Article 12 — [RESERVED] — San Francisco Planning Code

Editor’s Note:

Former Article 12, “Oil and Gas Facilities,” was repealed by Ordinance 217-21, effective January 10, 2022.

SEC. 1201. [REPEALED.] ¶

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1201.1. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1202. [REPEALED.] ¶

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1203. [REPEALED.] ¶

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1204. [REPEALED.] ¶

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1205. [REPEALED.] ¶

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1205.1. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1206. [REPEALED.] ¶

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1206.1. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1207. [REPEALED.] ¶

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1207.1. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1207.2. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1207.3. [REPEALED.]

(Added by Ord. 306-90, App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

SEC. 1208. [REPEALED.] ¶

(Added by Ord. 306-90. App. 8/23/90; repealed by Ord. 217-21, File No. 210807, App. 12/10/2021, Eff. 1/10/2022)

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 September 3, 2025

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.

For the purpose of defining a new Dwelling Unit in the Planning Code, the required kitchen shall consist of a room containing a full-size oven (gas or electric), a counter sink with each dimension greater than 15 inches, and a refrigerator/freezer of at least 12 cubic feet. For the purpose of defining a second kitchen within a Dwelling Unit, such a space may not contain a full-size oven (gas or electric) or cooktop range with more than two burners, but may contain a counter sink of any size and/or a refrigerator/freezer of any size. Stand-alone laundry sinks shall not be considered for the purpose of defining a kitchen in either scenario.

On a case-by-case basis, as determined by the Zoning Administrator, “Permanently Supportive Housing,” as defined in the Administrative Code, may be determined to be Dwelling Units even when providing only limited cooking facilities due to the unique nature of such housing.

Code Section: 102

Subject: "Dwelling unit," residential hotel w/communal kitchen

Effective Date: 5/90

Interpretation:

This Section defines a dwelling unit as a room or suite of rooms designed for one family use and having only one kitchen and that a housekeeping room is a dwelling unit. Residential hotel rooms without kitchens are not considered to be dwelling units. (See Interpretation 209.2 4/89 08/04/89 to see how these are handled.) Adding a communal kitchen to a residential hotel does not change its use under the Planning Code.

Code Section: 102

Subject: "Dwelling unit," definition of living unit with kitchen

Effective Date: 1/92

Interpretation:

This Section defines dwelling unit. It says that a dwelling unit must have a kitchen but it does not mention length of stay for renters. It has been ruled that a unit with a kitchen rented for a duration longer than one week but less than one month is a hotel. Such unit rented for less than a week is a transient hotel room. These units would be subject to the rules of the Planning Code applicable to their respective uses. Certain hotel rooms with kitchens as designated and controlled by the Residential Hotel Ordinance must have a tenure of at least 32 days or be subject to abatement as illegal conversions to a transient hotel unit under the Residential Hotel Ordinance.

Code Section: 102

Subject: "Dwelling unit," two dwelling units combined

Effective Date: 6/93, 4/2003

Interpretation:

This interpretation revokes an interpretation dated 6/93. As reflected in the Planning Commission's Policy on Dwelling Unit Mergers (December 2001), the merger of dwelling units raises significant concerns regarding the loss of housing units and the impact upon the City's overall housing stock. Two legal apartments in a multiple-unit building could be combined by opening a party wall and could be used by one family while retaining both kitchens. This situation would be considered to be two units used by one family, and is considered a dwelling unit merger subject to the Planning Commission's Policy. Although the two units still exist as legally separate units, they are, in effect, merged for the use of one family and should be reviewed against the dwelling unit merger policy, since they have a similar effect upon the City's housing stock.

Code Section: 102

Subject: "Family," roomer or boarder as part of

Effective Date: 7/89

Interpretation:

This Section allows three roomers or boarders to live in a dwelling along with a person or two or more persons related by blood, marriage or legal guardianship as part of the definition of "family." Because the traditional understanding of the terms "roomer" and "boarder" and because the traditional manner in which rooms are let in one's own dwelling involves long-term tenure and because the long-standing interpretation recently expressed in this document (see Interpretation 209.2 4/89 below) requires a minimum tenure of one month for group housing, the terms "roomers" and "boarders" in this definition cannot be used to allow a bed and breakfast or any room rental for a term of less than one month.

Code Section: 102

Subject: "Floor area, gross," ground floor (b)(12)

Effective Date: 3/86

Interpretation:

This Section exempts from the definition of gross floor area in the C-3 Districts, up to 75 percent or 5,000 square feet of ground floor "devoted to personal services, restaurants, and retail sales of goods intended to meet the convenience shopping and service needs of downtown workers and residents." The intent of this Section is to encourage uses creating pedestrian activity and interest. While a theater may generate pedestrian traffic, it creates no pedestrian interest. Theaters are usually blank-walled and inaccessible to the public without paying an entrance fee. Since most people don't visit theaters as frequently or as spontaneously as retail sales shops, theaters do not service convenience shopping and service needs. Retail sales and service uses allowed in the C-3 Districts are found in Section 218-Retail Sales and Personal Services. Theaters are found in Section 221-Assembly and Entertainment. Therefore, a theater is not a retail use for purposes of this Section and is not exempt from the definition of "gross floor area."

Code Section: 102

Subject: "Floor area, gross"

Effective Date: 4/88

Interpretation:

A porte cochere generally at grade level which extends under a portion of a building containing occupiable area and which is enclosed by the building on no more than two sides does not count as floor area.

Code Section: 102

Subject: "Floor area, gross," basement area

Effective Date: 3/86

Interpretation:

This Section defines basement space not used for storage or services necessary to the operation or maintenance of the building as included within the gross floor area (GFA). Where a basement extends under the sidewalk through the use of vaulting, such area is owned by the City and a revocable sidewalk encroachment permit is required. Since the City may reclaim possession of the area at any time, the applicant argued that this area should be exempt from the GFA. This situation is analogous to a bay window, which also requires an encroachment permit. Bay window area does count against GFA, and therefore, so does basement space under the sidewalk. However, areas under the sidewalk that are inaccessible from the building are exempt from the GFA.

Code Section: 102

Subject: "Floor area, gross," basement area

Effective Date: 3/86

Interpretation:

This Section defines basement space not used for storage or services necessary to the operation or maintenance of the building as included within the GFA. In the case of floor area dedicated to services and storage necessary to the operation of the theater, no exemption was granted. These are necessary to the operation of the use, not the building.

Code Section: 102

Subject: "Floor area, gross," ground floor(b)(11)

Effective Date: 3/86

Interpretation:

This Section exempts the ground floor building or pedestrian circulation in the C-3 Districts. While the amount of ground floor retail exempted under Section 102.8(b)(12) is limited to 75 percent of the ground floor, this does not imply a limit of 25 percent of the ground floor for pedestrian circulation.

Code Section: 102

Subject: "Floor area, gross," ground floor

Effective Date: 3/86

Interpretation:

This Section exempts from the calculation of gross floor area (GFA) the ground floor building or pedestrian circulation in the C-3 Districts. In a building in a C-3 District, the ground floor circulation consisted of a lobby leading to elevators, and circulation beyond the elevators leading to offices. It was decided to allow the office circulation to be exempt from the GFA based upon the phrase "building circulation." Office circulation is considered to be part of building circulation and is exempt from the GFA.

Code Section: 102

Subject: "Floor area, gross," mechanical space

Effective Date: 5/89

Interpretation:

These Sections define the amount of mechanical space allowed to be excluded from the gross floor area. Paragraph (a)(1) includes basement and cellar space in the FAR, EXCEPT those areas used for storage or services necessary to the operation or maintenance of the building itself. Thus, any mechanical space located in the basement is excluded from gross floor area. Paragraph (b)(3) excludes any mechanical space located at the top of the building. Paragraph (b)(4) excludes mechanical equipment located either (1) on an intermediate floor of the building and forming a complete floor, or (2) in the C-3 Districts, located on a number of intermediate floors occupying less than a whole floor not to exceed the area of an average floor. The two exclusions contained in Paragraph (b)(4) are mutually exclusive; however, this exclusion may be combined with rooftop and basement space.

Code Section: 102

Subject: "Floor area, gross"

Effective Date: 7/89

Interpretation:

See also Interpretation 130

Code Section: 134

Subject: Rear yards, dwelling added to noncomplying building

Effective Date: 1/89

Interpretation:

See Interpretation 188(a)

Code Section: 134

Subject: Rear yards

Effective Date: 1/86

Interpretation:

To find the average depth of a lot with a concave frontage on a cul-de-sac where the side lines diverge making the rear property line longer than the frontage, we draw a straight line connecting the two points where the side property lines intersect the frontage (thus making the concave frontage a straight line). The distance from the mid point of this straight line to the midpoint of the rear property line is the average depth ("lot depth line").

Code Section: 134

Subject: Rear yards

Effective Date: 1/86

Interpretation:

Rear yard requirement for a lot with split zoning. A lot (AB/L 602/4) having its front half in an RH-2 District and its rear half in an RH-1 District must have a rear yard pursuant to the RH-2 rules. In situations like this, the district controlling the frontage controls the whole lot for purpose of determining the required open space.

Code Section: 134

Subject: Rear yards, two buildings on a lot

Effective Date: 11/86 (Revised 3/21)

Interpretation:

Section 134(f) states that a through lot having both its front and its rear lot line along Streets, Alleys, or a Street and an Alley, and where an adjoining lot contains a residential or other lawful structure that fronts at the opposite end of the lot, the subject through lot may also have two buildings according to such established pattern, each fronting at one end of the lot, provided that all the other requirements of this Code are met. It further states that in such cases, the rear yard required for the subject lot shall be located in the central portion of the lot, between the two buildings on such lot, the depth of the rear wall of each building from the Street or Alley on which it fronts shall be established by the average of the depths of the rear building walls of the adjacent buildings fronting on that Street or Alley, or where there is only one adjacent building, by the depth of that building, and shall the total minimum rear yard for the subject lot be thus reduced to less than a depth equal to 30% of the total depth of the subject lot or to less than 15 feet, whichever is greater.

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 3story building fronts on Street "A" while another three-story building is immediately behind it and fronts on "B" Street. The third building is two stories and also fronts on "B" Street. The portion of the lot fronting on "A" Street has the greater depth. A small yard area exists between portions of the first two buildings in a part of the lot farthest from "B" Street in an area that would be the rear yard if "B" Street were the frontage. Another yard area exists between portions of the second and third building in an area that would be the rear yard if Street "A" is the frontage. In cases where the rear yard is deficient, frontage (and consequently the rear yard location) is usually chosen on the basis of what will provide a rear yard that most closely conforms to the requirement for the lot. If a decision cannot be made on that basis, the next criteria is what option supports the block pattern of open space. In this case, both of the yard areas are approximately of equal size. Since the third building has only two stories as compared to three stories for the other two buildings on the lot, it more closely conforms to the rear yard requirement, one purpose of which is the access of light and air to adjacent rear yards. Therefore, the rear yard is opposite "A" Street so the lower building fronting on "B" Street must be considered to be a noncomplying structure in the rear yard and cannot be expanded.

Code Section: 134

Subject: Lot depth calculation

Effective Date: 12/86

Interpretation:

A lot (2872/13) is defined by two straight lines at right angles to each other and one convex curved line connecting the two ends of the straight lines. The curved line is the street. The shorter straight line was considered to be the rear property line and the longer straight line was considered to be one of the side lot lines. A straight line extending from the midpoint of and at right angles to the rear property line until it joins the curved street line is the average depth of this lot (the dashed line in the illustration). Sometimes lots with this general configuration are treated as triangular lots but this lot has a definite narrow axis (which is normally chosen as the lot depth). Further, this decision continued the open space pattern of the lots to the east while the lots to the south are deep so that a house adjoins the subject lot's rear yard.

Code Section: 134

Subject: Rear yard, etc. on landlocked lot

Effective Date: 12/87

Interpretation:

A lot is landlocked but is connected to the street by narrow easements centered on the common side property lines of two lots. The broad side of the lot parallels the street. The buildable area of the lot in this case is along the lot line closest to the street to which the easement leads even though this places the front of the lot along its broad side. Also, the easements do not count in the buildable area.

Code Section: 134

Subject: Rear yard, average lot depth

Effective Date: 8/88

Interpretation:

A lot (AB2797/30) has frontage on Skyview and on Aquavista Way. It is apparent that the rear yard needs to be located perpendicular to Skyview and opposite Aquavista next to the other private property. The problem was determining the average lot depth. The portion of the Skyview frontage that is straight was considered to be one side lot line and the portion of the Aquavista frontage that is straight was considered to be the other side lot line. The curvilinear portion of the Aquavista frontage was considered to be the front property line. The average depth was determined by adding the lengths of the two side lot lines and dividing by two.

Code Section: 134

Subject: Rear yard location

Effective Date: 8/88

Interpretation:

A lot (AB 3545/39) is at the end of a dead-end street such that the lot's longer dimension is perpendicular to the direction of the street and it protrudes into what would be the extension of the street right-of-way. Therefore, the lot's actual street frontage is along a portion of its side property line. The rear yard should be at the end of the long axis away from the street even though this would not be parallel to and opposite the actual street frontage. This determination is consistent with the development pattern of adjacent lots. (In this case there is only one adjacent building for rear yard purposes.) (The determination could be different for a lot configured closer to a square.)

Code Section: 134

Subject: Fill-ins under nonconforming projections

Effective Date: 6/90 (Revised 3/21)

Interpretation:

It is an established policy to allow the enclosure of the void under a legal nonconforming enclosed projection extending into the required rear yard. Noting that a fence could not exceed a height of 10 feet, this policy could not be applied to a situation where the void extends higher than 10 feet above existing grade at any point. Such void could not be enclosed without a variance.

Code Section: 134

Subject: Location of rear yard

Effective Date: 3/92

Interpretation:

Normally, the required rear yard is opposite the lot's frontage and the frontage of a lot would normally be its narrow side. In the situation illustrated, the narrowest "side" is the point where Gold Mine Drive and Diamond Heights Boulevard converge. However, the existing house is at the opposite end and the greater yard area is toward the point. Therefore, in this case, the frontage would be Gold Mine Drive and the required rear yard would be next to Diamond Heights Boulevard.

Code Section: 134

Subject: Rear yard, fill in

Effective Date: 9/94

Interpretation:

In the case where a sizeable portion of a building legally extending into the rear yard as a noncomplying feature was proposed to be demolished without replacement and a small, secondstory notch still in the portion of the building extending into the required rear yard in a noncomplying manner was proposed to be enclosed, the small fill-in would require a variance. One cannot "trade off" an action to make something more conforming for an action to make something else less conforming without the variance procedure.

Code Section: 134

Subject: Average depth of irregular lot

Effective Date: Unknown; Moved & Revised 9/25

Interpretation:

Average depth of subject lot: The rear property line consists of four straight lines defining back ends of four segments of the lot. The front ends of these segments are determined by extending the two side lines toward the street until they connect. Draw straight lines connecting this point to each of the ends of the straight lines that constitute the rear property line. Treat each of the resulting segments (on the drawing) as separate lots for computing average lot depth. Bisect the lines which define the rear and front ends of each segment and connect these bisection points. These connecting lines (A, C, etc.) constitute the average depth of each segment. The rear yard is the appropriate percentage of each of these segments.

Code Section: 134

Subject: Average depth of irregular lot

Effective Date: Unknown; Moved & Revised 9/25

Interpretation:

In a scenario where a lot is not rectangular, as shown in the graphic. The question was how to calculate the average lot depth for Lot 37. It was determined that the average depth was expressed by a straight line drawn from the midpoint of the frontage to the midpoint of the rear property line even though this line would leave the confines of the lot at some point.

Code Section: 134(d)(1)

Subject: NC-1 noncomplying, add residential

Effective Date: 8/91; Moved & Revised 9/25

Interpretation:

This Section requires a rear yard at ground level and above for the NC-1 District whether or not residential use exists on the lot. In the case where a nonresidential building zoned NC- 1 existed in the required rear yard and a dwelling unit was proposed to be added to that building, a variance would be required for an exception from the rear yard requirements. This is consistent with the established practice of requiring a variance to introduce residential use to a noncomplying accessory building in the rear yard of a residential district. This is done on the basis that the introduction of residential use exacerbates the noncomplying situation since one reason for the rear yard requirement is to provide an amenity for the occupants of the noncomplying structure as well as providing open space to the block.

Code Section: 134(d)(1)

Subject: Rear yard requirements

Effective Date: 6/2001; Moved & Revised 9/25

Interpretation:

Addition of a dwelling above NCU or LCU with no rear yard in an R district

A long-standing interpretation of Subsection 172(b) (which states that no NCU may be altered in such a way as to increase a code discrepancy or create a new discrepancy) allowed, where an NCU with no rear yard was the sole use on a residentially zoned lot (with a rear yard requirement for all buildings), to be converted to residential use without a rear yard variance. Such a non-residential building without a rear yard is already noncomplying and would not be made noncomplying by adding a dwelling.

So, if a residence is added above an NCU or LCU with full lot coverage in an RH district, where a rear yard is proposed at the residential level, and the ground floor remains at full coverage with a nonconforming commercial use, there is no increase in the rear yard discrepancy, and thus no rear yard variance is required.

Please note that in districts where the commercial use does not require a rear yard, but the residential use does (such as NC-2 Districts), a rear yard or variance from such would be required since having a dwelling there with no rear yard creates a discrepancy.

Code Section: 134(d)(2-3)

Subject: Building below the rear yard

Effective Date: 3/88 & Revised 9/25

Interpretation:

This Paragraph requires a rear yard be provided either at the second story or above or at the level of the lowest dwelling and above in certain zoning districts. That portion of a building extending below what would be the required rear yard or setback at higher levels does not have to be developed with a deck on its roof unless such deck is needed to meet the usable open space requirement. Further, features permitted below the upper level rear yard need not be limited to an extension of the building but can be separate buildings and other structures not extending to the level where the rear yard requirement begins.

