San Francisco Planning Code — Zoning Administrator

San Francisco Planning Code — Interpretations¶

PLANNING CODE - INTERPRETATIONS¶

Office of the Zoning Administrator

The San Francisco Planning Department

49 South Van Ness Ave, Suite 1400

San Francisco, California 94103

These Planning Code Interpretations include changes through January 20, 2026

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.

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.

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.

Subject: "Floor area, gross" Effective Date: 7/89

Interpretation:

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.

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)

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 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.

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¶

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¶

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¶

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…¶

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)

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

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

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:¶

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:

The project is an alteration to an existing building that does not include a horizontal addition expanding the building deeper into the lot; and
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:

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.

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:

How is the ground story is determined on a sloping lot?
What is considered a floor of occupancy?
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.
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:¶

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: 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:

The size of the open area is equal to, or greater than, the entire noncovered area requirement resulting from the site coverage requirement;
Each horizontal dimension of the open area is a minimum of 15 feet;
The open area is placed in a manner that provides optimal light and air to the subject and adjacent properties; and
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:

The lowest sill of the window must maintain an unobstructed access plane of 45 degrees to the edge of the qualifying open area;
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
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:

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.

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

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.

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.

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

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 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).

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.

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 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.

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 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.

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.

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.

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 Codecomplying 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

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)¶

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).

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.

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.

(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 ROR 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.

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

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.

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…¶

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.

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.

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

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.

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

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

Subject: Wireless transmission facility

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.

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

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.

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:

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”

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

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 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.

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:

An addition of a fully new floor above the upper most floor of an existing building;
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;
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.
An addition of a new stair or elevator penthouse;
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
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:

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.”
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).

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:

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.
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.
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:

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

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:

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;
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
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

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…¶

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

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)¶

Effective Date:

Interpretation:

See "Installation of auto accessories 4/96" in the Interpretations - Alphabetical

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.

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.

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

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:

Basement levels may contain office uses without counting against the maximum number of stories permitted to contain office in Table 803.9(h).
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

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.

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:

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:

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"

Subject: Athletic field

Effective Date: Interpretation:

See Interpretation 209.5(a)

Subject: ATMs (automatic teller machines)

Effective Date:

Interpretation:

See Interpretations 145.2(b)(1)(A), 178(c) and 703.2(b)(1)(C)

Subject: Art requirement

Effective Date: 4/86

Interpretation:

See Interpretation 149 Art requirement, gross floor area

Subject: Artist's work space, parking requirement

Effective Date: 7/86

Interpretation:

The parking requirement for artist's work space which is NOT live/work: one stall per 1,000 square feet of usable floor area because it is similar to an architect's office.

Subject: Auction house, in NCD

Effective Date: 2/88

Interpretation:

See Interpretation 703.2(a) Uses permitted in NCDs

Subject: Auditorium, school, parking requirement

Effective Date:

Interpretation:

This is an accessory use to a school if it is not used as a schoolroom and not rented out to other than school events. As such, it does not count in the parking computation since parking is linked to the number of classrooms. If it is used as a separate classroom, it would count as such for parking purposes.

Subject: Auto repair

Effective Date:

Interpretation:

See several interpretations beginning at Interpretation 223(f) and following

Subject: Auto repair, mobile

Effective Date: 10/03

Interpretation:

The Planning Code has no jurisdiction over a mobile auto repair business which operates auto repair from a truck that moves to people's houses to repair their vehicles. This assumes that the autos are those used by the occupants, patrons, employees or services of the structure visited and the visit is on an emergency or occasional basis. If autos were brought to a location for the purpose of being repaired by this "mobile" repair business, the business at that location would be subject to the Planning Code.

Subject: Auto repair, parking requirement for

Effective Date: 5/92

Interpretation:

Automobile repair is a "service, repair or wholesale sales space" rather than "other manufacturing and industrial uses" in the parking table. Therefore, the parking requirement is one stall per 1,000 square feet of usable floor area.

Subject: Bank vault

Effective Date:

Interpretation:

See Interpretation 240.3

Subject: Bar, as accessory to restaurant

Effective Date: 8/87

Interpretation:

See Interpretation 204.3

In NCDsInterpretation 790.22

Subject: Baseball batting cage, where permitted

Effective Date: 3/95

Interpretation:

A baseball batting cage would be treated as an "open recreational area" per Sections 209.5(a) or 221(g) if it is unenclosed and not-for-profit. If it is for profit, it would be treated per Section 221(f) if enclosed and Section 221(h) if unenclosed. It would not be permitted in the South of Market Districts per Section 803.4 and would be an "entertainment, other" use in the Neighborhood Commercial Districts per Section 790.38.

