same lot for parking purposes, so no parking is required for such merger and combining of use if all the buildings involved predated the parking requirement. If the lot line had always been there, the situation would be legally noncomplying and the only parking trigger would be major addition to a building. It is also consistent with Interpretation 134(c)(4)(C) 5/85 which discounted the "paper" presence (or absence) of lot lines on adjacent lots for purposes of allowing buildings at either end of a subject lot.

Code Section: 153(a)(5)

Subject:

Effective Date: 4/97

Interpretation:

See Interpretation 151 1:4 Parking, rounding

Code Section: 153(a)(6)

Subject: Freight loading requirement reduction

Effective Date: 5/93

Interpretation:

This Paragraph says that two service vehicle spaces may be substituted for each required off-street freight loading space as long as a minimum of 50 percent of the required freight loading spaces are provided. In the case where one freight loading space was required, two service vehicle spaces could not be substituted for it because to do so would reduce the freight loading spaces to less than 50 percent of the requirement.

Code Section: 155(r)(4)

Subject: Curb Cut Restrictions

Effective Date: 3/21

Interpretation:

Section 155(r) regulates new vehicular access on protected pedestrian, bicycling, and transit-oriented streets. Ordinance No. 277-18 amended this section to expand the requirements for discretionary approvals for new vehicular access on such streets. The controls of Section 155(r)(3)(A) specifically exempt RH, M, NC-S, P, PDR, and SALI districts. The controls of Section 155(r)(4) do not specifically exempt RH, M, NC-S, P, PDR, and SALI districts. However, the text and graphics within the Planning Department’s case report communicate clearly that the intent of the ordinance was to exempt RH, M, P, PDR, and SALI districts from both Subsections (3)(A) and (4). The exemption for the NC-S District was added as an amendment by the Board of Supervisors. The intent to exempt RH, M, P, PDR, and SALI districts from both subsections is further documented in the Planning Department’s Planning Code Summary document for Ordinance No. 277-18, and these exemptions have been implemented as such since the ordinance took effect on December 20, 2018. Therefore, the RH, M, NC-S, P, PDR, and SALI districts are also exempt from the controls of Section 155(r)(4).

he intent to exempt RH, M, P, PDR, and SALI districts from both subsections is further documented in the Planning Department’s Planning Code Summary document for Ordinance No. 277-18, and these exemptions have been implemented as such since the ordinance took effect on December 20, 2018. Therefore, the RH, M, NC-S, P, PDR, and SALI districts are also exempt from the controls of Section 155(r)(4).

Code Section: 156(h)

Subject: Temporary parking lots in C-3 Districts

Effective Date: 4/91

Interpretation:

This Section prohibits permanent parking lots in the C-3-O, C-3-R, and C-3-G Districts but authorizes the approval of temporary parking lots as a conditional use for a period not to exceed two years from the date of approval [emphasis added]. The portion of this Section underlined above does not prohibit the Commission from considering a

conditional use authorization for a new two-year authorization for the lot, in effect, extending the life of the

parking lot. The Commission may review the merits of the new conditional use. However, the intent of the Code is to limit the time parking lots may remain in operation and discourage parking from becoming a permanent use, thus delaying conversion to more productive land uses. Further, the time period for the first authorization begins from the issuance of the first certificate of occupancy.

Code Section: 159(a)

Subject: Required parking not on same lot Effective Date: 9/90

Interpretation:

This Section allows, under certain circumstances, for required off-street parking to be provided on a different lot than the use it serves. This paragraph, however, states that required parking for one- or two-unit dwellings shall be located only on the lot it serves or in a community garage. Since the Zoning Administrator has allowed required parking for one- and twofamily dwellings to be located on abutting lots under some circumstances, the question arose as to whether their required parking could be provided by leasing surplus parking directly across the street. It was explained that those circumstances

where required parking was provided on an adjoining lot was to allow splitting a lot which contained a one- or two-family dwelling with no parking in the structure itself but rather in a separate garage on the portion to be split off. In those cases, in order to preserve the parking for the existing house and in order to preserve the existing house itself where adding parking inside the structure itself was infeasible, the lot split was approved with an easement granting use of the parking stall on the newly-created lot to the existing house. This Section still would not allow required parking for a one- or two-family dwelling across the street.

Code Section: 159(b)

Subject: Required off-street parking not on same site Effective Date: 6/90

Interpretation:

This Section states that required off-street parking for all dwelling units other than one- and two-family houses may be located off site but within 600 feet walking distance. Paragraph (c) of this Section allows required parking for all uses other than dwellings to be located within 800 feet walking distance. A dwelling, by Code definition, must contain dwelling units; the Code definition of "dwelling unit" is a room or group of rooms occupied by a family and group housing does not fall within the Code definition of "family." Therefore, for purposes of this Section, group housing is not a dwelling and therefore its required parking may be located within 800 feet walking distance subject to the conditions of this Section.

Code Section: 159(c)

Subject: Parking not on the subject lot

Effective Date: 1/86

Interpretation:

Parking provided pursuant to Section 159 (parking provided off site) does not require a conditional use pursuant to Section 209.7 (community garage in R Districts) IF the parking provided per Section 159 is REQUIRED parking. Any parking provided per Section 159 is, by definition, required parking.

Code Section: 159(e)

Subject: Parking not on the subject lot

Effective Date: 2/86

Interpretation:

Duration of lease: This Section requires the property containing the off-street parking which is accessory to a use located on another lot to be tied to the property containing the principal use by means of a lease which runs for the lifetime of the principal use. In practice, leases must contain a specific termination date. Therefore the question was, how long in specific years must the lease be in effect? The City Attorney has indicated that the time period must be at least 90 years. The lease may be terminated earlier with approval of the Zoning Administrator if the arrangement is no longer required to conform to the parking requirements.

Code Section: 161(a)

Subject: Criteria for topographic inaccessibility

Effective Date: 5/96

Interpretation:

This Section states that no off-street parking need be provided for a one- or two-family dwelling where the lot on which such dwelling is located is entirely inaccessible by automobile because of topographic conditions. This exemption is NOT applicable for a normal case of a sloping lot with a developed street in front. It is necessary to determine what constitutes inaccessibility on a case-by-case basis but the following determinations may serve as guidelines. This is an automatic exemption that affects only one- or two-family houses. The variance procedure is available to consider the merits of all other situations.

The exemption APPLIED to the following cases: (see pages 810 and 811 of former edition.)

Code Section: 161(d)

Subject: Parking in Washington-Broadway SUD, gross floor area Effective Date:

Interpretation:

This Section states that, except for residential use, parking is not required in the Washington-Broadway Special Use District (SUD). When parking is voluntarily provided in this SUD and falls within the limits of Section 204.5 forparking as an accessory use, it does not count as part of gross floor area under the definition of "Floor area, gross" in the Section 102 series.

Code Section: 170, 171

Subject: Applicability of Code

Effective Date:

Interpretation:

See "Redevelopment Plan" in the Interpretations - Alphabetical

Code Section: 170

Subject: Applicability of Code versus Redevelopment Plan

Effective Date: 3/88

Interpretation:

This Section states that if this Code is more restrictive than some other law, this Code governs. An exception to this rule is the agreement made between the Planning Commission and the Redevelopment Agency to the effect that the Planning Code does not control property in Redevelopment Areas approved by the Planning Commission in regards to those issues covered by the Redevelopment Plan. Issues not addressed by the Redevelopment Plan remain under the jurisdiction of the Planning Code. However, jurisdiction reverts back to the Planning Code when the Redevelopment Agency "closes out" a Redevelopment Area after a Redevelopment Area Plan is completed.

Code Section: 171

Subject: Jurisdiction of boundary properties

Effective Date: 12/85

Interpretation:

When a lot on the City limit boundary has its street frontage in another jurisdiction, San Francisco does NOT maintain building permit jurisdiction and therefore the Planning Code does not apply to any portion of that lot.

Code Section: 171

Subject: Compliance of uses Effective Date: 5/91

Interpretation:

See Interpretation 181(a)

Code Section: 172(b)

Subject: Rear yard location, noncomplying building Effective Date: 3/89

Interpretation:

This Section states that a building cannot be altered to make it less conforming to the open space requirements. Where a building occupies a lot from front to rear so that the only open space is on the side, one can still build on the buildable depth of this vacant portion of the lot provided the usable open space and other provisions are not violated. This Section does not prohibit building in the buildable area of the lot. Therefore, in the case of a shallow lot (37.5 feet) with a broad frontage (50 feet) where the only yard was a sizable area to the side of the building, such yard could be built upon under this interpretation.

Code Section: 172(c)

Subject: Compliance of off-street parking Effective Date:

Interpretation:

See Interpretation 150(d)

Code Section: 173

Subject: Compliance of lots Effective Date: 11/85

Interpretation:

See Interpretation 130(c)

Code Section: 173(b)

Subject: Compliance of lots Effective Date: 5/91

Interpretation:

See Interpretation 181(a)

Code Section: 173

Subject: Compliance of lots Effective Date: 3/87

Interpretation:

This Section requires compliance of lots. A substandard lot which is not a lot of record remains a legal lot if a

governmental agency makes it substandard by buying only a portion of it without compensating the owner for making the whole lot unbuildable.

Code Section: 173

Subject: Compliance of lots

Effective Date: 3/88

Interpretation:

This Section requires compliance of lots. Four adjacent lots under single owner ship contained buildings which were nonconforming or noncomplying. Addition ally, two of the lots were noncomplying having been illegally split. However, since they are under single ownership, the lots could be legalized by merging all four into a single lot or by merging them into the original 25 feet by 120 feet configuration and granting easements to buildings which encroach onto the other lot, or by lot line adjustments. The conformity of the buildings are a separate matter and any illegality of their situation would not hamper the ability of the lots to be merged.

Code Section: 173(b)

Subject: Lot split, density exceeded

Effective Date: 1/88

Interpretation:

This Section requires compliance of lots. A through lot with two residential buildings at either end was over the density limits. The owner wanted to split the lot into two lots. This raised the issue about whether splitting the lot in this way would exacerbate the noncomplying situation as to density and therefore would be tantamount to a rezoning. Such lot split would not be tantamount to a rezoning if the area of each lot is proportional to their relative number of units.

Code Section: 174

Subject: Developing ground floor accessory rooms in residential buildings

Effective Date:

Interpretation:

See Appendix

Code Section: 174

Subject: Modifications of conditions

Effective Date: 8/96

Interpretation:

See Interpretation 303(e)

Code Section: 175.6

Subject: Sunset of 'Pipeline' Provisions

Effective Date: 5/09 (Revised 1/14)

Interpretation:

The intent of this Section is to 'provide an orderly transition from prior zoning' [emphasis added] to the new Eastern Neighborhoods controls. While Section 175.9 requires that pipeline projects obtain a site or building permit within 36 months of receiving a final entitlement, there is no initial time limit for such projects to receive required entitlements from the Planning Commission. Nonetheless, it is implicit that the zoning 'transition' in question is not intended to continue in perpetuity. Accordingly, projects which seek authorization under this Section must receive required entitlements from the Planning Commission or Department prior to January 19, 2011, which is two years from the effective date of the Eastern

eceive required entitlements from the Planning Commission. Nonetheless, it is implicit that the zoning 'transition' in question is not intended to continue in perpetuity. Accordingly, projects which seek authorization under this Section must receive required entitlements from the Planning Commission or Department prior to January 19, 2011, which is two years from the effective date of the Eastern

Neighborhoods Plan. This date may be extended by the Zoning Administrator due to circumstances beyond the applicant's controls, as set forth in Section 175.9(e)(2), such as appeals or court challenges. It should be noted that, together with the three-year authorization period set forth in Section 175.9, pipeline projects will be afforded a five-year window to receive required building permits.

Code Section: 176

Subject: Determining illegality Effective Date: 6/92

Interpretation:

The Department normally will use building permit history to determine the legality of a use. Because all building permit records were destroyed in the 1906 earthquake and fire, we will assume that any unit shown to have been created before the 1906 earthquake and fire is legal barring evidence to the contrary.

Code Section: 178

Subject: Intensification of conditional uses

Effective Date: 3/86

Interpretation:

This Section governs conditional uses (uses that require special authorization from the Planning Commission) and defines an "automatic conditional use" as a use that was established before the need for a conditional use (CU) that would now be required for such use. It also states that an existing conditional use may not be intensified without another CU authorization. The following decisions have addressed the issue of intensification and under what circumstances another CU would be required. The sublease of space within an automatic CU auto repair garage to another party who does other types of auto work requires a new CU. The existing traffic problems associated with the existing CU was apparently a factor in this decision.

Code Section: 178(a)

Subject: Conditional use, definition

Effective Date: 7/91

Interpretation:

This paragraph says that a conditional use is a use specifically authorized under the conditional use procedures or a use which was legally existing at a time when a change in the Planning Code made such type of use a conditional use. Any use that was approved by the Planning Commission subject to specific conditions would be a conditional use whether the use was authorized pursuant to the conditional use procedures or some alternative procedure such as the Commission review required for landmark or downtown buildings, coastal zone or for those in a preservation district. Therefore, a use which was approved by the Planning Commission subject to certain conditions could be altered contrary to such condition only upon approval of another conditional use authorization.

Code Section: 178(c)

Subject: Alteration of a conditional use

Effective Date: 3/89

Interpretation:

This Section states that a conditional use (CU) cannot be intensified or expanded without another CU authorization. Dwellings are a conditional use in a C-M District. The proposal was to convert the dwelling floors to commercial and

replace them on new floors added to the top of the building. This would be a significant modification to an automatic conditional use therefore requiring another conditional use authorization.

Code Section: 178(c)

Subject: Alteration of CU, in a mixed use building

Effective Date: 3/89

Interpretation:

This Section states that a CU cannot be intensified or expanded without another CU authorization. Such rule only applies to the floor area and the uses that are subject to CU. Any permitted uses in the building are unaffected by the CU use limits and conditions which do not apply to the addition of permitted uses to other floor areas within the building or changing the CU floor area to a permitted use.

Code Section: 178(c)

Subject: Intensification of a conditional use

Effective Date: 1/91

Interpretation:

This Section states that an existing conditional use cannot be significantly altered, enlarged, or intensified except upon approval of another conditional use. Generally, adding cooking equipment without adding floor area to a small selfservice restaurant which currently provides retail and wholesale cold sandwiches would not be considered an intensification. However, individual situations will be evaluated by the Zoning Administrator on a case-by-case basis.

Code Section: 178(c)

Subject: Conditional use, intensification

Effective Date: 11/91

Interpretation:

This Section says that the intensification of a conditional use requires a conditional use authorization. In the case where a kitchen in an existing school was proposed to be expanded to provide freshly cooked meals to a larger percentage of the existing student population, no intensification or expansion was contemplated since it would not accommodate additional students and would not expand the building.

Code Section: 178(c)

Subject: Intensification of conditional use

Effective Date: 12/91

Interpretation:

This Section says that the intensification of a conditional use requires a conditional use authorization. In the case where there is no proposed addition to the building but a kitchen is proposed to be added to an existing church in conjunction with a social room, the Department has not considered it to be an intensification whether or not it is an addition to an existing social room or if other uses (classrooms, storage, etc.) would be replaced to provide the social room and kitchen.

Code Section: 178(c),(e)

Subject: Changes in use and intensification of conditional uses

Effective Date: 6/93

Interpretation:

This Section says that a conditional use cannot be intensified without another conditional use authorization. For a district where automobile repair is a conditional use, converting a motorcycle repair business to automobile repair would not constitute an intensification. Motorcycle repair is not listed as one of the use categories for neighborhood commercial districts but a prior interpretation equated the two.

Code Section: 178(c)

Subject: Enlargement of a CU, installing an ATM

Effective Date: 11/93

Interpretation:

This Section states that a conditional use cannot be intensified except upon approval of a new conditional use authorization. A bank in a zoning district that requires a CU for a bank proposed to install an automatic teller machine. The addition of an ATM to a bank constituted an intensification triggering a CU requirement.

Code Section: 178(c)

Subject: Significant enlargement/intensification of a conditional use

Effective Date: 5/98

Interpretation:

See Interpretation 186.1(b)

Code Section: 178(c)

Subject: Significant enlargement/intensification of a conditional use (parking lots) Effective Date: 03/2002

Interpretation:

This Section of the Planning Code states that a conditional use may not be significantly altered, enlarged, or intensified except upon approval of a new conditional use authorization. An interpretation was written to define what would be considered a significant enlargement, which is stated as an expansion of more than 25% of the floor area or more than 500 square feet, whichever is less. Since the intensity of a parking lot/garage is based on the number of parking spaces, an increase of more than 25% of the total number of existing parking spaces would be considered an intensification or enlargement of the existing conditional use. Therefore, parking lifts could be added to a parking garage or lot that was an automatic conditional use so long as they did not add more than 25% of the existing spaces.

Code Section: 178(d)

Subject: Conditional use abandonment after fire

Effective Date: 11/96

Interpretation:

This Subsection states that once a conditional use has been abandoned for a period of three or more years, it cannot be restored except upon approval of a new conditional use approval. An authorized conditional use nightclub with restaurant was established in a district requiring a conditional use for these uses and then was destroyed by fire. The owner of the conditional use declared bankruptcy but the owner of the building rebuilt the commercial building for general commercial tenants with no provision for cooking facilities. More than three years after the fire, the owner inquired whether a new tenant could establish a nightclub on the previous authorization. Even though the building owner may have rebuilt his

was destroyed by fire. The owner of the conditional use declared bankruptcy but the owner of the building rebuilt the commercial building for general commercial tenants with no provision for cooking facilities. More than three years after the fire, the owner inquired whether a new tenant could establish a nightclub on the previous authorization. Even though the building owner may have rebuilt his

building within the time frame allowed to rebuild nonconforming and conditional uses, there was no showing of an intent to reestablish a nightclub or a restaurant within that time frame. Therefore, a nightclub or restaurant proposed for that building would be subject to a new conditional use authorization.

Code Section: 179.1(b)(2)(D)(1)

Subject: Legitimization, "Continuous Basis"

Effective Date: 5/09 (Revised 1/14)

Interpretation:

As part of the Eastern Neighborhoods Plan, a "legitimization" program was established to address existing uses which lack the required permits. Specifically, certain uses which were previously allowable but no longer are may seek the required permits under pre-Eastern Neighborhoods zoning controls. A land use may be eligible to be "legitimized" under Section 179.1 if it has been "regularly operating or functioning on a continuous basis" for no less than two years. For purposes of this subsection, this criterion shall be considered satisfied even if such continuous basis was interrupted by a period of vacancy so long as (1) the total period of vacancy was less than one year, (2) the space in question was actively being marketed for occupancy by the land use in question during such vacancy, and (3) the space in question has been occupied for at least two years by the land use in question. The "legitimization" program expires on January 18, 2012. No new applications will be accepted after that date.

Code Section: 179.1(g)

Subject: Fee Payment for Legitimization

Effective Date: 2/12

Interpretation:

Section 179.1(g) requires that "At least 20% of applicable fees are due annually following the issuance of the first site or building permit and final payment must be made within five years of receiving the first building or site permit." However, the various impact fees included in the Planning Code typically require they be paid before the issuance of a building permit, not after.

Therefore, the initial 20% of applicable fees under Section 179.1 shall be paid before the issuance of a building permit. This effectively ensures that the total fee amount will be paid within four years of receiving the first building or site permit instead of within five years.

Code Section: 180

Subject: Substandard lot of record

Effective Date: 8/85

Interpretation:

This Section governs noncomplying structures and substandard lots of record.

A lot of record, even a substandard one, is permitted to have as many dwellings as any other lot in that zoning district. In the case of two adjacent substandard lots of record, with the same owner, there is no need for the two lots to merge. However, if one lot contains parking for the other lot, that parking must be retained or replaced. Each lot may contain the same number of dwelling units that standard lots in that zoning district are allowed.

Code Section: 180

Subject: Substandard lots of record Effective Date: 12/91

Interpretation:

While the Redevelopment Plan for the Diamond Heights Redevelopment Area had jurisdiction over that area, the Planning Code had no jurisdiction. When this redevelopment area was closed out as of October 1, 1991, the Planning Code regained jurisdiction. This Section discusses the handling of substandard lots of record. Substandard lots, legally created under the Diamond Heights Redevelopment Area will be considered to be legal lots of record.

Code Section: 181

Subject: Alteration of nonconforming building Effective Date: 7/86

Interpretation:

See Interpretation 186 Limited commercial use, consolidation

Code Section: 181

Subject: Nonconforming garment shop, intensification

Effective Date: 6/68

Interpretation:

This Section says that a nonconforming use shall not be intensified. Any increase in the number of sewing machines in a nonconforming sewing factory would constitute an intensification.

Code Section: 181

Subject: Alteration of a nonconforming use Effective Date: 12/85 (Revised 3/21 & 1/26)

Interpretation:

This Section governs the enlargement, alteration, and reconstruction of nonconforming uses and says that generally, nonconforming uses may not be enlarged, intensified, or moved to another location but that alterations may be allowed for “any portion of the structure that will not thereafter be occupied by the nonconforming use.” A building was nonconforming because it legally contained four units which is one more unit than would be permitted in the current zoning district. The owner wanted to enlarge three of the units by moving one to a noncomplying building in the rear yard and expanding existing units into its space. This was allowed provided the owner thereafter designated one unit as the nonconforming unit which would not be able to be enlarged beyond the existing building’s envelope or moved for as long as there were nonconforming units on the lot. (Previous rulings stated that noncomplying structures in the rear yards can be converted to dwellings provided there is no expansion of the structure.) Further, the owner may not always have the option of which unit to designate as the nonconforming unit. In this case, after the unit proposed to be in the noncomplying building is established in the noncomplying building, it would have to be considered the nonconforming unit under principles established by other Zoning Administrator determinations.

Code Section: 181

Subject: Nonconforming dwelling unit, intensification Effective Date: 6/91

Interpretation:

This Section states that a structure containing a nonconforming use cannot be expanded or intensified. In the case where the nonconformity involves only the density of dwelling units, Subsection 181(c) states that this prohibition shall apply only to those dwelling units that represent the excess density. Raising the ceiling of a dwelling unit that was considered

to be one of the nonconforming units in a building with excess density was permitted by a minimum amount. It could not be doubled in height nor raised enough to accommodate an additional floor.

Code Section: 181

Subject: Nonconforming use abandonment

Effective Date: 5/90

Interpretation:

This Section says that a nonconforming use can be reinstated if it was the last authorized use of the site or space and was not abandoned for a period of more than three years. This deadline could be extended in cases where the owner of an NCU has shown an intent to reestablish the use within the three-year period but was prevented from doing so by forces outside the owner's control. What evidence will be accepted has not been determined.

Code Section: 181

Subject: LCU, addition of another shop

Effective Date: 3/94

Interpretation:

This Section prohibits the enlargement or intensification of a nonconforming use. In the case where a limited commercial use (See Section 186) contained another room that was surplus to the needs of the current commercial use but was apparently always commercial floor area, the surplus space could be used for a separate retail use without being considered an enlargement or intensification of a nonconforming use.

Code Section: 181(a)

Subject: Intensification of an NCU

Effective Date: 3/89

Interpretation:

Adding electricity and gas for heat to an NCU warehouse in an RH-2 District would not be considered an intensification.

Code Section: 181(a)

Subject: Intensification of a nonconforming use

Effective Date: 4/90

Interpretation:

This Paragraph states that a nonconforming use cannot be intensified and remain a nonconforming use. The

nonconforming wholesale component of a restaurant could not be used after hours by another wholesale food

processing establishment as the extended hours of the nonconforming operation together with the additional product storage and handling would constitute an intensification.

Code Section: 181(a)

Subject: Intensification of an NCU

Effective Date: 1/91

Interpretation:

This Paragraph states that a nonconforming use cannot be increased in size or intensified. A nonconforming dental office had several rooms that were used for accounting and other administrative functions of the establishment. There was a

proposal to convert these rooms into operating rooms. Conversion of administrative functions of a dental clinic to dental operating functions without enlargement would not constitute intensification.

Code Section: 181(a)

Subject: Nonconformity of lots under single ownership

Effective Date: 5/91

Interpretation:

This Section states that uses which do not conform to the Code cannot be increased in size or intensity or changed in such a way as to increase an existing noncompliance. Section 102 ("Lot") states that a lot, for purposes of the Planning Code, may consist of more than one Assessor's lot if necessary to fulfill the requirements of the Code and that the Zoning Administrator may cause Assessor's lots to be merged for such purpose. This raises questions about when adjacent lots under same ownership must be considered to be a single zoning lot. Single ownership of contiguous lots is irrelevant

unless these contiguous lots have been treated by the single owner or the City as a single lot for purposes of the

Planning Code, such as by using an adjacent lot for parking or RELYING on it for density calculation or to meet open space requirements. Contiguous lots could have been relied upon by a single owner to meet a Code requirement but, in the absence of evidence to that effect, the Zoning Administrator will not treat them as a single zoning lot. Therefore, if one such lot is over the current density standard it will not curtail full development of an adjacent lot under the same ownership if the noncomplying unit was built at a time or under circumstances that would have allowed it without reliance on the adjacent lot. To make the record clear, current Zoning Administrator practice is to require the merger of lots when treated as one zoning lot.

Code Section: 181(a)

Subject: Intensification of a nonconforming use Effective Date: 11/95

Interpretation:

This Subsection states that a nonconforming use (NCU) may not be intensified. However, Subparagraph 182(b)(1) states that an NCU in an R District may be changed to any use that is a permitted use in an NC-1 District or, with a conditional use authorization, to any use allowed as a conditional use on the ground floor of an NC-1 District, or to such permitted or conditional uses of a more restrictive individual area Neighborhood Commercial District or Restricted Use Subdistrict within ¼ mile. Any change in an NCU conforming to Subparagraph 182(b)(1) will meet the restrictions of Section 181(a) so that no NC-1 use by itself shall be deemed to constitute an intensification of an NCU. Other factors, such as an increase in floor area, lot area, noise or loading may cause it to be declared an intensification.

Code Section: 181(a)

Subject: Nonconforming use, expansion into another NCU

Effective Date: 7/96

Interpretation:

This Section states that, "a nonconforming use shall not be enlarged, intensified, extended, or moved to another location . . ." and, "a nonconforming use shall not be extended to occupy additional space in a structure . . ." A nonconforming use (NCU) that had been a warehouse for a wholesale delicatessen distributor was rented as exclusive storage for another nearby NCU used as a restaurant. Normally, an NCU wholesale storage use could be changed to another storage use. In this case, however, such change in use constituted an illegal enlargement of the NCU restaurant because the storage was exclusively for the single restaurant in close proximity to the storage facility within the same residential neighborhood so that the ultimate effect was to increase the size of the operation in that neighborhood.

Code Section: 181(a)

Subject: Moving an NCU within a building

Effective Date: 1/97

Interpretation:

This Subsection states that a nonconforming use (NCU) "shall not be enlarged, intensified, extended, or moved to another location ..." The prohibition against moving shall not apply to relocation within the same building, provided it occupies the same or less area and is not intensified in some other way. It is logical that relocation of an NCU to some other lot should not be allowed because it shifts the negative impacts of an NCU to a different environment which would be unfair to its unsuspecting neighbors. However, the same logic does not apply to relocation (without intensification) within the same building where its unsuspecting neighbors would only be other building tenants. Generally, other City Codes such as the Building or Housing Codes govern or protect the environment within a building while the Planning Code is intended to control the impacts of a building on surrounding properties and population. The zoning lot (as defined by "Lot" in Planning Code Section 102) is normally the basic unit to which most zoning regulations apply. Therefore, it is reasonable to assume that relocation to another lot is what was meant by this prohibition.

Code Section: 181(a)

Subject: Nonconforming use, intensification

Effective Date: 4/97

Interpretation:

This Subsection states that a nonconforming use cannot be intensified. However, floor and counter space devoted to grocery items can be converted to 100 square feet or less for an accessory deli per Section 703.2(b)(1)(C)(iii) without being considered an intensification. This is consistent with another interpretation [181(a) 11195] which stated that an NCU may change to any NC-1 use as authorized by Section 182(b)(1) without being considered an intensification because such change in use is expressly authorized and a more specific provision cannot be overturned by a less specific provision. The accessory deli authorized by Section 703.2(b)(1)(C)(iii) also is more specific than the prohibition against intensification. Whenever a deli is authorized in a nonconforming use and thereafter violates the restrictions of Section 703.2(b)(1)(C) (iii) or any other section of the Code, it is in jeopardy of termination pursuant to Section 182(h). A warning to this effect should be added to approval of such permit applications.