Code Section: 134(d)(2-3)

Subject: Rear yard for NC Districts

Effective Date: 1/91 & Revised 9/25

Interpretation:

This Paragraph states that for certain NC and Mixed Use Districts, the required rear setback shall be at the lowest level of residential occupancy and above. Therefore, the roof of that portion of the building below the lowest residential floor (or the roof of another building on the lot) would constitute the surface of the rear “yard.” The roof of another building on the lot constituting such “yard” could extend up to but no higher than three feet above the floor level of the lowest residential floor because a deck can be three feet above grade anywhere in the rear yard.

Code Section: 134(d)(2-3)

Subject: Rear yard requirements

Effective Date: 6/2001 & Revised 9/25

Interpretation:

Planning Code Section 134(d)(2-3) requires that the rear yard shall be provided at the lowest story containing a dwelling unit in certain zoning districts. If an ancillary room (within the same dwelling unit) is provided at a level below the primary portion of the dwelling unit, the rear yard is required beginning at the primary level of the dwelling unit but not necessarily required at the level of the ancillary room. The primary portion is defined as a fully functional dwelling unit, with kitchen and sleeping rooms. An ancillary room could not function or easily be converted to an independent unit.

The intent of this proposed interpretation is to encourage ground level pedestrian-oriented design. The alternative would be to not allow occupiable space on the ground floor or to reduce the number of parking spaces, and thus the number of dwelling units, since to require a rear yard at this level would impact the parking. These will be considered on a case by case basis by the Zoning Administrator to ensure that the intent of the Code is met.

Code Section: 134(f)

Subject: Corner Lots as Through Lots

Effective Date: 03/23

Interpretation:

This section states the following: “Where a lot is a Corner Lot, or is a through lot having both its front and its rear lot line along Streets, Alleys, or a Street and an Alley, and where an adjoining lot contains a residential or other lawful structure that fronts at the opposite end of the lot, the subject through lot may also have two buildings according to such established pattern, each fronting at one end of the lot, provided that all the other requirements of this Code are met.” While this provision applies to Corner Lots, a typical Corner Lot does not have its rear lot line along a street. Therefore, only a Corner Lot that that has frontage on three separate Streets and/or Alleys may qualify for the provisions of this section (see Block 0145 Lot 037 and Block 4058 Lot 009 as examples).

Code Section: 134(i-k)

Subject: Rear yard waiver by Zoning Administrator

Effective Date: 1993 & Revised 09/25

Interpretation:

This Paragraph and Subsection states that the rear yard requirements for the Neighborhood Commercial, North of Market Residential Special Use District, and the Eastern Neighborhoods Mixed Use Districts may be waived by the Zoning Administrator pursuant to the procedure applicable to variances as set forth in several Code sections. The Code sections cited do not include the section that states the five findings required for normal variances. Rather, the sections cited contain the procedures for variance hearings. The waiver cited in this paragraph, therefore, requires the same application, fee, hearing notice, hearing procedure and appeal procedure as a variance but does not require the same findings as described in Section 305. Rather, the findings that need to be made are described in language subordinate to these paragraphs.

Code Section: 134(j)

Subject: North of Market SUD, rear yard

Effective Date: 12/87 & Revised 09/25

Interpretation:

This Subsection states that the Zoning Administrator can allow an equivalent amount of open space to be substituted for the rear yard requirement in the North of Market Special Use District. The Code does NOT say that this open space needs to meet the criteria for USABLE open space. Therefore, one can apply to substitute a light well for the rear yard requirement under this Section even though the light well wouldn't conform to the minimum dimensions, area and exposure requirements of usable open space, provided the other criteria of this subsection are met.

Code Section: 134, 135

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

Effective Date: 3/10

Interpretation:

The existence of a building within the rear yard could allow for expansion within the buildable area that would result in excessive overall lot coverage, up to 100 percent. This is contrary to the General Plan and the principles of the Planning Code with respect to lot coverage. In such cases, the Zoning Administrator shall require open space to be provided elsewhere on the site. The requirement would be based on established patterns of adjacent development and would be equivalent to the area that would otherwise be provided by a rear yard equal to 25% of lot depth or 15 feet times rear lot width, whichever is greater. In order to count towards the standard, the space would have to meet the minimum dimension requirements for open space of Section 135(f). The Zoning Administrator shall consider lot coverage which does not meet these requirements on a case by case basis and may approve them administratively, or require a variance.

Code Section: 135

Subject: Usable open space

Effective Date: 12/85

Interpretation:

See Interpretation 188 Alteration of noncomplying building

Code Section: 135

Subject: Usable open space for added dwelling unit

Effective Date: 3/9/65

Interpretation:

This Section requires usable open space (UOS) for dwelling units and may be provided either as common UOS available to all apartments in the building, or as private UOS intended for the exclusive use of, and attached by balconies or other ways directly to a specific apartment. Buildings having a legal deficiency of UOS may remain but the required per-unit amount of UOS must be added when any new dwelling units are added. Where a dwelling unit is added to a building having a deficiency of usable open space for one or more existing dwelling units, rather than attaching and allocating the required additional UOS to the new dwelling unit, the new private UOS provided may be attached and allocated to an existing dwelling unit which has no UOS, if good design dictates such an arrangement.

Code Section: 135(c) and 136(c)(21)

Subject: Usable Open Space — Landscaping

Effective Date: 3/21

Interpretation:

Section 135 requires minimum amounts of private and common usable open space for dwelling units and group housing and allows certain permitted obstructions as outlined in Section 136. Section 136(c)(21) generally allows “landscaping and garden furniture” within required usable open space. In order for landscaping to count towards the usable open space requirement, it must be usable and accessible. In the case of landscaping provided in large, raised planters that are not readily accessible from adjacent usable open space, only that portion within the first 3 feet of the usable open space shall be counted towards the usable open space requirement. Larger, inaccessible areas of landscaping shall not be counted towards the usable open space requirement.

Code Section: 135(d)

Subject: Exemptions, mentally handicapped

Effective Date: 9/02

Interpretation:

See Interpretation 207.4(b)

Code Section: 135(d)(1)

Subject: Usable open space

Effective Date: 1/86

Interpretation:

It was confirmed that Section 135(d)(1) permits one to mix both common and private UOS in one development provided the common area is multiplied by 1.33. This paragraph says, "Where common usable open space is used to satisfy all or part of the requirement (emphasis added) which clearly indicates such mixing is allowed.

Code Section: 135.2

Subject: Usable open space for live/work

Effective Date: 3/95

Interpretation:

This Section provides for usable open space for live/work units. It adopts by reference the regulations for character of UOS for regular units but such character provisions, do not include minimum dimensions. Since certain configurations of UOS could technically meet the stated requirements and still not be usable due to the narrowness of the space proposed, the Zoning Administrator needs to exercise judgement over the adequacy of proposed UOS. The minimum dimensions in Section 135(g) for common UOS for regular units shall be adequate and minimum for live/work units unless smaller dimensions are approved by the Zoning Administrator on a case-by-case basis.

Code Section: 135.2

Subject: Usable open space for "newly constructed" live/work

Effective Date: /96

Interpretation:

This Section requires usable open space for live/work. It states that usable open space is required for live/work with buildings newly constructed after the effective date of the ordinance. The term, "newly constructed" refers to the building, not to the live/work unit. Therefore, no usable open space is required under this Section for live/work units created within existing buildings unless the building is expanded.

Code Section: 135.3

Subject: Open Space for Non-Residential Uses

Effective Date: 11/11 (Revised 1/14)

Interpretation:

The intent of this Section is to require the provision of useable open space for new non-residential uses. Section 135.3(a)(2) states that the open space provided for projects in Eastern Neighborhoods "may be" provided as publicly accessible, and if so, the amount of open space may be reduced by 33 percent. Subsection (b) describes the required criteria for all open space required by this section, including several criteria that require the open space to be accessible and usable by the public. These criteria conflict with the Eastern Neighborhoods provisions that encourage the open space to be publicly accessible, but do not require it to be so. Therefore, only those criteria in Subsection (b) unrelated to public accessibility shall be applicable to open space required for projects in Eastern Neighborhoods.

Code Section: 136

Subject: Permitted obstructions, not subject to variance

Effective Date: 10/88

Interpretation:

See Interpretation 136(c)

Code Section: 136, 136.1, 136.2

Subject: Permitted obstructions over street space

Effective Date: /95

Interpretation:

The features allowed by these Sections to occupy street space are governed by these Sections even in cases where there are no requirements for yards or usable open space and no features subject to this Code attached to buildings are allowed to occupy street space except as provided by these Sections even in cases where there are no requirements for yards or usable open

space.

Code Section: 136 and 311

Subject: Alternatives to EEROs required by the Building Code

Effective Date: 02/24

Interpretation:

Department of Building Inspection (DBI) Information Sheet No. EG-02 was issued on January 15, 2024, and addresses the requirements for Emergency Escape and Rescue Openings (EEROs) and local equivalencies when an EERO opens to a yard or court that does not open to a public way for R-3 occupancies. Compliant EEROs or permitted alternative equivalencies are required for certain projects to meet minimum life and safety standards under the Building Code.

EG-02 Alternative 2 calls for compliant stairs and landings to provide roof access for rescue in certain scenarios, and EG-02 Alternative 3 calls for compliant stairs and landings to provide access to a qualifying yard. Therefore, EEROs pursuant to Alternatives 2 and 3 that meet all the following requirements shall be considered equivalent to a Code-complying 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:

There are various obstructions listed in this Section with height limits. Such height limits apply from the lowest level at which the rear yard applies (such as in NCDs where rear yard requirement applies at the second level or higher).

Code Section: 136(c)

Subject: Nonpermitted obstructions, variance for

Effective Date: 10/88

Interpretation:

It was confirmed that one cannot apply for a variance from the prohibition against certain obstructions being located in the required open areas. One would have to seek a variance from the open area requirement itself. One can never vary the prohibition of certain obstructions over streets and alleys since streets and alleys are not an open area required by the Planning Code.

Code Section: 136(c)(2)

Subject: Corner Bay Windows

Effective Date: 1/14; Moved 09/25

Interpretation:

This Section allows a bay window to project over streets and other required open areas so long as it fits within a specific theoretical envelope. Such envelope begins at the “line establishing the required open area” and narrows along 45-degree angles drawn inward as projection increases. It was suggested that this Section did not address corner parcels where a bay window might extend over parts of a street corner not within a 90 degree projection of either of the parcel’s street frontages.

While a “required open area” itself exists only within a parcel, the “line establishing” the required open area is a theoretical marker that extends beyond a parcel and, in the case of corner lots, onto a right-of-way. Therefore, bay window envelopes on corner lots may begin along any part of the line establishing the open area, including those parts of the line which are beyond the bounds of the lot. As such, bay windows may extend over parts of a street corner not within a 90 degree projection of either of the parcel’s street frontages. Such bay windows must nonetheless comply with the three-foot restriction on projection applicable to both street frontages.

Code Section: 136(c)(2), (3)

Subject: Bays, not counted for front setback requirement

Effective Date: 7/88 & Revised 09/25

Interpretation:

See Interpretation 132(b)

Code Section: 136(c)(2)

Subject: Bay window obstruction

Effective Date: 3/89

Interpretation:

This Section allows bay windows to extend over the street or over the required front setback provided they have a certain amount of glazed area on their vertical surface which is a percentage of the sum of the total vertical surface. The area of such vertical surfaces shall be the interior surface rather than the exterior surface.

Code Section: 136(c)(2)

Subject: Bay window in front setback over garage

Effective Date: 10/89

Interpretation:

This Section allows a bay window as an obstruction into the front setback within certain limitations, one of which is the provision of 7.5 feet of headroom. A bay was proposed to project into the front setback area above the roof of a garage dug into the slope of more than 50 percent (per Section 136(c)(27)). The bay would clear the roof of the garage (which would not be developed as usable open space) by less than 7.5 feet. The 7.5-foot headroom applied to the clearance over the garage roof even though such clearance would not be required to accommodate pedestrian passage.

Code Section: 136(c)(2), (3)

Subject: Bay windows and the bulk limit

Effective Date: 5/92

Interpretation:

These provisions allow for bay windows to project over the street and other required open areas. Such projection is not allowed if the bay windows would violate the horizontal dimension limits of the bulk restrictions.

Code Section: 136(c)(3)

Subject: Permitted obstructions, bay windows

Effective Date:

Interpretation:

If a bay window projecting into the rear yard requirement conforms to the more restrictive envelope of the previous Paragraph 136(c)(2) (which is permitted in both the front and rear setback) it still will be subject to the aggregate width limits of this Paragraph (3) (which is not permitted in the front setback). Being smaller than the envelope described by Paragraph (3), it therefore conforms to this paragraph and being located in the rear yard, it must conform to the aggregate width limits intended for such features in the rear yard.

Code Section: 136(c)(4)

Subject: Fire escapes as permitted obstructions

Effective Date: 2/96

Interpretation:

This Paragraph states that fire escapes leaving at least 7.5 feet of headroom may protrude into any of the required open areas no more than four feet. Normally, permitted obstructions that have a projection limit cannot be added to each other for a cumulated projection. Because the San Francisco Fire Department is requiring a large category of residences to be retrofitted with fixed ladders for fire escapes, it was thought desirable to relax this policy. Therefore, subject to Residential Design Guidelines, a fire escape that is required under City Code may be appended to certain other obstructions at maximum projection, if necessary to accommodate the fire escape, provided it is for an existing building, is no wider than necessary and in no case wider than four feet and is designed and located so as to provide the least obstruction of light and view from adjacent properties. A fire escape will generally not be allowed to be added to a bay window. It may extend only 20 inches beyond a deck with any required circulation space provided by the existing deck or decks. Further, for location only in a required yard, such obstruction need not provide 7.5 feet of headroom above grade or above a roof or deck.

Code Section: 136(c)(14)

Subject: Permitted obstructions, funicular

Effective Date: 1/91

Interpretation:

See Interpretation 133(d)

Code Section: 136(c)(14)

Subject: Permitted obstructions

Effective Date: 4/87

Interpretation:

See Interpretation 136(c)(25)

Code Section: 136(c)(14)

Subject: Permitted obstructions

Effective Date: 3/86

Interpretation:

An "invalid chair" which is a type of elevator/tram running on tracks mounted on a stairway is considered to be included within the definition of "stairway" as used in this paragraph.

Code Section: 136(c)(14)

Subject: Permitted obstructions, ground floor

Effective Date: 4/86

Interpretation:

This Section says that a stairway is permitted to project six feet into the rear yard provided it not extend above the lowest floor of occupancy. However, the lowest floor of occupancy is the next floor above grade at the location of the stairway which could be a different floor at the rear of the building than at the front of the building.

Code Section: 136(c)(14)

Subject: Permitted obstructions

Effective Date: 8/88

Interpretation:

The stairway and landings allowed by this Section to extend into the required front setback must be no wider or longer than necessary to connect the door to the ground. Landings cannot extend beyond the door in the direction opposite the stair.

See Interpretation 132; 136(c)(14), (30)

Pedestrian bridge or driveway in front setback

Code Section: 136(c)(15)

Subject: Railings on permitted obstructions

Effective Date: 4/90

Interpretation:

A policy of the Zoning Administrator has been to allow a deck on a noncomplying structure provided the deck is built flat on a flat roof and has a railing no higher nor more closed than required by the Building Code. The question was whether this requirement for railing openness also should be applied to features which are permitted obstructions such as stairs since permitted obstructions are by definition located in those areas intended to be open. This paragraph which permits stairs is silent on the issue. It was noted that the openness requirement was imposed for deck railings on noncomplying features because it was a feature permitted by Zoning Administrator interpretation rather than by the Code. It was concluded that the requirement should not be imposed on permitted obstructions unless explicitly imposed by Code.

Code Section: 136(c)(16)

Subject: Permitted obstructions, decorative railings

Effective Date: 3/90

Interpretation:

This Section says that decorative railings and decorative grillwork which is at least 75 percent open to perpendicular view may exist in the front setback up to six feet in height. It was ruled that the open area of this feature could be glazed.

Code Section: 136(c)(17)

Subject: Permitted obstructions, fences in required front setbacks, garbage receptacle screening

Effective Date: 1/14

Interpretation:

This Section allows fences up to three feet in height within required front setbacks. In 2007, pursuant to Article 5.1 of the Public Works Code and Department of Public Works (DPW) Order Number 176,964, DPW began to require that all garbage receptacles be screened from public view. Because garbage receptacles are taller than three feet in height, any fence or other enclosure in a required front setback that meets DPW's screening requirements would require a variance from the Planning Code. Because compliance with recent DPW screening requirements would be significantly encumbered by much older Planning Code provisions, and because of the relatively small size and visual impact of such screening, a fence or other enclosure designed exclusively to provide screening of garbage receptacles will be considered a permitted obstruction in a required front setback so long as it (1) is freestanding and not affixed to a building, (2) does not require a permit from the Department of Building Inspection and (3) meets the guidelines set forth by DPW.

Code Section: 136(c)(18), (19)

Subject: Windscreens, definition

Effective Date:

Interpretation:

This Section says that windscreens can be 10 feet in height in a required rear yard. Other structures permitted by Section 136(c)(22) and (23) (such as gazebos and sunshades) are limited in height to eight feet. A structure enclosed on all sides save for a door and which has a domed roof completely covering the structure save for an oculus in its center was a gazebo and not a windscreen. Such structure would therefore be limited to eight feet in height.