Subject: Bathhouse

Effective Date:

Interpretation:

See "Sex clubs, where permitted 3/97"

Subject: Bathhouse, parking requirement and use category

Effective Date: 12/86

Interpretation:

The parking requirement for a bathhouse is one stall per 500 square feet of occupied floor area as a personal service use (other retail).

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.

Subject: Bernal Heights - Height limits applicable to the rear of the property

Effective Date: 08/09

Interpretation:

Subject: Betting facility, where permitted

Effective Date: 9/90

Interpretation:

A space to conduct off-track, video-linked parimutuel betting would be an amusement enterprise per Section 221(f) in those districts subject to Section 221. It would be "other entertainment" as defined in Sections 790.38 and 890.37 in the Neighborhood Commercial and Mixed Use Districts respectively. It would be Category No. 40 (pool hall, card club) in the South of Market Districts.

Subject: Bird cage

Effective Date:

Interpretation:

See Interpretation 136(c)23

Subject: Brewery, small

Effective Date: 11/88

Interpretation:

See Interpretation 890.54(a) South of Market controls, light manufacturing

Subject: Broadcasting or TV station, parking requirement

Effective Date: 6/85

Interpretation:

TV stations are analogous to offices or studios of design professionals or graphic artists concerning parking generation. Therefore, their parking ratio is one parking space for every 1,000 square feet of occupied floor area, excluding accessory office space within the station. There is a 5,000 square foot threshold. If office space exceeds the amount allowed as accessory, all the office space will be considered as a principal office use and would have its own parking requirement accordingly. Any space dedicated to audience accommodation must be subject to its own parking requirement with the formula for auditoria.

Subject: Building, meaning for "enclosed building rule"

Effective Date: /96

Interpretation:

Sections 212(a), 703.2(b)(1), 803.2(b)(1) and 903(a)(6) require that most uses controlled by Articles 2, 7, 8 and 9 respectively be conducted within an enclosed building. Some zoning districts are not subject to the above Sections but even in those districts, the use charts require enclosure within a building for certain uses. One of the reasons for the requirement is to avoid various potential nuisance factors. For purposes of these provisions, a tent shall be considered a building only to the extent that it fulfills the purpose of the requirement. For example, if a tent or other temporary or prefabricated building does not provide adequate noise attenuation where that is the nuisance factor of concern, such building may not be approved. Such buildings could be disapproved on the basis of neighborhood character or established design guidelines. Often, such buildings also may be disallowed by other City Codes.

Subject: Cabaret, parking requirement

Effective Date: 8/87

Interpretation:

If a movie theater is converted to a cabaret with seating at tables, liquor and hors d'oeuvres food service, it is subject to the off-street parking requirements of a nightclub with a ratio of one stall per 200 square feet of usable floor area as a nightclub.

Subject: Cannabis clubs, where permitted

Effective Date: 1/97

Interpretation:

A club where marijuana is grown and/or purchased with medical prescription is a use described in Section 209.3(d) (social service or philanthropic facility) or in Section 209.4(b) (private clubhouse) for the RH, RM and RC Districts, in Sections 790.50(a) and 890.50(a) (assembly and social service) for the NC and Mixed Use Districts respectively and in Section 217(d) for the C and M Districts.

Subject: Card club, use category and parking requirement

Effective Date: 8/91

Interpretation:

In the use districts governed by the Article 2 use charts, a for-profit card club is an "amusement enterprise" per Section 221(f), while a nonprofit club is per Section 221(a) or 209.4(b). In the Neighborhood Commercial and Chinatown Districts, a for-profit card club is "other entertainment" per Sections 790.38 and 890.37, respectively. In the South of Market Districts, a for-profit card club is "pool hall, card club" (Category .40). In both the Neighborhood Commercial and the Mixed Use Districts, a nonprofit card club is "other institutions, large" per Sections 790.50 and 890.50, respectively. Parking for either a for-profit or nonprofit card club is one stall per 200 square feet of occupied floor area when the occupied floor area exceeds 5,000 square feet.

Subject: Cargo containers

Effective Date:

Interpretation:

See "Open storage"

Subject: Carport, noncomplying

Effective Date: 12/00

Interpretation:

See Interpretation 188

Subject: Carts (pushcarts, food catering)

Effective Date:

Interpretation:

See "Catering trucks and pushcarts, where allowed"

Subject: Cat boarding

Effective Date:

Interpretation:

See Interpretation 224(c)

Subject: Catering

Effective Date:

Interpretation:

See Interpretation 790.104

Subject: Catering trucks and pushcarts, where allowed

Effective Date: 12/91

Interpretation:

The Planning Code technically has no jurisdiction over uses in street rights-of-way even though streets are zoned. Despite the Planning Code's lack of jurisdiction, catering trucks and pushcarts require a Police license to operate in street space and the Police Department asks the Planning Department for a recommendation before issuing a license. For purpose of this recommendation, the Department considers food service carts and trucks to be small self-service restaurants if an open activity area is allowed in front of the building. Usually, the Department's recommendation is based upon how a small self-service restaurant is treated in the zoning district in which the street space is located. The recommendation is positive if a small self-service restaurant is a permitted use in that district or if the Department would recommend approval of one on that block in a conditional use hearing. The recommendation is negative if a small selfservice restaurant would not be allowed or if the Department would recommended against one on that block in a conditional use hearing.