Code Section: 181(b)

Subject: Structural alterations

Effective Date: 5/96

Interpretation:

This Subsection governs when, and to what degree a nonconforming use may be altered. One of its paragraphs allows ordinary maintenance which relies upon the definition below. Another paragraph allows other "structural alterations" within a value limit. This makes the definition of "structural alteration" important. A structural alteration is any work involving changes in or replacement of any supporting members, including foundations, studs, joists and similar items. Nonsupporting items such as siding, roofing and mechanical equipment are not included. Some items appear to fall between the two main categories but can more readily be assigned to one than to the other: new doors and windows, for instance, are structural and partitions are structural.

Maintenance and minor repairs, even though structural, must be limited in scope and cannot amount to wholesale replacement of parts of a building. For comments on alterations required by law, see below.

The exemption of alterations required by law per Paragraph 2 is intended to cover only relatively minor modifications, such as a retroactive requirement of fire exits. Such exempt alterations are not counted at all against the assessed value

limitation of Paragraph 4.

Extensive alterations (or work which is neither maintenance nor minor repairs) cannot be allowed, even though a public agency orders such work to be done. An order for extensive work on a nonconforming building that has been allowed to deteriorate should be regarded as an order to raze the building.

Code Section: 181(b)(3)

Subject: Expansion of building containing nonconforming use Effective Date: 10/79

Interpretation:

This Paragraph states, "Alteration otherwise allowed by this Code shall be permitted for any portion of the structure that will not thereafter be occupied by the nonconforming use, provided the nonconforming use is not enlarged, intensified, extended, or moved to another location." Therefore, a building containing a nonconforming use may be expanded for

a permitted use under the Planning Code by authority of a building permit application without a conditional use authorization provided there is no other reason for a conditional use and all Code requirements are met.

Code Section: 181(c)

Subject: Expansion of Legal Nonconforming Dwelling Units

Effective Date: 3/21

Interpretation:

This Section regulates properties that are legal nonconforming with respect to density. In a case where a building has a nonconforming number of dwelling units, and the expansion of a unit(s) is proposed:

• If the proposed unit expansion is contained within the existing building envelope, then the unit is expanding in a manner consistent with Section 181(c) for units nonconforming as to density, and no Notice of Special Restrictions (NSR) is required in order to designate the conforming and nonconforming units.

• If the proposed unit expansion goes beyond the existing building envelope, an NSR must be recorded on the property to designate the conforming and nonconforming units, which is consistent with long-standing Planning Department practice.

Code Sections: 181(c)(2) and 207.3(e)(2)

Subject: Expansion of Legalized Dwelling Units Over Permitted Density Effective Date: 03/23

Interpretation:

Section 181(c)(2) states that dwelling units that are nonconforming due to density may not be enlarged, altered, or reconstructed beyond the building envelope as it existed on January 1, 2013. Section 207.3 allows the legalization of dwelling units that meet certain criteria. Section 207.3(e)(2) states that one such dwelling unit on a lot is allowed to exceed the permitted density authorized for that zoning district provided that a residential use is principally permitted in that zoning district and that expansion of the additional dwelling unit within the building envelope shall be permitted as part of the legalization process. However, “building envelope” is not defined for this purpose.

The following 1996 interpretation of Section 311 exempts certain “Fill-ins” from notice:

“Fill-ins”: The filling in of the open area under a cantilevered room or room built on columns is exempt only if the height of the open area under the room does not exceed one story or 12 feet. The exemption does not apply to space immediately under a deck nor to space under a room known to be illegal.

Therefore, dwelling units nonconforming as to density per Section 181(c) and dwelling units legalized per Section 207.3 may expand pursuant to the 1996 interpretation for “Fill-ins” and still be considered to be within the existing building

envelope.

Code Section: 181(d)

Subject: Restoration of illegal units

Effective Date: 3/90

Interpretation:

This Section, as amended by Ordinance 75-90, allows illegal units in buildings which require "substantial repair" as a result of the October 17, 1989 earthquake to be legalized under certain conditions. The ordinance indicates that buildings that qualify as needing "substantial repair" will be identified by the Director of Building Inspection. This issue as well as procedures for implementing this subsection are answered by DCP Public Information Flyer 90.1 and by BBI Administrative Bulletin AB-51.

Code Section: 181(d)

Subject: Reconstruction of an NCU

Effective Date: 5/90

Interpretation:

This Section states that a nonconforming use destroyed by an act of God may be reconstructed according to its legal configuration and uses. This right of reconstruction is unaffected by any change in private ownership even though the ownership changed between the time of the building's destruction and its proposed rebuilding. The right rides with the land – not the owner. This principle applies as well to the right of reconstruction stated in Section 188(b).

Code Section: 182

Subject: NCU, change of use, conversion of guest rooms Effective Date: 3/94

Interpretation:

This Section allows a nonconforming use to be changed to a use that is more widely permitted by the zoning districts but not to a use that is less widely permitted. Four guest rooms in an apartment building which exceeded the density limits were proposed to be converted to an additional unit. Guest rooms without individual cooking facilities and not rented as hotel rooms are considered to be group housing. One may "mix and match" group housing and regular apartments on a site. The building was zoned RM-3 which allows one dwelling unit per 400 square feet of lot area and one group housing bedroom per 140 square feet of lot area. The four guest rooms accounted for 560 square feet of lot area so replacing them with one dwelling unit accounting for 400 square feet of lot area would constitute a reduction in intensity or a change to a use that is more widely permitted. However, the conversion constituted a change in use since the use table for the RM-3 District lists group housing and apartments as separate uses, (see Interpretation 101.1 Change in use defined /95). Since it was a change of use, it made the conversion subject to the Priority General Plan Policies of Section 101.1 of which the policy to preserve the City's supply of affordable housing conflicted with the proposal. Therefore, in this instance the proposal was denied. Cases such as this need to be decided on a case-by-case basis.

Code Section: 182(b)(1)

Subject:

Effective Date: 4/97

Interpretation:

See Interpretation 181(a) Nonconforming use, intensification

Code Section: 182(b)(4)

Subject: NCU change of use, limitation

Effective Date: 5/90

Interpretation:

This Section states that a nonconforming use (NCU) may be changed to a use that is first permitted in the same zoning district that would permit the NCU's current use. A new use must bring with it to the NCU the same limitations to which it was subject in the zoning district where it would first be permitted. Therefore a wholesale bakery (first permitted in a C-3-S District) could be converted to a sewing factory with the same limitations as a sewing factory in a C- 3-S District. In other words, it could occupy no more than ¼ of the floor area on the lot and have no machine with more than five horsepower per Section 226(a) OR it could occupy no more than ½ of the ground floor area on the lot and have no machine with more than five horsepower per Section 226(b). In addition to the limits noted above, such conversion of an NCU must also conform to the limits of the Garment Shop SUD.

Code Section: 182(g)

Subject: LCU, change in use Effective Date: 9/90

Interpretation:

This Paragraph states that once a nonconforming use has been changed to a principal or conditional use permitted in the district in which the property is located, the property may not be returned to its non-conforming status. An LCU is a type of NCU per the introductory paragraph to Section 186. While Section 186 exempts LCUs from automatic amortization based on time period provided in Section 185, nothing in Section 186 exempts LCUs from the provisions applied to all NCUs by Section 182 including the termination based upon change of use. Therefore,

Paragraph 182(g) applies to LCUs and a former LCU located in an RK-2 District which currently is a child care center for 44 children, cannot be returned to commercial use since a child care center of this size is a conditional use in the RH-2 District.

Code Section: 182(g)

Subject: Office in South of Market Area, change in use Effective Date: 1993

Interpretation:

This Section states that, once a nonconforming use is changed to a conforming use, it loses its non-conforming use status and cannot return again to the nonconforming use. In most SOMA Districts, office use is not permitted but a public utility use is permitted. In the case where a utility company wanted to expand an office located in the SOMA and use it for its own office, the use was considered to be a public utility use rather than an office use, so the expansion would be allowed. In this case only the original office floor area can be an NCU office and the expanded floor area must be considered a utility which could change to any other use allowed in that district.

Code Section: 183

Subject: Loss of nonconforming status regarding parking

Effective Date: 7/92

Interpretation:

See Interpretation 150(c)(1)

Code Section: 183

Subject: Nonconforming use, three-year period of discontinuance

Effective Date: 7/67

Interpretation:

This Section says that once a nonconforming use has been abandoned or discontinued for a continuous period of three years, it shall not be reestablished. The following determinations deal with this principle.

A nonconforming use will not be considered terminated if, before the three-year period of discontinuance has passed, remodeling of the nonconforming space is initiated, and if this work is diligently prosecuted to completion. A token use, or mere expression of intent, is not enough to make a period not continuous. A conversion to any illegal use constitutes abandonment.

Code Section: 183

Subject: Abandonment of an NCU

Effective Date: 4/89

Interpretation:

This Section states that an NCU which has been abandoned for a continuous period of three or more years shall have lost its nonconforming use status. Such period needs to have occurred during the time that the use was a nonconforming use. Any period of abandonment prior to the effective date of the Code amendment which made the use nonconforming will not count in this period.

Code Section: 183 and 121.1

Subject: Nonconforming Uses: Discontinuance and abandonment as they relate to use size

Interpretation:

This Interpretation memorializes a long-standing Department practice.

Section 183 restricts the re-establishment of a use that has been changed to a conforming use, or discontinued for a continuous period of three years, or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming use and the use of the property thereafter shall be in conformity with the use limitations of the Planning Code for the district in which the property is located.

The intent of this Section relates solely to the discontinuance and abandonment of the nonconforming use or "activity" not the size. Pursuant to Section 180, a "nonconforming use" is defined as a use which existed lawfully at the effective date of this Code or of amendments thereto and which fails to conform to one or more of the use limitations under Articles 2, 6, 7, and 8 of this Code. Use size is regulated in Article 1.2, and is more analogous to a noncomplying structure, pursuant to Section 180(a)(2). Noncomplying structures are not deemed abandoned and forced to become Code-

complying if they are left vacant for more than three years, but only when they are removed. Therefore, a nonconforming use size that is discontinued and abandoned for a period three years and has not been reduced in size by a new tenant may be reoccupied by a new use at its original size, without seeking a new Conditional Use authorization.

This interpretation does not supersede any provisions for a replacement use that requires conditional use authorization for the district in which the property is located, nor does it supersede Sections 186.1(4) for the North Beach NCD and 186.1(5) for the Castro Street NCD, where the Code specifically restricts any changes of use to occupy a space that does not conform to the use size restrictions without a new conditional use regardless of discontinuance and abandonment.

Code Section: 185(a)

Subject: Termination date of NCU

Effective Date: 12/90

Interpretation:

This Paragraph prescribes a 20-year amortization period for NCUs or a longer period depending upon the age of the building. This longer period varies according to the building type under the Building Code. It was clarified that the amortization period is at least 20 years as measured from the time the use became nonconforming due to a change in zoning but could be a longer period measured from the date the building was built. For example, a Type 4 building (which has a 30-year amortization period) built in 1970 and made nonconforming in 1978 would amortize, not in 1998 but in 2000.

Code Section: 185(e)

Subject: Extension of nonconforming use termination Effective Date: 5/82

Interpretation:

This Subsection allows the termination date of a nonconforming use (NCU) to be extended through a conditional use authorization applied for before the termination date. An NCU that has received an extension under this Section for a specific number of years may apply again before the new termination date to extend the time.

If a conditional use authorization to extend a termination date was conditioned upon a specific use, the NCU may not be changed to another commercial use except by a conditional use authorization. In the absence of such condition, however, a change in use is subject to the provisions of Section 182 – not Section 178, because the use remains an NCU. Alternatively the NCU could be changed to a Limited Commercial Use by conforming to Section 186 use or converted to a permitted use.

Code Section: 185(e)

Subject: LCU, limitations Effective Date: 7/93

Interpretation:

This Section states that any nonconforming use may be changed to a conditional use (CU), ". . . upon application filed at any time during the period of permitted continuance specified above." The period specified above, in this case, does not include the exemption from termination provided for "limited commercial uses" by Section 186 which is found below Section 185. Further, Subsection 185(a) specifically states that the Section shall not apply to "exempt limited commercial and industrial uses meeting the requirements of Section 186." Section 186 defines "limited commercial uses" (LCUs) as nonconforming uses (NCUs) which are not subject to termination if they meet certain conditions. Subsection 186(c) states that, "Any use affected by this Section which does not comply with all of the conditions herein specified shall be subject to termination . . . but shall be considered as a conditional use under Section 185(e)." This wording means uses that do

ted commercial uses" (LCUs) as nonconforming uses (NCUs) which are not subject to termination if they meet certain conditions. Subsection 186(c) states that, "Any use affected by this Section which does not comply with all of the conditions herein specified shall be subject to termination . . . but shall be considered as a conditional use under Section 185(e)." This wording means uses that do

not conform to Section 186 conditions shall not be considered LCUs in the first place and therefore are subject to Section 185 rather than Section 186. It does not mean that a use that existed as an LCU (i.e., it did not terminate at the date it would normally have terminated because it conformed to the conditions of Section 186) and later ceased to conform to the Section 186 conditions, can be considered for CU status. Rather, once a use extends beyond its former termination date per Section 186, it must either continue under that Section's conditions or lose its nonconforming status. This is supported by the remaining language of Subsection 186(c) which states that a use which complies with Section 186 conditions at its termination date but later fails to so comply, shall be subject to termination when it ceases to comply. Further, LCUs may not have Section 186 conditions modified through the conditional use procedure. These conditions are what make LCUs compatible with residential districts and the Code's intent is to eliminate incompatibility.

Code Section: 186

Subject: Limited commercial use, consolidation

Effective Date: 7/86

Interpretation:

This Section regulates limited commercial uses (LCUs) which are a form of nonconforming use (NCU) subject to the general provisions that apply to other nonconforming uses. Sections 181 and 182 prohibit the alteration or change in use that would intensify an NCU. Therefore, two adjacent LCUs on separate lots could not be joined with a communicating property-line door to consolidate the two establishments into one establishment as this would constitute an intensification.

Code Section: 186(a)(2), 249.5, 781.8, 782

Subject: Alcohol RUSDs and NCU/LCUs Effective Date: 07/09

Interpretation:

Section 186(a)(2) states that a nonconforming use in an RH or RM District which is located within ¼ mile from any Individual Area Neighborhood Commercial District or restricted use subdistrict is exempt from the termination provisions of Section 185 if they meet all of the requirements and restrictions of the nearest Neighborhood Commercial District or restricted use subdistrict. Since 1985 there have been 6 alcohol restricted use areas put in place. A question has arisen about whether a nonconforming use within ¼ mile from one of these alcohol restricted use areas must adhere to the restrictions of that district. The three most recent alcohol restricted use areas have boundaries which closely track the Neighborhood Commercial Boundaries. The earlier alcohol restricted use areas have much broader boundaries, incorporating not only Neighborhood Commercial Districts, but Residential and Industrially-zoned Districts. The Zoning Administrator has determined that if the alcohol restricted use district is coterminous with the underlying Neighborhood Commercial zoning then all nonconforming uses within ¼ mile must meet the restrictions of that alcohol restricted use district. However, if the boundaries of the alcohol restricted use district are broader than underlying Neighborhood Commercial zoning and the designating Ordinance does not state any ¼ mile requirement, then nonconforming uses do not have to adhere to that alcohol restricted use district. Therefore, there is no ¼ mile buffer around the North of Market Residential Special Use District (Section 249.5), Mission Alcoholic Beverage Special Use District (Section 781.8), or with the Third Street Alcohol Restricted Use District (Section 782).

Code Section: 186.1(b)

Subject: Nonconforming use, "significant" defined Effective Date: 12/88, 5/98 (Revised 3/21)

Interpretation:

This Section states that a nonconforming use in a Neighborhood Commercial District cannot be significantly altered, enlarged, or intensified, except upon approval of a conditional use. Subsection 178(c) places the same limitation on conditional uses. The term “significantly” is not defined in the Code and is therefore subject to the Zoning Administrator’s interpretation. The list below provides examples of those proposals which are significant and therefore require a conditional use authorization and those which are not significant.

Enlargements that are significant:

• Expansion of an existing establishment into an adjacent storefront that had been occupied by a nonconforming use in a different use category.

• Expansion of more than 25% of the floor area or more than 500 square feet, whichever is less.

• Expansion of an extraordinarily large development of more than 500 square feet, regardless of the percentage of the floor area.

• Expansion of floor area in kitchens shall be considered on a case-by-case basis. Intensifications that are significant:

• Exchange of a No. 47 ABC license (on-sale full bar with food service mandatory and minors permitted) for a No. 48 ABC license (on-sale full bar with food service optional and minors not permitted). Enlargements that are NOT significant:

• Expansion up to 25% of the floor area or 500 square feet, whichever is less.

• Expansion of an extraordinarily large development up to 500 square feet, regardless of the percentage of the floor area.

• Expansion of floor area in kitchens shall be considered on a case-by-case basis. Intensifications that are NOT significant:

• An addition of kitchen equipment and/or menu items to an existing restaurant.

• Exchange of a No. 42 ABC license (on-sale beer and wine bar) for a No. 48 ABC license (on sale full bar with food service optional and minors not permitted).

Code Section: 186.1(c)

Subject: Change in use of an NCU in NCDs

Effective Date: 7/88

Interpretation:

This Subsection regulates changes in use for nonconforming uses in Neighborhood Commercial Districts (NCDs) but is unclear about which changes require a conditional use. A nonconforming use in an NCD may change to a permitted use or a conditional use without requiring a conditional use authorization. It would need a conditional use authorization only to convert to those not otherwise permitted uses which are listed in Subparagraphs (A) through (C) under Paragraph (3).

Code Section: 186.1(c)(3)(B)

Subject: Changes in Use for NCU

Effective Date: 11/06

Interpretation:

This Section says that nonconforming medical services (790.114), personal services (790.116) and professional services (790.108) may change to another of those same three uses through Conditional Use authorization. When Ordinance No. 69-87 was implemented, strict controls were established to curtail the proliferation of financial institutions/banks (790.110) in Neighborhood Commercial Districts, and the financial institution/bank use was eliminated from earlier drafts of this Section to prevent one of the three alternative uses from becoming a financial institution/bank. This created a situation where nonconforming often multi-story buildings occupied by financial institutions/banks had exceptionally few options in terms of changes of use. In order to promote the productive re-use of such structures, a change of use from a financial institution/bank to a medical service, personal service or professional service shall be permitted only upon approval of a Conditional Use application, pursuant to Article 3 of the Code. The CU requirement shall not apply to uses permitted as-of-right in any portion of a building.

Code Section: 186.1(c)(3)(B)

Subject: Changes in Use for NCU

Effective Date: 12/06

Interpretation:

This Section says that nonconforming medical services (790.114), personal services (790.116) and professional services (790.108) may change to another of those same three uses through Conditional Use authorization. When Ordinance No. 69-87 was implemented, strict controls were established to curtail the proliferation of financial institutions/banks (790.110) in Neighborhood Commercial Districts, and the financial institution/bank use was eliminated from earlier drafts of this Section to prevent one of the three alternative uses from becoming a financial institution/bank. This created a situation where nonconforming often multi-story buildings occupied by financial institutions/banks had exceptionally few options in terms of changes of use. In order to promote the productive re-use of such structures, a change of use from a financial institution/bank to a medical service, personal service or professional service shall be permitted only upon approval of a Conditional Use application, pursuant to Article 3 of the Code. The CU requirement shall not apply to uses permitted as-of-right in any portion of a building.

Code Section: 186.1(c)(5)

Subject: Relocation of NCU in NCDs

Effective Date: 4/88

Interpretation:

This Section says that in Neighborhood Commercial (NC) Districts, a nonconforming use can be "reestablished at another location" within that district through a conditional use authorization. The phrase, "at another location" is interpreted to refer also to a different floor area within the same building.

Code Section: 186.2(a)

Subject: Expansion of NCU in NC Districts through CU Effective Date: 3/89

Interpretation:

This Section allows an existing NCU to be expanded into upper stories of the same building through a CU. This can only apply to upper floors that already exist and could not be used to authorize the creation of an additional floor.

Code Section: 187.1(c)

Subject: Expansion of service station

Effective Date: 11/94

Interpretation:

This Subsection allows the enlarging of nonconforming service stations with a conditional use. However, the term, "enlarge" in this subsection does not extend to expansion of the site.

Code Section: 188

Subject: Loss of noncomplying status regarding parking

Effective Date: 7/92

Interpretation:

See Interpretation 150(c)(1)

Code Section: 188

Subject: Reconstruction of garage representing a parking deficit

Effective Date: 8/87

Interpretation:

See Interpretation 181(d) Reconstruction of nonconforming uses

Code Section: 188

Subject: Alteration of noncomplying feature, except in yards

Effective Date: 7/85 & Revised 1/26

Interpretation:

Section 188(a)(1) provides guidance for the replacement of noncomplying structures within yards. However, Section says that noncomplying structures in other locations may be enlarged, altered, relocated or intensified provided there is no increase in discrepancy but prohibits their complete replacement except in conformity with the Code. Nevertheless, because of the life safety importance of such features, noncomplying stairs which are required egress under the Building Code may be completely removed and replaced within the same footprint if there is no increase in discrepancy between the feature and the Code requirement. The replacement structure, while remaining in the same general footprint area, can increase the footprint to the degree necessary to conform to current Code requirements. A fire wall required by Code would be considered an increase in discrepancy if the original stairs had none unless the fire wall is the minimum required by Code and would abut without extending above or beyond, a blank neighboring wall or fence.

Code Section: 188

Subject: Deck on noncomplying structure

Effective Date: 12/85 & Revised 3/2001 & 1/26; Consolidated with related interpretations of Section 188 1/26 Interpretation:

A deck is permitted on the flat roof surface of a noncomplying structure provided its open railing is no higher and no more enclosed than required by the Building Code. A solid fire or other wall, even if required by the Building or other Code, is not permitted as part of a deck on a noncomplying structure and would be considered an expansion contrary to the Planning Code. An existing deck with property line open railings could not be made into a solid “one-hour” wall even though to do so would be to make it more complying with the Building Code.

Non-complying structures are, by definition, located within portions of lots that would normally not be developable and, decks are generally constructed to provide space for outdoor activities, some of which may have associated impacts. Therefore, the addition of a deck or its access on any non-complying portion of the roof of a structure requires that a 10day notice, similar to that provided for a Block Book Notation, be sent to owners/occupants of all properties that border the subject property.

Code Section: 188

Subject: Noncomplying carport

Effective Date: 12/00

Interpretation:

The following Interpretation is hereby revoked:

"Noncomplying carport, demolition 6/90. This section prohibits changing a noncomplying structure in such a way as to create a new discrepancy or exacerbate an existing one. There was a proposal to demolish a carport located in the required rear yard while continuing to park a car there. It was noted that removing the carport would eliminate one rear yard obstruction and that leaving the automobile exposed exacerbated its presence in the rear yard. Since one consideration canceled out the other, the "tie" went to the owner who was allowed to demolish the carport. In such situations, we will encourage screening by landscaping. This determination could be overturned by the application of the Residential Design

Guidelines which could result in replacing the garage or requiring the parking to be located in the buildable area of the lot."

This Interpretation should not be used as a precedent. In the cases where there is an increase in nonconformity on one issue and a decrease on another issue, these cases will be reviewed on a case by case basis by Zoning Administrator to determine if they are permissible.

Code Section: 188

Subject: Deck on non-complying structure

Effective Date: 2/08

Interpretation:

Under previous interpretations of Planning Code Section 188, a deck is permitted to be constructed upon the flat roof surface of a non-complying structure provided its open railing is no higher and no more enclosed than required by the Building Code. Previous interpretations of Section 311 exempt the addition of such decks from the notification requirements. Non-complying structures are, by definition, located within portions of lots that would normally not be developable and, decks are generally constructed to provide space for outdoor activities, some of which may have associated impacts, such as noise, on neighboring properties. Therefore, the addition of a deck or its access on any noncomplying portion of the roof of a structure requires that a "ten day" letter, similar to that provided for a Block Book Notation, be sent to owners/occupants of all properties which border the subject property, to allow them an opportunity to voice any concerns.

Code Section: 188 and 305

Subject: Variances for Noncomplying Structures

Effective Date: 1/14 & Revised 1/26

Interpretation:

If a project sponsor is seeking to expand or intensify an existing legal noncomplying structure, he or she should only file for a variance from the Planning Code provision under which the proposal is noncomplying. He or she does not need to apply for a variance from Section 188 for the noncomplying structure. For example, if a building extends into a required rear yard and the proposal would expand the structure even further into that yard, the sponsor should apply for a rear yard variance only (for expanding the noncomplying structure within the required rear yard).

der which the proposal is noncomplying. He or she does not need to apply for a variance from Section 188 for the noncomplying structure. For example, if a building extends into a required rear yard and the proposal would expand the structure even further into that yard, the sponsor should apply for a rear yard variance only (for expanding the noncomplying structure within the required rear yard).

This determination is based on the fact that Section 305 only allows variances from the "strict application of quantitative standards" of the Planning Code (excluding those sections specifically listed in Section 305, including height, uses, signs, affordable housing requirements, etc.). In both of the cases outlined above, the rear yard requirement is the underlying "quantitative standard" of the Planning Code that requires a variance under Section 305. Section 188, like other provision of Article 1.7, regulates compliance and generally does not include "quantitative standards" that require a variance under Section 305.

Code Section: 188(a)

Subject: Noncomplying structure, addition to Effective Date: 9/91

Interpretation:

This Section states that a noncomplying structure may not be altered or enlarged except in accordance with the current standards. (i.e., The portion of such structure in the buildable area could be expanded while that portion in a required open area could not be expanded.) An exception was made to allow the addition of skylights which would protrude less than one foot above a portion of a roof existing in the required rear yard. It was noted that it is not the intent of the

Planning Code to eliminate noncomplying structures or features. They are allowed to remain and retain and enhance their utility within current standards. It was also noted that the "bubble" skylight which minimally protrudes is a common weather tight design. Because of its minimal dimension, such. will be allowed.

Code Section: 188(a)

Subject: Noncomplying buildings for height, expansion Effective Date: 7/92

Interpretation:

This Section says that noncomplying structures can be expanded or intensified but not if such expansion creates a new discrepancy or exacerbates an existing discrepancy. Expansions of features over the height limit may be allowed on a case-by-case basis if the added floor area is under an existing roof or balcony overhang and backdropped by existing walls of the subject building and if a field trip verifies that the expansion could not add significant shadow to or block views from surrounding properties. This ruling should not be taken to allow expansions into the rear yards or other required open areas. The Board of Appeals has been more liberal in some cases.

Code Section: 189

Subject: Relocation of noncomplying antenna

Effective Date: /96

Interpretation:

This Section states that a noncomplying structure may be relocated provided there is no increase in discrepancy in regard to the standards of the Code. Therefore, a legal antenna that does not comply with the Code, may be moved to another location on the same roof. However, such antenna could not be relocated from a portion of a roof in the buildable area of the lot to a portion of the roof that is in a required open area.

Code Section: 201

Subject: Classes of use districts, pre- versus post-1978 Effective Date: 3/97

Interpretation:

The Police Code regulates noise based upon the zoning district by listing various zoning districts wherein different regulations apply. The zoning districts have changed since the list was added to the Police Code so some zoning districts listed no longer exist. The Zoning Administrator has created a list that corresponds the old zoning district designations in that code with the current zoning districts of the Planning Code. The City Attorney's Office has indicated that these codes can be enforced using this concordance until they are amended to incorporate the current zoning districts. A copy of the concordance is in the Appendix of this document under Section 201.

Code Section: 202(a)(1)

Subject:

Effective Date: 4/88

Interpretation:

See Interpretation 209.8(c)

Code Section: 202(c)

Subject: Nuisance provision

Effective Date:

Interpretation:

See "Coffee roasting" in the Interpretations - Alphabetical

Code Section: 204

Subject: Accessory uses Effective Date: 3/87

Interpretation:

See Interpretation 790.80 Public use in NCDs

Code Section: 204

Subject: Office as accessory to public use Effective Date: 6/8/90

Interpretation:

See Interpretation 790.80

Code Section: 204

Subject:

Effective Date: 4/96

Interpretation:

See "Installation of auto accessories" in the Interpretations - Alphabetical

Code Section: 204

Subject: Installation service as accessory use Effective Date: 10/89

Interpretation:

An installation service is accessory to retail sales if it conforms to the definition of accessory in this Section and installs only products sold on the premises. Therefore, the installation facility could have no more than ¼ of the floor area of the total business.