Code Section: 136(c)(19)

Subject: "Fence" containing roll-up door, rear yard

Effective Date: 8/90

Interpretation:

A lot had an easement alley in the rear yard which alley served other lots in the block. The lot had parking in the existing house with access from the alley to the parking across the rear yard. A sliding gate could close this access. It was proposed to replace the sliding gate with a 10-foot-high structure at the easement line in the rear yard. The structure would consist of a portal thick enough at the top to conceal and shelter a rolled-up gate. Any structure being authorized under this Section is limited to six inches in width at any point except structures up to 12 inches in width at some point could be allowed if designed to be compatible with the surroundings, with the purposes of the rear yard requirement and its permitted obstructions and with the Residential Design Guidelines.

Code Section: 136(c)(20)

Subject: Permitted obstructions

Effective Date: 8/86 & Revised 09/25

Interpretation:

Play structures with features (such as solid walls or roofs) which have the effect of creating a solid plane of substantial dimension which could block views or create solid shade on neighboring yards must be limited in height to eight feet.

Code Section: 136(c)(20)

Subject: Outdoor recreational features as obstruction

Effective Date: 10/89

Interpretation:

This Section states that normal outdoor recreational features are a permitted obstruction in the rear yard. It provides no limit as to height or coverage but Interpretations 136(c)(20)5/5/89 and 136(c)(20) 8/86 have provided a height limit to such features. A built-in charcoal grill would be limited to eight feet above grade with a flue extension in the form of a narrow pipe being further exempt.

Code Section: 136(c)(20)

Subject: Height of a fence

Effective Date: 9/90

Interpretation:

This paragraph states that a fence can be permitted in the rear yard up to 10 feet in height. There may be circumstances, especially when the subject lot has been excavated, where liability could accrue to the City if the owner of such lot were prohibited from erecting a fence no higher than 10 feet above the new grade. Therefore, the Zoning Administrator could authorize a fence up to six feet above a retaining wall on a case-by-case basis despite the resulting height above the grade of the subject lot. In a required front setback this height should be no higher than the minimum required by the Building Code for a safety railing.

Code Section: 136(c)(20)-(23)

Subject: Permitted obstructions

Effective Date: 3/89

Interpretation:

A kiln whose main unit was eight feet high and whose flue was another 10 feet was not a permitted obstruction in the rear yard. It was questionable whether it could be included in the category of structures commonly used in gardening activities. Also, its chimney, which would not be attached to the house, would make the structure more than eight feet high. Eight feet would be the maximum structure height if the use could have been considered a gardening use.

Code Section: 136(c)(20)-(23)

Subject: Sauna as a permitted obstruction

Effective Date: 12/90

Interpretation:

These Paragraphs permit certain obstructions in the required open areas. The paragraphs list such obstructions as normal outdoor recreational and household features, gazebos and "other structures commonly used in gardening activities, such as greenhouses and sheds for storage of garden tools." Given the fact that the purpose of the Planning Code is to protect the amenities of adjoining and surrounding properties rather than giving preference to any specific personal use of the yard area, a sauna structure limited to the same dimensions as the greenhouses and tool sheds permitted in the rear yard shall be permitted in the rear yard but not in required side yards or front setbacks. Such sauna shed would not be permitted to have toilet facilities. Previous interpretations have determined that the plural construction of the description of these features does not imply that more than one such roofed structure described by a single paragraph is allowed.

Code Section: 136(c)(20)-(23)

Subject: Sauna as a permitted obstruction

Effective Date: 2/10

Interpretation:

An interpretation made in 12/90 stated that a sauna structure, limited to the same dimensions as a greenhouse and tool shed, is permitted in the rear yard, but not in the side yards. The permitted obstructions listed in Planning Code Section 136 have historically been organized in the following four areas: streets and alleys, setbacks, yards, and usable open space.

Yards include both side yard and rear yard areas. There is no evidence as to why a sauna structure would be specifically prohibited in a side yard nor is there precedent for similar structures (i.e. spa or kiln).

Therefore, a sauna limited to the same dimensions as a greenhouse and/or tool shed is permitted in all yard areas (including side).

Code Section: 136(c)(21)

Subject: Arbor or trellis as permitted obstruction

Effective Date: 11/95

Interpretation:

This Paragraph allows landscaping and garden furniture to occupy setbacks, yards and usable open space. It is not obvious whether the paragraph intended to include man-made features such as arbors or latticework designed and used as a support for climbing plants. However, such arbor or latticework may be a permitted obstruction under this paragraph if no more than eight feet in height above grade, if no more than four feet in width and if the aggregate coverage of these and other features described by Paragraphs 136(c)(21), (22) and (23) do not exceed 25 percent of the area of a required setback nor 25 percent of the area of a yard.

A trellis may exceed a height of eight feet and occupy a required setback or yard if attached to a building from which it projects no more than six inches.

Code Section: 136(c)(22), (23)

Subject: Permitted obstructions, height limit

Effective Date: 9/90

Interpretation:

These Paragraphs allow in the required open areas, certain features with given height limits. For purposes of measuring height limits for features listed in this Section, the entire structure must be contained within the limit. The feature's height is NOT measured to the midrise of a sloped roof or stepped roof or similarly sculptured roof form as indicated by Section 260(a) (2). Section 260(a) refers to the height limits indicated by the Zoning Map and states that the form of measurement it prescribes shall apply to these mapped limits. The limits imposed by Section 136 on permitted obstructions are not such MAPPED limits.

Code Section: 136(c)(23)

Subject: Permitted obstruction in rear yard

Effective Date: 3/21

Interpretation:

The interpretation of Planning Code Section 136(c)(23) dated 1/88 is hereby revoked and superseded by this interpretation. Section 136(c)(23) allows “Other structures commonly used in gardening activities, such as greenhouses and sheds for storage of garden tools, if no more than eight feet in height above grade and covering no more than 100 square feet of land.” The previous interpretation found that despite the plural construction of the language in this paragraph, only one shed or structure allowed by this paragraph will be allowed per lot. On October 6, 2020, the Board of Appeals released a Notice of Decision and Order in Appeal No. 20-010 that overruled a Zoning Administrator Letter of Determination citing the previous interpretation. In its findings, the Board of Appeals determined that Section 136(c)(23) does not specify the number of structures that are allowed and ruled that more than one structure is allowed provided that the structures are contiguous with a maximum area of 100 square feet.

Code Section: 136(c)(24)

Subject: Decks in required rear yard

Effective Date: 12/89

Interpretation:

This Section allows decks within three feet of the grade anywhere in the required rear yard. It allows decks higher than three feet above grade only on steeply up sloping lots. There is no section which would allow decks more than three feet above grade at the rear property line under any other circumstance. Section 102.12 requires heights to be measured from current rather than a preexisting or proposed grade. However, a deck exceeding three feet in height could be built at the rear property line of an excavated lot when the natural land form of the abutting property exceeds the height of the deck.

Code Section: 136(c)(25)

Subject: Permitted obstructions

Effective Date: 3/86 (Dolores Heights SUD)

Interpretation:

See Interpretation 241

Code Section: 136(c)(25)

Subject: [Alteration] of noncomplying building

Effective Date: 1/86

Interpretation:

See Interpretation 188 Alteration

Code Section: 136(c)(25)

Subject: Permitted obstructions

Effective Date: 4/87 & Revised 09/25

Interpretation:

This Paragraph allows a portion of a building with limited dimensions to extend into the required rear yard. The features included in Subsection 136(c) with the maximum dimensions stated represent envelopes. Any other architecture feature or portion of the building fitting into these envelopes are permitted. Therefore, a stairway would be allowed to extend above the ground floor if it fit totally within the envelope of the type of deck or extension permitted by this paragraph.

Code Section: 136(c)(25)(B)(ii)

Subject: Permitted obstructions

Effective Date: 8/89 & Revised 09/25

Interpretation:

This Section allows an extension into the rear yard. It was confirmed that when a five-foot side yard is required for this feature, such side yard needs to be open from the ground up and the other obstructions allowed by Section 136 would not be permitted within such side yard. Therefore, any pre-existing obstruction into such side yard would have to be removed before the extension could be built. An exception is that a deck no higher than three feet above grade may be built in this required side yard. Because a 3-foot-high deck could be built anywhere else in the required open area, there is no need to prohibit it here.

Code Section: 136(c)(25)(B)(ii)

Subject: Rear yard extension—Number of stories

Effective Date: 05/01

Interpretation:

This Section allows an extension into the rear yard and provides that it can be no higher than “the floor of the second floor of occupancy, excluding the ground floor, at the rear of the building . . .” This raises two questions:

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:

Section 136(c)(26) allows underground garages in the rear yard, except for the last 15 feet. Section 188(a) allows the expansion of noncomplying structures provided that there is no increase in any discrepancy with the Code. There have been proposals to allow an excavation of a garage under a non-complying structure that extends into the rear yard. This has not been permitted since the garage roof was not treated as open space or a deck, but under a structure. It is logical to allow excavation for a garage under a noncomplying building that extends into the rear yard because there is no increase in the discrepancy from the Code. The existing rear yard is not affected, because the excavation is under an existing noncomplying building. These excavations are allowed to be up to 3' above grade, because if the noncomplying above grade structure was demolished, the underground garage roof would be a permitted obstruction in the rear yard.

Code Section: 136(c)(26)

Subject: Underground Structures within Required Yards

Effective Date: 3/21

Interpretation:

This subsection permits garages to be underground, or under decks conforming to the requirements of Sections 136(c)(24) or (c)(25) if their top surfaces are developed as usable open space, provided that no such garage shall occupy any area within the rear 15 feet of the depth of the lot. However, it is long-standing Planning Department practice to permit such

obstruction into required yards for any type of underground building that meets these provisions, and not limit them to garages. Therefore, any building that meets the strict provisions of Section 136(c)(26) may be permitted within required yards, and such obstruction is not limited to only garages.

Code Section: 136(c)(27)

Subject: Garages in required front setbacks

Effective Date: 2/88

Interpretation:

See Interpretation 132(g)

Code Section: 136(c)(29)

Subject: Garages in rear yard

Effective Date:

Interpretation:

This Provision states that, where a garage exits in the rear yard on each adjacent lot, the subject lot may have a garage in the rear yard provided it does not exceed the average projection into the rear yard of the two adjacent garages. Some adjacent garages could be of substandard size. In the case where such averaging results in a garage on the subject lot that with minor adjustments could meet current standards for stall sizes, such adjustments can be made even if it would allow another accessory stall.

Code Section: 136(c)(29)

Subject: Permitted obstructions

Effective Date: 7/86

Interpretation:

The subject lot is a through lot. Through lots adjoin it. One of these adjoining lots contains a garage built to the rear property line with a dwelling unit above it. The other adjoining through lot contains an apartment building covering 100 percent of the width and depth of the lot. It was decided that the subject lot could have a garage structure built to the rear property line to cover as much area as the one adjoining garage. However, it could not be developed like the garage by having a unit on top. This Code Section permits only a garage.

Code Section: 136(c)(29)

Subject: Garages as permitted obstruction

Effective Date: 9/89 & Revised 09/25

Interpretation:

This Section states that garages are permitted obstructions into the rear yard if both adjoining lots are through lots having both front and rear lot lines on streets or alleys as long as the subject garage exceeds neither the height above grade nor the amount of encroachment into the yard area of these adjoining garages. An existing garage was proposed to be expanded. It and adjoining garages were built along a curving alley and were not built perpendicular to the alley. In this case, the encroachment of the adjoining and subject garages should be the furthest distance of the garage to the alley measured along a line perpendicular to the alley. In the illustration below, the value of “Z” is the average of the values of “X” and “Y.”

Code Section: 136(c)(29)

Subject: Garage in rear yard on through lots

Effective Date: 10/89

Interpretation:

This Section states that a garage can be an obstruction permitted in the required rear yard if the lot is a through lot with both front and rear ends fronting on streets or alleys and if both abutting lots have garages built at the rear of their lots. The alley in question could be a private alley If it runs all the way through the block. Shorter alleys with a number of garages and multi-owner easements might also be allowed but not those so short that it would be easy to remove the easement.

Code Section: 136(c)(29)

Subject: Garage as permitted obstruction in rear yard on a through lot

Effective Date: 10/2001

Interpretation:

This Section permits the construction of a detached garage within the required rear yard if the following conditions are met: 1) the subject property is a through lot having both its front and rear lot lines along streets, alleys, or a street and an alley; 2) both adjacent lots contain a garage structure adjacent to the required rear yard of the subject property; 3) the garage on the subject property does not exceed the average of the two adjacent garage structures in either height above grade or encroachment into the required rear yard; 4) the front setback requirement

th its front and rear lot lines along streets, alleys, or a street and an alley; 2) both adjacent lots contain a garage structure adjacent to the required rear yard of the subject property; 3) the garage on the subject property does not exceed the average of the two adjacent garage structures in either height above grade or encroachment into the required rear yard; 4) the front setback requirement

shall be applied to the street or alley frontage where the garage is located. In a situation where one adjoining property contains a garage structure and the other adjoining property contains a dwelling unit, both of which are adjacent to the rear yard of the subject property, a garage could be constructed within the rear yard of the subject property, provided that conditions one, three, and four mentioned in the preceding paragraph are met.

Code Section: 136(c)(30)

Subject: Permitted obstructions, driveways

Effective Date: 1/89

Interpretation:

This Section says that driveways, no wider than necessary to provide access to parking located in the buildable area of the lot, are permitted in the required rear yard. A series of five buildings on five lots in an NC-1 District were proposed to have access from a cross street to the rear of the buildings. The question was how wide the driveway could be to provide access to all five buildings. If and when the permit application is made, the question should be reviewed by the staff pursuant to the priority policies of Planning Code Section 101.1.

See interpretation 132; 136(c)(14), (30)

Pedestrian bridge or driveway in front setback

Code Section: 136(c)(30)

Subject: Permitted obstructions, driveways in yard

Effective Date: 8/89

Interpretation:

See Interpretation 209.7(b)

Code Section: 136(c)(30)

Subject: Permitted obstructions

Effective Date: 7/87

Interpretation:

This Section allows in required yard areas, a driveway no wider than necessary to provide access to parking located in the buildable area of the lot. Such driveway should not count as required usable open space if driveway has frequent use, such as one serving many units.

Code Section: 136.1

Subject:

Effective Date: /95

Interpretation:

See also Interpretation 136, 136.1, 136.2

Permitted obstructions over street space

Code Section: 136.1

Subject: Awning, minor projection of

Effective Date: 12/95

Interpretation:

These Sections allow in certain districts, awnings that project no more than and are no wider or higher than stated amounts. Awnings that fit within the limits of an "architectural projection" pursuant to Paragraph 136(c)l could be allowed under that paragraph without meeting the limits of Sections 136.1 and 136.2 such as width (distance along building) and height.

Code Section: 136.2

Subject:

Effective Date: 12/95

Interpretation:

See also Interpretation 136.1 Awning, minor projection of

Code Section: 138(b)

Subject: Usable open space, C-3

Effective Date: 2/86

Interpretation:

Floor area included in the computation of open space requirements in the C-3 Districts shall be floor area included in all uses together with their accessory uses except those expressly excluded by this Section. Floor area used for open space itself shall not count in the amount of floor area subject to the open space requirement.

Code Section: 140(a)

Subject: Dwellings to “face directly” onto an open area

Effective Date: 3/21

Interpretation:

Planning Code Section 140 regulates exposure requirements for dwelling units and group housing. Exposure may be satisfied by having required windows (as defined by Section 504 of the San Francisco Housing Code) in a room of at least 120 square feet “face directly” onto a qualifying open area. These windows must “face directly” on the street, rear yard, or open area. A question arose as to what qualifies as facing directly onto one of these features. The Building Code contains provisions for depth of structural projections over windows in habitable rooms. The Building Code states that these shall not project greater than 9 feet from the required window and that the height of these projections shall not be less than 7 feet measured from the floor to the lowest projection above. A window (or windows) required to satisfy Section 140 may be located beneath such a projection and still be considered to “face directly” onto the street, rear yard, or open area. However, such area beneath a projection will not count towards the minimum dimensions for a qualifying open area.

Code Section: 140(a)(1)

Subject: Dwellings to face an open area

Effective Date: 3/90 (Revised 3/21)

Interpretation:

This Section says that each dwelling unit or group housing use must face a public right-of-way or qualifying open area on the subject lot. It was clarified that in order to satisfy this requirement, the public alley must be at least 20 feet in width and the side yard must be at least 25 feet in width. By definition, a public street is at least 30 feet in width. The rear yard need not be 25 feet in width and depth as long as it complies with the Code.

Code Section: 140(a)(1)

Subject: Exposure — Side Yard and Outer Court

Effective Date: 3/21

Interpretation:

This Section requires each dwelling unit or group housing use to face a qualifying right-of-way or open area. In order to be considered a side yard for purposes of this Section, it must be both at least 25 feet wide AND extend the entire depth of the lot. If a side yard is less than 25 feet wide or does not extend for the entire depth of the lot, it will be treated as an outer court.

Code Section: 140(a)(1)

Subject: Exposure — Minimum Open Area

Effective Date: 3/21

Interpretation:

This Section says that each dwelling unit or group housing use must face a qualifying right-of-way or open area, including a Code-complying rear yard. Some zoning districts, including the Chinatown Mixed Use Districts, are subject to a site coverage requirement instead of a rear yard requirement. In these cases, an open area resulting from the site coverage requirement may be considered a qualifying open area similar to a Code-complying rear yard for purposes of Section 140. This finding may be made by the Zoning Administrator on a case-by-case basis if the open area meets all of the following:

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.