The Fisherman's Wharf area is treated differently. There, the Department recommends against any use of street space for these uses but will recommend their approval as open uses surrounded by building walls such as in courtyards of retail buildings.

Property zoned "P" other than a street right-of-way is subject to the Planning Code. Uses allowed in P Districts are those of a governmental agency which uses conform to the General Plan. Normally, therefore, uses are reviewed by the Planning Department as a General Plan referral. Generally, the Department's recommendation is based upon the nearest zoning district following the same course as described above for street space. Note the restriction provided by Section 234.

The Recreation and Park Department claims that the Planning Department does not have jurisdiction over individual contracts and licenses for services in parks. To the extent that the Department is consulted, its recommendation is based upon the nearest zoning district other than P and follows the same course as described above for street space.

Subject: Changes in Use for NCU

Effective Date: 11/06

Interpretation:

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."

Subject: Christian Science Reading Room

Effective Date:

Interpretation:

See Interpretation 790.50(d)

Subject: Church, offices accessory to

Effective Date: 8/88

Interpretation:

See Interpretation 204.3

As accessory to house - See Interpretation 204.1 10/94

Subject: Coffee roasting

Effective Date: 10/89

Interpretation:

A coffee roasting operation with one roaster and one packaging machine in 2,200 square feet was considered to be light food processing described in Section 226(c) noting that it would be subject to the nuisance provisions of Section 202(c) which would force it into the heavy industrial district if it were deemed to be a nuisance due to odors, etc.

Subject: Commodity trading broker

Effective Date: 1995

Interpretation:

See Interpretation 703.2(a) Financial versus business/professional service, NC

Subject: Community center, parking requirement

Effective Date: 2/86

Interpretation:

The parking requirement for this use is determined by calculating the parking requirement of each specific use in the facility (assembly, gymnasium, etc.) and totaling the parking requirements for each of these.

Subject: Computer repair

Effective Date:

Interpretation:

See "Personal computer repair"

Subject: Concordance

Effective Date: 3/97

Interpretation:

See Interpretation 201 Classes of use districts, pre- versus post-1978

Subject: Conditional uses

Effective Date:

Interpretation:

See Interpretation 178 and following

Subject: Contractor's office and storage, where permitted

Effective Date: 1/86

Interpretation:

This use has been first permitted in a C-2 District. It will be considered to be a .53 "business or professional service" in the NC Districts.

Subject: Crematorium

Effective Date: 12/90

Interpretation:

A cremation machine as part of a mortuary establishment would require a conditional use authorization in an M-2 District pursuant to Planning Code Section 226(v). This Section states that an incinerator is first permitted as a conditional use in the M-2 District.

Subject: Crematory, storage of human remains

Effective Date: 5/91

Interpretation:

It was determined that a facility solely for the storage of human remains awaiting cremation would be a use analogous to a mortuary even if it did not provide some of the same services as a mortuary.

Subject: Density

Effective Date:

Interpretation:

See Interpretation 207.1 and following

Limits, RH-1 PUD - See Interpretation 304(d)(4) 1/87

Of group housing - See Interpretation 209.2 7/88

Subject: Discretionary review fee

Effective Date: 3/89

Interpretation:

See Interpretation 363

Subject: Discretionary review

Effective Date: 9/89

Interpretation:

It was determined that since the Planning Department does not review building permits for property subject to the jurisdiction of the Redevelopment Agency, that the Planning Commission has no discretionary review authority over property in the redevelopment areas. An official City Attorney's opinion has been requested to verify this determination.

Subject: Dog grooming service, in NCD

Effective Date: 1/88

Interpretation:

See Interpretation 790.104 Sales and services, retail

Subject: Dwelling

Effective Date: 6/90

Interpretation:

See Interpretation 159(b)

Subject: Dwelling unit

Effective Date:

Interpretation:

Also see under Interpretation 102...207.1 and 209.2

Subject: Dwelling unit, guest quarters

Effective Date: 1/89

Interpretation:

Guest quarters or guest rooms are considered to be dwelling units if they have cooking facilities. Therefore, if the "3R" Report indicates that the guest quarters have cooking, the space in question will be considered to be a legal dwelling unit.