Code Section: 204

Subject:

Effective Date: 10/95

Interpretation:

See also Interpretation 320(f) "Office space" definition for office limit controls

Code Section: 204.1

Subject: 25 percent of floor area rule Effective Date: 10/89 Interpretation:

See Interpretation 204 for application to commercial use

Code Section: 204.1

Subject: Accessory uses, ABC licenses in R Districts

Interpretation:

This Section regulates accessory uses for dwellings in R and NC Districts. The Planning Department is called upon to review applications to the Alcoholic Beverage Commission (ABC) for liquor, wine and beer licenses to ensure that the establishments or uses for which they are issued conform to the zoning regulations. Nonconforming grocery and liquor stores, restaurants and bars are naturally entitled to the type of ABC license that permits their legal nonconforming activity. Most other establishments in residential districts that need an ABC license are allowed only under very limited circumstances. The various types of ABC licenses have their own restrictions which are enforced by the ABC and some of these restrictions would automatically ensure compliance with zoning provisions. Other ABC license restrictions would not make the establishment conform to zoning, in which cases, the Planning Department would need to ensure that the establishment conforms to applicable zoning controls. The following situations are some in which the Planning Department has recommended approval of ABC licenses.

1/88: The Planning Department can approve the issuance of ABC license number 51 ( a club license ) in an R District to a lawfully existing club or time share condominium since the ABC enforces the provision of this type of license that alcoholic beverages be sold only for consumption on the premises and only to bona fide members of the club and their bona fide guests.

4/89: An unrestricted ABC license (which requires premises to be open to the public and to sell off sale) was allowed for a bar as an accessory to the University Club (an NCU) as long as the accessory use has no signs or advertising announcing the bar to the public so the change would not increase activity.

12/87: (Revised 1/14): The Planning Department can approve the issuance of ABC license numbers 9 (beer and wine importer), 17 (beer and wine wholesaler) and/or 20-Limited (containing conditions imposed by ABC limiting sales to internet, phone, and/or other non-in-person sales) in residential districts for an importer, wholesaler and/or on-line merchant operating out of an office conforming to the accessory use provisions of a home office (including the stock-intrade prohibition). Note that a use including a Type 20 license without such limitations would be considered a liquor store that could typically not be approved in residential districts.

Code Section: 204.1

Subject: Teaching in an R District dwelling

Effective Date: 7/86

Interpretation:

This Section regulates accessory uses for dwellings in R and NC Districts. A person licensed by the State to teach dental technology cannot convene a class in his dwelling. The Section 204.1 provision for allowing a business open to the public for a professional person does not extend to a class situation. This is a school—not an office.

Code Section: 204.1

Subject: Accessory uses

Effective Date: 4/2/87

Interpretation:

This Section regulates accessory uses for dwellings in R and NC Districts. Incidental accessory uses in apartment buildings in medium and high density residential districts do not require direct connection with a particular dwelling unit as long as they serve an individual or individuals residing in the building and are not open to public use. Section 204

which provides general regulations for accessory uses requires accessory uses to be on the same lot but does not say they must adjoin the specific use or unit to which they are accessory.

Code Section: 204.1

Subject: Accessory use in a dwelling

Effective Date: 3/88

Interpretation:

This Section regulates accessory uses for dwellings in R and NC Districts. A homeowner occupied one-half of his duplex. He wanted to remodel the lower unit removing several walls to create a large room which he would use as a music rehearsal studio. Other rooms, including a bedroom and kitchen would remain on this lower floor. He wanted to be able to do this without losing the nonconforming two-unit status of the building. The rehearsal activity contemplated would be "a discrete use separable from the normal activities of domestic living" and, as such would be allowed only as an accessory use. Therefore, the studio space would have to be incorporated into the unit in which the user lives and not occupy more than ¼ of that unit's floor area.

Code Section: 204.1

Subject: Office as accessory to group housing Effective Date: 8/88

Interpretation:

This Section, together with Section 204 regulates accessory uses for dwellings in R and NC Districts. Section 204 states that an accessory use must be on the same lot as the use served. Except as pre-established nonconforming uses, offices are allowed in residential districts only as accessory to a permitted use. The only kind of office that can be allowed as

accessory to group housing is that which serves only the lawful inhabitants of the lot. It cannot serve members of the group or organization who live elsewhere. Accessory uses authorized under this Section may not employ anyone who does not live in the housing except for persons concerned in the operation or maintenance of the dwelling unit. In cases where an accessory office provides services to the residents which services are one of the chief purposes for the group housing facility, such office employees may be considered to be persons concerned in the operation of the housing and therefore may be employed in an accessory office without being resident.

Code Section: 204.1

Subject: Recreation building accessory to residence Effective Date: 2/91

Interpretation:

In the case where a duplex legally existed at the rear of the lot and a garage was proposed for the buildable area of the lot, a second story of the garage could house a recreation room for use by residents of the dwellings on this lot without such room being considered a dwelling provided no plumbing is introduced to this accessory building. This arrangement would not violate the "contiguity" requirement of the NCIC but would require an NSR.

ear of the lot and a garage was proposed for the buildable area of the lot, a second story of the garage could house a recreation room for use by residents of the dwellings on this lot without such room being considered a dwelling provided no plumbing is introduced to this accessory building. This arrangement would not violate the "contiguity" requirement of the NCIC but would require an NSR.

Code Section: 204.1

Subject: Church as residential accessory

Effective Date: 10/94

Interpretation:

A gathering of persons in a dwelling for formal religious observances is an accessory use to a dwelling if it does not violate any other Code provision, the most relevant of which are this Section, Section 204 and Article 6 (including but not limited to the ¼-of-floor-area limit and the sign restrictions) except that any group or gathering claiming a tax-exempt status as a church also shall be considered a church and not an accessory use for purposes of the Planning Code. This does not preclude members of a church already treated as such under the Planning Code from having incidental or concomitant meetings in residences.

Code Section: 204.1

Subject: Accessory business in R and NC, stock in trade Effective Date: 6/95

Interpretation:

This Section allows some nonresidential activity as accessory to a dwelling in residential or Neighborhood Commercial Districts provided the activity complies with certain limitations. One of the limitations prohibits the maintenance of a stock in trade. A very literal application of the term "stock in trade" was thought to be too restrictive as it could preclude even a writer's manuscript, a programmer's software, a telecommuter's office production or hobby craft maintained for sale. The purpose of the restriction is to maintain the character of the residential and NC Districts. It was thought that a stock in trade should be allowed if the appearances and activities necessary to maintain it were not distinguishable from those normally associated with a residential area. The following are examples of the kind of material that should not be considered "stock in trade" pursuant to this Section.

(1) Catalogs or samples of merchandise to be taken elsewhere to show potential buyers provided people do not come to the residence for the purpose of viewing the samples.

(2) Materials for assembly into finished products provided these materials are not acquired, and finished products are not accumulated, in such quantities that it requires handling by any person, device, appliance or vehicle that would not be allowed as an accessory to the use in question. Section 204.5(b) defines the size limits of vehicles that can be parked in a residential district and that standard would be used as a size limit for such delivery vehicles.

materials are not acquired, and finished products are not accumulated, in such quantities that it requires handling by any person, device, appliance or vehicle that would not be allowed as an accessory to the use in question. Section 204.5(b) defines the size limits of vehicles that can be parked in a residential district and that standard would be used as a size limit for such delivery vehicles.

(3) Clocks and other antique furniture held for possible future sale by an antique dealer who uses them at home in the meantime, provided prospective buyers do not come to the residence for the sole purpose of shopping. This interpretation deals with just one of the limitations imposed upon residential accessory business by this Section. There are other limitations in the Section. Generally, any residential accessory business activity needs to meet the test of being indistinguishable from those normally associated with a residential area. Therefore, excessive volume and frequency of noise accompanying a residential accessory business would not be allowed. No delivery of residential accessory business material could be with a truck exceeding ¾-ton nor could deliveries by any means be frequent.

Code Section: 204.1

Subject: Residential accessory uses, "professional person" Effective Date: 1/96

Interpretation:

This Section disallows a business as an accessory use in a dwelling unit in an R or NC District which would be open to the public except for the maintenance within a dwelling unit of the office of a professional person who resides therein. Before 1978, the Code defined a "professional person" as, "a person legally qualified to practice dentistry, medicine, psychiatry, chiropractic, law, architecture or engineering." The 1978 Code dropped this definition, the definition, "any person engaged in an occupation that requires licensing by the State" was considered. However, over time, more occupations had licenses or certificates associated with them. It became difficult to ascertain for which ones a license was required to be practiced legally or for which ones a license or certificate constituted simply a trade endorsement. It was

noted that the purpose of the Planning Code professional exemption was not to afford some occupations greater respect but to recognize that specific occupations had been traditionally practiced in San Francisco homes before zoning and had gained some legal merit for continuing in this manner. Therefore, the exemption shall be applied to those occupations which were thought to have been traditionally practiced in the dwelling of the practitioner because that is what the law traditionally allowed.

The following determinations have been made on this basis:

1995:The practice of acupuncture is allowed as one discipline within medicine.

1/96:The practice of electrolysis is NOT allowed. No evidence was submitted to indicate that this activity would clearly fall within the practice of medicine or whether it has traditionally required a license for legal practice.

Code Section: 204.1

Subject: Office accessory to apartment building

Effective Date: 4/96

Interpretation:

This Section governs activities that are accessory to dwellings in R or NC Districts. It prohibits the employment of any person not resident in the dwelling unit, other than a domestic servant, gardener, janitor or other person concerned in the operation or maintenance of the dwelling unit. It also prohibits the addition of a building manager's unit, unless such unit meets all the normal requirements of the Code for dwelling units. Therefore, one dwelling unit in an apartment building can be used by a nonresident manager who does not use the premises for the management of units off the site and if the unit retains all the features required by the Code for dwellings that it had as a dwelling unit.

Code Section: 204.1(h)

Subject: Accessory Uses for Dwellings in R Districts

Effective Date: 05/03/05

Interpretation:

Section 204.1 allows professionals such as Doctors to operate out of their home.

"SEC. 204.1. ACCESSORY USES FOR DWELLINGS IN R OR NC DISTRICTS.

No use shall be permitted as an accessory use to a dwelling unit in any R or NC District which involves or requires any of the following: ...(h) The conduct of a business office open to the public. Provided, however, that Subsection (h) of this Section shall not exclude the maintenance within a dwelling unit of the office of a professional person who resides therein, if accessible only from within the dwelling unit; and provided, further..."

Home-based massage therapy is a medical service provided by a professional and shall be allowed out of the home as such.

Code Section: 204.2

Subject: ABC license for club in R District

Effective Date: 4/89

Interpretation:

An unrestricted ABC license (which requires premises to be open to the public and to sell off sale) was allowed for a bar as an accessory to the University Club (an NCU) as long as the accessory use has no signs or advertising announcing the bar to the public so the change would not increase activity.

Code Section: 204.2

Subject: Housing as accessory to a church in R District Effective Date: 10/95

Interpretation:

Housing provided by a church in an R District for guests of the church can be allowed as an accessory use to the church if it met the provisions of Sections 204 and 204.2. The fee structure, if any, would have to be consistent with the lodgers being guests of the church. (One provision of Section 204.2 prohibits a separate profit-making activity.) Lodging would not meet the incidental criteria of Section 204 unless it is sporadic and involves few lodgers. The number of lodgers allowed is the same as the number of lodgers that are allowed by the definition of "family." The length of stay would have to be limited to less than one month. Housing for longer periods, such as the parish house or group housing contemplated by Section 209.2(b) must conform to the density, rear yard, usable open space or off-street parking and all other Code requirements for such housing.

Code Section: 204.2

Subject: Child care accessory to church

Effective Date: 01/2002

Interpretation:

Section 209.3(f) requires conditional use approval for a child-care facility providing care to 13 or more children. Childcare provided within a church in an R District for 13 or more children would still require conditional use approval even if it satisfied the requirements of Section 204.2 for accessory uses.

Code Section: 204.3

Subject: Bar as accessory to a restaurant

Effective Date: 8/87

Interpretation:

This Section regulates uses accessory to other uses in C and M Districts. Normally, a bar is a principal permitted use in all C and M Districts; however, there may be times, if restricted by moratoria, a special use district or prior conditions of approval, when they might be allowed only as an accessory use. A bar cannot be considered to be accessory to a restaurant unless it is only a service bar for the table server and there is no lounge seating.

Code Section: 204.3

Subject: Accessory use not on same lot

Effective Date: 8/88

Interpretation:

This Section, together with Section 204 regulates accessory uses in C and M Districts. A church is legally existing in a South of Market District where churches are permitted but offices are not. The church wanted to lease an adjoining lot under separate ownership for multiple function rooms including counseling and child day care and for church offices. The offices could not be allowed except as accessory to the church. Section 204 requires an accessory use to be on the same lot as the primary use and not occupy more than 25 percent of the floor area of the entire use. The two lots, being under separate ownership, could not be merged into one. The proposal could be approved if the drawings showed the office space as constituting no more than 25 percent of the floor area of the church complex and if the church filed a notice of special restriction on the records for the site acknowledging that the offices are to be accessory to the church only and not thereafter converted to general office space.

Code Section: 204.3

Subject: Clothing assembly as accessory use

Effective Date: 4/90

Interpretation:

This states that one of the activities prohibited for an accessory use is the "production of goods not intended primarily for retail sale or use on the premises." However, a large manufacturer of clothing having its administrative and design offices in the C-2 District (which district does not allow clothing manufacturing) could also assemble clothing samples on its site for analysis by its designers provided the other accessory use provisions were met. Although the articles were not for sale or for "retail use" on the premises, they were for use on the premisescondition that qualifies the assembly as an accessory use. In the quoted phrase, the word "retail" modifies only the word "sale," not the word "use."

Code Section: 204.3(a)

Subject: Restaurant as accessory use

Effective Date: 8/91

Interpretation:

In a district where a restaurant is not a permitted use, a coffee shop is accessory to a motel if not readily accessible by or advertised to the public and if it meets the provisions of this Section. As an accessory use, the coffee shop's floor area would be considered to be space of the primary use and governed by the rules that apply to that primary use.

Code Section: 204.4

Subject: Dwellings as accessory use, parking and density Effective Date: 6/86

Interpretation:

This Section allows dwellings as accessory to other uses. It does not indicate what rules should apply to them. A residence that is accessory to another use need not provide the open areas normally required for a residence. However, it must conform to the parking and density provisions. There must be parking spaces equal to the number of residential units on the lot or parking spaces according to that required for the primary use whichever is the greater amount. One need not provide the amount of parking required for both the accessory residential use and the primary use.

Code Section: 204.4

Subject: Live/work space, as accessory to other use Effective Date: 11/87

Interpretation:

This Section allows a dwelling unit accessory to an artist studio or to other uses as living space for a manager or caretaker. Such living space must conform to this Section and to the parking and density standards for dwelling units in their zoning district but need not conform to the open area standards for dwelling units.

Code Section: 204.5

Subject:

Effective Date:

Interpretation:

See "Auto repair, mobile 10/93" in the Interpretations - Alphabetical

Code Section: 204.5

Subject: Accessory tow truck parking Effective Date: 4/89

Interpretation:

There could be no more than one tow truck as an accessory to a service station.

Code Section: 204.5

Subject: Parking accessory to C-3 office buildings Effective Date: 5/89

Interpretation:

No parking is required for nonresidential uses in the C-3 District. Furthermore, the Commission wants to control the amount of accessory parking in downtown office buildings through its review and approval powers. In a memo dated 5/4/89, the Director of Planning announced that henceforth, the parking approvals will reference the amount of floor

area that can be devoted to parking rather than the number of parking stalls that can be provided.

Code Section: 204.5

Subject: Parking as an accessory use Effective Date: 7/89

Interpretation:

This Section limits the amount of parking that can be considered to be accessory to the principal use which it serves. However, additional required parking is considered accessory when required by the City Planning Commission as a condition of approval. As such, it is exempt from being included in the definition of gross floor area.

Code Section: 204.5

Subject: Parking and loading as accessory uses Effective Date: 9/97

Interpretation:

This Section establishes what is considered accessory parking for a structure, lot or development: three spaces where one space is required; four spaces where two are required; and 150 percent of the required number of spaces where three or more spaces are required. If the parking provisions exceed the amount specified as the limit for accessory parking, no conditional use (Section 157) or variance is required when the additional parking provided may be defined as a community parking garage (Section 890.8) or lot (Sections 790.10 and 890.7) and is principally permitted in the subject district.

Code Section: 204.5(a), (c)

Subject: Accessory parking limits

Effective Date: 6/90

Interpretation:

This Section states that accessory parking stalls must be on the same lot as the use served and limits the number of stalls for a single-family dwelling to three. There were three lots under separate ownership each containing a single-family dwelling and sharing a common driveway running across each lot. It was noted that the accessory stalls could legally be eliminated while the required stalls could not. While the REQUIRED parking for each unit had to be on the same lot as the unit served, the total number of parking stalls allowed as an ACCESSORY use for each of the houses could be located on that portion of the common driveway situated on one of the lots without a conditional use for a

community parking facility even though this would exceed the number of parking stalls permitted as an accessory

use on a single lot. Such arrangement, however, would have to be clarified for the record by a Notice of Special Restriction placed on the property containing the extra parking.

Code Section: 205.2(a)

Subject: Gas station detox equipment Effective Date: 10/91

Interpretation:

Groundwater detoxification monitoring equipment placed on the ground in the open and surrounded by a fence is comparable to the temporary uses allowed under this Section and therefore can be authorized under the procedures found therein. For purposes of this Section, this applies also to the NC Districts.

Code Section: 206.6(e) and 415A.5

Subject: State Density Bonus Projects and Planning Commission Approvals Effective Date: 09/24

Interpretation:

Ordinance No. 187-23 became effective on October 15, 2023. Among other things, it added Section 415A et seq. to the Planning Code, which provides an administrative path for certain previously approved projects to reduce their inclusionary housing obligations. Pursuant to Section 415A.5 and Planning Commission Resolution No. 21353, the Planning Commission delegated authority to the Planning Director to administratively amend certain conditions of approval related to inclusionary housing obligations for eligible projects. Projects that propose a “significant modification,” however, would continue to require a Planning Commission hearing per Section 415A.5.(a) to approve the modified project.

Commission Resolution No. 21353, the Planning Commission delegated authority to the Planning Director to administratively amend certain conditions of approval related to inclusionary housing obligations for eligible projects. Projects that propose a “significant modification,” however, would continue to require a Planning Commission hearing per Section 415A.5.(a) to approve the modified project.

Ordinance No. 248-23 subsequently became effective on January 14, 2024. Among other things, it amended Section 206.6(e) to exempt most Individually Requested State Density Bonus projects from Planning Commission approvals that would otherwise be required, with some caveats.

This interpretation addresses whether a “Pipeline Project” per Section 415A.2 that proposes a “significant modification” pursuant to Section 415A.5(a), but is also an Independently Requested State Density Bonus project that does not otherwise require any Planning Commission hearing per Section 206.6(e), would require a Planning Commission hearing to approve the modified project and amend the conditions of approval.

It’s important to note that a new development application does not necessarily represent a new “project.” In certain instances, an existing “project” may need a new application merely because the project requires an additional approval, or because it is using an alternative approval option currently available under the Planning Code or State law. Even though the requirements for the new application may differ, the underlying project is still the same. As such, an Individually Requested State Density Bonus project that 1) qualifies as a Pipeline Project pursuant to Section 415A.2, 2) qualifies for administrative approval pursuant to Planning Code Section 206.6(e), and 3) does not change to the extent that it becomes a new project, may be approved pursuant to Section 206.6(e) without a Planning Commission hearing, and any previous Planning Commission approval for such project will be superseded with no need to amend any prior conditions of approval. Additionally, any such prior Planning Commission approval will continue to qualify the project for any applicable grandfathering provision of the Planning Code or State law (e.g., Pipeline Project status, impact fee triggers and rates, etc.).

Code Section: 207.1

Subject: Dwelling unit density, mixed use

Effective Date: 12/91

Interpretation:

This Section sets forth rules for calculating dwelling unit density. This Section does not indicate whether that portion of the lot on which nonresidential uses exist counts as lot area when calculating density. Since those sections which indicate density (207.4, 207.5, 208, 209.1, 215) simply state that the density shall be one dwelling unit per stated number of square feet of lot area, it has never been the policy to discount that lot area occupied by nonresidential use. Therefore,

nonresidential uses present on a lot are to be ignored when calculating the dwelling unit density for that lot.

Code Section: 207.1(c)(5)

Subject: Dormer Additions for Local Program ADUs

Effective Date: 09/24

Interpretation:

This section prohibits Local Program ADU projects from including a vertical addition, with certain exceptions. The question was raised if adding dormers to the attic level of an existing building to make it habitable for a new ADU is considered a vertical addition. The determination was made that such dormers would not be considered a vertical addition for this purpose so long as they fully complied with the area limit for dormers above the height limit found in Section 260(b), which is no more than 30% of the horizontal roof area. It’s important to note that this specific threshold for defining a vertical addition applies even if the proposed dormers are not above the height limit.

Code Section: 207.1(c)(5)

Subject: ADUs Restricted to Permitted Buildable Area

Effective Date: 09/24

Interpretation:

This section requires Local Program ADUs to be within the permitted buildable area or within the built envelope of a legally existing building. For example, a variance cannot be granted to construct an addition into the required rear yard to add a Local Program ADU. The question was raised if this prohibition would also apply to a rear stair structure associated with or otherwise required by the new ADU (i.e., a second means of egress, etc.). The determination was made that this buildable area limitation only applies to the ADU itself, and therefore a variance may be granted for other features that extend beyond the unit itself, such as decks and stairs. Additionally, a variance may be granted for other applicable Planning Code requirements, such as the exposure requirements of Section 140, so long as the ADU itself is within the permitted buildable area.

Code Section: 207.1(e)

Subject: Density rules Effective Date: 2/86

Interpretation:

This Subsection states, "Where a lot is divided by a use district boundary line, the dwelling unit density limit for each district shall be applied to the portion of the lot in that district, and none of the dwelling units attributable to the district permitting the greater density shall be located in the district permitting the lesser density." This implies that the dwelling units attributable to the district permitting the lesser density may be located in the district permitting the greater density. Logic would indicate the same. Therefore, when a property zoned for multiple dwellings is joined with the vacated half of a street zoned RH-1, which half could be recorded as a legal lot and developed with a single-family dwelling, the development on the enlarged lot could have an additional unit credited from the RH-1 property without that unit

actually being built upon the RH-1 property. This also avoids, without rezoning, the creation of potentially incompatible uses.

Code Section: 207.1(e)

Subject: Density rules

Effective Date:

Interpretation:

See Interpretation 134 for a different application of split zoning rules

Code Section: 207.1(e)

Subject: Dwelling unit density on split-zoned lot Effective Date: 6/90

Interpretation:

This Section states that when a lot is divided by different zoning districts, "of the dwelling units attributable to the district permitting the greater density shall be located in the district permitting the lesser density." Four lots were under single ownership; three were zoned C-3-G (which allows one unit per 125 square feet of lot area) and one was zoned RC-4 (which allows one unit per 200 square feet of lot area). The owner wanted to develop the combined parcel residentially but place most of the building on the lot zoned RC-4. It appeared that this Section might completely discount the presence of the C-3-G lots if the building were built on the RC-4 portion of the site. It was noted that this dilemma would not exist if the C-3-G lots were down zoned to RC-4. The purpose of the provision was to disallow apartment buildings on portions of lots zoned for houses. In this case, both zoning districts would allow the same style of building with the height and bulk determined by different controls than the land use district. Therefore, the entire site could be counted with the same density ratio as that of the lot with the lower density. The term "attributable" in this Section refers to the incremental difference in density between the two districts.

Code Section: 207.3(e)(2)

Subject: Expansion of Legalized Dwelling Units Over Permitted Density Effective Date: 03/23

Interpretation:

See Interpretation 181(c)(2)

Code Section: 207.4(b), 209.1(m), 151, 135(d)

Subject: Exemptions, mentally handicapped

Effective Date: 9/02

Interpretation:

Sections 207.4(b), 209(m), 151, 135(d). Exemptions applying to persons with physical handicaps shall apply to persons with mental handicaps.

This supersedes a 1992 Interpretation on Section 209(m) that stated, because persons with physical handicaps had difficulty finding housing with suitable design features, there needed to be a financial incentive to build such housing, but because persons with mental handicaps did not need special design features, no such incentive is necessary.

Mental disability shall be included with physical disability in the definition of the term "disability" or "handicap" in the Planning Code, in order to bring the Code into conformance with current state and federal anti-discrimination laws.

The open space and parking reductions described in Section 135(d)(3) and Table 151 of the Code shall also be available to projects designed for and occupied by senior citizens or physically (or mentally) handicapped persons in Neighborhood Commercial Districts (pursuant to Section 207.4(b)) as well as projects in Residential Districts (pursuant to 209.1(m)).

Code Section: 208

Subject: Group housing density when combined with apartments Effective Date: 7/88

Interpretation:

See Interpretation 209.2

Code Section: 208

Subject: 9/86

Effective Date: Group housing density

Interpretation:

In light of California Supreme Court decision and a City Attorney's opinion regarding the inability for laws to control the number of persons living as a family, the question arose regarding whether the density of group housing could be controlled by the Planning Code. The distinction between group housing and a family was made to the effect that if one pays for a specific room, it is group housing; if one pays into a general pool for the house, one may be part of the definition of "family." This distinction is further elaborated upon in the interpretations under "102above.

Code Section: 209.1

Subject: Dwelling unit density, mixed use

Effective Date: 12/91

Interpretation:

See Interpretation 207.1

Code Section: 209.1

Subject: Regular dwellings versus group housing

Effective Date: 8/95

Interpretation:

A group of persons in need of daily medical care but able to live alone without constant attention wanted to be housed in a legal three-unit building. This situation was treated as the occupancy of regular dwellings versus group housing because the situation conformed to the requirements and limitations of regular dwellings. There were no more than five unrelated persons in any unit; each unit retained its own kitchen, bedrooms and living rooms; parking and yard area requirements for dwellings were observed; and no signage or commercial or institutional activity took place except the visits of medical care personnel which did not require State licensing.

Code Section: 209.1

Subject: Multi-unit residential building on three lots in RH-1 District

Effective Date: 9/95

Interpretation:

This Section states that the RH-1 District would allow one dwelling unit per lot or one dwelling unit per 3,000 square feet of lot area with a conditional use. One unit in a two-unit residential building which covered portions of three legal RH-1 lots totaling about 4,000 square feet was illegal. The Planning Code would allow three units on this site without conditional use if it were vacant, since it consists of three legal lots. The General Plan encourages the retention of existing housing. Therefore, the second, illegal unit in this situation could be legalized without a conditional use authorization.

Code Section: 209.1(m)

Subject: "Senior citizens" defined

Effective Date: 11/85

Interpretation:

This Subsection allows a density bonus for housing specifically designed for and occupied by senior citizens. Federal and State guidelines are used in defining "senior citizens" or "elderly" for both subsidized and nonsubsidized housing.

Code Section: 209.1(m)

Subject: Use table, dwelling Effective Date: 2/86

Interpretation:

Section 209.1 describes the density of dwellings allowed as principal permitted or conditional uses in residential districts. This subsection states that dwellings specifically designed for and occupied by senior citizens or physically handicapped persons may have double the density otherwise allowed for the district. The kinds and densities of dwellings allowed in other districts are described elsewhere in the Planning Code. Some of these places refer to the densities of the nearest R District. Some of these places state a specific density limit that corresponds with certain residential districts and yet are silent on the subject of double density. To not allow double density in nonresidential districts under the same circumstances as allowed by this subsection would make some nonresidential districts more restrictive than the residential district to which they are intended to correspond. Therefore, this double density for elderly and handicapped units in R Districts also applies to nonresidential districts.

Code Section: 209.1(m)

Subject: Elderly/handicapped density in a planned unit development Effective Date: 2/88

Interpretation:

This Subsection states that dwellings specifically designed for and occupied by senior citizens or physically handicapped persons may have double the density otherwise allowed for the district. Subsection 304(d), which provides criteria for the approval of Planned Unit Developments states that they "be limited in dwelling unit density to less than the density that would be allowed by Article 2 of this Code for a district permitting a greater density." Article 2 contains this subsection with its double density provision. Therefore, the double density allowed by this paragraph can be awarded on top of the extra density that could be allowed by the Planning Commission through the Planned Unit Development procedures.

Code Section: 209.1(m)

Subject: Double density, senior and handicapped

Effective Date: 8/89

Interpretation:

This Section allows double density for housing that is designed for and actually occupied by senior or handicapped persons. Such double density can be allowed only for that portion of the development so occupied. Split use is not permitted by State case law. The California Supreme Court has found that discriminating according to age for housing occupancy can be constitutional only when the entire building is so restricted.

Code Section: 209.1(m)

Subject: Double density for elderly or handicapped Effective Date: 12/89

Interpretation:

This Section says that when providing elderly or handicapped housing, one can build, "a density ratio or number of dwelling units not exceeding twice the number of dwelling units otherwise permitted[emphasis added]. The wording may seem to give an option of using the density ratio that is twice the RATIO otherwise permitted or of using the NUMBER of units otherwise permitted. In some occasions, using a doubled ratio would give a different result than simply computing the number of units using the normal ratio for that district and then doubling that number. One should always simply double the number of units calculated using the normal ratio for the district because this would be more restrictive.