Code Section: 150

Subject: Parking location when lot split by zoning boundary

Effective Date: 4/63

Interpretation:

Where a single development is split by a zoning boundary, that part which is in the more restrictive district can harbor the same number of parking stalls as the number of dwelling units it contains. It can also harbor a certain share of the parking assigned to the dwelling units in the less restrictive portion of the lot; however, it cannot harbor so large a percentage of the parking stalls that it forces the building to have a greater mass than it would have if that part of the property were developed separately. Further, if there is another access characterized by higher density or less restrictive zoning, that access should be used for the high volume parking lot.

Code Section: 150(c)

Subject: Off-street parking, thresholds

Effective Date: 8/89

Interpretation:

This Section presents the off-street parking rules for additions to buildings. A long-standing interpretation has been that once a building which lawfully exists without parking due to its nonresidential uses totaling under the threshold amount, is expanded to be over that threshold, the original space is also subject to off-street parking according to the respective formulae for each use. However, such interpretation cannot be made to apply to cases where the expansion involves uses which are not measured, for parking purposes, by the same method (i.e., floor area) as the preexisting uses in the building. For example, adding 2,500 square feet of hotel use to a building already containing 2,000 square feet of restaurant and 2,000 square feet of office would not make the restaurant and office uses subject to parking since hotel parking requirements are based upon number of hotel rooms rather than square footage. Adding 2,500 square feet of retail use to such building would bring the restaurant and office uses over the threshold and make them subject to parking requirements because parking for retail use is based upon the same unit of measurement.

Code Section: 150(c)(1)

Subject: Parking credit

Effective Date: 4/87

Interpretation:

This Paragraph allows a legal parking deficiency for a building to be carried forward to a new use of the building. No parking credit can be given for conversions from nonresidential to residential live/work space.

Code Section: 150(c)(1), (2)

Subject: Parking calculation, rounding up or down

Effective Date: 8/87

Interpretation:

These Paragraphs state that when a building or use is expanded, parking need be provided only for the major addition which is defined, in the case of dwellings, as an addition which increases the requirement by one stall or more. Section 153(a)(5) requires that, when computing the parking requirement by dividing a quantity by the given formula for that use, a major fraction must be rounded up to provide the additional parking stall. For example, a church requires one parking stall for each 20 seats after the first 200 seats. The first parking stall would be required for 210 seats since 10 is the major fraction of 20.

Code Section: 150(c)(1)

Subject: Abandonment of parking grandfathering

Effective Date: 7/92

Interpretation:

This Section states that any legal parking deficiency may be carried forward to the next use. When a use that is noncomplying as to parking changes to a use that doesn't require parking, it loses its noncomplying status and therefore has no legal parking deficit to carry forward if it subsequently added or changed to a use that required parking.

Code Section: 150(c)(2)

Subject: Parking for major addition

Effective Date: 1/87

Interpretation:

This Paragraph states that when a building or use is expanded, parking need be provided only for a major addition expressed in terms of added floor area. A retail home improvement center legally had a significant outdoor area where lumber was displayed to the public next to its larger retail building. The center wanted to enclose the outdoor sales area and wanted to know if this would add to the parking requirement. It was noted that the outdoor area was not just storage but outdoor sales space since customers had access to it and selected their own lumber items there. Consequently, such existing outdoor space was already part of their floor area so enclosing the same space would not add to the "floor area" of the use and therefore would not require additional parking nor require an environmental evaluation.

Code Section: 150(d)

Subject: Required retention of parking access

Effective Date: 8/87

Interpretation:

Once parking is voluntarily provided that meets a requirement for off-street parking, it must be retained even if such access is across someone else's property if the access in question is the only access.

Code Section: 151

Subject:

Effective Date: 11/96

Interpretation:

See Interpretation 242(e)(4) Bernal Heights SUD parking requirement

Code Section: 151

Subject: Parking for accessory use dwelling

Effective Date: 12/86

Interpretation:

A Buddhist Temple is located in a residential district where it would require a conditional use authorization. A residence for its caretaker/s was proposed to be on the same lot. Parking was required for the residence because all dwellings whether or not accessory, are subject to Section 151, Table 4.

Code Section: 151

Subject: Parking requirement for combined retail and wholesale

Effective Date: 1/86

Interpretation:

A business was both retail and wholesale and the two activities were not physically separated. The inventory storage space was too large to be considered to be accessory to the retail use and the wholesale component was a major part of the business. Therefore, the space used to store the inventory was considered to be wholesale space for purposes of parking computation.

SEE THE INTERPRETATIONS -- ALPHABETICAL FOR THE PARKING REQUIREMENT OF VARIOUS USES LISTED ALPHABETICALLY BY SUBJECT

Code Section: 151

Subject: Exemptions, mentally handicapped

Effective Date: 9/02

Interpretation:

See Interpretation 207.4(b)

Code Section: Table 151

Subject: Parking requirement: Educational facilities added to church

Effective Date: 5/66

Interpretation:

Normally, floor area occupied by an accessory use (except required parking) is counted in the occupied floor area that determines the parking requirement. However, no additional parking would be required for adding floor area to accessory facilities in the case where classrooms conforming to the accessory use provisions where added to a church. This is because a church's parking requirement is set by the seating capacity of its main auditorium rather than by the occupied floor area. If the classroom space failed to conform to the accessory use provisions, it would be computed for parking as provided in this table for classroom space.

Code Section: 151

Subject: Parking for buildings with elderly/handicapped

Effective Date: 12/90

Interpretation:

For dwellings specifically designed for and occupied by elderly or handicapped persons, this table requires just one-fifth the number of parking stalls that would be required for the building in that zoning district if the building contained regular dwellings. A building qualifies for this reduced parking requirement only if the ENTIRE building is so occupied.

Code Section: 151

Subject: Hotel parking, suites

Effective Date: 4/87

Interpretation:

Each room of a hotel suite counts as a separate room for parking purposes unless the applicant could clearly show an operational procedure or room layout which would restrict sleeping in other rooms of the suite.

Code Section: 151

Subject: Required parking for vocational school

Effective Date: 8/92

Interpretation:

This table requires one parking space for every two classrooms in a secondary school. A vocational school that primarily provides instruction in automobile and other types of repair is not specified in this table. In this case, it also was difficult to determine what constituted a classroom and it was questionable if parking should be based upon classrooms. Section 153(b) states

that when a particular use is not specified in this table, the Zoning Administrator should determine the proper parking formula based upon a similar use. It was decided that the appropriate parking formula for this situation should be that provided for service, repair or wholesale sales space, which formula is one space per 1,000 square feet of occupied floor area. This conclusion may not apply to every vocational school. An examination of the curriculum and floor plans is necessary to determine the appropriate parking requirement for a particular vocational school.

Code Section: 151

Subject: Use of surplus condominium parking

Effective Date: 9/94

Interpretation:

Parking stalls owned by an individual condominium unit cannot be credited toward the parking requirement of another use even if the owned stall is surplus unless a lease arrangement is made for the life of the leasing use per Section 159 or unless it can be counted as collective parking per Section 160. However, when parking in a condominium is commonly held, the parking requirement must be based upon the parking requirement for all the individual tenants in the entire condominium development when an expansion or change of use is proposed for one of the uses.

Code Section: 151

Subject: Condominium conversion parking requirements for legal, non-conforming parking situations

Effective Date: 02/2002

Interpretation:

A question was raised regarding parking requirements as applied to condominium conversions. Section 151 of the Planning Code defines parking requirements for dwellings. Many proposals requesting condominium conversions for buildings that pre-date the Planning Code parking requirement contain no parking or non-complying parking areas. Parking spaces may be sub-standard in size, not meet independent accessibility requirements and structures may not contain the required number of parking spaces. The Zoning Administrator notes that assigning a parking space to a particular unit, while potentially creating a permanently non-conforming parking situation for a portion of the structure, would bring some dwelling unit(s) into conformity and therefore meets the intent of Section 151 of the Planning Code. In practice, the market will allocate the parking spaces to individual units. Therefore, the Department will approve parking as "Common Area for the Exclusive Use of Unit X."

Code Section: 153(a)(1)

Subject: Parking calculation, mixed use developments

Effective Date: 1/86

Interpretation:

In mixed use developments, if total nonresidential usable floor area (for uses which have the same unit of measurement for parking) exceeds the parking threshold for the use on the lot with the lowest threshold, all nonresidential uses are considered to be over their respective thresholds and the parking requirement is calculated for each use per Section 153(a)(1).

Code Section: 153(a)(2)

Subject: Aggregated parking requirement

Effective Date:

Interpretation:

Table 151, the "Parking Table" presents the formula for determining the required number of parking stalls for a type of use but indicates that if a use contains less than a stated quantity of occupied floor area, no parking need be provided. Paragraph 153(a)(2) states that if the table's initial amount is exceeded for a structure, lot or development, the uses in or on the entire structure, lot or development are all considered to have exceeded the initial amount and all the uses are subject to the parking requirement based upon each use's entire occupied floor area with no exempted initial amount. For buildings built after the effective date of the parking requirement, this initial amount is not permanently exempted; it is a threshold beyond which there is a parking requirement based upon the entire floor area. The following determinations are based upon this principle.

9/72: When a series of developments are contiguous and under single control but on separate Assessor's lots, they will be treated as though they are a single development and their occupied floor areas shall be aggregated to determine whether the combined development is over the threshold. The Planning Code's definition of "Lot" states that a zoning lot may consist of a combination of contiguous Assessor's lots where necessary to meet the requirements of the Code. The Zoning Administrator may determine that a series of contiguous Assessor's lots are under single control even where the official records list separate owners for the lots. For example, when a series of separate permit applications for separate stores, each under the parking threshold were proposed for individual contiguous Assessor's lots by the lot's separate owners acting together at the same time, the development was determined to be a single zoning lot subject to the parking requirement based upon the aggregate occupied floor area.

NOTE: This paragraph is a clarification of what the Code states: Code Paragraph 153(a)(2) goes on to say that, when combining the requirements for different uses within a single development, the only threshold to consider is that of the use in the development with the lowest threshold. In other words, all the uses "borrow" this lowest threshold for determining whether the aggregate occupied floor area is subject to the parking requirement. If so, the number of parking stalls is calculated by using the respective formula for each use and applying it to that use. The results of these calculations are added unrounded to the calculations for the other uses and the total rounded up to determine the total number of stalls for the development. The parking requirement for most uses is based upon floor area but for others it is number of seats, rooms, dwelling units, etc. Only those uses using the same basis for measurement can "borrow" this lowest threshold.

se. 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.

Code Section: 159(c)

Subject: Parking not on the subject lot

Effective Date: 1/86

Interpretation:

Parking provided pursuant to Section 159 (parking provided off site) does not require a conditional use pursuant to Section 209.7 (community garage in R Districts) IF the parking provided per Section 159 is REQUIRED parking. Any parking provided per Section 159 is, by definition, required parking.

Code Section: 159(e)

Subject: Parking not on the subject lot

Effective Date: 2/86

Interpretation:

Duration of lease: This Section requires the property containing the off-street parking which is accessory to a use located on another lot to be tied to the property containing the principal use by means of a lease which runs for the lifetime of the principal use. In practice, leases must contain a specific termination date. Therefore the question was, how long in specific years must the lease be in effect? The City Attorney has indicated that the time period must be at least 90 years. The lease may be terminated earlier with approval of the Zoning Administrator if the arrangement is no longer required to conform to the parking requirements.

Code Section: 161(a)

Subject: Criteria for topographic inaccessibility

Effective Date: 5/96

Interpretation:

This Section states that no off-street parking need be provided for a one- or two-family dwelling where the lot on which such dwelling is located is entirely inaccessible by automobile because of topographic conditions. This exemption is NOT applicable for a normal case of a sloping lot with a developed street in front. It is necessary to determine what constitutes inaccessibility on a case-by-case basis but the following determinations may serve as guidelines. This is an automatic exemption that affects only one- or two-family houses. The variance procedure is available to consider the merits of all other situations.

The exemption APPLIED to the following cases:

(see pages 810 and 811 of former edition.)

Code Section: 161(d)

Subject: Parking in Washington-Broadway SUD, gross floor area

Effective Date:

Interpretation:

This Section states that, except for residential use, parking is not required in the Washington-Broadway Special Use District (SUD). When parking is voluntarily provided in this SUD and falls within the limits of Section 204.5 forparking as an accessory use, it does not count as part of gross floor area under the definition of "Floor area, gross" in the Section 102 series.

Code Section: 170, 171

Subject: Applicability of Code

Effective Date:

Interpretation:

See "Redevelopment Plan" in the Interpretations - Alphabetical

Code Section: 170

Subject: Applicability of Code versus Redevelopment Plan

Effective Date: 3/88

Interpretation:

This Section states that if this Code is more restrictive than some other law, this Code governs. An exception to this rule is the agreement made between the Planning Commission and the Redevelopment Agency to the effect that the Planning Code does not control property in Redevelopment Areas approved by the Planning Commission in regards to those issues covered by the Redevelopment Plan. Issues not addressed by the Redevelopment Plan remain under the jurisdiction of the Planning Code. However, jurisdiction reverts back to the Planning Code when the Redevelopment Agency "closes out" a Redevelopment Area after a Redevelopment Area Plan is completed.

Code Section: 171

Subject: Jurisdiction of boundary properties

Effective Date: 12/85

Interpretation:

When a lot on the City limit boundary has its street frontage in another jurisdiction, San Francisco does NOT maintain building permit jurisdiction and therefore the Planning Code does not apply to any portion of that lot.

Code Section: 171

Subject: Compliance of uses

Effective Date: 5/91

Interpretation:

See Interpretation 181(a)

Code Section: 172(b)

Subject: Noncomplying building in rear yard

Effective Date: 3/88

Interpretation:

This Section prohibits any building legally existing in the rear yard from being expanded in such a manner as would increase the discrepancy. An increase in the building envelope of a building in the required rear yard would constitute an increase in discrepancy. Section 188(a) would allow the building to remain and be renovated and maintained. Therefore, such noncomplying building could be raised temporarily for the purpose of gaining access to construct a new foundation and thereafter returned to its former legally existing elevation.

Code Section: 172(b)

Subject: Rear yard location, noncomplying building

Effective Date: 3/89

Interpretation:

This Section states that a building cannot be altered to make it less conforming to the open space requirements. Where a building occupies a lot from front to rear so that the only open space is on the side, one can still build on the buildable depth of this vacant portion of the lot provided the usable open space and other provisions are not violated. This Section does not prohibit building in the buildable area of the lot. Therefore, in the case of a shallow lot (37.5 feet) with a broad frontage (50 feet) where the only yard was a sizable area to the side of the building, such yard could be built upon under this interpretation.

Code Section: 172(c)

Subject: Compliance of off-street parking

Effective Date:

Interpretation:

See Interpretation 150(d)

Code Section: 173

Subject: Compliance of lots

Effective Date: 11/85

Interpretation:

See Interpretation 130(c)

Code Section: 173(b)

Subject: Compliance of lots

Effective Date: 5/91

Interpretation:

See Interpretation 181(a)

Code Section: 173

Subject: Compliance of lots

Effective Date: 3/87

Interpretation:

This Section requires compliance of lots. A substandard lot which is not a lot of record remains a legal lot if a governmental agency makes it substandard by buying only a portion of it without compensating the owner for making the whole lot unbuildable.

Code Section: 173

Subject: Compliance of lots

Effective Date: 3/88

Interpretation:

This Section requires compliance of lots. Four adjacent lots under single owner ship contained buildings which were nonconforming or noncomplying. Addition ally, two of the lots were noncomplying having been illegally split. However, since they are under single ownership, the lots could be legalized by merging all four into a single lot or by merging them into the original 25 feet by 120 feet configuration and granting easements to buildings which encroach onto the other lot, or by lot line adjustments. The conformity of the buildings are a separate matter and any illegality of their situation would not hamper the ability of the lots to be merged.

Code Section: 173(b)

Subject: Lot split, density exceeded

Effective Date: 1/88

Interpretation:

This Section requires compliance of lots. A through lot with two residential buildings at either end was over the density limits. The owner wanted to split the lot into two lots. This raised the issue about whether splitting the lot in this way would exacerbate the noncomplying situation as to density and therefore would be tantamount to a rezoning. Such lot split would not be tantamount to a rezoning if the area of each lot is proportional to their relative number of units.

Code Section: 174

Subject: Developing ground floor accessory rooms in residential buildings

Effective Date:

Interpretation:

See Appendix

Code Section: 174

Subject: Modifications of conditions

Effective Date: 8/96

Interpretation:

See Interpretation 303(e)

Code Section: 175.6

Subject: Sunset of 'Pipeline' Provisions

Effective Date: 5/09 (Revised 1/14)

Interpretation:

must receive required entitlements from the Planning Commission or Department prior to January 19, 2011, which is two years from the effective date of the Eastern Neighborhoods Plan. This date may be extended by the Zoning Administrator due to circumstances beyond the applicant's controls, as set forth in Section 175.9(e)(2), such as appeals or court challenges. It should be noted that, together with the three-year authorization period set forth in Section 175.9, pipeline projects will be afforded a five-year window to receive required building permits.

Code Section: 176

Subject: Determining illegality

Effective Date: 6/92

Interpretation:

The Department normally will use building permit history to determine the legality of a use. Because all building permit records were destroyed in the 1906 earthquake and fire, we will assume that any unit shown to have been created before the 1906 earthquake and fire is legal barring evidence to the contrary.

Code Section: 178

Subject: Intensification of conditional uses

Effective Date: 3/86

Interpretation:

This Section governs conditional uses (uses that require special authorization from the Planning Commission) and defines an "automatic conditional use" as a use that was established before the need for a conditional use (CU) that would now be required for such use. It also states that an existing conditional use may not be intensified without another CU authorization. The following decisions have addressed the issue of intensification and under what circumstances another CU would be required. The sublease of space within an automatic CU auto repair garage to another party who does other types of auto work requires a new CU. The existing traffic problems associated with the existing CU was apparently a factor in this decision.