Subject: Elderly, units designed for, density of

Effective Date: 2/88, 8/89 and 12/89

Interpretation:

See Interpretations 209.1(m)

Subject: Excavated lot

Effective Date: 12/89

Interpretation:

See Interpretation 136(c)(24)

Subject: Exemption of affordable units required per Sec. 315 from base floor area ratio limits

Effective Date: 11/04

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 315 requires that a certain percentage of all units constructed on a project site be affordable for fifty years to qualifying households earning 100% of the city's median income for ownership projects, and 60% of the city's median income for rental projects. In C-3-G and C-3-S districts, units required under Sec. 315 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. 315 are exempted from the base floor area ratio limit in C-3-G and C-3-S districts.

Subject: Expiration of provisions

Effective Date:

Interpretation:

See "Sunset clause, effect on corresponding mapped district 11/96"

Subject: Family, limit on number of people

Effective Date: 7/86

Interpretation:

See Interpretation 102... "Family"

Subject: Fees

Effective Date: 3/89

Interpretation:

See Interpretations 350(a) 7/93; and 363

Subject: Fee Payment for Legitimization

Effective Date: 2/12

Interpretation:

building or site permit instead of within five years.¶

Subject: Film production facility, where permitted and parking requirement

Effective Date: 8/87

Interpretation:

This is classified as a light industrial use permitted in the M-1 District (or in the C-M District with a PUD). Parking requirement: one stall per 1,500 square feet of occupied floor area as "other industrial."

Subject: Filter cleaning, restaurant

Effective Date:

Interpretation:

See Interpretation 790.100

Subject: Fish cleaning, where permitted

Effective Date: 1/88

Interpretation:

See 226(d)

Subject: Floor area, definition

Effective Date:

Interpretation:

See under Interpretation 102.

Subject: Floor area ratio

Effective Date:

Interpretation:

See Interpretation 124.1(d)

Subject: General Plan referrals

Effective Date: /95

Interpretation:

The City Charter requires that various proposals to change, acquire or sell streets or other City property be referred to the Planning Commission to determine compliance of the proposal with the General Plan. Some referrals require a determination by the City Planning Commission itself while other referrals are delegated to the staff for determination. The question arose as to what avenues are available to appeal the Department's determination concerning a General Plan referral. The proper appeal for either a staff or Commission General Plan referral determination should be to the Board of Supervisors as part of their consideration of the proposal itself.

Subject: Group housing

Effective Date:

Interpretation:

See Interpretation 159(b)6/90; 204.1 8/88;

209.2(a) Density of–See Interpretations 208+; 209.2 4/89

+More than one interpretation on this subject under this reference.

Subject: Group housing, mixed with regular housing

Effective Date: 1/97

Interpretation:

Group housing and regular apartments can be combined in the same development. The density for each type must be calculated separately according to the formula for each type and cannot count the same lot area more than once. The method for calculating such mixed residential development differs between the districts where the as-of-right density is a formula and the RH Districts where the density is fixed.

For example, an owner wants three regular dwelling units on a 2,500 square foot lot zoned RM-4 which allows one dwelling unit per 200 square feet of lot area. One would multiply the lot area-per-dwelling-unit value times the number of dwelling units desired to find the amount of lot required for the three dwelling units (200 x 3 = 600). The remainder of the lot area (2,500 – 600 = 1,900) is divided by the RM-4 group housing lot area-per-room value (70 square feet) to find how many group housing rooms are allowed on the lot along with the dwelling units (1,900/70 = 27 rooms).

lot area-per-dwelling-unit value times the number of dwelling units desired to find the amount of lot required for the three dwelling units (200 x 3 = 600). The remainder of the lot area (2,500 – 600 = 1,900) is divided by the RM-4 group housing lot area-per-room value (70 square feet) to find how many group housing rooms are allowed on the lot along with the dwelling units (1,900/70 = 27 rooms).

In the case where a lot in an RH District is not developed to the full number of dwelling units permitted, there also is potential for group housing. For example, an RH-3 District allows three dwelling units on any legal lot no matter what size. If a 1,750 square foot lot zoned RH-3 contains only two dwelling units, one can find the permitted number of group housing rooms by dividing the lot area by three to find the lot square footage represented by the number of potential dwelling units allowed (1,750/3 = 583.3 square feet). Since there is one dwelling unit's worth of lot area not used by dwelling units, that share (583.3) can be divided by the RH-3 group housing lot area-per-room value (275 square feet) to find how many group housing rooms are allowed on the lot along with the dwelling units (583.3/275 = 2 rooms).

Subject: Guest quarters

Effective Date:

Interpretation:

See "Dwelling unit," above

Subject: Gymnasium, where permitted and parking requirement

Effective Date:

Interpretation:

See "Recreation building," below. In NCD, this use would be "institutional, other" if nonprofit. If for profit, it is "personal service."