Code Section: 209.1(m)

Subject: Exemptions, mentally handicapped Effective Date: 9/02

Interpretation:

See Interpretation 207.4(b)

Code Section: 209.2

Subject:

Effective Date:

Interpretation:

See also "Family" and "Dwelling unit" under Interpretation 102 and in the Interpretations - Alphabetical

Code Section: 209.2

Subject: Group housing, combined with apartments

Effective Date: 7/88

Interpretation:

This Section allows group housing in most residential districts, either as a principal permitted or conditional use. Group housing could be located on the same lot with apartments. In fact, Section 207.1(b) states, "where dwelling units and group housing are combined, the maximum permitted density for dwelling units and for group housing shall be prorated to the total lot area according to the quantities of these two uses that are combined on the lot." In other words, the density requirements for both uses apply so that there needs to be enough lot area not counted for the apartment density to allow that number of group housing bedrooms (per Table 208) and there needs to be enough lot area not counted for the group housing density to allow that number of apartments (per Section 209.1).

Code Section: 209.2

Subject: Residential occupancy without kitchens, use category

Effective Date: 4/89

Interpretation:

The following use categories apply to a space that does not have a kitchen. If tenure is less than 31 days, it is a tourist hotel under the Residential Hotel Ordinance but would still be group housing or "roomers" under the Planning Code if tenure is more than one week. If tenure is less than weekly, it also is a tourist hotel under the Planning Code. If there is a predominant practice of greater-than-weekly occupancy, even with the option of nightly tenure, it is group housing.

Code Section: 209.2(a)

Subject: Group housing

Effective Date: 2/88

Interpretation:

This Section allows boardinghouses as group housing in most residential districts, either as a principal permitted or conditional use. A facility like the Ronald McDonald House where children stay with their parents while undergoing outpatient medical treatment is "group housing, boarding" if tenancy is a week or more at a time. A shorter tenancy is allowed only in a hotel.

Code Section: 209.2(a)

Subject: Emergency shelter, where permitted Effective Date: 4/89

Interpretation:

There was a proposal to operate a shelter on an RM-1 lot. No treatment would be provided but about five resident staff would offer shelter and counseling for 10 to 20 people on a long-term basis (one month or more) and for about 20 people on a short-term basis (night-to-night). The short-term housing would be considered to be hotel use and therefore not permitted in a residential district.

Code Section: 209.2(a)

Subject: Group housing versus residential care Effective Date: 12/89

Interpretation:

In a letter to the Liberty Hill Neighborhood Association dated December 1, 1989, Robert Passmore reaffirmed the distinction between group housing and residential care (which is not as widely permitted as group housing). The letter pointed out that group facilities operated by personnel who are not REQUIRED to have a State Department of Health and Welfare license for care providers are normally group housing and not residential care facilities for which the language of Sections 209.3(a) and (b) states requires such license.

Code Section: 209.2(a)

Subject: Group housing, single unit

Effective Date: 7/92

Interpretation:

This Section allows group housing without individual cooking facilities in certain zoning districts. In the situation where two dwelling units existed over a store, the owner wanted to create another space where someone could live. The existing situation was under the density allowance but there was no possibility of creating more parking, rear yard or usable open space. Where group housing is allowed and within the density and other applicable provisions, a single room or suite of

rooms containing no kitchen with 31 or more days tenure is a lone group housing unit. Group housing need not consist of more than one such unit in a building.

Code Section: 209.2(a)

Subject: Group housing with limited cooking facilities Effective Date: 10/05

Interpretation:

This Section allows group housing without individual cooking facilities in most residential districts, either as a principally permitted or conditional use. Recent Department practice via Zoning Administrator determination letters has been to allow limited kitchen facilities in hotel rooms or suites in tourist hotels with stays of less than 32 consecutive days. These determinations were based on the proviso that the purpose of including kitchens is not to create dwelling units for permanent residency but to provide hotel guests the option of making their own meals. Likewise, the purpose of including limited kitchen facilities in group housing is not to create dwelling units for permanent residency, but to provide group housing residents the option of preparing their own meals. In the South of Market mixed use districts, single room occupancy units are allowed small kitchens. To that end, group housing units are allowed to have limited kitchen facilities with the following specifications: a small counter space, a small under-counter refrigerator, a small sink, a microwave, and a small two-ring burner. Such limited kitchen facility shall not include any other type of oven, as that would constitute a full kitchen.

Code Section: 209.2(d)

Subject: Temporary shelters, where permitted

Effective Date:

Interpretation:

See Interpretation 216(b)

Code Section: 209.3

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 209.3(d)

Subject: Philanthropic facility

Effective Date: 12/87

Interpretation:

Temporary shelters are not included in this category. See Interpretation 216(b) below.

Code Section: 209.3(e)

Subject: Child care, with separate dwelling Effective Date: 7/90

Interpretation:

This Section says that a child care facility for fewer than 13 children is a permitted use in any zoning district. Generally, multiple permitted uses on a single lot are not precluded by the code. Therefore, a separate portion of a house could be rented out as a dwelling while another portion of the house contains a child care facility operated by people who do not live there. The child care facility and the dwelling are two separate principal uses and neither needs be accessory to the other. Further, the child care facility can have its own kitchen without its being considered a separate dwelling unit. Unless it met all the requirements for another dwelling unit, a kitchen in the child care facility would require a Notice of Special Restriction to clarify that the kitchen would be for the care facility only.

Code Section: 209.3(f)

Subject: Child care in RH Districts, removal of kitchen Effective Date: 6/92

Interpretation:

This Subsection states that child care for more than 12 children is a conditional use in the RH, RM and RC Districts. The Planning Commission has a policy of discretionary review for the removal of dwelling units under most circumstances. Since a conditional use from the Planning Commission would be required for such child care facility anyway, that removal of the kitchen could be reviewed under that procedure instead of calendaring a separate D.R. case.

Code Section: 209.3(g)

Subject: Nonprofit school for children with special needs

Effective Date: 2/70

Interpretation:

A facility which provides an educational program for children with special needs from kindergarten age through eight years old, but which does not function as part of the school district and does not satisfy the requirements of the compulsory education laws, will be classified the same as a regular elementary school per this paragraph for purposes of determining where the use is allowed. Proof of nonprofit and compulsory education aspects can be established bycopies of Articles of Incorporation of the school, a letter from the U.S. Treasury Department and a transfer of pupil statement.

Code Section: 209.3(h), (i)

Subject: Art school, where permitted

Effective Date: 1/86

Interpretation:

This Subsection allows either public or private secondary or postsecondary schools in residential districts as conditional uses provided they are not primarily an industrial arts school. A nonprofit art school which does not qualify under the State compulsory education act is allowed as a conditional use in R Districts the same as other schools provided this is not an industrial arts school. The alternative would be to treat private schools as a commercial business but, since this one is nonprofit, these subsections would allow the use even though private.

Code Section: 209.3(j)

Subject: Effective Date: 10/94

Interpretation:

See also Interpretation 204.1 Church as residential accessory

Code Section: 209.5(a)

Subject: Private soccer field

Effective Date: 12/91

Interpretation:

In the case where a private school proposed to build a soccer field for the use of their students, such facility would be subject to this Section (which requires a conditional use) rather than Section 209.5(b) (which is a permitted use).

Code Section: 209.6(a)

Subject: Public Use

Effective Date: 08/09

Interpretation:

Article 2, Section 209.6(a) describes a public facility as a public structure or use of a nonindustrial character, when in conformity with the General Plan. This section does not further expound on the nature of such public facilities or uses, although public use is further described in other parts of the Code, that were amended after Section 209.6(a) and provide guidance in interpreting the section. Articles 7 & 8 (Sections 790.80 and 890.80) describe a public use as a publicly or privately owned use which provides public services to the community, whether conducted within a building or on an open lot, and which has operating requirements which necessitate the location within the district. Both Articles 7 and 8 also provide some examples of public uses (i.e. museums, libraries, post offices, etc.) Therefore, in drawing from more specific definitions of public use from other parts of the Planning Code and to provide specificity to public use as mentioned in Article 2, the explicit definitions of public use as provided in Articles 7 and 8 shall apply to Section 209.6(a), including the fact that it may be publicly or privately owned.

Code Section: 209.7

Subject: Parking lots in R Districts: When CU required Effective Date: 4/65

Interpretation:

This Section allows as a conditional use in RH, RM, and RC Districts, nonaccessory parking in a "community garage." Section 204.5 allows parking in residential districts only as an accessory use which needs to be on the same lot as the principal use. Therefore, parking on the same lot as the use it serves, or on a separate lot immediately adjacent to this lot, will normally not require a conditional use although merger of the lots may be required for this parking to be permitted as an accessory use. Parking under other circumstances such as parking separated from the use it serves by other lots or by streets or alleys will require a conditional use. Parking not on the lot served which is not required parking shall always be considered as a community parking facility requiring a conditional use.

Code Section: 209.7

Subject: Use table, vehicle storage

Effective Date: 1/86

Interpretation:

This Section allows a community garage in an R District as a conditional use. Parking provided pursuant to Section 159 (parking provided off site) does not require a conditional use pursuant to this Section IF the parking provided per Section 159 is REQUIRED parking. (Any parking provided per Section 159 is, by definition, required parking.)

Code Section: 209.7(b)

Subject: Access driveway to parking on other lot Effective Date: 10/91

Interpretation:

This Section says that an access driveway across a residential lot to serve a lot with a less restrictive zoning is a conditional use in the more restrictive R Districts and a permitted use in the less restrictive R Districts. This Section conspicuously fails to include such access to serve a lot in the SAME zoning district. To conclude therefore, that access to a lot with the same zoning is simply disallowed would be to more strictly limit a less intensive use than the use described by this Section. Therefore, vehicular access serving a lot in the same zoning district is a permitted use in all residential districts.

Code Section: 209.8

Subject: Commercial uses in RC Districts

Effective Date: 8/89

Interpretation:

This Section allows commercial uses in RC Districts by referencing uses allowed in the C-2 District. Uses allowed in the C-2 District are required by Section 212(a) to be within an enclosed building. Therefore, commercial uses allowed by this Section in RC Districts must be located within an enclosed building.

Code Section: 209.8

Subject: Commercial uses in RC Districts Effective Date: 4/96

Interpretation:

A prior determination on this section show below is hereby revoked: Interpretation:

This Section allows commercial uses which are principal permitted uses in the C-1 or C-2 Districts to be allowed in the RC Districts either as a permitted or conditional use, depending upon the floor level. This regulation has existed since before the Neighborhood Commercial regulations were adopted. Because the C-1 and C-2 Districts allow some uses that would not be allowed in the Neighborhood Commercial Districts, the RC Districts (which are residential districts) are less restrictive than the Neighborhood Commercial Districts. To alleviate this incongruity, the commercial uses allowed in the

RC Districts should be those principal uses allowed on the ground floor of the nearest NC District, measured as prescribed for determining dwelling unit density in C and M Districts by Section 215(a). Therefore, any proposal that does not conform to this method may be reviewed under discretionary review."

As explained in the interpretation, it was thought that it would be inappropriate for RC districts, which are Residential districts under the Code, to be more permissive than nearby or adjacent Neighborhood Commercial districts. However, in implementing this rule it has come to the Department's attention that certain high density RC districts would be subject to restrictions that are contrary to well established land use patterns in those areas. For example, the Van Ness Avenue corridor, for much of its length, and the North of Market Special Use District (NOMRSUD) are nearest to the Polk Neighborhood Commercial District (NCD). For reasons unique to the Polk NCD, all restaurants, i.e. small and large selfservice and full-service, are prohibited. Imposing the "nearest NCD" rule for RC districts would mean that no new restaurants are permitted along Van Ness Avenue or the NOMRSUD and also that all existing restaurant would become non-conforming. The Zoning Administrator has determined that such restrictions would be excessive and inconsistent with the character and patterns of those districts. Therefore, the interpretation of 4/96 ruling that the controls of the nearest NCD should control use in RC districts is hereby revoked. Commercial uses allowed in RC districts shall be those

allowed as principal uses in C-2 districts as provided in Sections 209.8 (c) and (d) of the Code. (Note, there are no extant RC-1 districts so the provisions of 209.8 (a) and (b) relying on C-1 district controls is moot).

This interpretation also supersedes several interpretations that cite the original interpretation of 4/96, specifically: Section 209.8 (c) "Uses allowed in RC-4 Districts effective 4/88 modified 12/97; 209.8, "Drive-in establishments in RC Districts, effective 5/96; and 607.3(c)(4)(C), "Van Ness Special Sign District, projecting signs," effective 10/97.

Code Section: 209.8

Subject: Drive-in establishments in RC Districts Effective Date: 5/96

Interpretation:

This Section allows certain commercial uses under certain conditions in the RC Districts but not "establishments designed primarily for customers arriving at that establishment by private motor vehicle." The intent of such prohibition was to prohibit "drive-in" or "drive-up" type uses, not auto repair uses to which people arrive by but drop off the auto. Therefore, this prohibition does not extend to an auto repair or service which could be permitted in RC Districts if allowed in the nearest NC District. See Interpretation 209.8 Commercial uses in RC Districts 4/96 for reference to nearest NC District.

Code Section: 209.8(c)

Subject: Uses allowed in the RC-4 District

Effective Date: 4/88...Modified 12/97

Interpretation:

This Section states that uses "permitted as a principal use in a C-2 District" are principal permitted uses in an RC-4 District on or below the ground floor. It was reaffirmed that the term "principal" refers only to those uses indicated by the symbol "P" in the use charts as an "as of right" use. It includes neither conditional uses nor accessory uses of the C-2 District. Subsequent to Interpretation 209.8 Commercial uses in RC Districts 4/96, this interpretation shall pertain to the nearest NC District, not principal uses in a C-2 District.

Code Section: 212(a)

Subject:

Effective Date:

Interpretation:

See "Building, meaning for `enclosed building rule' /96" in the Interpretations - Alphabetical

Code Section: 212(a)

Subject: Open uses, C-3 Districts

Effective Date: 3/88

Interpretation:

This Section prohibits open uses in the C-1 and C-2 Districts whether they be principal or accessory. By implication, therefore, uses can be open in the C-3 Districts. However, open sales are first allowed as a principal use by Section 225(i) in the C-M, M-1 and M-2 Districts. Therefore, open sales would be allowed in the C-3 District only as an accessory use to a conforming principal use on the lot.

Code Section: 212(a)

Subject: Open uses, pushcart Effective Date: 5/88

Interpretation:

This Section requires that in C-1 and C-2 Districts, all uses be conducted within an enclosed building. An exception may be made in the case of a pushcart when it is part of a commercial complex (such as Ghirardelli Square or Pier 39) and is shielded from view from any public right-of-way. (See also Interpretation 240.2(e).)

Code Section: 212(e)

Subject: C-3 residential conversion/

demolition

Effective Date: 5/90

Interpretation:

This Section requires a conditional use authorization to demolish a residential use or convert it to nonresidential use in a C-3 District. In the case where two residential hotel units were converted to a communal kitchen, storage and building mechanical space, there had been no conversion to nonresidential use since these uses were accessory to the residential use. Note: This interpretation may not apply to Section 803.5(b) which is worded differently.

Code Section: 215

Subject: Dwelling on split-zoned lot, use of industrial portion Effective Date: 4/64

Interpretation:

This Section allows dwelling units in the C-M through M-2 Districts only with a conditional use authorization. In the case where a portion of a lot is in one of these industrial districts, a dwelling may not occupy such portion of the lot without a conditional use authorization, but such portion may nevertheless be used to satisfy rear yard and open space requirements for a dwelling constructed on the residential portion.

Code Section: 215(a)

Subject: Dwelling double density in non-R Districts

Effective Date:

Interpretation:

See Interpretation 209.1(m)

Code Section: 215 - 227

Subject: Nonresidential use table, distancing requirement

Effective Date: 3/96

Interpretation:

Numerous subsections in the nonresidential use table require distancing the use from the nearest R District. Sometimes the boundary line of a zoning district is along the center of a street right-of-way, in which case the required distance shall be measured to the nearest residentially zoned property outside a street right-of-way.

In cases where multiple uses occupy a single lot, this distance shall be measured from where the use itself is located on the lot. The location of a use shall be considered to be the entire contiguous property controlled by the operator of the use. Therefore, in the case where a proposed kennel operator owned or leased the entire lot, the distance to the R District was

measured from the lot containing the proposed establishment rather from the kennel structures or from any other specific establishment structure or function. If they had controlled only a portion of the lot, the distance would be measured from that point.

Code Section: 216

Subject: Other housing in nonresidential districts

Effective Date:

Interpretation:

See Interpretation 209.2

Code Section: 216(b)

Subject: Temporary shelters, where permitted

Effective Date: 12/87

Interpretation:

Except in the South of Market Districts, temporary shelters for the homeless are analogous to tourist hotels and are allowed as permitted or conditional uses in the same districts under the same terms as tourist hotels. Since temporary shelters are specifically mentioned in the South of Market controls, they are not treated the same as tourist hotels there.

Code Section: 218

Subject: Effective Date: 3/97

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 218

Subject: "Personal services," uses included

Effective Date: 11/86

Interpretation:

A health spa, steam room, bathhouse, aerobics and nautilus exercise gyms are included in the "personal services" designation rather than in the "recreation building" designation.

Code Section: 218.1

Subject:

Effective Date:

Interpretation:

See "204 Massage as accessory to other personal service 3/97" in the Interpretations - Alphabetical

Code Section: 221(a)

Subject:

Effective Date: Interpretation:

See "Sex clubs, where permitted 3/97" in the Interpretations - Alphabetical

Code Section: 221(e)

Subject: Recreation building, uses included

Effective Date: 11/86

Interpretation:

Tennis, racquetball and squash courts as well as nonprofit gyms like YMCA are included in this Section. See also, Interpretation 218.

Code Section: 221(k)

Subject:

Effective Date:

Interpretation:

See "Sex clubs, where permitted 3/97" in the Interpretations - Alphabetical

Code Section: 221(k)(i)

Subject: Adult videos as adult bookstore Effective Date: 2/97

Interpretation:

This Section controls adult entertainment. One of the uses that constitute adult entertainment is an adult bookstore which is defined by Police Code Section 791(a) as "an establishment having 25 percent or more of its total inventory or product lines books, magazines or periodicals...[having certain characteristics]." This definition will include a store, 25 percent or more of whose inventory consisted of videos whose content consist of the same characteristics as described for books. It was thought that the legislative intent was to control the content rather than the delivery media.

Code Section: 222(h)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 223(f)

Subject: Outdoor work at service stations

Effective Date: 1/67

Interpretation:

This Subsection describes a service station with limited service and repair functions included in the description if they are normally conducted entirely within an enclosed building. The word "normally" in connection with the indoor servicing requirement is intended to permit occasional installation of auto accessories (such as lamp globes and windshield wiper blades) outdoors.

Code Section: 223(f)

Subject:

Effective Date:

Interpretation:

See "Installation of auto accessories 4/96" in the Interpretations - Alphabetical

Code Section: 223(f), (g), (h)

Subject: Auto repair in RC Districts Effective Date: 8/89

Interpretation:

See Interpretation 209.8 Commercial uses in RC Districts

Code Section: 223(g)

Subject:

Effective Date:

Interpretation:

See "Installation of auto accessories 4/96" in the Interpretations - Alphabetical

Code Section: 223(h)

Subject:

Effective Date:

Interpretation:

See "Installation of auto accessories 4/96" in the Interpretations - Alphabetical

Code Section: 223(h), (i)

Subject: Automobile repair

Effective Date: 1/88

Interpretation:

These subsections describe where automobile repair is allowed in the C and M Districts. The dictionary definition of "automobiles" may include motorcycles; therefore, motorcycle repair is treated the same as automobile repair.

Code Section: 223(i)

Subject:

Effective Date:

Interpretation:

See "Installation of auto accessories 4/96" in the Interpretations - Alphabetical

Code Section: 223(l)

Subject: Towing operation, parking lot Effective Date: 4/88

Interpretation:

This Subsection describes where an open parking lot is allowed in the C and M Districts. A towing operation can qualify under this Section as a parking lot if there is no storage of inoperable vehicles except those which are temporarily inoperable awaiting repair within 48 hours.

Code Section: 223(q), (r), (u), (v)

Subject: Parcel delivery service, truck storage and truck terminal Effective Date: 1988

Interpretation:

These Subsections describe where the above uses are allowed in the C and M Districts. A question arose as to the distinction between these categories. A truck terminal could have dispatching and transfer activities while a truck storage use could not. A truck terminal could handle wholesale goods while parcel delivery would handle primarily retail or personal goods.

Code Section: 223(t)

Subject: Private lot for impounding cars

Effective Date: 12/87

Interpretation:

This Subsection describes where a storage garage for commercial passenger vehicles and light delivery trucks is allowed in the C and M Districts. This Section includes a private lot for storing private, "trespassing" automobiles towed from private parking lots.

Code Section: 223(u)

Subject: Storage of commercial vehicles

Effective Date: 1/86

Interpretation:

This Subsection describes where a storage yard for commercial passenger vehicles or trucks is allowed as a conditional use in the C-3-S District and as a permitted use in the C-M and M-1 and M-2 Districts when surrounded by a wall or concealing fence not less than six feet high. Storage in an open yard of large cargo containers which in turn are used to store recreation equipment and vehicles is considered to be a use covered by Section 223(u) with the same concealment conditions. This is slightly more restrictive than a wholesale storage use which is a permitted use in the C-3-S through M- 2 Districts.

Code Section: 224(c)

Subject: Cat boarding, where permitted Effective Date: 10/91

Interpretation:

This Section states that a commercial kennel, "dogs are boarded for compensationis first permitted in the C-M District. The question arose as to whether an establishment for boarding cats would fall within the commercial kennel category. It was noted that the description specifically mentioned dogs and only dogs. It was assumed that a commercial kennel was listed as a separate use rather than under general service category because they are sometimes outdoor uses and because of the more apparent smells and noise of dogs. Therefore a retail use which is primarily boarding of cats indoors is a general retail service.

Code Section: 225

Subject:

Effective Date:

Interpretation:

See Interpretation 305(a) Variance, when quantity is part of definition circa 1960's

Code Section: 225(c), (d)

Subject: Storage of inflammables Effective Date: 4/71

Interpretation:

Underground storage of inflammables is not prohibited by the limitation on warehouses in Section 225(c) so long as the installation is approved by the Fire Department.

Code Section: 226(a)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 226(b)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 226(c)

Subject: Coffee roasting as light food processing

Effective Date:

Interpretation:

See "Coffee roasting" in the Interpretations - Alphabetical

Code Section: 226(d)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 226(d)

Subject: Fish cleaning, where permitted

Effective Date: 1/88

Interpretation:

Outside of the Northern Waterfront Special Use Districts, fish cleaning in the form of cooking to remove bones from shark parts plus cutting and packaging the deboned meat for wholesale is an M-1 use under Section 226(d) (light industrial use not appearing below) rather than an M-2 use under Section 226(s) (live storage, killing and cleaning of poultry, etc.) and rather than under Section 226(w)(2). It is not closely analogous to subparagraph (s) since it does not involve live storage and it is not closely analogous to (w)(2) since it does not produce the same odors as does curing, smoking or drying fish.

Code Section: 226(h)

Subject: Marble cutting permitted

Effective Date: 2/87

Interpretation:

This Section lists a number of uses that are allowed in the M-1 and M-2 Districts if conducted indoors. It shall include a business that cuts marble to size or specification of the customer from rough slabs. The "stone or monument yard" per Section 225(m) does not allow cutting but Section 227(n) allows stone cutting with enclosure within a building.

Code Section: 226(r)

Subject:

Effective Date:

Interpretation:

See "Poultry, storage and sale of, killing of" in the Interpretations - Alphabetical

Code Section: 226(r)

Subject:

Effective Date:

Interpretation:

See "Live fish, sale, storage and/or killing of 8/96" in the Interpretations - Alphabetical

Code Section: 227(f)(2)

Subject: Heliports

Effective Date: 1/67

Interpretation:

This Paragraph describes where landing facilities for aircraft are permitted. Heliports are included as a "landing facility for aircraft."

Code Section: 227(h)

Subject: Wireless transmission facility

Effective Date: 4/70

Interpretation:

This Subsection describes where commercial wireless transmitting facilities are permitted. Studios for broadcasting and recording radio and television programs are regarded as offices, and NOT as a transmission facility under this subsection. An antenna on the studio building would be subject to this Section, however.

Code Section: 227(i)

Subject: Commercial wireless transmitting, receiving or relay facility

Effective Date: 11/97

Interpretation:

This Section requires conditional use authorization for all antennae that exceed the height limit or roof line of the building on the premises by more than 25 feet, whichever is less. The intent of this legislation was to protect view corridors that could be blocked by large rooftop antennae, such as satellite dishes etc. This legislation was not intended to apply to antennae that do not increase the height or bulk of buildings, such as flush-mounted antennae. Therefore, flushmounted antennae 25 feet above the height limit applicable to the subject site, but not exceeding the height of the noncomplying structure to which they are attached, do not require conditional use authorization.

Code Section: 227(p)

Subject: Living and working in C or M Districts Effective Date: 8/91

Interpretation:

Under the Planning Code, the essential difference between live/work units and dwelling units is the fact that live/work units are not subject to the same open area and parking requirements. In a planned unit development, these requirements are subject to modification anyway. Therefore, the work activity in units of a PUD where occupants both live and work need not be limited to arts activities since the units can be considered to be dwelling units and other activities permitted in that zoning district are allowed in dwellings. (See "Residential unit, other uses within 3/91" in the Interpretations - Alphabetical). Furthermore, in these districts, one can have a regular conditional use for dwellings meeting dwelling unit standards plus whatever work activity is allowed in that district. Neither of the above examples are actual live/work according to the Planning Code definition; they are dwelling units.

Code Section: 228.2(a)

Subject: Gas station conversions in redevelopment areas

Effective Date:

Interpretation:

This Subsection states that all conversions of gas stations require a conditional use authorization or permission from the Zoning Administrator. It says, "such authorizations shall be in addition to any other permit or authorization required for a proposed service station conversion under any applicable City, State or federal law or regulation." Regulations of the Planning Code apply to redevelopment areas unless the Planning Commission approves the redevelopment plan and agrees to its sovereignty within the redevelopment area concerning the issues covered by the redevelopment plan. In cases where a redevelopment plan calls for a type of development that could include a gas station, it could be argued that these conversion regulations apply. However, in cases where a redevelopment plan calls for a type of

development that clearly would not include the gas station in question, the conversion regulations of the Planning Code would not apply.

The City Attorney has also expressed an opinion that the gas station conversion regulations do not apply to City or Port property.

Code Section: 231

Subject: PDR Replacement using Integrated PDR

Effective Date: 5/09

Interpretation:

To help preserve viable industrial buildings and maintain PDR space and the character of PDR Districts, Section 231 requires that demolished industrial buildings in PDR Districts be replaced by buildings containing a specific minimum amount of new industrial uses. Section 231 was established as part of the Bayview Rezoning Process and does not account for Integrated PDR uses which were created along with the more recent Eastern Neighborhoods Plan. Integrated PDR uses, despite being generally considered industrial, contain less square footage specifically devoted to conventional PDR activities than traditional industrial uses. Accordingly, Integrated PDR will be allowed to satisfy the replacement PDR requirements of Section 231 only in cases where at least twice the square footage of Integrated PDR space is provided relative to what would be required if the replacement space were typical PDR space.

Code Section: 235

Subject: Supremacy of special use districts

Effective Date: 11/86

Interpretation:

This Section contains general provisions for special use districts. A general rule in dealing with the Planning Code has been that the most restrictive provision of the Code applies. This rule derives from the provision in Section 306.7(b) which states that the City may not approve anything that does not conform to both the existing rules and interim controls that have been imposed. Such circumstances are generally the only time when there can be an obvious conflict between provisions of the Planning Code itself. Such conflict does not exist between the underlying zoning district and a special use district because an underlying district governs unless modified by a special use district (SUD). SUDs are intended to modify the provisions of the underlying zoning to the extent and only to the extent stated in the special use district provision. This SUD supremacy rule applies even during the interim effect of a proposed more restrictive regular district for the same property. In that case, the more restrictive regulation does not apply. If a more restrictive SUD were adopted as an interim control for the same property already covered by an SUD, then the more restrictive provisions of each SUD would prevail.

Code Section: 236

Subject: Garment shop in the Chinatown Mixed Use Districts Effective Date: 12/90

Interpretation:

This Section notes the use districts in which garment shops in the Garment Shop Special Use District would be permitted subject to this Section. The Section fails to mention the Chinatown Mixed Use Districts. However, based upon Sections 810.71, 811.71, and 812.71 with their respective footnotes, light manufacturing, subject to this Section is permitted in the three Chinatown Mixed Use Districts.