Code Section: 178(a)

Subject: Conditional use, definition

Effective Date: 7/91

Interpretation:

This paragraph says that a conditional use is a use specifically authorized under the conditional use procedures or a use which was legally existing at a time when a change in the Planning Code made such type of use a conditional use. Any use that was approved by the Planning Commission subject to specific conditions would be a conditional use whether the use was authorized pursuant to the conditional use procedures or some alternative procedure such as the Commission review required for landmark or downtown buildings, coastal zone or for those in a preservation district. Therefore, a use which was approved by the Planning Commission subject to certain conditions could be altered contrary to such condition only upon approval of another conditional use authorization.

Code Section: 178(c)

Subject: Alteration of a conditional use

Effective Date: 3/89

Interpretation:

This Section states that a conditional use (CU) cannot be intensified or expanded without another CU authorization. Dwellings are a conditional use in a C-M District. The proposal was to convert the dwelling floors to commercial and replace them on new floors added to the top of the building. This would be a significant modification to an automatic conditional use therefore requiring another conditional use authorization.

Code Section: 178(c)

Subject: Alteration of CU, in a mixed use building

Effective Date: 3/89

Interpretation:

This Section states that a CU cannot be intensified or expanded without another CU authorization. Such rule only applies to the floor area and the uses that are subject to CU. Any permitted uses in the building are unaffected by the CU use limits and conditions which do not apply to the addition of permitted uses to other floor areas within the building or changing the CU floor area to a permitted use.

Code Section: 178(c)

Subject: Intensification of a conditional use

Effective Date: 1/91

Interpretation:

This Section states that an existing conditional use cannot be significantly altered, enlarged, or intensified except upon approval of another conditional use. Generally, adding cooking equipment without adding floor area to a small self-service restaurant which currently provides retail and wholesale cold sandwiches would not be considered an intensification. However, individual situations will be evaluated by the Zoning Administrator on a case-by-case basis.

Code Section: 178(c)

Subject: Conditional use, intensification

Effective Date: 11/91

Interpretation:

This Section says that the intensification of a conditional use requires a conditional use authorization. In the case where a kitchen in an existing school was proposed to be expanded to provide freshly cooked meals to a larger percentage of the existing student population, no intensification or expansion was contemplated since it would not accommodate additional students and would not expand the building.

Code Section: 178(c)

Subject: Intensification of conditional use

Effective Date: 12/91

Interpretation:

This Section says that the intensification of a conditional use requires a conditional use authorization. In the case where there is no proposed addition to the building but a kitchen is proposed to be added to an existing church in conjunction with a social room, the Department has not considered it to be an intensification whether or not it is an addition to an existing social room or if other uses (classrooms, storage, etc.) would be replaced to provide the social room and kitchen.

Code Section: 178(c),(e)

Subject: Changes in use and intensification of conditional uses

Effective Date: 6/93

Interpretation:

This Section says that a conditional use cannot be intensified without another conditional use authorization. For a district where automobile repair is a conditional use, converting a motorcycle repair business to automobile repair would not constitute an intensification. Motorcycle repair is not listed as one of the use categories for neighborhood commercial districts but a prior interpretation equated the two.

Code Section: 178(c)

Subject: Enlargement of a CU, installing an ATM

Effective Date: 11/93

Interpretation:

This Section states that a conditional use cannot be intensified except upon approval of a new conditional use authorization. A bank in a zoning district that requires a CU for a bank proposed to install an automatic teller machine. The addition of an ATM to a bank constituted an intensification triggering a CU requirement.

Code Section: 178(c)

Subject: Significant enlargement/intensification of a conditional use

Effective Date: 5/98

Interpretation:

See Interpretation 186.1(b)

Code Section: 178(c)

Subject: Significant enlargement/intensification of a conditional use (parking lots)

Effective Date: 03/2002

Interpretation:

This Section of the Planning Code states that a conditional use may not be significantly altered, enlarged, or intensified except upon approval of a new conditional use authorization. An interpretation was written to define what would be considered a significant enlargement, which is stated as an expansion of more than 25% of the floor area or more than 500 square feet, whichever is less. Since the intensity of a parking lot/garage is based on the number of parking spaces, an increase of more than 25% of the total number of existing parking spaces would be considered an intensification or enlargement of the existing conditional use. Therefore, parking lifts could be added to a parking garage or lot that was an automatic conditional use so long as they did not add more than 25% of the existing spaces.

Code Section: 178(d)

Subject: Conditional use abandonment after fire

Effective Date: 11/96

Interpretation:

This Subsection states that once a conditional use has been abandoned for a period of three or more years, it cannot be restored except upon approval of a new conditional use approval. An authorized conditional use nightclub with restaurant was established in a district requiring a conditional use for these uses and then was destroyed by fire. The owner of the conditional use declared bankruptcy but the owner of the building rebuilt the commercial building for general commercial tenants with no provision for cooking facilities. More than three years after the fire, the owner inquired whether a new tenant could establish a nightclub on the previous authorization. Even though the building owner may have rebuilt his building within the time frame allowed to rebuild nonconforming and conditional uses, there was no showing of an intent to reestablish a nightclub or a restaurant within that time frame. Therefore, a nightclub or restaurant proposed for that building would be subject to a new conditional use authorization.

Code Section: 179.1(b)(2)(D)(1)

Subject: Legitimization, "Continuous Basis"

Effective Date: 5/09 (Revised 1/14)

Interpretation:

As part of the Eastern Neighborhoods Plan, a "legitimization" program was established to address existing uses which lack the required permits. Specifically, certain uses which were previously allowable but no longer are may seek the required permits under pre-Eastern Neighborhoods zoning controls. A land use may be eligible to be "legitimized" under Section 179.1 if it has been "regularly operating or functioning on a continuous basis" for no less than two years. For purposes of this subsection, this criterion shall be considered satisfied even if such continuous basis was interrupted by a period of vacancy so long as (1) the total period of vacancy was less than one year, (2) the space in question was actively being marketed for occupancy by the land use in question during such vacancy, and (3) the space in question has been occupied for at least two years by the land use in question. The "legitimization" program expires on January 18, 2012. No new applications will be accepted after that date.

Code Section: 179.1(g)

Subject: Fee Payment for Legitimization

Effective Date: 2/12

Interpretation:

Section 179.1(g) requires that "At least 20% of applicable fees are due annually following the issuance of the first site or building permit and final payment must be made within five years of receiving the first building or site permit." However, the various impact fees included in the Planning Code typically require they be paid before the issuance of a building permit, not after.

Therefore, the initial 20% of applicable fees under Section 179.1 shall be paid before the issuance of a building permit. This effectively ensures that the total fee amount will be paid within four years of receiving the first building or site permit instead of within five years.

Code Section: 180

Subject: Substandard lot of record

Effective Date: 8/85

Interpretation:

This Section governs noncomplying structures and substandard lots of record.

A lot of record, even a substandard one, is permitted to have as many dwellings as any other lot in that zoning district.

In the case of two adjacent substandard lots of record, with the same owner, there is no need for the two lots to merge. However, if one lot contains parking for the other lot, that parking must be retained or replaced. Each lot may contain the same number of dwelling units that standard lots in that zoning district are allowed.

Code Section: 180

Subject: Substandard lots of record

Effective Date: 12/91

Interpretation:

While the Redevelopment Plan for the Diamond Heights Redevelopment Area had jurisdiction over that area, the Planning Code had no jurisdiction. When this redevelopment area was closed out as of October 1, 1991, the Planning Code regained jurisdiction. This Section discusses the handling of substandard lots of record. Substandard lots, legally created under the Diamond Heights Redevelopment Area will be considered to be legal lots of record.

Code Section: 180

Subject: Noncomplying residence, relocation of

Effective Date: /93

Interpretation:

This Section defines noncomplying structures and states that they are incompatible with the purposes of this Code and that noncomplying situations should be brought into compliance with the Code. In the case where a large garage existed in the buildable area of a lot and a small residence existed at the rear of the lot, the dwelling could be removed from the rear yard building and built on the top of the garage, provided that the noncomplying building at the rear not become more noncomplying.

Code Section: 181

Subject: Alteration of nonconforming building

Effective Date: 7/86

Interpretation:

See Interpretation 186 Limited commercial use, consolidation

Code Section: 181

Subject: Nonconforming garment shop, intensification

Effective Date: 6/68

Interpretation:

This Section says that a nonconforming use shall not be intensified. Any increase in the number of sewing machines in a nonconforming sewing factory would constitute an intensification.

Code Section: 181

Subject: Alteration of a nonconforming use

Effective Date: 12/85 (Revised 3/21)

Interpretation:

This Section governs the enlargement, alteration, and reconstruction of nonconforming uses and says that generally, nonconforming uses may not be enlarged, intensified, or moved to another location but that alterations may be allowed “any portion of the structure that will not thereafter be occupied by the nonconforming use.” A building was nonconforming because it legally contained four units which is one more unit than would be permitted in the current zoning district. The owner wanted to enlarge three of the units by moving one to a noncomplying building in the rear yard and expanding existing units into its space. This was allowed provided the owner thereafter designated one unit as the nonconforming unit which would not be able to be enlarged beyond the existing building’s envelope or moved for as long as there were nonconforming units on the lot. (Previous rulings stated that noncomplying structures in the rear yards can be converted to dwellings provided there is no expansion of the structure.) Also, the owner must seek and justify a variance if the rear, noncomplying building does not already contain a dwelling unit because making such building a dwelling exacerbates the rear yard deficiency (see Interpretation 188(a) below). Further, the owner may not always have the option of which unit to designate as the nonconforming unit. In this case, after the unit proposed to be in the noncomplying building is established in the noncomplying building, it would have to be considered the nonconforming unit under principles established by other Zoning Administrator determinations.

Code Section: 181

Subject: Nonconforming dwelling unit, intensification

Effective Date: 6/91

Interpretation:

This Section states that a structure containing a nonconforming use cannot be expanded or intensified. In the case where the nonconformity involves only the density of dwelling units, Subsection 181(c) states that this prohibition shall apply only to those dwelling units that represent the excess density. Raising the ceiling of a dwelling unit that was considered to be one of the nonconforming units in a building with excess density was permitted by a minimum amount. It could not be doubled in height nor raised enough to accommodate an additional floor.

Code Section: 181

Subject: Nonconforming use abandonment

Effective Date: 5/90

Interpretation:

This Section says that a nonconforming use can be reinstated if it was the last authorized use of the site or space and was not abandoned for a period of more than three years. This deadline could be extended in cases where the owner of an NCU has shown an intent to reestablish the use within the three-year period but was prevented from doing so by forces outside the owner's control. What evidence will be accepted has not been determined.

Code Section: 181

Subject: LCU, addition of another shop

Effective Date: 3/94

Interpretation:

This Section prohibits the enlargement or intensification of a nonconforming use. In the case where a limited commercial use (See Section 186) contained another room that was surplus to the needs of the current commercial use but was apparently always commercial floor area, the surplus space could be used for a separate retail use without being considered an enlargement or intensification of a nonconforming use.

Code Section: 181(a)

Subject: Intensification of an NCU

Effective Date: 3/89

Interpretation:

Adding electricity and gas for heat to an NCU warehouse in an RH-2 District would not be considered an intensification.

Code Section: 181(a)

Subject: Intensification of a nonconforming use

Effective Date: 4/90

Interpretation:

This Paragraph states that a nonconforming use cannot be intensified and remain a nonconforming use. The nonconforming wholesale component of a restaurant could not be used after hours by another wholesale food processing establishment as the extended hours of the nonconforming operation together with the additional product storage and handling would constitute an intensification.

Code Section: 181(a)

Subject: Intensification of an NCU

Effective Date: 1/91

Interpretation:

This Paragraph states that a nonconforming use cannot be increased in size or intensified. A nonconforming dental office had several rooms that were used for accounting and other administrative functions of the establishment. There was a proposal to convert these rooms into operating rooms. Conversion of administrative functions of a dental clinic to dental operating functions without enlargement would not constitute intensification.

Code Section: 181(a)

Subject: Nonconformity of lots under single ownership

Effective Date: 5/91

Interpretation:

This Section states that uses which do not conform to the Code cannot be increased in size or intensity or changed in such a way as to increase an existing noncompliance. Section 102 ("Lot") states that a lot, for purposes of the Planning Code, may consist of more than one Assessor's lot if necessary to fulfill the requirements of the Code and that the Zoning Administrator may cause Assessor's lots to be merged for such purpose. This raises questions about when adjacent lots under same ownership must be considered to be a single zoning lot. Single ownership of contiguous lots is irrelevant unless these contiguous lots have been treated by the single owner or the City as a single lot for purposes of the Planning Code, such as by using an adjacent lot for parking or RELYING on it for density calculation or to meet open space requirements. Contiguous lots could have been relied upon by a single owner to meet a

single zoning lot. Single ownership of contiguous lots is irrelevant unless these contiguous lots have been treated by the single owner or the City as a single lot for purposes of the Planning Code, such as by using an adjacent lot for parking or RELYING on it for density calculation or to meet open space requirements. Contiguous lots could have been relied upon by a single owner to meet a

Code requirement but, in the absence of evidence to that effect, the Zoning Administrator will not treat them as a single zoning lot. Therefore, if one such lot is over the current density standard it will not curtail full development of an adjacent lot under the same ownership if the noncomplying unit was built at a time or under circumstances that would have allowed it without reliance on the adjacent lot. To make the record clear, current Zoning Administrator practice is to require the merger of lots when treated as one zoning lot.

Code Section: 181(a)

Subject: Intensification of a nonconforming use

Effective Date: 11/95

Interpretation:

This Subsection states that a nonconforming use (NCU) may not be intensified. However, Subparagraph 182(b)(1) states that an NCU in an R District may be changed to any use that is a permitted use in an NC-1 District or, with a conditional use authorization, to any use allowed as a conditional use on the ground floor of an NC-1 District, or to such permitted or conditional uses of a more restrictive individual area Neighborhood Commercial District or Restricted Use Subdistrict within ¼ mile. Any change in an NCU conforming to Subparagraph 182(b)(1) will meet the restrictions of Section 181(a) so that no NC-1 use by itself shall be deemed to constitute an intensification of an NCU. Other factors, such as an increase in floor area, lot area, noise or loading may cause it to be declared an intensification.

Code Section: 181(a)

Subject: Nonconforming use, expansion into another NCU

Effective Date: 7/96

Interpretation:

This Section states that, "a nonconforming use shall not be enlarged, intensified, extended, or moved to another location . . ." and, "a nonconforming use shall not be extended to occupy additional space in a structure . . ." A nonconforming use (NCU) that had been a warehouse for a wholesale delicatessen distributor was rented as exclusive storage for another nearby NCU used as a restaurant. Normally, an NCU wholesale storage use could be changed to another storage use. In this case, however, such change in use constituted an illegal enlargement of the NCU restaurant because the storage was exclusively for the single restaurant in close proximity to the storage facility within the same residential neighborhood so that the ultimate effect was to increase the size of the operation in that neighborhood.

Code Section: 181(a)

Subject: Moving an NCU within a building

Effective Date: 1/97

Interpretation:

This Subsection states that a nonconforming use (NCU) "shall not be enlarged, intensified, extended, or moved to another location ..." The prohibition against moving shall not apply to relocation within the same building, provided it occupies the same or less area and is not intensified in some other way. It is logical that relocation of an NCU to some other lot should not be allowed because it shifts the negative impacts of an NCU to a different environment which would be unfair to its unsuspecting neighbors. However, the same logic does not apply to relocation (without intensification) within the same building where its unsuspecting neighbors would only be other building tenants. Generally, other City Codes such as the Building or Housing Codes govern or protect the environment within a building while the Planning Code is intended to control the impacts of a building on surrounding properties and population. The zoning lot (as defined by "Lot" in Planning Code Section 102) is normally the basic unit to which most zoning regulations apply. Therefore, it is reasonable to assume that relocation to another lot is what was meant by this prohibition.

Code Section: 181(a)

Subject: Nonconforming use, intensification

Effective Date: 4/97

Interpretation:

This Subsection states that a nonconforming use cannot be intensified. However, floor and counter space devoted to grocery items can be converted to 100 square feet or less for an accessory deli per Section 703.2(b)(1)(C)(iii) without being considered an intensification. This is consistent with another interpretation [181(a) 11195] which stated that an NCU may

change to any NC-1 use as authorized by Section 182(b)(1) without being considered an intensification because such change in use is expressly authorized and a more specific provision cannot be overturned by a less specific provision. The accessory deli authorized by Section 703.2(b)(1)(C)(iii) also is more specific than the prohibition against intensification.

Whenever a deli is authorized in a nonconforming use and thereafter violates the restrictions of Section 703.2(b)(1)(C)(iii) or any other section of the Code, it is in jeopardy of termination pursuant to Section 182(h). A warning to this effect should be added to approval of such permit applications.

Code Section: 181(b)

Subject: Structural alterations

Effective Date: 5/96

Interpretation:

This Subsection governs when, and to what degree a nonconforming use may be altered. One of its paragraphs allows ordinary maintenance which relies upon the definition below. Another paragraph allows other "structural alterations" within a value limit. This makes the definition of "structural alteration" important. A structural alteration is any work involving changes in or replacement of any supporting members, including foundations, studs, joists and similar items. Nonsupporting items such as siding, roofing and mechanical equipment are not included. Some items appear to fall between the two main categories but can more readily be assigned to one than to the other: new doors and windows, for instance, are structural and partitions are structural.

ving 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: Reconstruction of nonconforming uses

Effective Date: 8/87

Interpretation:

This Paragraph states that a nonconforming use cannot be voluntarily razed unless replaced by a conforming use. A three-unit dwelling is served by only a one-stall garage and no other parking. This situation does not make the one-stall garage a nonconforming structure. Rather, the situation makes the dwelling a noncomplying structure which Section 188 says may be altered as long as there is no increase in discrepancy. Therefore, the garage maybe voluntarily razed and replaced with a one-stall garage without having to make up the parking deficiency.