Parking requirement: one stall for each 200 square feet of occupied floor area for both institutional or for profit type unless it is associated with an auditorium, in which case, it has the parking required for an auditorium.

Subject: Health club, parking requirement

Effective Date: 6/87

Interpretation:

Parking for a health club that contains various associated uses must provide parking according to the formulae for each specific associated use in the same manner as a community center (which see under alphabetical above). Therefore the bar, restaurant and child care facilities within the health club must have their own assessment as well as the gymnasium. Based upon earlier decisions, the several types of two- or four-player courts have a requirement of 2.5 stalls per court.

Subject: Health spa, where permitted

Effective Date:

Interpretation:

See "Personal service"

Subject: Height Limits applicable to the front portion of the property

Effective Date: 01/06

Interpretation:

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.

Subject: Hotel, classification of

Effective Date: 1/91

Interpretation:

A residential hotel —units without individual cooking facilities but with monthly tenure—is classified as group housing pursuant to Sections 209.2(a), 216, 790.88(b) and 890.88. A transit hotel —units without individual cooking facilities and less than monthly tenure— is a commercial use pursuant to Sections 209.2(d) and (e), 216(b), 790.46 and 890.46.

Subject: Hotel

Effective Date: Interpretation:

See Interpretations

1514/87;

209.24/89;

209.2(a)2/88

Subject: Houseboat

Effective Date: 4/89

Interpretation:

It was declared that any boat is a maritime use. Therefore, "live-aboard" boats would be permitted as a principal use anyplace where maritime use is a principal permitted use provided the vessel is operable.

Subject: Housing Ratio in the MUR District

Effective Date: 5/09

Interpretation:

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 inRC 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.

Subject: Illegal units

Effective Date:

Interpretation:

See "Potential illegal units"

Subject: Impound lot for private cars

Effective Date: 12/87

Interpretation:

See Interpretation 223

Subject: Installation of auto accessories

Effective Date: 4/96

Interpretation:

Installation of automobile accessories and appliances may be allowed as an accessory use to the retail store that sells the accessories and appliances provided it conforms to the accessory use provisions for the district in question per Interpretation 204 Installation service as accessory use 10/89. Such installation not accessory to retail sales would be allowed under the rules for a service station or repair garage.

Subject: Kennel

Effective Date:

Interpretation:

See Interpretation 224(c)

Subject: Landings, stair

Effective Date: 8/88

Interpretation:

See Interpretation 136(c)(14)

Subject: Landlocked lot

Effective Date: 12/87

Interpretation:

See Interpretations 102 . . . “Lot” 10/89; 134 12/87

Subject: Landscaping

Effective Date:

Interpretation:

See Interpretation 132(g)

Subject: Legitimization, "Continuous Basis"

Effective Date: 5/09

Interpretation:

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 a 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.

Subject: Limousine service, permitted in SLR

Effective Date: 3/95

Interpretation:

It was determined that a limousine service which stores limousines in an enclosed building and dispatches them from the site would be a permitted use in the SLR District since "automobile parking lot, community commercial" (Section 816.27); "vehicle storage, enclosed" (Section 816.57); "motor vehicle repair" (Section 816.60) and "public transportation facilities" (Section 816.63) are all permitted uses in the SLR District. The subject use would most closely resemble "vehicle storage, enclosed" as defined in Section 890.132.

Subject: Live fish, sale, storage and/or killing of

Effective Date: 8/96

Interpretation:

Despite the fact that the killing of live poultry for retail sale is allowed only in the C-M, M-1 and M-2 Districts (see “Poultry, storage, etc. . . . ”), the killing of fish for retail sale on the premises and their storage for this purpose is allowed as a general retail sales use. Normally, the extent of such killing, the size of the fish and the amount of byproduct will not be the same as what might be expected for poultry slaughter and therefore, would be more in keeping with the character of retail food sales.

Subject: Live poultry

Effective Date:

Interpretation:

See "Poultry, storage and sale of, killing of"

Subject: Live/work space, parking for

Effective Date: 4/87

Interpretation:

See Interpretation 150(c)(1)

Subject: Live/work space, where permitted

Effective Date: 11/87

Interpretation:

Live/work is not permitted in Neighborhood Commercial Districts. Live/work is allowed in NCUs in RH and RM Districts when they conform to Section 204.1 and to the other requirements for dwellings in its zoning district or pursuant to Sections 209.9 and 303(c)(6). After passage of the Citywide live/work legislation which allows live/work in many districts under certain conditions, this interpretation was reconsidered and reconfirmed. It was determined that, since the

ork is allowed in NCUs in RH and RM Districts when they conform to Section 204.1 and to the other requirements for dwellings in its zoning district or pursuant to Sections 209.9 and 303(c)(6). After passage of the Citywide live/work legislation which allows live/work in many districts under certain conditions, this interpretation was reconsidered and reconfirmed. It was determined that, since the

Neighborhood Commercial Rezoning Study (NCRS) was underway at the time the Citywide live/work ordinance was adopted, the NCRS would have incorporated its provisions if live/work had been desired in the NC Districts.