Code Section: 240.2(e), 240.3(g)

Subject: Uses not screened from view

Effective Date: 12/74

Interpretation:

These Subsections require conditional use authorizations for uses not screened from view in Northern Waterfront Special Use Districts No. 2 and No. 3. Such requirement does not extend to general advertising signs.

Code Section: 240.2(g)

Subject: Open use screening, Northern Waterfront SUD Effective Date: 1988

Interpretation:

This Subsection requires all uses in the Northern Waterfront Special Use District to be screened from view from adjacent streets and other public areas but says that an exemption from this screening requirement may be granted through a conditional use authorization. Section 212 requires most uses to be enclosed within a building. The exemption through a conditional use authorized by Section 240.2(g) applies only to the screen requirement of that subsection and cannot be used to grant an exemption from the enclosure requirement of Section 212. An interpretation (212(a) 5/88) allowed pushcarts to be exempt from the enclosure requirement of Section 212 under certain circumstances and the procedure authorized by Subsection 240.2(g) to exempt uses from screening cannot be used to exempt pushcarts from screening because a condition of their being exempt from the enclosure requirement is that they be screened.

Code Section: 240.3

Subject: Bank money depository as principal use

Effective Date: 10/89

Interpretation:

There was a proposal to build a bank vault with offices for accounting clerks in the C-2 District in the Northern Waterfront SUD No. 3. The facility would not be open to the public. This facility would be permitted although not a retail service in the Northern Waterfront SUD No. 3 since it was analogous to wholesale use and the special use district allows wholesale and warehousing.

Code Section: 241

Subject: Dolores Heights

Effective Date: 4/86 & Revised 09/25

Interpretation:

This Section states that the required rear yard shall be 45 percent of the lot depth in the Dolores Heights Special Use District (SUD). The extension permitted by Section 136(c)(25) is not permitted in the Dolores Heights SUD. (This is a fairly long-standing interpretation and is based upon the Zoning Administrator’s understanding of the intent of the legislation.)

Code Section: 241(b)

Subject: Dolores Heights SUD, height limit

Effective Date: 8/90

Interpretation:

This Section states that the maximum height limit in the Dolores Heights SUD shall be 35 feet. Section 261(b)(1)(A) states that the maximum height for the RH-1 Districts shall be 35 feet but that the height limit shall be increased to 40 feet when the rear property line is 20 or more feet higher than the front property line. The Dolores Heights SUD rules have no such exception. The Dolores Heights SUD governs a more limited geographic area than does Section 261(b)(1). Most of the Dolores Heights SUD is zoned RH-1 and constitutes a small percentage of the RH-1 area of the City. Therefore the provisions of Section 241(b) are more specific than those of Section 261(b)(1). A general rule of law is that more specific regulations take precedence over less specific regulations. Therefore, the Dolores Heights height limits override those of Section 261(b)(1) in the Dolores Heights SUD.

Code Section: 242(e)

Subject: Bernal Heights - Height limits applicable to the rear of the property Effective Date: 08/09

Interpretation:

Section 242(e)(1) limits height at the rear of a building on a downsloping lot such that the last eight feet of length cannot exceed 32 feet above grade. This section further limits the obstructions allowed within this height limit. A question arose whether an architectural feature such as a sunshade could be allowed to project over the 32 foot height limit. The height restriction is analogous to the requirement of a chamfer under Planning Code Section 262(c)1. Through interpretation the Zoning Administrator has allowed minor architectural features within this chamfer, since it was not the intent of the Code to impose an architecturally rigid constraint that would restrict minor architectural elements. Furthermore, architectural elements are permitted to project within certain setback areas. Given this precedent, the Zoning Administrator determines that minor architectural features shall be permitted above the 32 foot height limit noted above, and further references the previous interpretation of Code Section 261(c)1 in making this new interpretation. For said features, the obstructions permitted shall be limited to the dimensions of architectural obstructions within setbacks, as noted under Planning Code Section 136(c)3.

Code Section: 242(e)(1)

Subject: Bernal Heights SUD height limits Effective Date: 5/92

Interpretation:

This Section states, "No portion of a dwelling...shall exceed a height of 30 feet except as provided below." The method of height measurement for sloped roofs presented in Section 260(a)(2) would apply to this SUD despite the fact that, unlike other sections dealing with height limits, the language quoted above uses the term, "no portion."

Code Section: 242(e)(2)(C)

Subject: Bernal Heights SUD rear yard averaging Effective Date: /95

Interpretation:

This Subparagraph states that a building may intrude into the required rear yard to the extent that an adjacent building intrudes provided the intrusion is no wider than half the width of the lot and placed in such a manner that the Zoning Administrator determines provides optimal light and air to the subject and adjacent properties and provided, "the coverage resulting from the intrusion must be offset by other-wise permitted coverage." The offset referred to is an amount of unbuilt area located in the buildable area at the rear of the building which unbuilt area is equal to the area of the intrusion. This subparagraph does not indicate whether the unbuilt area must extend from the ground. Normally, Code provisions apply only to new construction. Therefore, a second-story addition may take advantage of this averaging rule by providing a compensating setback at the rear of the second story even though the legally existing first floor does not provide this compensation.

Code Section: 242(e)(2)(C)(i)

Subject: Bernal Heights, rear yard, lots adjoining vacant lots Effective Date: 4/94

Interpretation:

This Section allows portions of buildings in the residential districts of the Bernal Heights Special Use District (SUD) to extend to the depth of the deepest adjacent building but only on the half of the subject lot next to the deepest building. The

question arose about what rear yard reduction rules apply if the adjacent lot is vacant. In regular residential districts with a 45 percent rear yard requirement, an adjacent vacant lot may be counted in averaging the rear yard on a subject lot. However, the Bernal Heights SUD rear yard reduction language says, "A building may intrude into the required rear yard up to the extent that an adjacent building intrudes." Since the reduction rule is in effect only if there is an actual adjacent building that intrudes into the rear yard, a vacant lot will not allow the subject building to extend further on the half of the lot next to the vacant lot.

Code Section: 242(e)(2)(C)(ii)

Subject: Rear yard requirement in Bernal Heights SUD

Effective Date: 6/92

Interpretation:

This Paragraph should read, "Any part of a front setback exceeding five feet may be applied to the amount required for satisfying the required rear yard requirement." The underlined word does not appear in the legislation but the intent was that it should.

Code Section: 242(e)(4)

Subject: Bernal Heights SUD parking requirement Effective Date: 8/91

Interpretation:

This Paragraph requires parking in the Bernal Heights Special Use District based upon the amount of "usable floor area" built or added to a building. The definition of "usable floor area" (any floor area with five feet or more clearance ) in Subsection 242(d) includes floor area that may not be considered habitable under the Building Code. Parking will not be required if such floor area is converted to habitable space because this space had already been counted as usable floor area and not added by conversion. If a project also includes the construction of additional floor space or the conversion of floor space formerly having less than five feet clearance, there would be an addition of usable floor area and may be subject to additional parking pursuant to the chart and provisions of this paragraph.

Code Section: 242(e)(4)

Subject: Bernal Heights SUD parking requirement

Effective Date: 11/96

Interpretation:

This Paragraph requires parking in the Bernal Heights Special Use District based upon the amount of usable floor area built or added to a building. There is nothing in this paragraph nor in its superior subsection or section that indicates that the parking provisions apply only to dwellings and not to other uses allowed in the RH Districts. However, from the Zoning Administrator's participation in the discussions leading to the legislation, it is clear that the parking provisions were intended to apply only to dwellings. Therefore, uses other than dwellings in the Bernal Heights Special Use District shall be required to provide parking according to Table 151.

Code Section: 243(c)(4)

Subject: Van Ness Avenue Special Sign District

Effective Date: 8/90

Interpretation:

This Section references the Van Ness Avenue Special Sign District which was not mapped. The legislative intent was to map the sign district to be coterminous with the Van Ness Avenue Special Use District and that will be the way this Section and Section 607.3 will be administered until such time as the legislative oversight can be corrected.

Code Section: 249

Subject:

Effective Date:

Interpretation:

See "Sunset clause, effect on corresponding mapped district 11/96" in the Interpretations - Alphabetical

Code Section: 249.1(b)(4)

Subject: Nonconforming uses in the Rincon Hill SUD

Effective Date: 12/93

Interpretation:

This Paragraph states that the provisions of Section 182(b) shall not apply to nonconforming uses in the Rincon Hill Special Use District. Section 182(b) states that NCUs may be reduced in size, extent or intensity, or changed to a use that is more widely permitted. In the absence of such authorization, an NCU in the Rincon Hill SUD could only continue as the same use (see Interpretation 101.1, Change in use defined /95) or change to a conforming use. Paragraph 249.1(c)(1) discloses the permitted uses for the Rincon Hill Residential Subdistrict and Paragraph 249.1(d) discloses the permitted uses for the Commercial/Industrial Subdistrict.

Code Section: 249.5(c)(4)

Subject: What is "hotel" in North of Market Residential SUD? Effective Date: 1994

Interpretation:

This Paragraph disallows a hotel in the North of Market Residential Special Use District. A situation that meets the definition of group housing under the Planning Code might be called a "residential hotel" by Administrative Code, Chapter 41, the hotel conversion legislation administered by the Department of Building Inspection and may be on that Department's list of units that must be retained as residential units or on their list of units that could be converted to transient units. Nevertheless, such use would still be treated as group housing in the administration of this Planning Code paragraph and therefore, could not be converted to hotel use whether or not authorized by Administrative Code Chapter 41.

Code Section: 260

Subject: Solar Panels (Energy Systems)

Effective Date: 1/07

Interpretation:

In 2004, the State passed legislation restricting local government review of applications to install solar panels to health and safety requirements. Government Code Section 65850.5(b): "A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install a solar energy system shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to

those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety . . ."

Additionally, Government Code Section 65850.5(a) specifically speaks to design review for aesthetic purposes, stating, "It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes . . ."

The definition of "solar energy systems" is found in Civil Code Section 801.5, which state: "'solar energy system' means either of the following: (1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. (2) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating."

Where a project involves more than the installation of a solar energy system or where the installation of the solar energy system would require alterations to the building greater than normally required to install a solar energy system, the City would review the project for more than just health and safety purposes because such work would be beyond the scope of installing a solar energy system.

Thus, under state law, applications to install a solar energy system must be approved administratively after review to determine whether the application meets health and safety standards, even if the solar energy system exceeds the applicable height limit or is on an architecturally significant building, unless there is removal or modification to the building beyond that normally required to install a solar energy system.

Code Section: 260(a)

Subject: Method of height measurement

Effective Date:

Interpretation:

See Interpretation 261(b)(2)

Code Section: 260(a)(2)

Subject: Height limits, measurement

Effective Date: 9/90

Interpretation:

See Interpretation 136(c)(22), (23)

Code Section: 260(a)(2)

Subject: Measurement of curved roof Effective Date: 2/87

Interpretation:

This Paragraph contains provisions for determining the upper point to which height shall be measured and says that a pitched roof or "similarly sculptured roof form" shall be measured to its midrise. A curved roof is such "similarly sculptured roof form." In the case where the top portion of a curved roof consisted of a skylight, the skylight is discounted because it is a feature that is exempt from the height limit. Rather, the top of the roof was considered to be the highest extent of the roof before the skylight began and the bottom of the roof was measured from where the building form began its upward and inward curve. Since the top 10 feet of a skylight is exempt from the height limit, the lower point of the skylight exemption measurement must be at this midpoint. Therefore, if the building were built to the maximum height limit, the top of the skylight could be no more than 10 feet above this midrise point.

Code Section: 260(a)(2)

Subject: Pitched roof, height measurement

Effective Date: 8/88

Interpretation:

This Section indicates that the height limit of a pitched roof is measured at the midrise of the roof. A roof that is simply a false front, however cannot be considered a pitched roof but rather an ornamental or symbolic feature which is exempt from the height limits only for public or religious buildings. Such building's height would be based upon the actual, weather roof.

Code Section: 260(a)(2)

Subject: Height measurement of pitched roof Effective Date: 12/90

Interpretation:

This Section states that the height of a pitched roof will be its average height. This has been taken to be the "mid-rise" of the roof. The term is further clarified to be an elevation midway between the ridge and the point where the roof meets the wall rather than midway between the ridge and the eave line. Using the eave line as a reference would discourage roof overhangs.

Code Section: 260(a)(2)

Subject: Measurement of pitched roof Effective Date: 6/96 (Revised 3/21)

Interpretation:

This Paragraph says that a pitched roof shall be measured to its midrise. This method of measurement could encourage buildings to be built that have higher roofs than would otherwise be designed in order to maximize the floor area and market potential. This could be done by placing habitable floors within the building volume above the eave line using dormer windows, skylights, or windows on walls surrounded by the pitch of the roof. To neutralize this tendency, in cases where habitable floors occupy the area above the eave line, the point that is the minimum legal ceiling height for occupancy per the Building Code shall be used as a guideline to determine the location of the bottom of the roof for purposes of this paragraph. Additionally, any portion of a building that is legally nonconforming as to height may be occupied by a use that is otherwise permitted.

Code Section: 260(b)

Subject: Height exemptions

Effective Date:

Interpretation:

See Interpretations 261(b)(2) and 261(c)(1)

Code Section: 260(b)

Subject: Height limit exception, fill-ins Effective Date: 7/90

Interpretation:

This Section lists exceptions to the height limit. It does not include the extension of the floor area of a habitable penthouse to the edge of the existing roof overhang of that penthouse. When we have allowed fill-ins under noncomplying rooms protruding into a required rear yard, we have limited such fill-in to the lower 10 feet so that policy does not allow this situation either.

Code Section: 260(b)(1)

Subject: Height Exemptions Effective Date: 03/23

Interpretation:

This section allows the Zoning Administrator to grant a height exemption for an elevator penthouse for a building with a height limit of more than 65 feet when it’s found that that such an exemption is required to meet state or federal laws or regulations. The building at 655 Montgomery Street extends higher than its height limit and presented a case where an existing Building Maintenance Unit (BMU) needed to be replaced, but state regulations required a larger BMU to safely service the building. Therefore, it was determined that the Zoning Administrator height exemption of Section 260(b)(1) shall be expanded to also include BMUs.

Code Section: 260(b)(1)(A)

Subject: Height limits, measurement Effective Date: 2/86

Interpretation:

This Provision exempts, to some degree, mechanical equipment including solar panels and similar features from the height limit. Section 188 provides that a noncomplying building may be enlarged only if there is no increase in discrepancy or any new discrepancy. Therefore, solar panels located on a noncomplying roof may exceed the height indicated in this exemption if laying flat on such roof or below the top of parapets which surround by 360 degrees. The parapets will define the outer limits of the noncomplying building's height envelope, so new features screened by them will remain in the envelope and will not constitute an increase in discrepancy.

Code Section: 260(b)(1)(B)

Subject: Stair penthouse exempt from height limit

Effective Date: 10/89

Interpretation:

This Section states that elevator and stair penthouses are exempt from the height limits within certain stated limits. Exempted penthouses shall not include any usable floor area. To be exempt, it can include only the stairs or elevator equipment.

Code Section: 260(b)(1)(B)

Subject: Height limit exceptions, penthouse

Effective Date: 3/90

Interpretation:

This Section allows mechanical and stair penthouses to extend 10 feet over a 65-foot or less height limit or 16 feet over a higher height limit. Height limits are normally measured to the midrise of a sloped roof. The additional height limit of this feature must be measured to the top-most point of the feature rather than to the midrise of its sloping roof.

Code Section: 260(b)(1)(E)

Subject: Bathrooms Above the Height Limit

Effective Date: 3/21

Interpretation:

This Section exempts enclosed space related to the recreational use of the roof not to exceed 16 feet in height. The question arose as to whether a bathroom at the roof level associated either with residential open space or a PrivatelyOwned Public Open Space (POPOS) would fall under this provision. Bathrooms are permitted under this provision only when “related to the recreational use” of the roof (e.g., POPOS, residential open space, etc.) Bathrooms are not permitted as part of a commercial enterprise (e.g., rooftop restaurant/bar/event space, office building, etc.).

Code Section: 261(b)(1)

Subject: Applicability to Dolores Heights SUD

Effective Date:

Interpretation:

See Interpretation 241(b)

Code Section: 261(b)(2)

Subject: Height limit in the RH-2 District

Effective Date: 12/87

Interpretation:

This Paragraph imposes in certain zoning districts, special height limits not imposed by the mapped height limits. The paragraph begins by stating, " No portion of a dwelling in any RH-2 District shall exceed a height of 40 feet,..." [emphasis added]. Such language should not be taken to exclude applying to the RH-2 District the height exceptions or the method of measurement of a sloped roof in Section 260.

Code Section: 261(b)(2)

Subject: Height measurement on hilly lots

Effective Date: 7/91

Interpretation:

This Provision states that the permitted height of a dwelling in an RH-2 District shall be reduced to 35 feet when the rear property line is 20 feet or more lower than the front property line. This reduction shall not apply however, when the buildable depth of such lot is up sloping.

Code Section: 261(c)(1)

Subject: Additional height limits, exemptions from

Effective Date: 2/87

Interpretation:

This Paragraph imposes a special height limit to the front of dwellings in certain zoning districts, under certain circumstances. The exemptions from the height limits listed in Section 260(b) also apply to the special height limit that is prescribed by this Section for the front of the buildable area.

Code Section: 261(c)(1)

Subject: Height limits applicable to the front portion of the property Effective Date: 01/06

Interpretation:

Section 261(c)(1) limits heights at the front set back or front property line in RH-1 and RH-2 districts to a maximum of 30 feet, stepping back at a 45 degree angle to the full height limit permitted on the affected parcel. (See Figure 1)

A question has persisted as to whether this is an absolute limit on any portion of the structure, or if it allows features or portions of a building to project above this limit so long as: a) its height, as defined under the Code does not exceed the limitation, or b) it is a feature exempted from height limits per 260(b). The former category (a) would include things such as sloped or articulated roofs that are measured at the midpoint rather than the top of the roof. The latter category potentially includes a number of items including minor features, such as parapets and railings etc., up to larger structures such as mechanical equipment, stair penthouses and similar features.

empted from height limits per 260(b). The former category (a) would include things such as sloped or articulated roofs that are measured at the midpoint rather than the top of the roof. The latter category potentially includes a number of items including minor features, such as parapets and railings etc., up to larger structures such as mechanical equipment, stair penthouses and similar features.

The Zoning Administrator has determined that it is the intent of the Code to provide for an appropriate stepping back of building facade from its frontage to full height, not to impose an artificially rigid contraint on building design at this bevel or chamfer. Minor architectural features such as sculpted roofs or parapets would allow a well designed transition from the front setback to full height consistent with the intent of the Code. Major structural components, such as mechanical penthouses would not contribute to an appropriate transition and would not accomplish the intent of the Code. Therefore the Zoning Administrator has determined that height of a building as defined in the Code would apply to this Section. Features that do not exceed the limitation based on height as defined in the Code would be permitted.

For features otherwise exempt from the height limit, the Zoning Administrator has determined that features that could be considered minor architectural elements would also be permitted, e.g. parapets or railing. Features that are larger of more substantial than parapets would not be permitted under this Section.

Code Section: 261(c)(2)

Subject: Definition of adjacent lot/building

Effective Date: 6/84

Interpretation:

This Paragraph allows an exception to the height limit applicable to front of properties in the RH-1 and RH-2 Districts and bases the exception upon the heights of the two adjacent buildings, which it defines as "building[s] on a lot adjoining the subject lot along a side lot line." An adjacent building on a lot adjoining the subject lot along a side lot line means that the side lot line referred to is the side lot line of the subject lot. The situation which is intended to be referenced is the same as that described by Section 134(c)(4)(B) and Section 132(d)(2) which exclude buildings fronting on another street or alley. Since all these Sections have the same rationale, to maintain equivalent building envelopes on the same street frontage, it is logical to use the same method for determining an adjacent lot or building.

Code Section: 261.1

Subject: Additional Height Limits for Narrow Streets and Alleys Effective Date: 3/21

Interpretation:

This Section regulates development patterns and setbacks for properties abutting narrow streets. The Code diagram represents a scenario where the street/alley is an improved right-of-way that is generally flat and running perpendicular to the subject property line. A question arose in a case where the street/alley is unimproved and sloped in multiple directions. This interpretation clarifies that:

his Section regulates development patterns and setbacks for properties abutting narrow streets. The Code diagram represents a scenario where the street/alley is an improved right-of-way that is generally flat and running perpendicular to the subject property line. A question arose in a case where the street/alley is unimproved and sloped in multiple directions. This interpretation clarifies that:

• Where the street or alley is unimproved, the base datum for measurement of the 45-degree angle will be taken literally directly opposite of the subject property line, at a distance that corresponds with where the opposite property line begins, but at the same elevation as the point taken from the subject property, as though it were a level, improved right-of-way; - Where a property subject to this provision has a laterally sloping frontage, the base datum measurement shall follow the same provisions for measuring height on laterally sloping lots as described in Section 260(a)(3), except that these provisions will apply even in height districts above 65 feet.

Code Section: 261.1(d)(4)

Subject: Narrow Streets Provisions for Mid-Block Passages

Effective Date: 3/21

Interpretation:

This section contains two slightly conflicting subsections. Subsection (A) applies to passages between 20 and 30 feet wide, and Subsection (B) applies to passages between 30 and 40 feet wide. Because 30 feet is called out in both subsections, the question arose of which subsection applies to a passage that is exactly 30 feet wide.

Relying on the general principle that the more restrictive control applies when there are conflicting provisions, a 30-foot wide passage is subject to the controls of Subsection (A) because it requires a larger setback and at a lower height. The controls of Subsection (B) apply to any passage greater than 30 feet, but no greater than 40 feet in width.

Code Section: 270

Subject: Bulk limits applied to bay windows Effective Date:

Interpretation:

See Interpretation 136(c)(2), (3)

Code Section: 270

Subject: Bulk measurement, balconies and bays

Effective Date:

Interpretation:

See Interpretation 102.area, gross" . . . . “Floor area, gross”

Code Section: 270

Subject: Measurement of Bulk and Plan Dimensions Effective Date: 03/23

Interpretation:

See Interpretation 102 and 270

Code Section: 302(c)

Subject: Reclassification action other than that applied for

Effective Date: 3/70

Interpretation:

Where a certain reclassification is applied for and advertised, the Commission can approve only those alternative reclassifications that were fairly within the scope of what was asked for. For example, if RH-1 to RH-3 is requested,

RH-1 to RH-2 can be approved but RH-1 to RH-4 cannot be approved. Rezoning in the reverse direction follows the same rule. If RH-3 to C-2 is requested, RM-4 CANNOT be approved if C-2 would not have permitted as high a density. Such district substitution matters must be considered carefully to determine which alternatives may allow different conditions that could be unfavorable to surrounding properties. Hearing notices should announce the feasible alternative districts and what they would permit.

Code Section: 303(d)

Subject: Abandonment of conditional use

Effective Date: 4/83

Interpretation:

This Subsection states that, unless a time is specified as a condition, any exercise of a conditional use authorization must commence within a reasonable time. Three years was chosen as a reasonable time in the absence of a time specified because this reflected the abandonment period for nonconforming uses under Section 183. However, a building permit for a conditionally permitted use may be approved without another conditional use authorization to replace the same category of use, even though the former use has been gone for more than three years where the applicant has tried diligently to get proper permits to continue the use within the three-year period and was unable to do so due to unusual circumstances. A decision about what constitutes a reasonable time could be appealed to the Board of Appeals on a case-by-case basis.

Code Section: 303(e)

Subject: Modifications of conditions

Effective Date: 8/96

Interpretation:

All conditional use authorizations with a condition of approval that attaches the CU to a particular person, rather than the subject property, and is nontransferable shall be considered valid and transferable with regard to subsequent property owners or otherwise, precluding that all other conditions are still fulfilled. This modification to all CU's that include such a condition shall not be subject to Section 303(e) and/or Section 174 of the Code and therefore, will not be subject to the same procedures as a new conditional use.

Code Section: 303.1

Subject: Formula Retail Thresholds

Effective Date: 07/09 (Moved and Revised 03/23)

Interpretation:

This section of the Code defines formula retail uses as a type of retail activity “along with eleven or more other retail sales establishments located in the United States” that maintains two or more characteristics listed in this section. A question was raised whether it is the eleventh or the twelfth establishment that triggers the formula retail requirement for approval of a Conditional Use Authorization. It was determined that a Conditional Use Authorization is required for the twelfth establishment.

Code Section: 304

Subject: Planned unit developments, elderly housing density

Effective Date: 2/88

Interpretation:

See Interpretation 209.1(m) Elderly /handicapped density in a planned unit development

Code Section: 304(b)

Subject: Nature of PUD site

Effective Date: 12/90

Interpretation:

This Section states that a PUD site must be at least ½ acre in size. A PUD site can be separated by an existing street only if at least one contiguous parcel is ½ acre in size. If a PUD site is thus separated, the area of the entire site can count for calculating the residential density and all these dwelling units could be located on one of the separated portions.

Code Section: 304(b)

Subject: Planned Unit Development, minimum size

Effective Date: 4/95

Interpretation:

This Section states that, to qualify as a PUD, a site must consist of a minimum of ½ acre if it is not in a redevelopment area. The question was whether a parcel under this size limit could be part of a conforming PUD site to which it is not contiguous. On this date, a longstanding undocumented policy was confirmed that all portions of a PUD site must be contiguous to make the size requirement but other parcels may be attached to a conforming PUD site if they would be contiguous to that site save for the intervention of a street.

Code Section: 304(d)(4)

Subject: PUD density limits

Effective Date: 1/87

Interpretation:

It was clarified that the "density that would be allowed ... for a district permitting a greater density" refers to the density that could be allowed by a conditional use authorization for that more intense district. Therefore the density of a PUD in an RH-1 District would be one unit less than one per 1,500 square feet, the potential density of the RH-2 District with a regular (non-PUD) conditional use or double that for elderly/handicapped housing per Section 209.1(m)]. [See also Interpretation 209.1(m) 2/86.]

Code Sections: 304, 606(c)(3)

Subject: Signs for Planned Unit Developments (PUD) in R districts Effective Date: 12/06

Interpretation:

Section 304 of the Planning Code which authorizes Planned Unit Developments also allows in R Districts, " commercial uses only to the extent that such uses are necessary to serve residents of the immediate vicinity, subject to the limitations for NC-1 Districts under this Code." However, the section is silent regarding the extent of signage permitted for such uses. The Code allows very limited signage for uses permitted in R districts, such as existing nonconforming commercial uses. The Zoning Administrator has determined that it is not consistent with the intent of the code to authorize new commercial uses in residential PUDs as allowed per the NC-1 districts and then severely limit their allowable signage. Since the code allows NC-1 uses in these cases, it was deemed appropriate that the signage limitations of the NC-1 districts also should apply to such uses.

Code Section: 305

Subject: Effective Date: 9/94

Interpretation:

See Interpretation 134 Rear yard, fill in

Code Section: 305(a)

Subject: Variance, generally not applicable to Article 2 circa 1960's

Effective Date:

Interpretation:

This Subsection states that variances can be granted from quantitative standards of the Code. It goes on to state that no variance may be granted in whole or in part that would permit any use, any height or bulk or any sign not otherwise permitted. Uses, height and bulk are all found in Article 2 of the Code. Therefore, a Zoning Administrator policy has been in effect for decades that made any provision of Article 2 off limits to the variance procedure. However, as special use districts were added to Article 2 which contained the kind of quantitative standards typical of Articles 1, 1.2 and 1.5, these quantitative standards were made subject to the variance procedure as well. Nevertheless, all the provisions of Article 2 other than the quantitative standards of special use districts shall remain beyond the authority of the variance procedures to modify.

Code Section: 305(a)

Subject: Variance, when quantity is part of definition

Effective Date: circa 1960's

Interpretation:

Any quantitative standard that is essentially part of a definition rather than a standard by itself, shall not be variable although it may be associated with a standard that is variable. For example, the minimum area of a parking stall is not variable but the number of off-street parking stalls is. Also, the height of a fence encroaching in a rear yard is not variable but the rear yard requirement is.

A feature may have a quantitative standard that cannot be varied because it is part of the definition of a use. There are a number of uses (especially in Section 225) whose permitted establishment in certain districts is predicated upon their being concealed behind a fence or wall. In the absence of such concealing fence, most of these uses would still be allowed in certain less restrictive districts. This subsection prohibits the granting of a variance which would have an effect substantially equivalent to a reclassification of property, or which would permit any use not expressly permitted by the provisions of the Code. The presence or height of the wall described cannot be varied because it is essentially part of the definition of a use, is a requirement of Article 2 (see Interpretation 305(a) circa 1960's) and the effect of a variance would be to allow a use in certain districts where they would not otherwise be allowed. (See also Interpretation 136(c) 10/88.)