Code Section: 181(d)

Subject: Restoration of illegal units

Effective Date: 3/90

Interpretation:

This Section, as amended by Ordinance 75-90, allows illegal units in buildings which require "substantial repair" as a result of the October 17, 1989 earthquake to be legalized under certain conditions. The ordinance indicates that buildings that qualify as needing "substantial repair" will be identified by the Director of Building Inspection. This issue as well as procedures for implementing this subsection are answered by DCP Public Information Flyer 90.1 and by BBI Administrative Bulletin AB-51.

Code Section: 181(d)

Subject: Reconstruction of an NCU

Effective Date: 5/90

Interpretation:

This Section states that a nonconforming use destroyed by an act of God may be reconstructed according to its legal configuration and uses. This right of reconstruction is unaffected by any change in private ownership even though the ownership changed between the time of the building's destruction and its proposed rebuilding. The right rides with the land – not the owner. This principle applies as well to the right of reconstruction stated in Section 188(b).

Code Section: 182

Subject: NCU, change of use, conversion of guest rooms

Effective Date: 3/94

Interpretation:

This Section allows a nonconforming use to be changed to a use that is more widely permitted by the zoning districts but not to a use that is less widely permitted. Four guest rooms in an apartment building which exceeded the density limits were proposed to be converted to an additional unit. Guest rooms without individual cooking facilities and not rented as hotel rooms are considered to be group housing. One may "mix and match" group housing and regular apartments on a site. The building was zoned RM-3 which allows one dwelling unit per 400 square feet of lot area and one group housing bedroom per 140 square feet of lot area. The four guest rooms accounted for 560 square feet of lot area so replacing them with one dwelling unit accounting for 400 square feet of lot area would constitute a reduction in intensity or a change to a use that is more widely permitted. However, the conversion constituted a change in use since the use table for the RM-3 District lists group housing and apartments as separate uses, (see Interpretation 101.1 Change in use defined /95). Since it was a change of use, it made the conversion subject to the Priority General Plan Policies of Section 101.1 of which the policy to preserve the City's supply of affordable housing conflicted with the proposal. Therefore, in this instance the proposal was denied. Cases such as this need to be decided on a case-by-case basis.

Code Section: 182(b)

Subject: Conversion of NCU to dwelling, no rear yard

Effective Date: /94

Interpretation:

This Subsection states that a nonconforming use may be changed to a use more widely permitted than the existing use. However, Subsection 172(b) states that no NCU may be altered in such a way as to increase a Code discrepancy or create a new discrepancy. In the case where an NCU with no rear yard was the sole use on a residentially zoned lot, it could be converted to residential use without a rear yard variance.

In districts requiring a rear yard for all buildings, such nonresidential building without a rear yard is already noncomplying and would not be made noncomplying by adding a dwelling. However, in districts which require a rear yard only for dwellings, a nonresidential building without a rear yard is not noncomplying but would be made so by the addition of a dwelling, thus requiring a variance. Usable open space, on the other hand, is normally not required for uses other than dwellings so a variance may be necessary for such open space if it cannot be provided when introducing residential use.

tricts which require a rear yard only for dwellings, a nonresidential building without a rear yard is not noncomplying but would be made so by the addition of a dwelling, thus requiring a variance. Usable open space, on the other hand, is normally not required for uses other than dwellings so a variance may be necessary for such open space if it cannot be provided when introducing residential use.

Code Section: 182(b)(1)

Subject:

Effective Date: 4/97

Interpretation:

See Interpretation 181(a) Nonconforming use, intensification

Code Section: 182(b)(4)

Subject: NCU change of use, limitation

Effective Date: 5/90

Interpretation:

This Section states that a nonconforming use (NCU) may be changed to a use that is first permitted in the same zoning district that would permit the NCU's current use. A new use must bring with it to the NCU the same limitations to which it was subject in the zoning district where it would first be permitted. Therefore a wholesale bakery (first permitted in a C-3-S District) could be converted to a sewing factory with the same limitations as a sewing factory in a C-3-S District. In other words, it could occupy no more than ¼ of the floor area on the lot and have no machine with more than five horsepower per Section 226(a) OR it could occupy no more than ½ of the ground floor area on the lot and have no machine with more than five horsepower per Section 226(b). In addition to the limits noted above, such conversion of an NCU must also conform to the limits of the Garment Shop SUD.

Code Section: 182(g)

Subject: LCU, change in use

Effective Date: 9/90

Interpretation:

This Paragraph states that once a nonconforming use has been changed to a principal or conditional use permitted in the district in which the property is located, the property may not be returned to its non-conforming status. An LCU is a type of NCU per the introductory paragraph to Section 186. While Section 186 exempts LCUs from automatic amortization based on time period provided in Section 185, nothing in Section 186 exempts LCUs from the provisions applied to all NCUs by Section 182 including the termination based upon change of use. Therefore,

Paragraph 182(g) applies to LCUs and a former LCU located in an RK-2 District which currently is a child care center for 44 children, cannot be returned to commercial use since a child care center of this size is a conditional use in the RH-2 District.

Code Section: 182(g)

Subject: Office in South of Market Area, change in use

Effective Date: 1993

Interpretation:

This Section states that, once a nonconforming use is changed to a conforming use, it loses its non-conforming use status and cannot return again to the nonconforming use. In most SOMA Districts, office use is not permitted but a public utility use is permitted. In the case where a utility company wanted to expand an office located in the SOMA and use it for its own office, the use was considered to be a public utility use rather than an office use, so the expansion would be allowed. In this case only the original office floor area can be an NCU office and the expanded floor area must be considered a utility which could change to any other use allowed in that district.

Code Section: 183

Subject: Loss of nonconforming status regarding parking

Effective Date: 7/92

Interpretation:

See Interpretation 150(c)(1)

Code Section: 183

Subject: Nonconforming use, three-year period of discontinuance

Effective Date: 7/67

Interpretation:

This Section says that once a nonconforming use has been abandoned or discontinued for a continuous period of three years, it shall not be reestablished. The following determinations deal with this principle.

A nonconforming use will not be considered terminated if, before the three-year period of discontinuance has passed, remodeling of the nonconforming space is initiated, and if this work is diligently prosecuted to completion.

A token use, or mere expression of intent, is not enough to make a period not continuous.

A conversion to any illegal use constitutes abandonment.

Code Section: 183

Subject: Abandonment of an NCU

Effective Date: 4/89

Interpretation:

This Section states that an NCU which has been abandoned for a continuous period of three or more years shall have lost its nonconforming use status. Such period needs to have occurred during the time that the use was a nonconforming use. Any period of abandonment prior to the effective date of the Code amendment which made the use nonconforming will not count in this period.

Code Section: 183 and 121.1

Subject: Nonconforming Uses: Discontinuance and abandonment as they relate to use size

Interpretation:

This Interpretation memorializes a long-standing Department practice.

Section 183 restricts the re-establishment of a use that has been changed to a conforming use, or discontinued for a continuous period of three years, or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming use and the use of the property thereafter shall be in conformity with the use limitations of the Planning Code for the district in which the property is located.

ts the re-establishment of a use that has been changed to a conforming use, or discontinued for a continuous period of three years, or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming use and the use of the property thereafter shall be in conformity with the use limitations of the Planning Code for the district in which the property is located.

The intent of this Section relates solely to the discontinuance and abandonment of the nonconforming use or "activity" not the size. Pursuant to Section 180, a "nonconforming use" is defined as a use which existed lawfully at the effective date of this Code or of amendments thereto and which fails to conform to one or more of the use limitations under Articles 2, 6, 7, and 8 of this Code. Use size is regulated in Article 1.2, and is more analogous to a noncomplying structure, pursuant to Section 180(a)(2). Noncomplying structures are not deemed abandoned and forced to become Code-complying if they are left vacant for more than three years, but only when they are removed. Therefore, a nonconforming use size that is discontinued and abandoned for a period three years and has not been reduced in size by a new tenant may be reoccupied by a new use at its original size, without seeking a new Conditional Use authorization.

This interpretation does not supersede any provisions for a replacement use that requires conditional use authorization for the district in which the property is located, nor does it supersede Sections 186.1(4) for the North Beach NCD and 186.1(5) for the Castro Street NCD, where the Code specifically restricts any changes of use to occupy a space that does not conform to the use size restrictions without a new conditional use regardless of discontinuance and abandonment.

Code Section: 185(a)

Subject: Termination date of NCU

Effective Date: 12/90

Interpretation:

This Paragraph prescribes a 20-year amortization period for NCUs or a longer period depending upon the age of the building. This longer period varies according to the building type under the Building Code. It was clarified that the amortization period is at least 20 years as measured from the time the use became nonconforming due to a change in zoning but could be a longer period measured from the date the building was built. For example, a Type 4 building (which has a 30-year amortization period) built in 1970 and made nonconforming in 1978 would amortize, not in 1998 but in 2000.

Code Section: 185(e)

Subject: Extension of nonconforming use termination

Effective Date: 5/82

Interpretation:

This Subsection allows the termination date of a nonconforming use (NCU) to be extended through a conditional use authorization applied for before the termination date. An NCU that has received an extension under this Section for a specific number of years may apply again before the new termination date to extend the time.

If a conditional use authorization to extend a termination date was conditioned upon a specific use, the NCU may not be changed to another commercial use except by a conditional use authorization. In the absence of such condition, however, a change in use is subject to the provisions of Section 182 – not Section 178, because the use remains an NCU. Alternatively the NCU could be changed to a Limited Commercial Use by conforming to Section 186 use or converted to a permitted use.

Code Section: 185(e)

Subject: LCU, limitations

Effective Date: 7/93

Interpretation:

This Section states that any nonconforming use may be changed to a conditional use (CU), ". . . upon application filed at any time during the period of permitted continuance specified above." The period specified above, in this case, does not include the exemption from termination provided for "limited commercial uses" by Section 186 which is found below Section 185. Further, Subsection 185(a) specifically states that the Section shall not apply to "exempt limited commercial and industrial uses meeting the requirements of Section 186." Section 186 defines "limited commercial uses" (LCUs) as nonconforming uses (NCUs) which are not subject to termination if they meet certain conditions. Subsection 186(c) states that, "Any use affected by this Section which does not comply with all of the conditions herein specified shall be subject to termination . . . but shall be considered as a conditional use under Section 185(e)." This wording means uses that do not conform to Section 186 conditions shall not be considered LCUs in the first place and therefore are subject to Section 185 rather than Section 186. It does not mean that a use that existed as an LCU (i.e., it did not terminate at the date it would normally have terminated because it conformed to the conditions of Section 186) and later ceased to conform to the Section 186 conditions, can be considered for CU status. Rather, once a use extends beyond its former termination date per Section 186, it must either continue under that Section's conditions or lose its nonconforming status. This is supported by the remaining language of Subsection 186(c) which states that a use which complies with Section 186 conditions at its termination date but later fails to so comply, shall be subject to termination when it ceases to comply. Further, LCUs may not have Section 186 conditions modified through the conditional use procedure. These conditions are what make LCUs compatible with residential districts and the Code's intent is to eliminate incompatibility.

Code Section: 186

Subject: Limited commercial use, consolidation

Effective Date: 7/86

Interpretation:

This Section regulates limited commercial uses (LCUs) which are a form of nonconforming use (NCU) subject to the general provisions that apply to other nonconforming uses. Sections 181 and 182 prohibit the alteration or change in use that would intensify an NCU. Therefore, two adjacent LCUs on separate lots could not be joined with a communicating property-line door to consolidate the two establishments into one establishment as this would constitute an intensification.

Code Section: 186(a)(2), 249.5, 781.8, 782

Subject: Alcohol RUSDs and NCU/LCUs

Effective Date: 07/09

Interpretation:

Section 186(a)(2) states that a nonconforming use in an RH or RM District which is located within ¼ mile from any Individual Area Neighborhood Commercial District or restricted use subdistrict is exempt from the termination provisions of Section 185 if they meet all of the requirements and restrictions of the nearest Neighborhood Commercial District or restricted use subdistrict. Since 1985 there have been 6 alcohol restricted use areas put in place. A question has arisen about whether a nonconforming use within ¼ mile from one of these alcohol restricted use areas must adhere to the restrictions of that district. The three most recent alcohol restricted use areas have boundaries which closely track the Neighborhood Commercial Boundaries. The earlier alcohol restricted use areas have much broader boundaries, incorporating not only Neighborhood Commercial Districts, but Residential and Industrially-zoned Districts. The Zoning Administrator has determined that if the alcohol restricted use district is coterminous with the underlying Neighborhood Commercial zoning then all nonconforming uses within ¼ mile must meet the restrictions of that alcohol restricted use district. However, if the boundaries of the alcohol restricted use district are broader than underlying Neighborhood Commercial zoning and the designating Ordinance does not state any ¼ mile requirement, then nonconforming uses do not have to adhere to that alcohol restricted use district. Therefore, there is no ¼ mile buffer around the North of Market Residential Special Use District (Section 249.5), Mission Alcoholic Beverage Special Use District (Section 781.8), or with the Third Street Alcohol Restricted Use District (Section 782).

Code Section: 186.1(b)

Subject: Nonconforming use, "significant" defined

Effective Date: 12/88, 5/98 (Revised 3/21)

Interpretation:

This Section states that a nonconforming use in a Neighborhood Commercial District cannot be significantly altered, enlarged, or intensified, except upon approval of a conditional use. Subsection 178(c) places the same limitation on conditional uses. The term “significantly” is not defined in the Code and is therefore subject to the Zoning Administrator’s interpretation. The list below provides examples of those proposals which are significant and therefore require a conditional use authorization and those which are not significant.

Enlargements that are significant:

Expansion of an existing establishment into an adjacent storefront that had been occupied by a nonconforming use in a different use category.
Expansion of more than 25% of the floor area or more than 500 square feet, whichever is less.
Expansion of an extraordinarily large development of more than 500 square feet, regardless of the percentage of the floor area.
Expansion of floor area in kitchens shall be considered on a case-by-case basis.

Intensifications that are significant:

Exchange of a No. 47 ABC license (on-sale full bar with food service mandatory and minors permitted) for a No. 48 ABC license (on-sale full bar with food service optional and minors not permitted).

Enlargements that are NOT significant:

Expansion up to 25% of the floor area or 500 square feet, whichever is less.
Expansion of an extraordinarily large development up to 500 square feet, regardless of the percentage of the floor area.
Expansion of floor area in kitchens shall be considered on a case-by-case basis.

Intensifications that are NOT significant:

An addition of kitchen equipment and/or menu items to an existing restaurant.
Exchange of a No. 42 ABC license (on-sale beer and wine bar) for a No. 48 ABC license (on sale full bar with food service optional and minors not permitted).

Code Section: 186.1(c)

Subject: Change in use of an NCU in NCDs

Effective Date: 7/88

Interpretation:

This Subsection regulates changes in use for nonconforming uses in Neighborhood Commercial Districts (NCDs) but is unclear about which changes require a conditional use. A nonconforming use in an NCD may change to a permitted use or a conditional use without requiring a conditional use authorization. It would need a conditional use authorization only to convert to those not otherwise permitted uses which are listed in Subparagraphs (A) through (C) under Paragraph (3).

Code Section: 186.1(c)(3)(B)

Subject: Changes in Use for NCU

Effective Date: 11/06

Interpretation:

changes of use. In order to promote the productive re-use of such structures, a change of use from a financial institution/bank to a medical service, personal service or professional service shall be permitted only upon approval of a Conditional Use application, pursuant to Article 3 of the Code. The CU requirement shall not apply to uses permitted as-of-right in any portion of a building.

Code Section: 186.1(c)(3)(B)

Subject: Changes in Use for NCU

Effective Date: 12/06

Interpretation:

This Section says that nonconforming medical services (790.114), personal services (790.116) and professional services (790.108) may change to another of those same three uses through Conditional Use authorization. When Ordinance No. 69-87 was implemented, strict controls were established to curtail the proliferation of financial institutions/banks (790.110) in Neighborhood Commercial Districts, and the financial institution/bank use was eliminated from earlier drafts of this Section to prevent one of the three alternative uses from becoming a financial institution/bank. This created a situation where nonconforming often multi-story buildings occupied by financial institutions/banks had exceptionally few options in terms of changes of use. In order to promote the productive re-use of such structures, a change of use from a financial institution/bank to a medical service, personal service or professional service shall be permitted only upon approval of a Conditional Use application, pursuant to Article 3 of the Code. The CU requirement shall not apply to uses permitted as-of-right in any portion of a building.

Code Section: 186.1(c)(5)

Subject: Relocation of NCU in NCDs

Effective Date: 4/88

Interpretation:

This Section says that in Neighborhood Commercial (NC) Districts, a nonconforming use can be "reestablished at another location" within that district through a conditional use authorization. The phrase, "at another location" is interpreted to refer also to a different floor area within the same building.

Code Section: 186.2(a)

Subject: Expansion of NCU in NC Districts through CU

Effective Date: 3/89

Interpretation:

This Section allows an existing NCU to be expanded into upper stories of the same building through a CU. This can only apply to upper floors that already exist and could not be used to authorize the creation of an additional floor.

Code Section: 187.1(c)

Subject: Expansion of service station

Effective Date: 11/94

Interpretation:

This Subsection allows the enlarging of nonconforming service stations with a conditional use. However, the term, "enlarge" in this subsection does not extend to expansion of the site.