Subject: Lot

Effective Date:

Interpretation:

For impounding cars—See Interpretation 223(t) 12/87 Illegal—See Interpretation 173 3/88 Landlocked—See Interpretations 102. . . . “Lot” 10/89; 134 12/87

Subject: Manufacturing as accessory to retail

Effective Date: 5/88

Interpretation:

See Interpretation 204.3(a)(5)

Subject: Marble cutting—Where permitted

Effective Date: 2/87

Interpretation:

A business that cuts marble to size or specification of the customer from rough slabs is similar to those uses addressed by Section 226(h).

Subject: Maritime use

Effective Date:

Interpretation:

See "Houseboat"

Subject: Martial arts studio

Effective Date: 2/87

Interpretation:

An establishment which teaches martial arts for a profit is in the "personal service" category under Neighborhood Commercial zoning.

Subject: Massage, out call, office for, use category

Effective Date: 7/96

Interpretation:

An office for an out call massage business is categorized as an office if no massage is conducted on the premises. If any massage is conducted on the premises, even if the area used to conduct the massage is less than ¼ of the establishment's floor area, the entire establishment, including the office would be categorized as a massage establishment.

Subject: Merger of dwelling units

Effective Date:

Interpretation:

See Interpretations 102 . . . “Dwelling unit” ; two dwelling units combined 6/93; 790.84 10/91; 803.5(b) 10/91

Subject: Mortuary

Effective Date: Interpretation:

See "Crematory"

Subject: Motorcycle repair

Effective Date: 1/88

Interpretation:

See Interpretation 223(h), (i)

Subject: Museum, parking requirement

Effective Date: 1/86

Interpretation:

The same parking formula as for a theater or auditorium is used to determine the parking requirement for a museum, except that the unit of measurement is the number of persons permitted pursuant to the fire occupancy rating rather than the number of seats. Since in this case the museum is a public one subject to General Plan referral, the Zoning Administrator could modify this requirement if the environmental evaluation or other traffic analysis justified it.

Subject: Music

Effective Date: 3/88

Interpretation:

See Interpretation 204.1

Subject: Neighborhood Commercial Districts, general

Effective Date:

Interpretation:

See Interpretation 700 and following Nonconforming uses within—See Interpretation 186.1+ +More than one interpretation on this subject under this reference.

Subject: Neighborhood Commercial, uses permitted

Effective Date: Interpretation:

Live/work is permitted neither in Neighborhood Commercial Districts nor in NCUs unless they conform to Section 204.1 and to the other requirements for dwellings in its zoning District.

See also Article 7 in the Interpretations by Code Section above.

Subject: Noncomplying lots

Effective Date: Interpretation:

See Interpretation 173+

+More than one interpretation on this subject under this reference.

Subject: Nonconforming sign, change in copy

Effective Date:

Interpretation:

See Interpretation 604+ +More than one interpretation on this subject under this reference.

Subject: Nonconforming uses

Effective Date:

Interpretation:

See Interpretations 181+ through 186.1+; 983+

+More than one interpretation on this subject under this reference.

Subject: Nonconforming Uses: Discontinuance and Abandonment as it relates to Use Size

Effective Date: Interpretation:

This Interpretation memorializes a long-standing Department practice.;p0;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.;p0;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 Codecomplying 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.;p0;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.

Subject: Notice, Duplicates

Effective Date: 2/01

Interpretation:

See Interpretations 311/3122/01

Subject: Notice for Day Care and Residential Care Facilities

Effective Date: 02/06

Interpretation:

State Law requires that both family daycare up to 12 children and residential care for up to six people are nondiscretionary. The state requires that family day care and residential care be treated as permitted uses that do not fundamentally alter the nature of the underlying residential uses. Since 311 and 312 notices could potentially lead to Discretionary Review requests that cannot be acted upon, as the permits are nondiscretionary, such day care uses up to 12 children and residential care uses up to 6 people are exempt from such notices. However, if there is an expansion of the site that would require Section 311/312 notice, then the project is still subject to notice.