Code Section: 305(a)

Subject: Variance, extent of authorization Effective Date: 12/64

Interpretation:

This Subsection states that the Zoning Administrator shall have the power to grant variances only to the extent necessary to overcome such practical difficulty or unnecessary hardship as may be established in accordance with the provisions of this Section. Once a variance is granted, there is a period of time during which construction must begin. The question arose as to what happens if the Code requirements change before such construction begins. When a variance is granted, it is granted only for the provisions of the Planning Code specifically covered by the variance. Even though development is

d in accordance with the provisions of this Section. Once a variance is granted, there is a period of time during which construction must begin. The question arose as to what happens if the Code requirements change before such construction begins. When a variance is granted, it is granted only for the provisions of the Planning Code specifically covered by the variance. Even though development is

to be according to a specific plan filed with the application, if the relevant Code provisions are later changed so as to be MORE restrictive before the variance authorization is acted upon, the more restrictive new provisions, from which no variance was granted, shall apply. Where new Code provisions are LESS restrictive from former provisions in effect when the variance was granted, the new, less restrictive provisions shall apply UNLESS: (1) The more restrictive old provisions were specifically made conditions of the variance, or (2) The variance authorization required standards more restrictive than those contained in either the old or the new Code provisions, or (3) (In appropriate cases) the more restrictive old standard seems directly material to the variance authorization.

Code Section: 305(a)

Subject: Can variances be sought when there are other methods for the exception Effective Date: 12/2001

Interpretation:

Section 305(a) states, "No variance shall be granted in whole or in partwhich would grant a privilege for which a conditional use procedure is provided by this Code." Since this Section of the Code was written before Downtown, the Neighborhood Commercial and the Mixed Use Controls, this restriction should also apply to exceptions and any other "privilege" or entitlement granted by the Planning Commission, since such entitlements provide a Code-complying alternative to seeking a variance.

For example, if a proposed project for a property located in a C-3 District would require either a rear yard variance from the requirements of Section 134 under Section 305 OR an exception to under Section 309 as permitted by Section 134, the applicant should not have the option of applying for the variance, even though seeking the variance instead of the exception may negate the need for a Planning Commission hearing. In such case, there is the ability to apply for an exception under Section 309 which could be granted by the Planning Commission, and pursuant to such an approval, the project would then actually be Code-complying and not require a variance. If, however, it is clearly evident that the criteria for granting a given exception do not apply (i.e. the exception is only available for corner lots, and this is an interior lot), then the applicant would be able to seek a variance instead.

Code Section: 305(c)

Subject: "Under 10 percent" variances for parking

Effective Date: 6/70

Interpretation:

This Subsection states that the Zoning Administrator may choose not to have a public hearing before making a determination on a variance for a proposal that would deviate from the Code standard by less than 10 percent. In the case of the one-for-one parking requirement for dwellings, there can be no "under 10 percent" variances, since the requirement applies to each dwelling unit separately rather than as a ratio to total dwelling units.

Code Section: 306.3(b)(2)

Subject: Thirty-acre notification provision Effective Date: 1/97

Interpretation:

This Paragraph states that when a map amendment is to reclassify an area greater than 30 acres, some exception to the notification procedure is allowed but it is unclear how the exception differs from the rule. This is because the "rule" is not in the Code. It has been the practice to individually describe in the notice, each lot proposed for reclassification. When very large areas are proposed for reclassification it is unreasonable to list each individual lot affected. Nevertheless, it was thought that the practice of doing so had been so long-standing and consistent as to have the effect of law and that

legislation was necessary to legally vary from the practice. This paragraph resulted but failed to offer any explanation of the practice from which an exception was being provided.

Code Section: 307(g)

Subject: Relief from parking standards in Mixed Use Districts.

Effective Date: 1/91

Interpretation:

This Paragraph states that the Zoning Administrator may grant relief from the parking "standards" for uses within the Mixed Use Districts. While it was anticipated that such standard would be the requirement to provide parking, one such standard is also the prohibition in Section 204.2 against providing more than the accessory amount of parking. The Zoning Administrator, acting pursuant to this paragraph, could allow more than the accessory amount of parking.

Code Section: 308.1

Subject: Applicant's appeal of a condition of approval Effective Date: 8/96

Interpretation:

This Section provides that Commission action on a conditional use can be appealed to the Board of Supervisors. It states that the appeal must have the consent of the owners of at least 20 percent of the property affected and states that when a proposed conditional use is disapproved by the Commission, the property affected shall be the property that is subject to the conditional use application and the property within 300 feet of the subject property. The property affected is considered differently if the application is approved. When one or more of the conditions attached to an approval is appealed by the applicant, it is the same as appealing a disapproval.

Code Section: 311

Subject: Demolition, replacement

Effective Date: 4/96 & Moved from related interpretation in alphabetical section 1/26

Interpretation:

Pursuant to Planning Code provisions, demolition or conversion to another use of a dwelling unit (apartment) in some districts, is either prohibited or requires conditional use authorization from the City Planning Commission. For Residential Districts, the Code states that a permit to demolish a residence cannot be issued until the replacement structure is approved. However, vacant lots anywhere in the City reduce the tax base, can harm the local economy by reducing the locations available for potential businesses, can be unsightly, can lower surrounding property values and can present a public health and safety hazard. Therefore, a permit to demolish a building anywhere in the City shall not be approved by the Planning Department until the replacement structure is also approved unless the Zoning Administrator finds that the public health, safety, and welfare would be jeopardized if the building remained.

Code Section: 311(b) (4)

Subject: Definition of Alteration for the Purpose of Section 311

Effective Date: 3/96 Revised 1/14 & 1/26; Consolidated with related interpretations of Section 311 1/26

Interpretation:

This subsection states that for the purposes of Section 311, an “alteration” is defined as an increase to the exterior dimensions of a building except those features listed in Section 136(c)(1) through 136(c)(26), regardless of whether the feature is located in a required setback. Other than obstructions permitted by Section 136(c)(25), the Section 136 features

referenced are minor additions, representing relatively small or no building volume, or are visually hidden by existing features such as parapets, etc. The following other features that do not increase the “envelope” of a building or other minor features listed below are not considered an “alteration” for the purpose of Section 311 and are therefore exempt from notification. These exemptions refer only to the initial notification of a planning entitlement application required by Section 311. They do not exempt notification of parties for any public hearing to consider the project.

Because many building features listed in Section 260 are similar to the exemptions of Section 136, certain Section 260 features are also exempt from the definition of alteration. They are:

(1) Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structures itself, including chimneys, ventilators, plumbing vent stacks, panels or devices for the collection of solar or wind energy and window-washing equipment, together with visual screening for any such features.

• (2) Skylights unless they are large, or a size that effectively increases ceiling heights and building volumes.

• (3) Stage and scenery lofts if they are part of a project that has recently required notice under conditional use authorization.

(4) Ornamental and symbolic features of public and religious buildings and structures, including towers, spires, cupolas, belfries and domes, if they are part of a project that has recently required notice under conditional use authorization. NOTE: Items 3 and 4 would probably never occur in residential buildings. They are listed to illustrate the kind of features that would be exempt.

• (5) Railings, parapets and catwalks, with a maximum height of four feet.

• (6) Open railings, catwalks and fire escapes required by law, wherever situated.

• (7) Unenclosed seating areas limited to tables, chairs and benches and associated open railings up to 42 inches high.

• (8) Flagpoles and flags, clothes poles and clotheslines, and weather vanes.

• (9) Radio and television antennae where permitted as accessory uses if less than three meters in diameter.

Dormers: A dormer is usually a gabled extension of an attic room through a sloping roof to allow for a vertical window opening into the room. Dormer windows tend to serve two purposes: (1) to allow light and ventilation by incorporating vertical windows into a roof structure, and (2) to increase occupiable floor area by raising the vertical clearance of a room. Dormers are not considered an “alteration” when they, along with all other features exempt from the height limit and notification on a building collectively do not exceed 20 percent of the roof area; and when each dormer is limited to a plan dimension of eight feet by eight feet, is setback at least three feet from the side property line and 10 feet from the front building wall, is separated by at least three feet from other dormers, and, at its highest point is no higher than the peak of the roof nor 10 feet above the height limit, whichever point is lower.

“Fill-ins”: The filling in of the open area under a cantilevered room or room built on columns only if the height of the open area under the room does not exceed one story or 12 feet. This does not apply to space immediately under a deck nor to space under a room constructed without required authorization.

“Upper floor fill-ins”: The filling in of an open area on the upper level of a building only when this open area has a roof and is walled in on three sides, typically a balcony.

“Not visible”: Anything not visible from any off-site land or structure.

Required egress stair replacement: A stairway conforming to Section 136(c)(14) is not considered an “alteration” for the purpose of Section 311(b)(4). Therefore, a replacement stairway that is required by the Building Code for egress is also not considered an “alteration,” if it is larger than the stairway it replaces only to the degree required by the Building Code and if the location and coverage are as close as possible to the replaced stairway. This shall not apply if the replacement stairway includes a fire wall, unless the fire wall in its entirety adjoins a blank wall or is no higher than a permitted fence, or if the replaced stairway included a firewall of equal size to the new firewall.

ay it replaces only to the degree required by the Building Code and if the location and coverage are as close as possible to the replaced stairway. This shall not apply if the replacement stairway includes a fire wall, unless the fire wall in its entirety adjoins a blank wall or is no higher than a permitted fence, or if the replaced stairway included a firewall of equal size to the new firewall.

Exact or smaller replacement: The replacement of a legally existing structure, feature, or portion of a building with that of a structure or feature that is the same size or smaller provided the replacement structure or feature is within the same footprint and envelope as the structure, feature, or portion removed and the removal and replacement are approved at the same time.

Decks: Decks that are 1) cantilevered and not supported by columns or walls other than the building wall to which they are attached, or 2) fit within the envelope of the permitted obstruction described in Section 136(c)(25).

Firewall: Firewalls at grade level that meet the parameters of a permitted obstruction pursuant Section 136, such as a fence per Section 136(c)(19).

Code Section: 311(b)

Subject: Lightwell infills and 311 Notification

Effective Date: 9/02 & Revised 1/26

Interpretation:

For lightwell infills in any district subject to Section 311, regardless of location within or outside the Priority Equity Geographies Special Use District: if the plans (and accompanying photos, if necessary) clearly establish that the infill is against a blank neighboring wall and not visible from any off-site location, it is approvable over the counter with no 311 notification.

If the proposed lightwell infill is visible only from an adjacent property, i.e. it faces a matching lightwell or equivalent, the applicant must either: submit a set of reduced plans signed by adjacent owner/occupants; or, submit the plans with labels for owner/occupant (of that adjacent party). A "10 day" letter, similar to those provide for Block Book Notifications would be sent to the affected owner/occupants to allow them an opportunity to voice any concerns.

If the proposed lightwell infill is visible from any off-site location other than an adjoining lightwell, 311 notice is required.

Code Section: 311(b)

Subject: Renewal of Expired Permits and Lapses in Notification

Effective Date: Moved from related interpretation to Section 311 & Revised 1/26 Interpretation:

Renewal of expired permits: No notice is required for the renewal of a permit or issuance of a new permit to complete a job that has already been substantially completed with permit. “Substantially completed” shall mean that the final envelope of the structure has already been framed in.

Three-year lapse in notice: Pursuant to long-standing Department practice, if a site or building permit requires updated review and approval by the Planning Department before issuance more than 3 years after its required neighborhood notice per Section 311 was completed, and such neighborhood notice is still required under the Planning Code, then new neighborhood notice must be conducted pursuant to the Planning Code requirements at that time.

Code Section: 311(b)(3)

Subject: Exemptions for Adding Dwelling Units

Effective Date: 02/24

Interpretation:

Ordinance No. 248-23 added Section 311(b)(3) to create specific triggers for neighborhood notice for building permits outside the Priority Geographies SUD. These triggers included an exception from neighborhood notice if at least one new dwelling unit is added. This exemption applies per building permit, which means it also applies per building. Therefore, the building with the proposed alteration that would otherwise trigger notice must also be proposed to contain an additional dwelling unit to be exempted from neighborhood notice.

Code Section: 311(b)(3)(A)

Subject: Vertical Alterations Outside the Priority Geographies SUD

Effective Date: 02/24 & Revised 1/26

Interpretation:

Ordinance No. 248-23 added Section 311(b)(3)(a) to specify that a building permit proposing a “vertical alteration” outside the Priority Geographies SUD will require neighborhood notice (unless an additional dwelling unit is also provided). However, the Planning Code does not define which scopes of work are considered a “vertical alteration.” Therefore, a vertical alteration includes each of the following scopes of work:

1. An addition of a fully new floor above the upper most floor of an existing building;

2. An addition of a new upper floor to an existing building where the only existing features at that level are items exempt from height measurement per Section 260(b), such as stair or elevator penthouses, mechanical enclosures, and parapets;

3. Any of the following changes to an existing building’s roof or height: 1) an increase in the measured height of a building of more than 30 inches, pursuant to Section 260, such as when a flat roof or entire building is raised; or, 2) when some or all of a building’s highest roof is physically increased in height by more than 30 inches, such as when a sloped roof is raised on its sides to create a flat roof or when a portion of flat roof is raised to a sloped roof.

4. An addition of a new stair or elevator penthouse;

5. An addition of any other building enclosure at the roof level beyond those items exempt from height measurement per Section 260(b), such as a mechanical enclosure larger than what is exempted; or

6. An addition of dormers beyond the limits of Interpretation of Section 311(b)(4), dated 1/26.

A vertical alteration does not include a horizontal expansion at any existing floor, including the upper most floor, so long as that existing upper floor is comprised of enclosed building other than those items exempt from height measurement per Section 260(b) (e.g., the horizontal expansion of an existing partial floor).

Code Section: 311(b)(3)(B)

Subject: Notice Requirements for Subterranean Additions Outside the Priority Equity Geographies (PEG) SUD Effective Date: 09/24

Interpretation:

This interpretation addresses the question of whether subterranean additions count towards the Gross Floor Area (GFA) trigger for notice per Section 311(b)(3)(B) for projects outside the PEG SUD. The response to this question depends on the specific scenario:

1. Subterranean work only. If the scope of work is purely subterranean, then the GFA trigger of Section 311(b)(3)(B) is not triggered because Section 311 only applies to “Alterations” as defined in Section 311(b)(4), which is “an increase to the exterior dimensions of a building” other than certain Section 136 exemptions. “Exterior dimensions” connotes the outer structure of the building that may be visible, including building portions that are above grade. As an example, if a project scope is to add a completely subterranean basement level that represents more than a 25% increase in GFA and results in the building having GFA greater than 3,000 square feet, no notice would be required because that scope of work does not constitute an “alteration.”

2. Combination of subterranean and above-ground work. If the scope of work includes an above-grade “alteration” (as defined in Section 311(b)(4), which exempts certain Section 136 features) plus a subterranean expansion, then the total GFA increase for the project must be used (including the subterranean GFA) when calculating the Section 311(b)(3)(B) GFA trigger for notice. As an example, if a project scope is to construct a horizontal “alteration” plus a new subterranean basement that collectively is more than a 25% increase in GFA and results in the building having GFA greater than 3,000 square feet, then notice would be required.

Scenarios other than the two described above will be reviewed on a case-by-case basis by the Zoning Administrator to determine if notice is required pursuant to Section 311.

Code Section: 311(b)(4)

Subject: Notice Requirements for Permitted Obstructions

Effective Date: 02/24

Interpretation:

Ordinance No. 248-23 amended Section 311(b)(4) to expand which permitted obstructions under Section 136 are excluded from the definition of “alteration.” More specifically, a Code-complying “pop-out” described in Section 136(c) (25) is now excluded from the definition of alteration. The amendment added qualifying language that such permitted obstructions are excluded from that definition “regardless of whether the feature is located in a required setback.” However, that language only refers to permitted obstructions that are over a sidewalk or within a required setback, yard, or open space only to the extent permitted in Section 136(c)(1-26).

om the definition of alteration. The amendment added qualifying language that such permitted obstructions are excluded from that definition “regardless of whether the feature is located in a required setback.” However, that language only refers to permitted obstructions that are over a sidewalk or within a required setback, yard, or open space only to the extent permitted in Section 136(c)(1-26).

It’s important to note that only vertical alterations, single-family home additions of a certain scale, demolitions, and new construction may require neighborhood notice outside the Priority Geographies SUD, and the permitted obstructions described in Section 136(c)(1-26) are highly unlikely to meet any of those thresholds. As such, the issue of when these permitted obstructions will require neighborhood notice mostly relates to permits within the Priority Geographies SUD. With that in mind, the following interpretations are designed to clarify when these permitted obstructions are otherwise exempt from neighborhood notice:

1. Features that meet all the criteria for any of the permitted obstructions described in Section 136(c)(1-26) that are otherwise fully within the permitted buildable area do NOT trigger neighborhood notice. An example may include an alteration consistent with a permitted bay window, but not located over a sidewalk or within a required setback, yard, or open space.

2. Fully compliant obstructions per Section 136(c)(1-26) over a sidewalk or within a required setback, yard, or open space do NOT trigger neighborhood notice.

3. Features that meet all the requirements of Section 136(c)(1-26) for permitted obstructions but are not fully Codecompliance due to the locational requirements for that permitted obstruction (e.g., a bay window more than 3 feet into the required rear yard that will trigger a variance, a garden shed greater than 100 square feet that will trigger a variance, etc.): a. Within the PEG SUD: Permitted obstructions described in Section 136(c)(1-26) DO trigger neighborhood notice because they are not Code-complying, subject to additional exceptions for certain features provided in Zoning Administrator Bulletin No. 4.

b. Outside the PEG SUD: These features alone do NOT trigger neighborhood notice unless they otherwise trigger the requirements for notice in Section 311(b)(3).

Code Section: 312

Subject: "Pet Day Care for Dogs"

Effective Date: 1/07

Interpretation:

Pet day care for dogs, the daytime care of domestic dogs belonging to persons not residing on the premises, is an emerging land use which has not been contemplated under existing Planning Code provisions. It should be noted, however, that controls relating to "personal" dogs exist in the Health Code and allow a household to maintain three such dogs at any one time. Because no substantial land use distinction between "personal" dogs and dogs belonging to individuals residing off-site is evident, the daytime or overnight care of three or fewer dogs - regardless of animal guardianship - is exempt from regulation under the Planning Code. In contrast, overnight animal boarding on a larger scale is subject to existing "animal kennel" Planning Code regulations. These provisions continue to apply to facilities which (a) offer animal breeding, (b) provide overnight boarding for more than three dogs at any one time, or (c) do not meet either set of restrictions identified below:

- (1) " Neighborhood serving doggie day care facilities " are those which (a) care for no more than 12 dogs at any one time and (b) provide no outdoor activity on site. This grouping maintains land use characteristics similar to animal groomers,

which in turn have been classified as retail uses under previous interpretations. Accordingly, these uses are subject to Planning Code "retail" controls and are further subject to neighborhood notification under Code Section 312 in all

NC zoning districts regardless of the previous use on the property. Notification is felt to be appropriate given the unique potential externalities of doggie day care that were not contemplated when existing neighborhood notification provisions were crafted.

(2) " District-serving canine day care facilities " are those which contain more than 12 dogs and no more than 5,000 gross square feet. Because of the potential greater size and number of animals cared for, this classification maintains land use characteristics similar to animal hospitals and therefore to be regulated as such.

Code Section: 313.4

Subject: OAHPP, City as "developer" Effective Date: 3/12/93

Interpretation:

This Section requires the developer of an office building to build housing or pay an in-lieu fee to a housing development fund. Normally, such obligation is passed on to any party that purchases the building before the obligation has been fulfilled. In the case where the City purchased a building with such unfulfilled obligation, the City Attorney ruled that the City is exempt from the OAHPP requirement as a sovereign entity in regard to its own police powers. The Board of Supervisors has demonstrated it knows how to make the City subject to the Planning Code by specifically stating such in regard to various provisions. In the case of the OAHPP provisions, the Board did not so state, thus indicating an intent to exempt the City from this provision.

Code Section: 315

Subject: Section 315 Application to Projects which Represent Additions to Existing Development Effective Date: 05/08

Interpretation:

Pursuant to Section 315.3(a), this program applies to "housing projects of five or more units where an individual project or a phased project is to be undertake and where the total undertaking comprises a project with five or more units, even if the development is on a separate but adjacent lots." However, there has been some question about how to apply the requirements of the Residential Inclusionary Affordable Housing Program to projects which consist of an existing building which is adding units.

The Inclusionary Affordable Housing Program is intended to mitigate the impacts of the development of new market rate housing on affordable housing demand, per the Residential Nexis published in April 2007 to support the Program. Therefore, the Program is clearly intended to apply to projects involving 5 or more new dwelling units, as stated in the August 22, 2006 Memo summarizing the recent changes of Ordinance Numbers 231-06 and 219-06 to the Inclusionary Affordable Housing Program (see **attached). ** The memo referenced is not set out herein but is available for review in the offices of the City.

Therefore, this Program should be applied to any projects which represent, in sum total, a net addition of five or more units, including multi-phase or multiple lot residential development which will eventually result in five net new units. Existing units which are not part of this phased development should not be subject to this program. This requirement shall be effective immediately.

Code Sections: 315.3 and 315.4

Subject: On-Site Housing Requirement, Calculation of Units for 10% Threshold Effective Date: 04/06

Interpretation:

These Sections establish the requirement that projects consisting of, or constructing, 10 or more units are subject to an affordability component. The question arose as to how the number of units is calculated to achieve the threshold of "10 or more." A project consisted of two existing units that were to be renovated, and 9 units that were to be newly created for a total of 11 overall units. Neither Code Section indicates whether it is the proposed number of newly created units located on a property, or the overall number of units within a single proposal that triggers the affordability requirement. The situation could arise where (for example) a property contains 7 units but a maximum of 11 were permitted. In order to reduce the burden of providing affordable units on smaller projects where a limited number of newly created units is

proposed, those projects proposing 9 or fewer newly created units after June 18, 2001 are not be required to meet the affordability requirement. In addition, neither of the Sections indicates a retroactive consideration for existing units. The question of phasing could arise and will be considered on a case-by-case basis in consultation with the Zoning Administrator.

Code Section: 320(f)

Subject: "Office space" definition for office limit controls Effective Date: 10/95

Interpretation:

This subsection defines "office space" for the purpose of the office development controls. It states that "office space" shall include the office functions of manufacturing and warehousing businesses. Therefore, the intent was to include in

the definition of "office space" even those office functions that meet the limitations for functions accessory to manufacturing and warehousing uses.

Code Section: 350(a)

Subject: Fees, cost of construction

Effective Date: 7/93

Interpretation:

A single-family dwelling and a separate parking structure shared the same wide lot. The proposal was to demolish the garage, subdivide the lot, retain the existing dwelling and build a new dwelling on the portion of the site occupied by the garage. A parking variance was needed for the demolition because the garage served the dwelling that would remain. The

variance application fee should be based upon the cost of demolishing the garage because that action could be

easily separated from the action of building the new dwelling. Even though the demolition was necessary for the new construction and would not have been proposed without it, the demolition could take place without any subsequent construction.

Code Section: 352

Subject: (Article 3.5A) Fee based upon cost of construction, disputed fee Effective Date: 11/92

Interpretation:

This Section states that the fee applicable to various applications shall be based upon the cost of construction. The "Intake Module" of the computer Case Tracking System computes the fee based upon square footage entries of the various uses and a table of costs which is updated annually. In cases where the resulting estimated cost of construction and fee is disputed, the Planning Department will accept instead a signed letter from the Department of Building Inspection stating their FINAL estimated cost of construction.

Code Section: 363

Subject: Discretionary review fee

Effective Date: 3/89

Interpretation:

A separate fee and application must be submitted for each building permit application sought to be reviewed.

Code Section: 411A.4(d)

Subject: TSF Calculation Method for Hospitals

Effective Date: 3/21

Interpretation:

The Calculation Method for Hospitals includes a multiplier that is based on the “net increase of licensed inpatient beds created by the proposed Hospital use” and the “total number of existing licensed inpatient beds in the City and County of San Francisco” for the associated licensed hospital operator. This interpretation clarifies three points:

1. The denominator represents the total existing number of beds for a particular operator anywhere in the City, not just at the campus with new or expanded Hospital use;

2. The value of the denominator cannot be less than 1. In the case of a new Hospital operator with no existing beds in the City, the denominator shall be set to 1; and

3. The resulting multiplier ratio cannot be greater than 1. In the case of a project where the number of beds being created exceeds the number of existing beds for the Hospital, this ratio shall be set to 1.

Code Section: 419.5(a)(2)

Subject: Land dedication for affordable housing

Effective Date: 11/11 (Revised 1/14)

Interpretation:

Total Developable Area

The intent of this Section is to provide alternative means of meeting affordable housing requirements in the UMU and Mission NCT Zoning Districts. The Section states that "Applicants may dedicate a portion of the total developable area of the principal site to the City and County of San Francisco for the purpose of constructing units affordable to qualifying households." The terms "total developable area" and "total developable site area" were added to the Code as part of the Eastern Neighborhoods Area Plan (Ordinance No. 298-08, effective January 19, 2009). Both of these terms were added as part of what were Sections 319.1 to 319.5, which focused on "Housing Requirements for Residential Development Projects in the UMU Zoning Districts of the Eastern Neighborhoods and the Land Dedication Alternative in the Mission NCT District" and were subsequently moved to Sections 401 and 419.1 to 419.6 (Ordinance 108-10). The term "total developable site area" was added as a definition for terms relevant to Sections 319.1 to 319.5 (as 319.2(a), now 401(a) (121)), and the term "total developable area" was utilized as a technical term in the Land Dedication Alternative subsection of these controls (in 319.4(b)(2), now 419.5(a)(2)). The terms in the Definition section are meant to explain the terms used subsequently within the affiliated Sections, were introduced at the same time, and are not utilized elsewhere in the Planning Code; therefore, it can be considered that the term "total developable area" utilized in the Land Dedication Alternative contained in Section 419.5(a)(2) refers to the definition of "total developable site area" set forth in Section 401(a)(121).

Regarding which areas would be excluded from the calculation of total developable site area, Planning Code Section 401(a)(121) defines "total developable site area" as "that part of the site that can be feasibly developed as residential development, excluding land already substantially developed, parks, required open spaces, streets, alleys, walkways or other public infrastructure." For purposes of this definition, the term "required" refers to all of the subsequent uses (i.e.,

ite area, Planning Code Section 401(a)(121) defines "total developable site area" as "that part of the site that can be feasibly developed as residential development, excluding land already substantially developed, parks, required open spaces, streets, alleys, walkways or other public infrastructure." For purposes of this definition, the term "required" refers to all of the subsequent uses (i.e.,

open spaces, streets, alleys, walkways, or other public infrastructure). For purposes of this definition, the term "required" also refers to those uses required by the Code or imposed by the Planning Department or Commission as a condition of approval. As such those uses required by Sections 135 (open space), 270.2 (mid-block open space), and other similar sections may be excluded from total developable site area. However, provision of such uses beyond what is required may not be excluded from total developable site area. In addition, any project seeking to utilize the land dedication alternative must presume that the same requirements applied to the land proposed to be maintained by the applicant will apply to the land proposed to be dedicated to the City. The results of this calculation must be reflected in the determination of both the total developable site area, as well as the developable site area of both the land proposed to be maintained by the applicant and proposed land dedication site, as thereby help determine how the applicant is meeting the requirements of Table 419A.4.

Location of Dedicated Land

Section 419.5(a)(2) allows an applicant to dedicate "a portion of the total developable area of the principal site to the City and County of San Francisco for the purpose of constructing units affordable to qualifying households." However, the language is unclear as to whether the dedicated land must be a portion of the principle development site, or if it may be a separate property located within a 1-mile radius of the principle development site as described in Subsection (a)(2)(B). It is the intent of this provision to allow the dedicated land to be located within a 1-mile radius of the principle development site as described in Subsection (a)(2)(B).

Code Section: 602.1

Subject: Area of a spherical sign Effective Date: 7/89

Interpretation:

This Section states that all faces of a sign shall be included in the area of a sign except where two faces are placed back to back and are at no point more than two feet from one another. In the case of a PROJECTING spherical sign with a diameter exceeding two feet, the area would be the diameter times three since the sign would be seen from only three sides. In the case of a FREESTANDING spherical sign with a diameter exceeding two feet, the area of the sign would be the diameter times four.

Code Section: 602.1(c)

Subject: Area of signs on awnings or marquees

Effective Date: 5/98

Interpretation:

This Section stipulates that the area of any sign on an awning or marquee shall be the total of all signage on all faces of the "structure." Therefore, area limitations set forth in Article 6 for awnings or marquees shall take into consideration the cumulative area of all sides of an awning or marquee. Pursuant to Sections 607.1(f)(1)(D), (2)(D) and (3)(D), signs on awnings and/or marquees shall be permitted only in lieu of projecting signs and their respective area limitations (20, 30, and 40 square feet) shall be per business.