Code Section: 188

Subject: Loss of noncomplying status regarding parking

Effective Date: 7/92

Interpretation:

See Interpretation 150(c)(1)

Code Section: 188

Subject: Reconstruction of garage representing a parking deficit

Effective Date: 8/87

Interpretation:

See Interpretation 181(d) Reconstruction of nonconforming uses

Code Section: 188

Subject: Noncomplying structure, no permit evidence

Effective Date:

Interpretation:

This Section prohibits the expansion of a legally noncomplying structure but allows such legal structure to be maintained and repaired. A shed was non-complying because it existed in a required rear yard. The owner wanted to know if a permit to reroof the shed could be approved. There is no permit history for the shed. It does not show up on any of the historical land use or Sanborn maps. Because reroofing is critical to the integrity of a structure (which may be proven to be legal) reroofing permits to simply replace the roof surface will be granted in these circumstances. However, a permit to replace the roof structure if voluntarily removed, could not be granted until the structure was determined to be legal.

Code Section: 188

Subject: Alteration of noncomplying feature

Effective Date: 7/85

Interpretation:

This Section says that noncomplying structures 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: 3/2001 (Original 12/85)

Interpretation:

A deck is permitted on the 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.

Code Section: 188

Subject: Alteration of noncomplying building

Effective Date: 12/85

Interpretation:

This Section says that noncomplying structures may be enlarged, altered, relocated or intensified provided there is no increase in discrepancy. An apartment building is both nonconforming due to density and noncomplying for various reasons among them being rear yard encroachment and deficiency of usable open space. It had window "light well" indentations from the side property lines. Balconies were allowed to be built within those indentations located within the area that would be required to be the rear yard under today's Code because they would make the development more closely comply with, the usable open space provisions. An internal light well at a level even with the lowest occupied floor was also permitted as "outdoor" usable area because it would also partially meet the usable open space requirements. Filling in a higher level of the light well was not allowed, nor was the expansion of the indoor living area of any level into the interior light well nor the roofing over of the top of the internal light well with a glass skylight.

Code Section: 188

Subject: Alteration of noncomplying building

Effective Date: 1/86

Interpretation:

This Section says that noncomplying structures may be enlarged, altered, relocated or intensified provided there is no increase in discrepancy. Decking may be placed upon the flat roof of a noncomplying structure provided it is placed virtually flat against thereof and below any parapet. A railing may surround this deck provided it does not exceed the minimum height required by the Building Code for deck railings. This rule applies to both height and "footprint" noncompliance. The addition of a penthouse would not be a permitted obstruction so this deck would only be allowed without a variance if sufficient access to it were already present or available in the buildable area of the lot.

Code Section: 188

Subject: Alteration of noncomplying deck

Effective Date: 1/87

Interpretation:

This Section says that noncomplying structures may be enlarged, altered, relocated or intensified provided there is no increase in discrepancy. A deck was noncomplying because it existed in the required rear yard in excess of the provisions of Section 136. The existing property line open railing of such deck 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.

Code Section: 188

Subject: Intensification of noncomplying structure

Effective Date: 11/94

Interpretation:

This Section allows the intensification of a non-complying structure provided there is no increase in any discrepancy between existing conditions and Code standards. A shed built with permit in the required rear yard before the rear yard requirement went into effect, could not be converted to a garage without a variance as such conversion, with the constituent Building Code upgrading, driveways, noise, occasional parking on driveways and other auto-related activities, would constitute an increase in discrepancy from the rear yard standards.

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. Noncomplying 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 non-complying 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

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). Alternatively, if a storage structure within the required rear yard is proposed for conversion into a residential use, the sponsor should apply for a rear yard variance only (for intensifying a 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 building in rear yard

Effective Date: 3/88

Interpretation:

See Interpretation 172(b)

Code Section: 188(a)

Subject: Intensification of a nonconforming structure

Effective Date: 3/88

Interpretation:

This Section says that noncomplying structures may be enlarged, altered, relocated or intensified provided there is no increase in discrepancy. Therefore, a noncomplying garage in the required rear yard can have stalls added to it provided there is no expansion of the structure and there is no parking beyond the amount that is accessory.

Code Section: 188(a)

Subject: Alteration of noncomplying structure

Effective Date: 3/88

Interpretation:

Previous policy has been to allow the enclosure of the area under an enclosed portion of a building which extends into the rear yard but is supported on columns. This policy does not extend to allowing the enclosure under an open noncomplying deck in the required rear yard.

Code Section: 188(a)

Subject: Conversion of noncomplying structure

Effective Date: 1/89

Interpretation:

This Section states that a noncomplying building may be altered or have a change of use provided that with respect to such structure there is no increase in any discrepancy, or any new discrepancy. One reason for requiring rear yards is to provide an amenity for the residents of a building. Placing residents in a building with a deficient rear yard exacerbates the deficiency with respect to this reason for the rear yard requirement. Therefore, a noncomplying rear yard building could not be converted to residential use without seeking and justifying a variance from the rear yard requirements. However, noncomplying rear yard buildings already having legal residential occupancy, need not seek and justify a rear yard variance to add another dwelling unit provided all. the other Code provisions requisite for a dwelling unit are met.

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-in-trade 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 schoolan office.

Code Section: 204.1

Subject: Accessory uses

Effective Date: 4/2/87

Interpretation:

This Section regulates accessory uses for dwellings in R and NC Districts. Incidental accessory uses in apartment buildings in medium and high density residential districts do not require direct connection with a particular dwelling unit as long as they serve an individual or individuals residing in the building and are not open to public use. Section 204 which provides general regulations for accessory uses requires accessory uses to be on the same lot but does not say they must adjoin the specific use or unit to which they are accessory.

Code Section: 204.1

Subject: Accessory use in a dwelling

Effective Date: 3/88

Interpretation:

This Section regulates accessory uses for dwellings in R and NC Districts. A homeowner occupied one-half of his duplex. He wanted to remodel the lower unit removing several walls to create a large room which he would use as a music rehearsal studio. Other rooms, including a bedroom and kitchen would remain on this lower floor. He wanted to be able to do this without losing the nonconforming two-unit status of the building. The rehearsal activity contemplated would be "a discrete use separable from the normal activities of domestic living" and, as such would be allowed only as an accessory use. Therefore, the studio space would have to be incorporated into the unit in which the user lives and not occupy more than ¼ of that unit's floor area.

Code Section: 204.1

Subject: Office as accessory to group housing

Effective Date: 8/88

Interpretation:

This Section, together with Section 204 regulates accessory uses for dwellings in R and NC Districts. Section 204 states that an accessory use must be on the same lot as the use served. Except as pre-established nonconforming uses, offices are allowed in residential districts only as accessory to a permitted use. The only kind of office that can be allowed as accessory to group housing is that which serves only the lawful inhabitants of the lot. It cannot serve members of the group or organization who live elsewhere. Accessory uses authorized under this Section may not employ anyone who does not live in the housing except for persons concerned in the operation or maintenance of the dwelling unit. In cases where an accessory office

provides services to the residents which services are one of the chief purposes for the group housing facility, such office employees may be considered to be persons concerned in the operation of the housing and therefore may be employed in an accessory office without being resident.

Code Section: 204.1

Subject: Recreation use as accessory to dwelling

Effective Date: 9/89

Interpretation:

A use that is accessory to a dwelling can be placed within a legally noncomplying separate structure in a rear yard (in this case, a recreation room without bathroom plumbing for a fourplex.)

Code Section: 204.1

Subject: Recreation building accessory to residence

Effective Date: 2/91

Interpretation:

In the case where a duplex legally existed at the rear of the lot and a garage was proposed for the buildable area of the lot, a second story of the garage could house a recreation room for use by residents of the dwellings on this lot without such room being considered a dwelling provided no plumbing is introduced to this accessory building. This arrangement would not violate the "contiguity" requirement of the NCIC but would require an NSR.

Code Section: 204.1

Subject: Church as residential accessory

Effective Date: 10/94

Interpretation:

A gathering of persons in a dwelling for formal religious observances is an accessory use to a dwelling if it does not violate any other Code provision, the most relevant of which are this Section, Section 204 and Article 6 (including but not limited to the ¼-of-floor-area limit and the sign restrictions) except that any group or gathering claiming a tax-exempt status as a church also shall be considered a church and not an accessory use for purposes of the Planning Code. This does not preclude members of a church already treated as such under the Planning Code from having incidental or concomitant meetings in residences.

Code Section: 204.1

Subject: Accessory business in R and NC, stock in trade

Effective Date: 6/95

Interpretation:

This Section allows some nonresidential activity as accessory to a dwelling in residential or Neighborhood Commercial Districts provided the activity complies with certain limitations. One of the limitations prohibits the maintenance of a stock in trade. A very literal application of the term "stock in trade" was thought to be too restrictive as it could preclude even a writer's manuscript, a programmer's software, a telecommuter's office production or hobby craft maintained for sale. The purpose of the restriction is to maintain the character of the residential and NC Districts. It was thought that a stock in trade should be allowed if the appearances and activities necessary to maintain it were not distinguishable from those normally associated with a residential area. The following are examples of the kind of material that should not be considered "stock in trade" pursuant to this Section.

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.

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.

Clocks and other antique furniture held for possible future sale by an antique dealer who uses them at home in the meantime, provided prospective buyers do not come to the residence for the sole purpose of shopping.

This interpretation deals with just one of the limitations imposed upon residential accessory business by this Section. There are other limitations in the Section. Generally, any residential accessory business activity needs to meet the test of being indistinguishable from those normally associated with a residential area. Therefore, excessive volume and frequency of noise accompanying a residential accessory business would not be allowed. No delivery of residential accessory business material could be with a truck exceeding ¾-ton nor could deliveries by any means be frequent.

Code Section: 204.1

Subject: Residential accessory uses, "professional person"

Effective Date: 1/96

Interpretation:

This Section disallows a business as an accessory use in a dwelling unit in an R or NC District which would be open to the public except for the maintenance within a dwelling unit of the office of a professional person who resides therein. Before 1978, the Code defined a "professional person" as, "a person legally qualified to practice dentistry, medicine, psychiatry, chiropractic, law, architecture or engineering." The 1978 Code dropped this definition, the definition, "any person engaged in an occupation that requires licensing by the State" was considered. However, over time, more occupations had licenses or certificates associated with them. It became difficult to ascertain for which ones a license was required to be practiced legally or for which ones a license or certificate constituted simply a trade endorsement. It was noted that the purpose of the Planning Code professional exemption was not to afford some occupations greater respect but to recognize that specific occupations had been traditionally practiced in San Francisco homes before zoning and had gained some legal merit for continuing in this manner. Therefore, the exemption shall be applied to those occupations which were thought to have been traditionally practiced in the dwelling of the practitioner because that is what the law traditionally allowed.

The following determinations have been made on this basis:

1995:The practice of acupuncture is allowed as one discipline within medicine.

1/96:The practice of electrolysis is NOT allowed. No evidence was submitted to indicate that this activity would clearly fall within the practice of medicine or whether it has traditionally required a license for legal practice.

Code Section: 204.1

Subject: Office accessory to apartment building

Effective Date: 4/96

Interpretation:

This Section governs activities that are accessory to dwellings in R or NC Districts. It prohibits the employment of any person not resident in the dwelling unit, other than a domestic servant, gardener, janitor or other person concerned in the operation or maintenance of the dwelling unit. It also prohibits the addition of a building manager's unit, unless such unit meets all the normal requirements of the Code for dwelling units. Therefore, one dwelling unit in an apartment building can be used by a nonresident manager who does not use the premises for the management of units off the site and if the unit retains all the features required by the Code for dwellings that it had as a dwelling unit.

Code Section: 204.1(h)

Subject: Accessory Uses for Dwellings in R Districts

Effective Date: 05/03/05

Interpretation:

Section 204.1 allows professionals such as Doctors to operate out of their home.

"SEC. 204.1. ACCESSORY USES FOR DWELLINGS IN R OR NC DISTRICTS.

No use shall be permitted as an accessory use to a dwelling unit in any R or NC District which involves or requires any of the following: ...(h) The conduct of a business office open to the public. Provided, however, that Subsection (h) of this Section shall not exclude the maintenance within a dwelling unit of the office of a professional person who resides therein, if accessible only from within the dwelling unit; and provided, further..."

Home-based massage therapy is a medical service provided by a professional and shall be allowed out of the home as such.

Code Section: 204.2

Subject: ABC license for club in R District

Effective Date: 4/89

Interpretation:

An unrestricted ABC license (which requires premises to be open to the public and to sell off sale) was allowed for a bar as an accessory to the University Club (an NCU) as long as the accessory use has no signs or advertising announcing the bar to the public so the change would not increase activity.

Code Section: 204.2

Subject: Housing as accessory to a church in R District

Effective Date: 10/95

Interpretation:

Housing provided by a church in an R District for guests of the church can be allowed as an accessory use to the church if it met the provisions of Sections 204 and 204.2. The fee structure, if any, would have to be consistent with the lodgers being guests of the church. (One provision of Section 204.2 prohibits a separate profit-making activity.) Lodging would not meet the incidental criteria of Section 204 unless it is sporadic and involves few lodgers. The number of lodgers allowed is the same as the number of lodgers that are allowed by the definition of "family." The length of stay would have to be limited to less than one month. Housing for longer periods, such as the parish house or group housing contemplated by Section 209.2(b) must conform to the density, rear yard, usable open space or off-street parking and all other Code requirements for such housing.

Code Section: 204.2

Subject: Child care accessory to church

Effective Date: 01/2002

Interpretation:

Section 209.3(f) requires conditional use approval for a child-care facility providing care to 13 or more children. Child-care provided within a church in an R District for 13 or more children would still require conditional use approval even if it satisfied the requirements of Section 204.2 for accessory uses.

Code Section: 204.3

Subject: Bar as accessory to a restaurant

Effective Date: 8/87

Interpretation:

This Section regulates uses accessory to other uses in C and M Districts. Normally, a bar is a principal permitted use in all C and M Districts; however, there may be times, if restricted by moratoria, a special use district or prior conditions of approval, when they might be allowed only as an accessory use. A bar cannot be considered to be accessory to a restaurant unless it is only a service bar for the table server and there is no lounge seating.

Code Section: 204.3

Subject: Accessory use not on same lot

Effective Date: 8/88

Interpretation:

This Section, together with Section 204 regulates accessory uses in C and M Districts. A church is legally existing in a South of Market District where churches are permitted but offices are not. The church wanted to lease an adjoining lot under separate ownership for multiple function rooms including counseling and child day care and for church offices. The offices could not be allowed except as accessory to the church. Section 204 requires an accessory use to be on the same lot as the primary use and not occupy more than 25 percent of the floor area of the entire use. The two lots, being under separate ownership, could not be merged into one. The proposal could be approved if the drawings showed the office space as constituting no more than 25 percent of the floor area of the church complex and if the church filed a notice of special restriction on the records for the site acknowledging that the offices are to be accessory to the church only and not thereafter converted to general office space.

Code Section: 204.3

Subject: Clothing assembly as accessory use

Effective Date: 4/90

Interpretation:

This states that one of the activities prohibited for an accessory use is the "production of goods not intended primarily for retail sale or use on the premises." However, a large manufacturer of clothing having its administrative and design offices in the C-2 District (which district does not allow clothing manufacturing) could also assemble clothing samples on its site for analysis by its designers provided the other accessory use provisions were met. Although the articles were not for sale or for "retail use" on the premises, they were for use on the premisescondition that qualifies the assembly as an accessory use. In the quoted phrase, the word "retail" modifies only the word "sale," not the word "use."

Code Section: 204.3(a)

Subject: Restaurant as accessory use

Effective Date: 8/91

Interpretation:

In a district where a restaurant is not a permitted use, a coffee shop is accessory to a motel if not readily accessible by or advertised to the public and if it meets the provisions of this Section. As an accessory use, the coffee shop's floor area would be considered to be space of the primary use and governed by the rules that apply to that primary use.

Code Section: 204.4

Subject: Dwellings as accessory use, parking and density

Effective Date: 6/86

Interpretation:

This Section allows dwellings as accessory to other uses. It does not indicate what rules should apply to them. A residence that is accessory to another use need not provide the open areas normally required for a residence. However, it must conform to the parking and density provisions. There must be parking spaces equal to the number of residential units on the lot or parking spaces according to that required for the primary use whichever is the greater amount. One need not provide the amount of parking required for both the accessory residential use and the primary use.

Code Section: 204.4

Subject: Live/work space, as accessory to other use

Effective Date: 11/87

Interpretation:

This Section allows a dwelling unit accessory to an artist studio or to other uses as living space for a manager or caretaker. Such living space must conform to this Section and to the parking and density standards for dwelling units in their zoning district but need not conform to the open area standards for dwelling units.

Code Section: 204.5

Subject:

Effective Date:

Interpretation:

See "Auto repair, mobile 10/93" in the Interpretations - Alphabetical

Code Section: 204.5

Subject: Accessory tow truck parking

Effective Date: 4/89

Interpretation:

There could be no more than one tow truck as an accessory to a service station.

Code Section: 204.5

Subject: Parking accessory to C-3 office buildings

Effective Date: 5/89

Interpretation:

No parking is required for nonresidential uses in the C-3 District. Furthermore, the Commission wants to control the amount of accessory parking in downtown office buildings through its review and approval powers. In a memo dated 5/4/89, the Director of Planning announced that henceforth, the parking approvals will reference the amount of floor area that can be devoted to parking rather than the number of parking stalls that can be provided.

Code Section: 204.5

Subject: Parking as an accessory use

Effective Date: 7/89

Interpretation:

This Section limits the amount of parking that can be considered to be accessory to the principal use which it serves. However, additional required parking is considered accessory when required by the City Planning Commission as a condition of approval. As such, it is exempt from being included in the definition of gross floor area.