Subject: Notification, Change of use for nonconforming/limited conforming uses in nonresidential buildings

Effective Date: 11/08 (Amended 06/09)

Interpretation:

Planning Code Section 311 requires notification for certain projects in RH and RM districts. Projects subject to the notification requirement include “ . . . all building permit applications for demolition and/or new construction, and/or alteration of residential buildings . . . ” “For the purposes of this Section, an alteration shall be defined as any change in use or change in the number of dwelling units of a residential building, removal of more than 75 percent of a residential building’s existing interior wall framing or the removal of more than 75 percent of the area of the existing framing, or an increase to the exterior dimensions of a residential building except those features listed in Section 136(c)(1) through 136(c)(24) and 136(c)(26).” Technically then, uses which are non-residential could be demolished (as defined), expand or change use without notification if they constitute the sole occupancy of a structure in RH and RM districts’. (It is possible that the original legislation did not contemplate this exception to the notification requirements as most allowable nonresidential uses in RH and RM districts, such as schools and churches, are separately subject to discretionary approvals with associated notice, most often Conditional Use approval, for change of use or significant expansions.)

a structure in RH and RM districts’. (It is possible that the original legislation did not contemplate this exception to the notification requirements as most allowable nonresidential uses in RH and RM districts, such as schools and churches, are separately subject to discretionary approvals with associated notice, most often Conditional Use approval, for change of use or significant expansions.)

Section 307 of the Planning Code states the Zoning Administrator may “ . . . consistent with the expressed standards, purposes and intent of this Code and pursuant to its objectives, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator’s opinion necessary to administer and enforce the provisions of this Code.” In this instance, the ZA believes that it is not logical, nor consistent with the intent of the Code, for conforming uses within residential districts, for example residential buildings that add or subtract units, to be subject to notification requirements while demolitions, expansions or changes in occupancy of non-residential uses, which are generally non-conforming or conditional uses, would not. Therefore, the ZA has determined that notice shall be required under section 311 for all demolitions, expansions and changes of use in RH and RM districts, including those in non-residential buildings.

Subject: Office, as accessory use

Effective Date: Interpretation:

See Interpretations 182(g) 1993; 204.1 8/88 and 1/69; 204.3 8/88

Converted from residential use—See “Conversion of residential . . . ” In group housing—See Interpretation 204.18/88

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. (see page 887 of former version) 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.

Subject: Open storage

Effective Date:

Interpretation:

See "Storage, open"

Subject: Open uses

Effective Date: 1988

Interpretation:

See Interpretations 212(a)+; 240.2(g) Prohibited in RC Districts—See Interpretation 209.8 8/89

+More than one interpretation on this subject under this reference.

Subject: Optometrist's office, parking requirement

Effective Date: 3/68

Interpretation:

The area for filing of glasses and sales requires one space per 500 square feet (retail sales). Examination rooms are medical offices and require one space per 300 square feet.

Subject: Orphanages, use classification

Effective Date: 1/67

Interpretation:

Orphanages will be considered to be residential care facilities when licensed by the State as such. Otherwise, they will be classified as group housing. This does not refer to orphans placed with foster parents which situation meets the

definition of "family."

Subject: Outdoor sales area

Effective Date:

Interpretation:

See Interpretation 150(c)(2) 1/87 and "Vending"

Subject: Parcel delivery

Effective Date: 1988

Interpretation:

See Interpretation 223(q), (r), (u), (v)

Subject: Parimutuel betting

Effective Date:

Interpretation:

See "Betting facility"

Subject: Parking, general

Effective Date:

Interpretation:

See Interpretation 150 and following Tandem spaces to remain—See Interpretation 150(d) 11/86

Subject: Parking lots

Effective Date:

Interpretation:

See Interpretations

223(l)4/88;

207+

+More than one interpretation on this subject under this reference.

Subject: Pawnshop, use category

Effective Date: 11/96

Interpretation:

A pawnshop, where used merchandise is held as collateral for monetary loans and often is foreclosed upon and sold, is a retail sales use rather than a financial use. The purpose of distinguishing between these categories in the Neighborhood Commercial and Mixed Use Districts is to control the traditional financial use such as banks and savings and loans which have no commodities for sale and no show windows. While financing may be the principal purpose of pawnshops, the

aspect apparent to the general public is the retail sales of the foreclosed-upon commodities which are presented in show windows. One could shop for a product in a pawnshop as one might in a store offering new merchandise.

Subject: PDR Replacement using Integrated PDR

Effective Date: 5/09

Interpretation:

Subject: Personal computer repair

Effective Date: 4/89

Interpretation:

This is categorized under "trade shop" in the Neighborhood Commercial Districts.

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.

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.

Subject: Porte cochere

Effective Date: 4/88

Interpretation:

See Interpretation 102 . . . “Floor area, gross”

Subject: Potential illegal units

Effective Date:

Interpretation:

The Planning Code (especially Section 307) authorizes and requires the Zoning Administrator to take appropriate action to secure compliance with the Code and to issue and adopt such rules, regulations and interpretations as are necessary to enforce its provisions. The Zoning Administrator has a policy to avoid the creation of illegal units or the appearance of City approval of illegal units by withholding approval of those features in building permit applications which aid in the later transformation of building space into an illegal unit without a permit. A document in the Appendix titled, "Developing Ground Floor Accessory Rooms in Residential Buildings" (commonly known as the "Rooms Down Matrix" ) discloses the conditions under which certain features are permitted.