Code Section: 602.7(d)(2)

Subject: 11/88 Effective Date: Electronic signs

Interpretation:

A "message center," an electronic message board with programmed, changeable messages can be permitted under the provisions of general advertising signs or of business signs depending upon the message. Its change of message cycle

would be controlled by the provisions of this Section. This means that it cannot have a "running" message unless it is in a location where flashing, etc. signs are allowed.

Code Section: 602.14

Subject: Projecting sign, within lot line

Effective Date: 1/96

Interpretation:

This Section defines "sign projection" as the distance a sign extends beyond the street line or building setback line. A "projecting sign" as such, is not defined. In the case where there is no required setback and the face of proposed signs would be perpendicular to the wall of the building to which they are attached but would NOT extend beyond the street LOT line, such signs will still be considered a projecting sign for purposes of controlling their number, size, height and illumination. Other types of signs in this situation, such as wall signs, window signs and freestanding signs are limited by Article 6 as to number, size, height and illumination even though they may be set back from the property line. Therefore, signs projecting from buildings must also be similarly controlled even when not projecting over the street or setback. The rules for sign projection only apply outward from the street lot line or required setback so the amount of projection from the building behind the street or required setback would be limited only by the SIZE limitation that applies to projecting signs in its zoning district.

Code Section: 602.18

Subject: Definition, sign

Effective Date: 2/86

Interpretation:

Neon tubing outlining architectural details of a building having a number of different tenants is not a sign. The decision is consistent with the fact that the Department of Building Inspection does not require a sign permit for the tubing.

Code Section: 602.18

Subject: Lit awnings as signs Effective Date: 3/96

Interpretation:

This Section defines signs as, "Any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected or represented on any land or right-of-way, or on the outside of any building or structure including an awning, canopy, marquee or similar appendage, or affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention-arrester, direction, warning, or designation by or of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry. A "sign" is composed of those elements included in the area of the sign as defined in Section 602.1 of this Code, and in addition the supports, uprights and framework of the display." Section 602.1 defines the area of a sign as, "the total of all signage on all faces of the structure. All sign copy on each face shall be computed within one rectangular perimeter formed by extending lines around the extreme limits of writing, representation, or any figure of similar character depicted on the surface of the face of the awning..."[Underlining added for emphasis.] In the case where awnings consist of translucent material and are backlit, the entire backlit awning shall be considered a sign because light itself can be considered to be a sign (per the underlining above) and the entire awning that appears thus to glow is in its totality an attention-arrester (per the underlining above). Other standards for defining the limits of a sign include all the "material or color forming an integral part of the display or used to

differentiate such sign from the background against which it is placed" [Subsection 602.1(a)]. The latter standard was not intended to apply to awnings but only because the phenomenon of backlit, translucent awnings had not occurred at that time. The latter standard was intended to apply to wall signs and projecting signs and backlit, translucent awnings appear the same as projecting, directly illuminated signs.

Code Section: 602.18

Subject: Definition of sign versus artwork Effective Date: 4/96

Interpretation:

This Section defines a sign as, "any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected or represented on any land or right-of-way, or on the outside of any building or structure including an awning, canopy, marquee or similar appendage, or affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention-arrester, direction, warning, or designation by or of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry." It is not clear whether this language could be said to include artwork on walls, but the intent was not to regulate artwork that does not direct attention in any way to a commodity, product, service, business, profession, enterprise or industry. Therefore, an image projected onto a building or other object or an image displayed on a tethered or stationary airborne device which image contains content that defines a sign, shall be controlled by the zoning district in which or over which the object reflecting or displaying the images is located. Any such display having none of the content that defines a sign, shall not be controlled by the Planning Code.

Code Section: 602.19; 604

Subject: "Signs in Malls" Effective Date: 1/07

Interpretation:

Article 6 of the Planning Code defines signs in Section 602.19 as, "Any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected or represented on any land or right-of-way, or on the outside of any building or structure including an awning, canopy, marquee or similar appendage, or affixed to the glass on the outside or inside of a window so as to be seen from the outside of the buildings ..." (emphasis added)

Section 604 states that 'a sign' may not be erected reconstructed, replaced etc. without a permit having been duly issued therefore. However, signs entirely within malls, that are not on the outside of the building nor visible from outside of the building, would not constitute a sign as defined in Article 6. Therefore, signs that are erected or placed entirely within a mall and not attached to any external building appendage, nor attached to a window so as to be seen outside of the building, do not require permits under the Planning Code and would not be subject to Planning Department review.

Code Section: 602.21

Subject: Wall sign, thickness of Effective Date: 12/95

Interpretation:

This Section states that a wall sign may not project more than the thickness of the sign cabinet. The sign cabinet could not be thicker than necessary to accommodate the electrical box. This is thought to be no more than one foot. One must show such necessity to provide an electrical box thicker than one foot.

Code Section: 602.23

Subject: Wind sign Effective Date: 12/00

Interpretation:

A wind sign is defined as follows:

SEC. 602.23.WIND SIGN.

sign composed of two or more banners, flags, or other objects, mounted serially and fastened in such a manner as to move upon being subjected to pressure by wind or breeze. (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 276-98, App. 8/28/98)

There has been some question whether an inflatable balloon sign is considered a wind sign under this ordinance. An inflatable balloon sign is a wind sign, since it is primarily design to move in the wind to attract attention. The balloon itself and the rope or string it is attached to constitute two different objects.

Code Section: 603

Subject: Exempt status of traffic signs in private parking lot Effective Date: 4/96

Interpretation:

This Section lists signs that are exempt from regulation by the Planning Code and includes, "governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety." The term, "governmental" appears to apply specifically only to signs for "traffic and other regulatory purposes." The remaining signs listed, including street signs, danger signs and those as aids to service or safety do not seem to be limited to those under governmental jurisdiction. Therefore, traffic directional signs in a private parking lot are also exempt from regulation by the Planning Code as aids to service or safety provided they contain no additional message of advertisement or promotion and are no larger than necessary.

Code Section: 604(e)

Subject: Continuation of noncomplying signs Effective Date: 2/91 & Revised 09/25

Interpretation:

This Section and Section 609 provide for the continuation or amortization of legal, noncomplying signs. It was affirmed that the mere change in use of the establishment with which the sign was associated does not require removal or conformance of a legally noncomplying sign. Further, removing certain segments of copy along with certain portions

of the structure holding that copy does not change the legal status of the remaining portion of the sign or of a

separate sign associated with the removed portion. (For example, the copy and structure of the sign, “Hotel” could be removed from the facade next to the sign, “Gotham City” without affecting the status of the “Gotham City” sign.)

Code Section: 604(f)

Subject: Change of copy.

Effective Date: 2/98

Interpretation:

This Section states that any change of copy (wording, emblems, etc. ...) shall constitute a new sign, where the mere change of copy on a sign is not frequent and periodic (e.g., a theater marquee advertising new films, shows, concerts,

events, etc.). Therefore, any change of copy shall be subject to current Code requirements and be subject to obtain new permits.

Code Section: 604(f))

Subject: Change of copy on a general advertising sign

Effective Date: 2/10

Interpretation:

This interpretation supersedes an interpretation of Section 604(f) from 9/89.

Section 604(f) requires that “in the case of signs the customary use of which does not involve frequent and periodic changes of copy, a change of copy shall in itself constitute a new sign subject to the provisions of this Section 604 if the new copy concerns a different person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry.”

Because of the nature of general advertising and the land use rights conferred in a valid permit for a general advertising sign, changes of copy on a nonconforming general advertising sign, however infrequent, are not subject to the provisions of Section 604.

In addition, while a building permit is required to alter a nonconforming general advertising sign, such permit may be approved so long as (1) those alterations are required in order to change copy and (2) there is no increase in the level of nonconformity.

Therefore, a directly lit general advertising sign containing neon tubing spelling the name of an advertised

product may be modified to advertise a wholly different product and convert the sign from direct to indirect illumination.

Code Section: 604(h)

Subject: Alteration of nonconforming billboards

Effective Date: 11/86

Interpretation:

This Subsection prohibits the alteration of a nonconforming billboard. However, Subsection 604(f) states that, “a mere change of copy on a sign the customary use of which involves frequent and periodic changes of copy . . . ” shall not be subject to Planning Code regulations. Therefore, a nonconforming billboard may have its panels removed and replaced only if such removal and replacement is required due to the fact that the sign copy is ordinarily painted directly on the panels themselves.

Code Section: 604(h)

Subject: Nonconforming sign maintenance.

Effective Date: 2/98

Interpretation:

This Section states that a lawfully existing sign, which fails to conform to the provisions in Article 6 (nonconforming) may remain until the end of its normal life. It further states that such sign may not be replaced, altered, reconstructed, relocated, intensified or expanded except in conformity with the provisions of the Code. Maintenance of such sign must occur while it is in place for the sign to retain its nonconforming status. Therefore, a sign cabinet that must be removed from its supporting structure, be it a pole or building, to change the copy or normal maintenance may not be replaced in a manner that does not conform to current Code standards. Even the merger of two identical uses or a takeover of one company by another that wishes to simply change the sign's copy is required to conform to current Code standards.

Code Section: 606(a)(2)

Subject: Flashing, blinking or animated signs

Effective Date: 1993

Interpretation:

This Paragraph prohibits flashing, blinking or otherwise animated signs in residential districts. However, in a case where a marquee conforming to the RC-4 and Van Ness Avenue SUD District regulations was proposed to contain sign copy that would periodically change automatically, the Board of Appeals found that such automatic change of copy does not constitute flashing, blinking or animated copy provided it does not change more frequently than once per hour. (It would be a business sign advertising businesses in Opera Plaza.)

Code Section: 606(b)(2))

Subject: Identifying signs in RC Districts

Effective Date: 9/07

Interpretation:

There has been some question as to the maximum allowable area of identifying signs in RC Districts. While Section 606(b)(2) contains requirements for identifying signs in Residential Districts, it does not address the maximum allowable area for such signs in RC Districts. Section 606(b)(2) allows identifying signs in RH Districts to be a maximum area of 12 square feet if non-illuminated or indirectly illuminated with identifying signs in RM and RED Districts allowed a maximum area of eight square feet if directly illuminated and 20 square feet if non-illuminated or indirectly illuminated. Identifying signs in comparable districts, including all Neighborhood Commercial and Mixed-Use Districts, is similarly regulated with a maximum allowable area of 20 square feet. In order to clarify the regulation of such signs in Residential Districts, the maximum allowable area of identifying signs in RC Districts shall the be consistent with that of the RM and RED Districts, with a maximum area of eight square feet if directly illuminated and 20 square feet if non-illuminated or indirectly illuminated.

Code Section: 606(b)(2)(B)

Subject: Sign size in RM-2 through RM-4 Districts

Effective Date: 3/97

Interpretation:

This Subparagraph regulates the size of a sign in certain residential districts. As currently written, it states that the regulation applies only to the RM-1 and RED Districts. This subparagraph shall also apply to the RM-2, RM-3, and RM-4 Districts. There is no other provision that covers the other RM Districts. An examination of the ordinances that amended this Section revealed that the leading phrase of this subparagraph once stated, "In RM Districts:." The ordinance that added the RED District also added the "-1" to the "RM," eliminating its applicability to the RM-2, RM-3, and RM-4 Districts. That ordinance resulted from a study that did not include the RM Districts nor did that ordinance provide other language covering the other RM Districts. This suggests that elimination of applicability of this subparagraph to the other RM Districts was not intended.

Code Section: 607

Subject: Wall sign, interior lot line

Effective Date: /95 Interpretation:

A previous Interpretation [607.4 12/87] deter-mined that wall signs are not allowed on walls other than those parallel to the street in the NC and North of Market Districts because, in these districts, sign size limitations are tied to the length of street frontage. In districts where there is no limit to the size of wall signs or the limit is not tied to the length of street frontage, wall signs are permitted on interior property line walls and other walls not parallel to the street.

Code Section: 607(b) & 607(g)

Subject: Roof Signs in Industrial and Commercial Districts Effective Date: 12/09

Interpretation:

Section 607(g) applies to all signs in Commercial and Industrial Districts and restricts (1) height and (2) extension above roofline. Because specific regulations for roof signs are contained in Section 607(b), the question arose as to the applicability of Section 607(g) to roof signs.

Height. Section 607(g) distinguishes signs attached to buildings from freestanding signs. Section 602.2 defines "attached to a building" as "supported, in whole or in part, by a building." Therefore, if a roof sign is supported by a building then it is subject to the height limits for "signs attached to buildings" contained in Section 607(g)(1). Section 602.5 defines "freestanding" as "in no part supported by a building." Similarly, if a roof sign is in no part supported by a building, such as one affixed to an independent structural frame, then it is subject to the height limits for "freestanding signs" contained in Section 607(g)(2).

Extension above roofline. Section 607(g)(1) requires that signs not "extend or be located above the roofline." While Section 607(b) contains exceptions to this requirement, it does not provide relief from the height limits of Section 607(g) (1), which cannot be exceeded "under any circumstance," or the maximum heights set forth under Section 607(g)(2). Therefore, a roof sign may extend above a roofline so long as it does not exceed a total height of 40 feet in a C-1 District, 100 feet in a C-3 District, or 60 feet in any other C, M, or PDR District.

Code Section: 607(d)

Subject:

Effective Date: 4/96

Interpretation:

See Interpretation 607(i) Electronic sign in NCD

Code Section: 607(i)

Subject: Electronic sign in NCD

Effective Date: 4/96

Interpretation:

This Subsection prohibits in Neighborhood Commercial Districts, except in special sign districts, signs with flashing, blinking, fluctuating or otherwise animated light except for barber poles and the indication of time of day and temperature. The exception for time and temperature may be extended to other messages delivered by a small message board mounted as a window sign which does not have moving or trailing messages but rather messages that are changed with the cycle prescribed by Paragraph 602.7(d)(2).

Code Section: 607.1

Subject: Size of wall signs in NC Districts

Effective Date: /95

Interpretation:

This Section regulates business signs on walls in NC Districts and provides a maximum size keyed to the length of the frontage occupied by the business or use to which the sign is accessory. Since the length of the frontage referenced is that of the business or use rather than of the lot, the wall sign size limit is per business rather than per lot.

Code Section: 607.1, 607.2

Subject: Signs in NC District Effective Date: 9/91

Interpretation:

These Sections allow wall signs in various Neighborhood Commercial and Mixed Use districts with the size of the sign being based upon the frontage of the use. In cases where a use has more than one frontage but its signage is not proposed to be equally apportioned between or among these frontages, the size of a particular sign may be determined only by the frontage of the wall on which that sign is to be attached. Sign size "credit" cannot be transferred from one frontage to another.

Code Section: 607.1, 607.2

Subject: Wall sign, interior lot line in NC Districts and Mixed Use Districts Effective Date: 6/02

Interpretation:

Previous interpretations (607, 607.1, 607.2, and 607.4) fail to state explicitly that wall signs are not permitted on walls that abut or are parallel to a side property line in NC and Mixed Use Districts. Because sign size limitations are tied to the length of street frontage occupied by a business or use, wall signs in these districts are permitted only on walls that are parallel to the street. A business may install a sign on a wall other than the front only if the business has more than one street frontage.

Code Section: 607.1(b)

Subject:

Effective Date: 4/96

Interpretation:

See Interpretation 607(i) Electronic sign in NCD

Code Section: 607.1(e)

Subject:

Effective Date: 4/96

Interpretation:

See Interpretation 607(i) Electronic sign in NCD

Code Section: 607.1(f)

Subject:

Effective Date: 4/96

Interpretation:

See Interpretation 607(i) Electronic sign in NCD

Code Section: 607.1(f)(2)(E), (3)(E)

Subject: Illumination of freestanding sign in NCD

Effective Date: 2/91

Interpretation:

This Section says that a freestanding sign may be directly illuminated during working hours only. In the case of a bank having regular banking hours for in-person service but 24-hour automatic teller machines, the freestanding signs can be directly illuminated after actual business hours but not outside the hours of operation range specified as a permitted use for that NC zoning district. Other illumination would be necessary for the ATM after the hours of operation limit (NC feature .27).

Code Section: 607.2(f)(3)(B)

Subject: Alley as "street" for sign area

Effective Date: 9/91

Interpretation:

This Section states that the maximum area of a wall sign is determined by the street frontage of the use. Planning Code Section 102 defines a street as a right-of-way 30 feet or more in width. However, it was not the intent of this Section to make the distinction found in the definition section between an alley and a street. Therefore, a right-of-way less than 30 feet in width can be counted to determine the sign size for a use with a frontage on such right-of-way.

Code Section: 607.3

Subject:

Effective Date: 8/90

Interpretation:

See Interpretation 243(c)(4) Van Ness Avenue Special Sign District

Code Section: 607.3(c)(4)(C)

Subject: Van Ness Special Sign District, projecting signs Effective Date: 10/97

Interpretation:

The number of projecting signs shall be controlled by the nearest NC District. This interpretation is consistent with Section 243(c) Van Ness Special Use District, controls, where it refers to provisions of an RC-4 District as applicable except as otherwise provided in the Van Ness SUD section. A previous interpretation to Section 209.8 (4/96) requires commercial uses in RC-4 Districts to refer to the nearest NC District for principally permitted uses.

Code Section: 607.4

Subject: Signs in North of Market SUD

Effective Date: 12/87

Interpretation:

This Section regulates signs in the North of Market Special Use District and states that wall signs are permitted. It regulates the size of such signs by the following language: "The area of all wall signs shall not exceed three square feet per foot of street frontage occupied by the use measured along the wall to which the signs are attached, [emphasis added] or 150 square feet for each street frontage, whichever is less." In the case where a wall abuts or is parallel to a side

property line and not a street, a sign is not permitted. It is clear that the Code contemplates only wall signs parallel to street frontage. Since the Code does not contemplate internal property line signs, they are permitted neither in the North of Market SUD nor in any R District.

Code Section: 703.2(a)

Subject: NCD use categories, fast food restaurant

Effective Date: 5/91

Interpretation:

See Interpretation 703.2(b)(1)(C)(iii)

Code Section: 703.2(a)

Subject: Hours of operation feature (No. .27) Effective Date: 2/91

Interpretation:

See Interpretation 607.1(f)(2)(E), (3)(E)

Code Section: 703.2(a)

Subject:

Effective Date: 5/90

Interpretation:

See Interpretation 703.2(b)(1)

Code Section: 703.2(a)

Subject: Uses permitted in NCDs Effective Date: 2/88

Interpretation:

This Subsection lists uses allowed in the Neighborhood Commercial Districts. An auction house is an "other retail sales and services" (No. 40) use as long as all auctions held there are open to the public at large and none are "closed" or "to the trade only" which would be wholesale use.

Code Section: 703.2(a)

Subject: Financial versus business/professional service, NC

Effective Date: /95

Interpretation:

The Zoning Administrator needed to determine whether a commodity trading broker’s place of business was a financial service or a business/professional service because the two uses are treated differently in many NC Districts. In the specific instance, the business would not have counter service. It would be staffed by five to 10 people who would serve customers at their desks. Section 790 defines a financial service as, “a retail use which provides banking services and products to the public, such as banks, savings and loans, and credit unions.” Its definition of a business or professional service includes a real estate broker as well as other services where a relatively few customers are served by employees at their desks. It was noted that a major reason the legislation distinguished between the two uses was the perception that banks have a large customer service capacity with a high transaction turnover. With their vaults and counters, they are also

physically different from typical office uses. In these respects, the specific commodity trading broker’s place of business would be more like a general business office than a bank. Therefore, it was determined to be a business or professional service. This use in one particular case needed a conditional use for its district, which CU was granted. Upon appeal, some members of the Board of Supervisors indicated they thought the use was a financial service—A use not permitted in that zoning district and cited this as a reason for overturning the conditional use. The Zoning Administrator, nevertheless, will adhere to the above ZA determination.

Code Section: 703.2(a)

Subject: No. 61 Auto broker's office

Effective Date:

Interpretation:

See Interpretation 712.61

Code Section: 703.2(b)

Subject: Residential conversion limitations Effective Date: 3/92 (Revised 3/21)

Interpretation:

Conversion of residential use to nonresidential use is controlled in various categories of use districts and is prohibited, conditional, or permitted depending on the zoning district and floor level. It is long-standing policy that converting

approximately half of a 1,450 square feet dwelling unit to nonresidential use would constitute residential

conversion even though half of the original floor area would remain residential because removing this area of a dwelling unit would normally require reducing the number of bedrooms. The purpose of the limitation was to appropriately preserve living accommodations in the City. Reducing the number of bedrooms in a dwelling reduces the City’s residential capacity from a per capita point of view.

Code Section: 703.2(b)(1)

Subject:

Effective Date:

Interpretation:

See "Building, meaning for `enclosed building rule' /96" in the Interpretations - Alphabetical

Code Section: 703.2(b)(1)

Subject: Retail use in enclosed building in NCD Effective Date: 5/90

Interpretation:

This Paragraph states that, except as noted, all uses permitted in the NC Districts need to be conducted inside an enclosed building. It was proposed to install in an NC District an automated video "kiosk" consisting of a small building containing vending machinery and a supply of video cassettes. The automatic video rental vending transaction would be conducted under a clear plastic canopy attached to the building and extending out from the roof and downward to the ground with open ends. Such canopy would be considered sufficient enclosure to conform to this Section. If the canopy were not included, the facility would be a "walk-up facility," NCD use category .26 subject to Section 145.2.

Code Section: 703.2(b)(1)(C)

Subject:

Effective Date:

Interpretation:

See "Installation of auto accessories 4/96" in the Interpretations - Alphabetical

Code Section: 703.2(b)(1)(C)

Subject: Accessory uses, ABC licenses in NC Districts

Effective Date: 1/14

Interpretation:

See Interpretation 204.1

Code Section: 703.2(b)(1)(C)

Subject: ATMs as accessory use in NC Districts

Effective Date: 8/89

Interpretation:

An automatic teller machine is accessory to a financial institution when conforming to this paragraph.

Code Section: 703.2(b)(1)(C)

Subject: "Other entertainment" as accessory use

Effective Date: 8/96

Interpretation:

The "other entertainment" use category cannot be an accessory use. This Subparagraph states that no use shall be considered an accessory use which involves or requires "bar, restaurant, other entertainment, [emphasis supplied] or any retail establishment which serves liquor for consumption on site." However, it is not clear whether the terms, "bar," "restaurant" and "other entertainment" are antecedents to the statement, " . . . any retail establishment which serves liquor for consumption on site." It could be argued that an "other entertainment" use that doesn't serve liquor can be an accessory to a principal use that does serve liquor. In actuality, it would be difficult to ascertain this distinction within a bar. Therefore, "other entertainment" activities must be considered to be a primary use subject to the controls for other entertainment in that zoning district and cannot be an accessory use.

Code Section: 703.2(b)(1)(C)(ii)

Subject: Billiards as an accessory use

Effective Date: 8/98

Interpretation:

This Section allows for a related minor use which is appropriate, incidental and subordinate to the operation or

enjoyment of a lawful principal or conditional use, when located on the same lot. This Section further states that no use will be considered accessory which involves or requires any bar, restaurant, other entertainment, or any retail establishment which serves liquor for consumption on-site. Pursuant to Section 790.38, other entertainment includes billiard parlors. One or two pool tables are often appropriate, incidental and subordinate when located in bars and/or restaurants. Therefore, up to two pool tables occupying less than 1/3 of the total occupiable floor area will be considered an accessory use within any lawfully existing bar and/or restaurant.

Code Section: 703.2(b)(1)(C)(iii)

Subject: Effective Date: 4/97

Interpretation:

See Interpretation 181(a) Nonconforming use, intensification

Code Section: 703.2(b)(1)(C)(iii)

Subject: Deli in grocery store Effective Date: 5/91

Interpretation:

This Paragraph allows a deli in grocery stores as an accessory use if the deli is limited to 100 square feet in size. In a large supermarket, a deli preparing ready-to-eat food to go which exceeds the size limit for an accessory use will not be considered an accessory use but will be treated like a small self-service restaurant as a principal use if it meets that definition. However, unlike most principal permitted uses, it need not be physically separate from the other principal permitted use (the supermarket) and will not be considered to be an intensification of the supermarket.

Code Section: 703.2(b)(1)(C)(iii)

Subject: Deli as accessory use, no seating allowed

Effective Date: 4/92

Interpretation:

This Provision prohibits as an accessory use, " . . . any take-out food use, as defined in Section 790.122, [emphasis added] except for a take-out food use which occupies 100 square feet or less . . . in a retail grocery or specialty food store." Section 790.122 defines a take-out food use as, " . . . a retail eating or eating and drinking use without seating . . . " [emphasis added]. Therefore, food service with seating cannot be permitted as an accessory use.

Code Section: 703.2(b)(1)(C)(iii)

Subject: Accessory take-out area limit

Effective Date: 2/97

Interpretation:

This Paragraph states that take-out food service can be an accessory use to a retail grocery or specialty food store provided the area for the take-out service is limited to 100 square feet in area. This provision does not prohibit cooking and the offering of freshly cooked food is a normal and desirable feature of take-out service. Therefore, cooking also will be allowed as accessory to a retail grocery or specialty food store provided the area used for cooking is for the purpose of and counted within the same 100 square feet limit allowed for take-out food service. This ruling does not extend to retail coffee shops where cooking is specifically prohibited per Section 790.102(n)(1)(J).

Code Section: 703.2(b)(1)(C)(iv)

Subject: Accessory take-out area limit

Effective Date: 2/97

Interpretation:

This Paragraph states that take-out food service can be an accessory use to a full-service restaurant. Established policy since 3/92 is that, to be accessory, the take-out use must be subject to the same 100 square feet limit as applies to take-out food in grocery stores. The area limit for take-out in grocery stores excludes customer waiting areas and storage, therefore any waiting area will not be considered. Display cases are not the same as storage area which is intended to mean storage

of unprepared ingredients and other restaurant material. Therefore, display cases and fixtures used to serve both takeout and full-service customers will be counted toward the 100-square-foot take-out limit. Bathrooms will not be considered as serving take-out customers.

Code Section: 712.61

Subject: Auto broker's office on second floor Effective Date: 8/90

Interpretation:

This Section allows auto sales or rental only on the ground floor as a conditional use in the NC-3 District. The question was whether an auto broker could have an office on the second floor and be considered an office (NC use category .53). The applicant said that the Department of Motor Vehicles would issue a permit only if at least two vehicles for sale would be located on the site. The presence of display cars would make the use an auto sales or rental use rather than an office use and therefore, would not be allowed on the second floor of the NC-3 District.

Code Section: 790.4

Subject: Amusement game arcade (mechanical amusement devices). Effective Date: 3/2002

Interpretation:

Section 790.4 of the Planning Code defines an Amusement Game Arcade (Mechanical Amusement Devices) as a retail use, which provides eleven or more amusement game devices such as video games, pinball machines, or other such similar mechanical and electronic amusement devices. This definition was created when the majority of game arcades used large bulky game machines. With advances in technology, the personal computer replaced most of these old arcade machines and allows users a variety of functions, including game playing. With relative ease computers have been connected or networked in retail or commercial spaces for the sole purpose of game playing. This Interpretation adds personal computers to Section 790.4 as an electronic amusement device when the majority purpose of the computers are for game playing. Additionally, money does not need to be deposited directly into the amusement devices for the use to be considered as an Amusement Game Arcade.

Furthermore, Section 790.4 discusses the threshold of eleven or more amusement game devices. This threshold is a combination of all amusement game devices, including personal computers and commercially produced game consoles, among other devices.

In terms of the zoning districts where this use is allowed, Section 790.4 is not listed as one of the permitted or conditional uses in the Neighborhood Commercial District chart, nor is it listed as a permitted or conditional use in Section 703.2. Therefore, when there are eleven or more amusement game devices the use will be defined by Amusement Game Arcade and is NOT permitted in the Neighborhood Commercial Districts. If the use has ten or less amusement game devices, the entertainment use is categorized by Section 790.38 Other Entertainment and in most Neighborhood Commercial Districts will require a Conditional Use.

Code Section: 790.22

Subject: ABC Type-86 (Instructional Tasting) License as an accessory use Effective Date: 1/14

Interpretation:

An interpretation was made in August 2005 permitting intermittent and/or occasional wine and/or beer tasting as an accessory use to a liquor store. Since that time, ABC has developed a new Type-86 (Instructional Tasting) License which can be issued to businesses which also hold off-sale retail licenses and either (a) contain at least 5,000 square feet or (b)

earn at least 75 percent of their total gross sales from the sale of alcoholic beverages. While a Type-86 License is issued to a retail business, it generally requires the participation of a qualified manufacturer or wholesaler. Consistent with the August 2005 interpretation, a Type-86 License can be issued to a grocery store, liquor store or other similar establishment as an accessory use so long as all of the following criteria are met: (1) instructional tasting events take place between 10 a.m. and 9 p.m, (2) instructional tasting events take place in an area at least temporarily separated from the remainder of the retail space, (3) no more than three tastings of distilled spirits, each no more than one-fourth of one ounce, are provided to any one person per day, (4) no more than three tastings of wine, each no more than one ounce, are provided to any one person per day, and (5) no more than eight ounces of beer are provided to any one per person per day. It was noted that the foregoing conditions reflect ABC policies at the time of this interpretation and may be modified should those policies change.

Code Section: 790.22

Subject: NC definitions – Bar

Effective Date: 11/86

Interpretation:

A wine tasting room as part of retail sales of wine is treated as a bar in the Neighborhood Commercial Districts.

Code Section: 790.22

Subject: Wine and Beer Tasting, Liquor Stores, Bars

Effective Date: 8/05 (Revised 1/14)

Interpretation:

This Section states that within NC Districts, establishments that serve liquor with ABC License Types 42, 47, 49, 61, or 78 are considered "bar" uses. An interpretation rendered in November 1986 had asserted that "a wine tasting room as part of the retail sales of wine is treated as a bar in the Neighborhood Commercial Districts." It was noted that an exception to this interpretation involves cases in which intermittent and/or occasional wine and/or beer tasting is offered. This minor and related activity is analogous to the dispensation of sample-sized portions of food items by many grocers. Much as those grocers are not considered to be restaurant uses, liquor stores which provide incidental wine tastings are not considered to be bar uses, rather such tasting would comprise a permitted accessory use. Any such tasting would (1) occur entirely during regular operating hours only, (2) take place no more than twice each week for no more than four hours each occurrence and on a further occasional appointment-only basis, (3) not occur on a premises on which any type of permit from the Entertainment Commission is held, (4) not occur in an area physically separated from the main liquor store retail area by full-height partitions or partitions that otherwise prevent clear visual access to and from the main retail area and (5) be limited to one ounce servings and three servings per individual customer per day. Should the establishment not adhere to each of these five conditions it would be considered a "bar." It was also noted that conditions 4 and 5, above, reflect ABC and Police Department policies at the time of this interpretation, and may be modified should those regulations change.

Code Section: 790.38

Subject: Acoustic music and poetry reading as other entertainment Effective Date: 8/96

Interpretation:

This states that "other entertainment" shall include, " . . . live entertainment, including dramatic and musical performances, and/or operates as a dance hall which provides amplified taped music for dancing on the premises, . . . " It is clear that the reference to amplified music is in regard to the aforementioned dance hall and is not intended to exclude

acoustic music or other nonamplified performance from the definition. Therefore, in the case where acoustic music and poetry reading was proposed for a bar, this use would be classified as "other entertainment."

Code Section: 790.38

Subject: Entertainment, other.

Effective Date: 3/2002

Interpretation:

Section 790.38 of the Planning Code defines Other Entertainment as a retail use, which provides live entertainment and/or operates as a dance hall with amplified music. Additionally, it includes a bowling alley, billiard parlor, shooting gallery, skating rink and other commercial recreational activity, but excludes amusement game arcades. Amusement game arcades is defined by Section 790.4 of the Planning Code by having eleven or more amusement game devices such as video games, pinball machines, or other such similar mechanical and electronic amusement devices, including personal computers when the majority purpose of the computers are for game playing. With advances in technology, the personal computer replaced most of these old arcade machines and allows users a variety of functions, including game playing. With relative ease computers have been connected or networked in retail or commercial spaces for the sole purpose of game playing. This interpretation adds personal computers to Section 790.38 as an electronic amusement device when the majority purpose of the computers are for game playing. Additionally, money does not need to be deposited directly into the amusement devices for the use to be considered as Other Entertainment.

Code Section: 790.50(a) or (c)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations-Alphabetical

Code Section: 790.50(d)

Subject: Definition of "religious facility"

Effective Date: 1/91

Interpretation:

This Paragraph states that a religious facility is a use which provides religious "services." In the case where a Christian Science Reading Room in a nonconforming use was proposed to be changed to an office, the term "services" need not be limited to the act of religious ceremony and assembly but also to the more general, land use planning meaning of the term "service." Therefore, the Reading Room is a religious facility which is a less restricted use than an office being first permitted as a conditional use in residential districts while an office is not permitted in a residential district. Therefore, an office is not permitted in this (former) NCU which has been a conditional use since it was changed to a religious facility.

Code Section: 790.70, 890.71

Subject: Outdoor activity area must be accessory Effective Date: 3/96

Interpretation:

These Sections define "outdoor activity area" for the Neighborhood Commercial and Mixed Use Districts respectively as, "...an area provided for the use or convenience of patrons of a commercial establishment, including, but not limited to, sitting, eating, drinking, dancing, and food-service activities." Such activities are normally associated with uses that must

be within enclosed buildings pursuant to Section 703.2(b)(1). Section 703.2(b)(1) acknowledges that some uses allowed in the Neighborhood Commercial District are intrinsically or appropriately outdoor uses but not by virtue of the definition of an outdoor activity area which must be associated with a primary use and not constitute a primary outdoor use by itself.

Code Section: 790.80

Subject: NC definitions - Public use Effective Date: 3/87

Interpretation:

This Section specifically excludes a garage of a public utility from the definition of a "public use." However, a garage can fall under this definition if it is accessory to a public utility's service truck dispatching facility which must be located in this district to allow expeditious servicing.

Code Section: 790.80

Subject: Office as a public use

Effective Date: 6/90

Interpretation:

A proposed office would not be on the same lot as the specific public use with which it was associated and therefore could not be considered accessory to the public use. The office by itself could not be a public use when the main

activity and purpose of the associated public use was other than an office activity. In this case, the public use was a museum whose main activity was the display of art objects. In other cases, a public use under this definition could be offices if the main activity of the agency was clerical or if the use served various agencies requiring location within the district.

Code Section: 790.88

Subject: Residential hotels as a residential use

Effective Date: 6/90

Interpretation:

See Interpretation 790.84

Code Section: 790.92

Subject: NC definitions - Restaurant

Effective Date: 12/87

Interpretation:

When a restaurant holding an ABC No. 41 license applies for an ABC No. 47 license, the operation is considered to be adding a bar. This is because a No. 41 is for beer and wine only with food while a No. 47 also allows liquor sales with food. The full liquor sales, while it must be in conjunction with the sale of food on the same premises, need not be confined to tables where food is being served; therefore, the liquor sale could operate separately from the food service as a bar. If an existing restaurant holding the ABC No. 41 is a nonconforming use or automatic conditional use, the granting of a No. 47 license would constitute adding a bar which would be an intensification requiring a conditional use authorization.

Code Section: 790.99

Subject:

Effective Date:

Interpretation:

See "Residential use defined 4/97" in the Interpretations - Alphabetical

Code Section: 790.100

Subject: Nonretail sales and service Effective Date: 9/90

Interpretation:

A proposed use in an NC-1 District was cleaning restaurant stove filters. The filters from the client's restaurants would be dropped off at the NC-1 location, cleaned and returned to the clients. The question was whether such use would be classified as a business or professional service as defined by Section 790.108. That Section states that such service must be a retail use providing general business or professional services to the general public and lists several examples all of which entailed office activities. Section 790.108 states that the use category may also provide services to the business community as long as it also provides service to the general public. Otherwise it shall be considered nonretail sales and service as defined by Section 790.100 which use provides goods and/or services, including light manufacturing to the business community and not to the general public. Since it would not provide service to the general public and would not involve primarily office activities, the proposed restaurant filter cleaning facility was a nonretail sales and service use rather than a business or professional service and therefore would not be permitted in the NC-1 District.

Code Section: 790.102

Subject: Uses included in sales and services, other retail

Effective Date:

Interpretation:

The following uses are included in the "sales and services, other retail" Neighborhood Commercial use: Retail non -self-service (as well as self-service) dry cleaning 1993

Animal grooming 1993

Code Section: 790.102(e)

Subject: Non-self-serve dry cleaners in NC Districts

Effective Date: 6/90

Interpretation:

This Section lists uses which are included in the definition of the use category "sales and services, other retail." It lists, "self-service laundromats and dry cleaning..." The term "self-service" modifies "laundromats"- Not dry cleaners. Therefore, a retail, non-self-service dry cleaner with a plant on the premises is included in this definition and use category.

Code Section: 790.104

Subject: NC definitions - Sales and services, retail

Effective Date: 1/88

Interpretation:

A dog grooming service is covered by this category rather than by "personal service," "business service" or "animal hospital" if there is no overnight boarding. If there is boarding, such use would be covered by the "animal hospital"

category.

Code Section: 790.104

Subject: Definition of retail, re: catering in NC District Effective Date: 8/89

Interpretation:

This Section describes a retail use as one which provides goods and/or services directly to the consumer. In a letter dated 8/4/89, a person proposing a catering establishment in an NC District, indicated that it would not be open to the public. Our response was that such use could not be considered a restaurant since all restaurant definitions in Article 7 indicate that such must be a retail use; nor could it be an accessory to a restaurant because Section 703.2(b)(1)(C)(v) states that for it to be accessory, there must be a primarily retail operation at that location. The definitions of other possible categories such as "service, business or professional" and "trade shop" likewise indicate that they be retail.

Code Section: 790.108

Subject:

Effective Date: /95

Interpretation:

See also Interpretation 703.2(a) Financial versus business/professional service, NC

Code Section: 790.108

Subject: NC definitions

Effective Date:

Interpretation:

See "Contractor's office and storage" in the Interpretations - Alphabetical

Code Section: 790.108

Subject: Business or professional service

Effective Date:

Interpretation:

See Interpretation 790.100

Code Section: 790.109

Subject:

Effective Date: /95

Interpretation:

See also Interpretation 703.2(a) Financial versus business/professional service, NC

Code Section: 790.114, 890.114

Subject: Acupressure Services Effective Date: 5/07

Interpretation:

These sections define medical service use as "a retail use which provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes a clinic, primarily providing outpatient care in medical, psychiatric or other medical services, and not part of a hospital or medical center, as defined in Section 790.44 and 890.44 of Planning Code". Acupressure services, provided by an individual who is not licensed by a State-sanctioned Board overseeing the provision of medically oriented services, shall be considered a massage establishment use as defined under Section 790.60 and 890.60 of Planning Code.

Code Section: 790.116

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 790.116

Subject: NC definitions – Personal service

Effective Date:

Interpretation:

The following uses have been classified within the "personal service" category: martial arts studio (2/87);

Code Section: 790.116, 890.116

Subject: Boxing gym as a personal service

Effective Date: 3/96

Interpretation:

These Sections define "personal service" for the Neighborhood Commercial and Mixed Use Districts respectively, as a retail use that includes instructional services such as art, dance, exercise, martial arts, and music classes. Since it is an activity that is similar to the martial arts activity that is specifically listed, boxing is allowed under the definition of "personal service," provided it is a retail use and therefore available to the general public and is in the nature of instruction and not audience entertainment.

Code Section: 790.118

Subject: ND definitions – Story

Effective Date:

Interpretation:

A building in an NC District existed on a lot that sloped upward from the street. The owner wanted to excavate under the building to create another usable level that would be even with the elevation of the sidewalk. This would become the first floor if it would meet the criteria defined in paragraph (a) of this Section. The former first floor would then become the second floor. Therefore, the proposal could not be permitted if it "raised" uses to a story where they would not be permitted unless such uses were moved or removed.

Code Section: 790.118

Subject: Definition of "first story"

Effective Date: 3/89

Interpretation:

The applicant wanted to establish a first story use on a floor that was seven to eight feet above grade and wanted a variance from the quantitative measure stated in this definition of six feet above grade. A variance is not available for quantitative standards within definitions.

Code Section: 790.124

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 803(h)

Subject: Vertical controls for office uses

Effective Date: 11/11 (Revised 1/14)

Interpretation:

The intent of this Section is to "preserve ground floor space for production, distribution, and repair uses and to allow the preservation and enhancement of a diverse mix of land uses, including limited amounts of office space on upper stories" in the UMU and MUG Zoning Districts. This section prohibits new office space on the ground floor of these districts and limits the number of floor that may contain new office space based on the number of floors in the building. Projects adding new office space in these districts must designate all of the building's "office stories" prior to the issuance of any building permit for new or expanded office uses or along with any associated Planning Commission action, whichever occurs first.

The following interpretations are intended to clarify vertical controls for office uses:

1. Basement levels may contain office uses without counting against the maximum number of stories permitted to contain office in Table 803.9(h).

2. If an existing building already contains legal office uses on one or more stories, those stories are not required to be designated as office stories per this Section. For example, if a 3-story building is permitted to have one story of office, and the second story already contains office uses, the Project Sponsor may designate the third story for office use. Any legally existing office space in the building outside of the third floor would be a legal nonconforming use.

Code Section: 803.2(b)(1)

Subject:

Effective Date:

Interpretation:

See "Building, meaning for `enclosed building rule' /96" in the Interpretations - Alphabetical

Code Section: 803.2(b)(1)(C)

Subject:

Effective Date:

Interpretation:

See "Installation of auto accessories 4/96" in the Interpretations - Alphabetical

Code Section: 803.2(b)(1)(C)

Subject: Accessory uses, ABC licenses in Chinatown Mixed Use Districts Effective Date: 1/14

Interpretation:

See Interpretation 204.1

Code Section: 803.3(b)(1)(C)

Subject: Accessory uses, ABC licenses in Eastern Neighborhoods and South of Market Mixed Use Districts Effective Date: 1/14

Interpretation:

See Interpretation 204.1

Code Section: 803.5(b)

Subject: Conversion of group housing in SOMA

Effective Date: 12/90

Interpretation:

This Section states that conversion of group housing or dwelling units in the SOMA to any other use would require a conditional use authorization. Such requirement for conditional use under this Section also extends to merging units of either group housing or regular dwelling units because this would constitute demolition. NOTE 1/5/96: This interpretation may not apply to the Neighborhood Commercial Districts despite the fact that the terms, "residential conversion" and "residential demolition" are identical in the definition sections for both the Mixed Use and Neighborhood Commercial Districts. This interpretation is based upon the wording of Section 803.5(b) rather than the definitions.

Code Section: 803.5(b)

Subject: Residential conversion in SOMA Districts Effective Date: 10/91

Interpretation:

This Section states that demolition or conversion of group housing or dwelling unit or any portion thereof to any other use shall require a conditional use authorization. This Section contains phrasing (". . . or any portion thereof . . . ") not found in residential conversion controls for other districts. Therefore, the question arose as to whether dwelling unit merger was prohibited by this Section. It was noted that Section 890.84 defines conversion as the change in occupancy of any residential use to a nonresidential use. Therefore, the phrase, "any portion thereof" does not preclude the merger of dwelling units. The prohibition applies only to the change from residential to nonresidential use.

Code Section: 803.5(b)

Subject: CU for conversion of group housing to apartments

Effective Date: 12/92

Interpretation:

This Subsection states that demolition or conversion to any other use, of a group housing unit or dwelling unit in the South of Market Districts shall require a conditional use authorization. The phrase, "any other use" includes the conversion of group housing to a dwelling unit. It was noted that the intent of the legislation was to preserve single room occupancy units because of their affordability.

Code Section: 803.5(i)(1)

Subject: RSD ratio of residential use to nonresidential use

Effective Date: 1992

Interpretation:

This Paragraph states that nonresidential uses, "shall be permitted in new construction in the Residential/Service District . . . " only if the ratio between the residential floor area to the nonresidential floor area is three to one. The term "new construction" shall mean only a new building-not alterations or additions. Nevertheless, because of the housing policies of the General Plan as reflected in this provision, the staff will bring to the Planning Commission's attention proposals for alterations or additions that would make noncomplying, or increase noncompliance of the ratio of non-residential floor area to residential floor area on a lot in the Residential/Service District. This will allow the Commission to exercise discretionary review over the permit application.

Code Section: 803.8(d)

Subject: Housing Ratio in the MUR District Effective Date: 5/09

Interpretation:

The MUR District is intended primarily to be a residential district. Accordingly, this Section requires that three residential gross square feet be created for every one nonresidential gross square foot. This requirement was adapted from a similar requirement in the RSD District (Section 803.8(c)) which applies only to new construction. Section 803.8(d) inadvertently fails to specify the types of projects to which it applies. Because of this unintentional omission and because existing buildings could not reasonably be expected to meet this provision, this Section shall only apply to new construction and not to existing buildings.

Code Section: 816.05

Subject: Usable Open Space Requirement for Dwelling Units in the SLR District Effective Date: 3/06

Interpretation:

This Section states that within the SLR (Service, Light Industrial, Residential) District a minimum of 60 square feet of private usable open space or 80 square feet of common usable open space is required for each dwelling unit or group housing unit. Section 816.05 further references Section 135, which indicates that this same open space requirement is 36 square feet and roughly 48 square feet per unit, respectively. These two requirements are obviously contradictory and merit an examination of open space requirements elsewhere in the South of Market. It should be noted that a 36/48 square foot requirement also applies to the SLI and SSO Districts, while a 60/80 square foot requirement applies only to the RED District. Bearing in mind the use of the RED classification for "predominantly residential neighborhoods located along the narrow side-streets of the South of Market," and the SLR's contrasting "small-scale light industrial [and] home and business service" uses, a 36/48 square foot requirement is felt to be more consistent with other similar districts in the South of Market and is to be used for purposes of calculating required open space for dwelling units and group housing in the SLR District.

Code Section: 817

Subject: Motorcycle dismantling in SLI District Effective Date: 1/95

Interpretation:

Motorcycle dismantling conducted entirely within an enclosed building is permitted in the SLI District. It was noted that, while automobile dismantling is a conditional use per Section 225(p), that subsection does not limit the use to enclosed buildings; that storage within a completely enclosed building of junk or salvaged materials (exclusive of auto salvaging operations) is a permitted use in the M-1 District which is the Light Industrial District; that light industrial use is a permitted use in the SLI District; and that motorcycle dismantling does not require the same kind of heavy equipment as is required for auto dismantling, involves disposing of less oil and gasoline, and presumably is less noisy.

Code Section: 890.50(f)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 890.54(a)

Subject: South of Market controls, light manufacturing

Effective Date: 11/88

Interpretation:

This Section defines light manufacturing. A small brewery with on-premises sale and also off sale of only kegs – no bottles comes under this definition.

Code Section: 890.71

Subject:

Effective Date: 3/96

Interpretation:

See Interpretation 790.70, 890.71 Outdoor activity area must be accessory

Code Section: 890.88

Subject:

Effective Date:

Interpretation:

See "Residential use defined 4/97" in the Interpretations - Alphabetical

Code Section: 890.88

Subject: Residential use Effective Date: 12/97

Interpretation:

This Section defines residential uses in the South of Market (SOM) Districts. A dwelling unit is defined as a residential use which consists of a suite of two or more rooms. Further, this Section defines a Single Room Occupancy (SRO) Unit as a dwelling unit consisting of no more than one room with a maximum gross floor area of 350 square feet. Section 102.7 defines a dwelling unit as a room or suite of two rooms. Therefore, one room with a gross floor area over 350 square feet shall be interpreted as a dwelling unit in the SOM. These dwelling units shall be restricted by all Code sections applicable

to dwelling units not by those sections applicable to SRO units (i.e., for the purposes of calculating requirements for parking, open space, rear yards, conditional use authorizations, etc.).

Code Section: 890.114, 790.114

Subject: Massage use in conjunction with medical service uses Effective Date: 8/2005

Interpretation:

These Sections define medical service use as "a retail use which provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes a clinic, primarily providing outpatient care in medical, psychiatric or other medical services, and not part of a hospital or medical center, as defined in Section 790.44 and 890.44 of the Planning Code." Acupressure services, provided by an individual who is not licensed by a State-sanctioned Board overseeing the provision of medically oriented services, shall be considered a massage establishment use as defined under Section 790.60 and 890.60 of the Planning Code.

In cases where massage establishment use is provided in conjunction with medical service use, the total floor area and hours of operation of the massage use shall be considered in determining whether the massage use is principal or accessory to the medical service use. In addition to the interpretation of Code Section 204 issued in March 97, which limits the accessory massage use to no more than 300 square feet and no more than two massage therapists where the accessory massage space is accessed only through the space controlled by a medical service or personal service; in South of Market and Chinatown mixed use districts and Neighborhood Commercial zoning districts, the accessory massage use hours shall not exceed 1/3 of the total hours of operation of the business. In all other zoning districts, accessory massage use hours are limited to ¼ of the total hours of operation of the business. An affidavit by the medical service provider is required describing the type of services provided on the premises, the number of employees providing such services, and hours of operation of medical service provider and other employees per week.

of operation of the business. In all other zoning districts, accessory massage use hours are limited to ¼ of the total hours of operation of the business. An affidavit by the medical service provider is required describing the type of services provided on the premises, the number of employees providing such services, and hours of operation of medical service provider and other employees per week.

For an acupuncture office to be classified as a principal medical service use, which also provides massage as an accessory use, a State licensed acupuncturist must have offices on the premises. In South of Market and Chinatown Mixed Used Districts and Neighborhood Commercial Zoning Districts, the acupuncturist must be present for 2/3 or more of the operating hours of the business. In all other districts, the acupuncturist must be present ¾ or more of the operating hours of the business, consistent with accessory use provisions for the respective districts.

Code Section: 890.116

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 890.124

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 903(a)(6)

Subject:

Effective Date:

Interpretation:

See "Building, meaning for `enclosed building rule' /96" in the Interpretations - Alphabetical

Code Section: 983(b)

Subject: Alterations to Mission Bay NCUs Effective Date: 10/90

Interpretation:

This Section allows enlargement, intensification, extension or expansion of a nonconforming use by Zoning Administrator approval through the variance procedure provided the modifications "comply with requirements that would apply if the use was [sic] located in an M-1 Use District." It was not the intent of this Section to exclude M-2 uses from the benefits allowed by this Section. Therefore, the M-1 requirements referenced are limitations found in Article 1, not use limitations found in Article 2.

Code Section: 983(b)

Subject: Mission Bay NCU alterations

Effective Date: 10/90

Interpretation:

This Section allows enlargement, intensification, extension or expansion of those nonconforming uses subject to Article 9 with Zoning Administrator approval and provided that the modifications comply with requirements that would apply to the use in question if it were located within an M-1 Use District. The M-1 Use District requirements referred to are not that district's use provisions but rather its quantitative standards such as parking and FAR that would apply to the use in question. In many instances, applying the use provisions of the M-1 Districts would make the subject use a permitted use rather than an NCU.

Code Section: 1006

Subject: Certificate of appropriateness required

Effective Date: 11/97

Interpretation:

This Section establishes three criteria for when a certificate of appropriateness is required. It is the intent of this interpretation to clarify that the three criteria are mutually exclusive and the requirement is not dependent upon satisfying all or any combination of the criteria. Therefore, if a project meets any one of the three criteria it requires a certificate of appropriateness.

INTERPRETATIONS -- ALPHABETICAL

Subject: ABC license, conditions of approval

Effective Date: /95

Interpretation:

The Planning Department may attach conditions to its approval of an Alcoholic Beverage Control Commission license. The conditions may be spelled out in a letter, a copy of which would be attached to the license and sent to the applicant. (Other interpretations on ABC licensing can be found under Interpretation 204.1.)

Subject: Access to dwelling unit

Effective Date: 11/93

Interpretation:

Primary access to a dwelling unit can be from the required rear yard.

Subject: Accessory use

Effective Date:

Interpretation:

See Interpretations 204.1 and 204.3;

also "Satellite dish antennae" and "Sausage manufacture"

Dwelling, parking for -- SeeInterpretation 151

Subject: Acupressure Services

Effective Date: 5/07

Interpretation:

These sections define medical service use as "a retail use which provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes a clinic, primarily providing outpatient care in medical, psychiatric or other medical services, and not part of a hospital or medical center, as defined in Section 790.44 and 890.44 of Planning Code". Acupressure services, provided by an individual who is not licensed by a State-sanctioned Board overseeing the provision of medically oriented services, shall be considered a massage establishment use as defined under Section 790.60 and 890.60 of Planning Code.

Subject: Adult day care

Effective Date: 3/95

Interpretation:

Adult day care is treated the same as child day care.

Subject: Adult videos

Effective Date:

Interpretation:

See "Video, adult"

Subject: Aerobics, where permitted

Effective Date:

Interpretation:

See "Personal service"

Subject: Alcohol RUSDs and NCU/LCUs

Effective Date: 07/09

Interpretation:

Section 186(a)(2) states that a nonconforming use in an RH or RM District which is located within ¼ mile from any Individual Area Neighborhood Commercial District or restricted use subdistrict is exempt from the termination provisions of Section 185 if they meet all of the requirements and restrictions of the nearest Neighborhood Commercial District or restricted use subdistrict. Since 1985 there have been 6 alcohol restricted use areas put in place. A question has arisen about whether a nonconforming use within ¼ mile from one of these alcohol restricted use areas must adhere to the restrictions of that district. The three most recent alcohol restricted use areas have boundaries which closely track the Neighborhood Commercial Boundaries. The earlier alcohol restricted use areas have much broader boundaries, incorporating not only Neighborhood Commercial Districts, but Residential and Industrially-zoned Districts. The Zoning Administrator has determined that if the alcohol restricted use district is coterminous with the underlying Neighborhood Commercial zoning then all nonconforming uses within ¼ mile must meet the restrictions of that alcohol restricted use district. However, if the boundaries of the alcohol restricted use district are broader than underlying Neighborhood Commercial zoning and the designating Ordinance does not state any ¼ mile requirement, then nonconforming uses do not have to adhere to that alcohol restricted use district. Therefore, there is no ¼ mile buffer around the North of Market Residential Special Use District (Section 249.5), Mission Alcoholic Beverage Special Use District (Section 781.8), or with the Third Street Alcohol Restricted Use District (Section 782).

Subject: Animal services, where permitted

Effective Date: 8/90

Interpretation:

Five animal service use categories in the Planning Code have been identified. (1) An animal hospital in an NC District is as defined and regulated by Article 7 of the Planning Code while animal hospitals and clinics in C and M Districts are regulated by Section 224(a) of the Code. (2) A grooming shop falls under the category of "retail services, other" as defined in Planning Code Section 790.102 or "retail sales and personal services" as defined in Section 218. (3) Cat and dog boarding as a principal use is first allowed in a CM District pursuant to Planning Code Section 224(c). As an accessory use to a veterinary hospital or clinic, cat and dog boarding would be allowed only if treatment requires such boarding. (4) A pet shop which sells directly to the ultimate consumer the usual domestic animals as pets is a retail use. (5) A pet supply store which sells pet food, toys, apparatus and similar pet items is a retail use.

Subject: Antennae, satellite

Effective Date:

Interpretation:

See "Satellite dish antennae"

0-0-0-46688

Map Sheet Key

(Click HERE)

Zoning Use District ("ZN") Maps

(Click HERE)

Height & Bulk District ("HT") Maps

(Click HERE)

Special Use District ("SU") Maps

(Click HERE)

Preservation District ("PD") Maps

(Click HERE)

Coastal Zone Area ("CZ") Maps

(Click HERE)

Special Sign District ("SS") Maps

(Click HERE)

0-0-0-34348

Ordinances Affecting the Planning Code

Publisher's Note: The following table lists all ordinances affecting the Planning Code passed by the Board of Supervisors beginning in 2011. The table includes links to the ordinances (as maintained in PDF format on the Board of Supervisors' web site) and to the code sections affected. For other legislation, including older ordinances and those affecting other codes, please refer to the Comprehensive Ordinance Table or the Board's "Legislation Passed" web site. Jump to:

2011 Ordinances

2012 Ordinances

2013 Ordinances

2014 Ordinances 2015 Ordinances

2016 Ordinances 2017 Ordinances

2018 Ordinances 2019 Ordinances 2020 Ordinances 2021 Ordinances 2022 Ordinances 2023 Ordinances 2024 Ordinances

2025 Ordinances 2026 Ordinances

New Ordinances

2011

2012

2014

2015

2016

2017

2018

Sections Affected: 311

2019

2020

2022

2023

743, 744, 745, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 761, 762, 763, 764, 780.1, 780.3, 781.1, 781.6, 781.7, 781.9, 810, 811, 812; Repealing 179.2, 781.5

2024

2025

2026

New Ordinances

Publisher's Note: The following table lists all ordinances affecting the Planning Code that have been passed by the Board of Supervisors but that are not yet effective (or operative, as the case may be). The table includes links to the amending ordinances (as maintained in PDF format on the Board of Supervisors' web site) and to the code sections affected. For other legislation, including older ordinances and those affecting other codes, please refer to the Comprehensive Ordinance Table or the Board's "Legislation Passed" web site.