Subject: Poultry, storage and sale of, killing of

Effective Date: 5/93

Interpretation:

The killing of live poultry for retail sale on the premises and the storage of live poultry for this purpose is a permitted use only in the C-M, M-1 and M-2 Districts per Section 226(r). However, the storage of live poultry for live retail sale (without killing on the premises) would be permitted as a general retail use. Whether such use would actually be permitted at a particular site could also be determined by Health Department concerns or by the general Planning Code provisions concerning performance of potentially obnoxious uses.

Subject: Practice studio, where permitted

Effective Date: 3/95

Interpretation:

A music or other practice or recording studio open to the general public upon appointment versus contract would be treated as a retail service use per Section 218; or a "service, business or professional" use per Section 790.108 or "service, professional" use per Section 890.108. If more exclusively available, it would be treated the same as wholesale sales. Any use may be relegated to the Industrial Districts if found to be obnoxious due to noise.

Subject: Printing, where allowed, plus: for training purposes

Effective Date: 3/97 Interpretation:

Retail printers (those that deal directly with the consumer or ultimate customer on the same premises) are allowed pursuant to Section 222(h), 790.124 or 890.124. Normally, a nonretail printer would be allowed only in those districts which allow the uses described in Section 226(a), (b) and (d) and is not allowed in the Neighborhood Commercial or Mixed Use Districts.

In one case, a retail printer refers a portion of its work to a nonprofit agency which operates a training facility for printing. The agency produces the final product in the course of its instruction. There is no customer contact at the site of the training facility and so it is not a retail printer. The agency is funded through a number of public and private funding sources to provide housing, counseling and training to the disadvantaged. Since the agency is a bona fide nonprofit, social service agency providing counseling as well as training on site, this use would be considered either a personal service [per Section 218, 790.116 or 890.116] or an institutional use [per Section 209.3, 218, 790.50(a) or (c) or 890.50(f)].

Subject: Processing, fish, where permitted

Effective Date: 1/88

Interpretation:

See Interpretation 226(d)

Subject: Public use

Effective Date: 6/90

Interpretation:

See Interpretation 790.80

Subject: Public Use

Effective Date: 08/09

Interpretation:

Subject: Public utility

Effective Date: 1993

Interpretation:

See Interpretations 790.80 3/87; 182(g)

Subject: PUD density limits, RH-1

Effective Date: 1/87

Interpretation:

See Interpretation 304(d)(4)

Subject: Pushcarts

Effective Date: Interpretation:

See Interpretation 212(a) 5/88 and “Catering trucks”

Subject: R Districts, ABC licenses issued in

Effective Date: 4/89

Interpretation:

See Interpretations 204.1+; 204.2 +More than one interpretation on this subject under this reference.

Subject: RC-4 District, uses permitted

Effective Date:

Interpretation:

See Interpretation 209.8+ +More than one interpretation on this subject under this reference.

Subject: Rear Yard Requirement where there is a noncomplying structure in the Rear Yard

Effective Date: 3/10

Interpretation:

Subject: Recording studio

Effective Date:

Interpretation:

See Interpretation 703.2(a) 4/91 and

"Practice studio"

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 category as described in Section 221(e). See also, Interpretation 218 above.

Subject: Recycling center, where permitted

Effective Date: 5/96

Interpretation:

These subsections describe where storage of junk or salvaged materials or a junkyard is allowed in the C and M Districts. A recycling drop-off center conforming to the definitions in Sections 790.80(a) and 890.80(a), respectively is a public use in the NC or Mixed Use Districts. Otherwise, a recycling drop-off center conforming to the same definition is first permitted in a C-2 District. A use that receives and stores material for recycling but is not a drop-off center is first permitted in the M-1 District only within a fully enclosed building pursuant to Section 225(n). Processing of such material or open storage of such materials is permitted only in the M-2 District per Section 225(o).

Subject: Redevelopment Plan

Effective Date: 3/88

Interpretation:

See Interpretation 170 Applicability of code versus Redevelopment Plan

Subject: Redevelopment Plan

Effective Date:

Interpretation:

See "Discretionary review"

Subject: Redevelopment Plan

Effective Date: 3/86

Interpretation:

Where a local ordinance conflicts with the community redevelopment law and an existing plan, the ordinance must yield. It is necessary to examine each individual plan, and possibly owner participation agreements executed pursuant to the plan, to determine whether a conflict exists.

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