Code Section: 204.5

Subject: Parking and loading as accessory uses

Effective Date: 9/97

Interpretation:

This Section establishes what is considered accessory parking for a structure, lot or development: three spaces where one space is required; four spaces where two are required; and 150 percent of the required number of spaces where three or more spaces are required. If the parking provisions exceed the amount specified as the limit for accessory parking, no conditional use (Section 157) or variance is required when the additional parking provided may be defined as a community parking garage (Section 890.8) or lot (Sections 790.10 and 890.7) and is principally permitted in the subject district.

Code Section: 204.5(a), (c)

Subject: Accessory parking limits

Effective Date: 6/90

Interpretation:

This Section states that accessory parking stalls must be on the same lot as the use served and limits the number of stalls for a single-family dwelling to three. There were three lots under separate ownership each containing a single-family dwelling and sharing a common driveway running across each lot. It was noted that the accessory stalls could legally be eliminated while the required stalls could not. While the REQUIRED parking for each unit had to be on the same lot as the unit served, the total number of parking stalls allowed as an ACCESSORY use for each of the houses could be located on that portion of the common driveway situated on one of the lots without a conditional use for a community parking facility even though this would exceed the number of parking stalls permitted as an accessory use on a single lot. Such arrangement, however, would have to be clarified for the record by a Notice of Special Restriction placed on the property containing the extra parking.

Code Section: 205.2(a)

Subject: Gas station detox equipment

Effective Date: 10/91

Interpretation:

Groundwater detoxification monitoring equipment placed on the ground in the open and surrounded by a fence is comparable to the temporary uses allowed under this Section and therefore can be authorized under the procedures found therein. For purposes of this Section, this applies also to the NC Districts.

Code Section: 206.6(e) and 415A.5

Subject: State Density Bonus Projects and Planning Commission Approvals

Effective Date: 09/24

Interpretation:

Ordinance No. 187-23 became effective on October 15, 2023. Among other things, it added Section 415A et seq. to the Planning Code, which provides an administrative path for certain previously approved projects to reduce their inclusionary housing obligations. Pursuant to Section 415A.5 and Planning Commission Resolution No. 21353, the Planning Commission delegated authority to the Planning Director to administratively amend certain conditions of approval related to inclusionary housing obligations for eligible projects. Projects that propose a “significant modification,” however, would continue to require a Planning Commission hearing per Section 415A.5.(a) to approve the modified project.

g Commission Resolution No. 21353, the Planning Commission delegated authority to the Planning Director to administratively amend certain conditions of approval related to inclusionary housing obligations for eligible projects. Projects that propose a “significant modification,” however, would continue to require a Planning Commission hearing per Section 415A.5.(a) to approve the modified project.

Ordinance No. 248-23 subsequently became effective on January 14, 2024. Among other things, it amended Section 206.6(e) to exempt most Individually Requested State Density Bonus projects from Planning Commission approvals that would otherwise be required, with some caveats.

This interpretation addresses whether a “Pipeline Project” per Section 415A.2 that proposes a “significant modification” pursuant to Section 415A.5(a), but is also an Independently Requested State Density Bonus project that does not otherwise require any Planning Commission hearing per Section 206.6(e), would require a Planning Commission hearing to approve the modified project and amend the conditions of approval.

It’s important to note that a new development application does not necessarily represent a new “project.” In certain instances, an existing “project” may need a new application merely because the project requires an additional approval, or because it is using an alternative approval option currently available under the Planning Code or State law. Even though the requirements for the new application may differ, the underlying project is still the same. As such, an Individually Requested State Density Bonus project that 1) qualifies as a Pipeline Project pursuant to Section 415A.2, 2) qualifies for administrative approval pursuant to Planning Code Section 206.6(e), and 3) does not change to the extent that it becomes a new project, may be approved pursuant to Section 206.6(e) without a Planning Commission hearing, and any previous Planning Commission approval for such project will be superseded with no need to amend any prior conditions of approval. Additionally, any such prior Planning Commission approval will continue to qualify the project for any applicable grandfathering provision of the Planning Code or State law (e.g., Pipeline Project status, impact fee triggers and rates, etc.).

Code Section: 207.1

Subject: Dwelling unit density, mixed use

Effective Date: 12/91

Interpretation:

This Section sets forth rules for calculating dwelling unit density. This Section does not indicate whether that portion of the lot on which nonresidential uses exist counts as lot area when calculating density. Since those sections which indicate density (207.4, 207.5, 208, 209.1, 215) simply state that the density shall be one dwelling unit per stated number of square feet of lot area, it has never been the policy to discount that lot area occupied by nonresidential use. Therefore, nonresidential uses present on a lot are to be ignored when calculating the dwelling unit density for that lot.

Code Section: 207.1(c)(5)

Subject: Dormer Additions for Local Program ADUs

Effective Date: 09/24

Interpretation:

This section prohibits Local Program ADU projects from including a vertical addition, with certain exceptions. The question was raised if adding dormers to the attic level of an existing building to make it habitable for a new ADU is considered a vertical addition. The determination was made that such dormers would not be considered a vertical addition for this purpose so long as they fully complied with the area limit for dormers above the height limit found in Section 260(b), which is no more than 30% of the horizontal roof area. It’s important to note that this specific threshold for defining a vertical addition applies even if the proposed dormers are not above the height limit.

Code Section: 207.1(c)(5)

Subject: ADUs Restricted to Permitted Buildable Area

Effective Date: 09/24

Interpretation:

This section requires Local Program ADUs to be within the permitted buildable area or within the built envelope of a legally existing building. For example, a variance cannot be granted to construct an addition into the required rear yard to add a Local Program ADU. The question was raised if this prohibition would also apply to a rear stair structure associated with or otherwise required by the new ADU (i.e., a second means of egress, etc.). The determination was made that this buildable area limitation only applies to the ADU itself, and therefore a variance may be granted for other features that extend beyond the unit itself, such as decks and stairs. Additionally, a variance may be granted for other applicable Planning Code requirements, such as the exposure requirements of Section 140, so long as the ADU itself is within the permitted buildable area.

Code Section: 207.1(e)

Subject: Density rules

Effective Date: 2/86

Interpretation:

This Subsection states, "Where a lot is divided by a use district boundary line, the dwelling unit density limit for each district shall be applied to the portion of the lot in that district, and none of the dwelling units attributable to the district permitting the greater density shall be located in the district permitting the lesser density." This implies that the dwelling units attributable to the district permitting the lesser density may be located in the district permitting the greater density. Logic would indicate the same. Therefore, when a property zoned for multiple dwellings is joined with the vacated half of a street zoned RH-1, which half could be recorded as a legal lot and developed with a single-family dwelling, the development on the enlarged lot could have an additional unit credited from the RH-1 property without that unit actually being built upon the RH-1 property. This also avoids, without rezoning, the creation of potentially incompatible uses.

Code Section: 207.1(e)

Subject: Density rules

Effective Date:

Interpretation:

See Interpretation 134 for a different application of split zoning rules

Code Section: 207.1(e)

Subject: Dwelling unit density on split-zoned lot

Effective Date: 6/90

Interpretation:

This Section states that when a lot is divided by different zoning districts, "of the dwelling units attributable to the district permitting the greater density shall be located in the district permitting the lesser density." Four lots were under single ownership; three were zoned C-3-G (which allows one unit per 125 square feet of lot area) and one was zoned RC-4 (which allows one unit per 200 square feet of lot area). The owner wanted to develop the combined parcel residentially but place most of the building on the lot zoned RC-4. It appeared that this Section might completely discount the presence of the C-3-G lots if the building were built on the RC-4 portion of the site. It was noted that this dilemma would not exist if the C-3-G lots were down zoned to RC-4. The purpose of the provision was to disallow apartment buildings on portions of lots zoned for houses. In this case, both zoning districts would allow the same style of building with the height and bulk determined by different controls than the land use district. Therefore, the entire site could be counted with the same density ratio as that of the lot with the lower density. The term "attributable" in this Section refers to the incremental difference in density between the two districts.

Code Section: 207.3(e)(2)

Subject: Expansion of Legalized Dwelling Units Over Permitted Density

Effective Date: 03/23

Interpretation:

See Interpretation 181(c)(2)

Code Section: 207.4(b), 209.1(m), 151, 135(d)

Subject: Exemptions, mentally handicapped

Effective Date: 9/02

Interpretation:

Sections 207.4(b), 209(m), 151, 135(d). Exemptions applying to persons with physical handicaps shall apply to persons with mental handicaps.

This supersedes a 1992 Interpretation on Section 209(m) that stated, because persons with physical handicaps had difficulty finding housing with suitable design features, there needed to be a financial incentive to build such housing, but because persons with mental handicaps did not need special design features, no such incentive is necessary.

Mental disability shall be included with physical disability in the definition of the term "disability" or "handicap" in the Planning Code, in order to bring the Code into conformance with current state and federal anti-discrimination laws.

The open space and parking reductions described in Section 135(d)(3) and Table 151 of the Code shall also be available to projects designed for and occupied by senior citizens or physically (or mentally) handicapped persons in Neighborhood Commercial Districts (pursuant to Section 207.4(b)) as well as projects in Residential Districts (pursuant to 209.1(m)).

Code Section: 208

Subject: Group housing density when combined with apartments

Effective Date: 7/88

Interpretation:

See Interpretation 209.2

Code Section: 208

Subject: 9/86

Effective Date: Group housing density

Interpretation:

In light of California Supreme Court decision and a City Attorney's opinion regarding the inability for laws to control the number of persons living as a family, the question arose regarding whether the density of group housing could be controlled by the Planning Code. The distinction between group housing and a family was made to the effect that if one pays for a specific room, it is group housing; if one pays into a general pool for the house, one may be part of the definition of "family." This distinction is further elaborated upon in the interpretations under "102above.

Code Section: 209.1

Subject: Dwelling unit density, mixed use

Effective Date: 12/91

Interpretation:

See Interpretation 207.1

Code Section: 209.1

Subject: Regular dwellings versus group housing

Effective Date: 8/95

Interpretation:

A group of persons in need of daily medical care but able to live alone without constant attention wanted to be housed in a legal three-unit building. This situation was treated as the occupancy of regular dwellings versus group housing because the situation conformed to the requirements and limitations of regular dwellings. There were no more than five unrelated persons in any unit; each unit retained its own kitchen, bedrooms and living rooms; parking and yard area requirements for dwellings were observed; and no signage or commercial or institutional activity took place except the visits of medical care personnel which did not require State licensing.

Code Section: 209.1

Subject: Multi-unit residential building on three lots in RH-1 District

Effective Date: 9/95

Interpretation:

This Section states that the RH-1 District would allow one dwelling unit per lot or one dwelling unit per 3,000 square feet of lot area with a conditional use. One unit in a two-unit residential building which covered portions of three legal RH-1 lots totaling about 4,000 square feet was illegal. The Planning Code would allow three units on this site without conditional use if it were vacant, since it consists of three legal lots. The General Plan encourages the retention of existing housing. Therefore, the second, illegal unit in this situation could be legalized without a conditional use authorization.

Code Section: 209.1(m)

Subject: "Senior citizens" defined

Effective Date: 11/85

Interpretation:

This Subsection allows a density bonus for housing specifically designed for and occupied by senior citizens. Federal and State guidelines are used in defining "senior citizens" or "elderly" for both subsidized and nonsubsidized housing.

Code Section: 209.1(m)

Subject: Use table, dwelling

Effective Date: 2/86

Interpretation:

Section 209.1 describes the density of dwellings allowed as principal permitted or conditional uses in residential districts. This subsection states that dwellings specifically designed for and occupied by senior citizens or physically handicapped persons may have double the density otherwise allowed for the district. The kinds and densities of dwellings allowed in other districts are described elsewhere in the Planning Code. Some of these places refer to the densities of the nearest R District. Some of these places state a specific density limit that corresponds with certain residential districts and yet are silent on the subject of double density. To not allow double density in nonresidential districts under the same circumstances as allowed by this subsection would make some nonresidential districts more restrictive than the residential district to which they are intended to correspond. Therefore, this double density for elderly and handicapped units in R Districts also applies to nonresidential districts.

Code Section: 209.1(m)

Subject: Elderly/handicapped density in a planned unit development

Effective Date: 2/88

Interpretation:

This Subsection states that dwellings specifically designed for and occupied by senior citizens or physically handicapped persons may have double the density otherwise allowed for the district. Subsection 304(d), which provides criteria for the approval of Planned Unit Developments states that they "be limited in dwelling unit density to less than the density that would be allowed by Article 2 of this Code for a district permitting a greater density." Article 2 contains this subsection with its double density provision. Therefore, the double density allowed by this paragraph can be awarded on top of the extra density that could be allowed by the Planning Commission through the Planned Unit Development procedures.

Code Section: 209.1(m)

Subject: Double density, senior and handicapped

Effective Date: 8/89

Interpretation:

This Section allows double density for housing that is designed for and actually occupied by senior or handicapped persons. Such double density can be allowed only for that portion of the development so occupied. Split use is not permitted by State case law. The California Supreme Court has found that discriminating according to age for housing occupancy can be constitutional only when the entire building is so restricted.

Code Section: 209.1(m)

Subject: Double density for elderly or handicapped

Effective Date: 12/89

Interpretation:

This Section says that when providing elderly or handicapped housing, one can build, "a density ratio or number of dwelling units not exceeding twice the number of dwelling units otherwise permitted[emphasis added]. The wording may seem to give an option of using the density ratio that is twice the RATIO otherwise permitted or of using the NUMBER of units otherwise permitted. In some occasions, using a doubled ratio would give a different result than simply computing the number of units using the normal ratio for that district and then doubling that number. One should always simply double the number of units calculated using the normal ratio for the district because this would be more restrictive.

Code Section: 209.1(m)

Subject: Exemptions, mentally handicapped

Effective Date: 9/02

Interpretation:

See Interpretation 207.4(b)

Code Section: 209.2

Subject:

Effective Date:

Interpretation:

See also "Family" and "Dwelling unit" under Interpretation 102 and in the Interpretations - Alphabetical

Code Section: 209.2

Subject: Group housing, combined with apartments

Effective Date: 7/88

Interpretation:

This Section allows group housing in most residential districts, either as a principal permitted or conditional use. Group housing could be located on the same lot with apartments. In fact, Section 207.1(b) states, "where dwelling units and group housing are combined, the maximum permitted density for dwelling units and for group housing shall be prorated to the total lot area according to the quantities of these two uses that are combined on the lot." In other words, the density requirements for both uses apply so that there needs to be enough lot area not counted for the apartment density to allow that number of group housing bedrooms (per Table 208) and there needs to be enough lot area not counted for the group housing density to allow that number of apartments (per Section 209.1).

Code Section: 209.2

Subject: Residential occupancy without kitchens, use category

Effective Date: 4/89

Interpretation:

The following use categories apply to a space that does not have a kitchen. If tenure is less than 31 days, it is a tourist hotel under the Residential Hotel Ordinance but would still be group housing or "roomers" under the Planning Code if tenure is more than one week. If tenure is less than weekly, it also is a tourist hotel under the Planning Code. If there is a predominant practice of greater-than-weekly occupancy, even with the option of nightly tenure, it is group housing.

Code Section: 209.2(a)

Subject: Group housing

Effective Date: 2/88

Interpretation:

This Section allows boardinghouses as group housing in most residential districts, either as a principal permitted or conditional use. A facility like the Ronald McDonald House where children stay with their parents while undergoing outpatient medical treatment is "group housing, boarding" if tenancy is a week or more at a time. A shorter tenancy is allowed only in a hotel.

Code Section: 209.2(a)

Subject: Emergency shelter, where permitted

Effective Date: 4/89

Interpretation:

There was a proposal to operate a shelter on an RM-1 lot. No treatment would be provided but about five resident staff would offer shelter and counseling for 10 to 20 people on a longterm basis (one month or more) and for about 20 people on a short-term basis (night-to-night). The short-term housing would be considered to be hotel use and therefore not permitted in a residential district.

Code Section: 209.2(a)

Subject: Group housing versus residential care

Effective Date: 12/89

Interpretation:

In a letter to the Liberty Hill Neighborhood Association dated December 1, 1989, Robert Passmore reaffirmed the distinction between group housing and residential care (which is not as widely permitted as group housing). The letter pointed out that group facilities operated by personnel who are not REQUIRED to have a State Department of Health and Welfare license for care providers are normally group housing and not residential care facilities for which the language of Sections 209.3(a) and (b) states requires such license.

Code Section: 209.2(a)

Subject: Group housing, single unit

Effective Date: 7/92

Interpretation:

This Section allows group housing without individual cooking facilities in certain zoning districts. In the situation where two dwelling units existed over a store, the owner wanted to create another space where someone could live. The existing situation was under the density allowance but there was no possibility of creating more parking, rear yard or usable open space. Where group housing is allowed and within the density and other applicable provisions, a single room or suite of rooms containing no kitchen with 31 or more days tenure is a lone group housing unit. Group housing need not consist of more than one such unit in a building.

Code Section: 209.2(a)

Subject: Group housing with limited cooking facilities

Effective Date: 10/05

Interpretation:

This Section allows group housing without individual cooking facilities in most residential districts, either as a principally permitted or conditional use. Recent Department practice via Zoning Administrator determination letters has been to allow limited kitchen facilities in hotel rooms or suites in tourist hotels with stays of less than 32 consecutive days. These determinations were based on the proviso that the purpose of including kitchens is not to create dwelling units for permanent residency but to provide hotel guests the option of making their own meals. Likewise, the purpose of including limited kitchen facilities in group housing is not to create dwelling units for permanent residency, but to provide group housing residents the option of preparing their own meals. In the South of Market mixed use districts, single room occupancy units are allowed small kitchens. To that end, group housing units are allowed to have limited kitchen facilities with the following specifications: a small counter space, a small under-counter refrigerator, a small sink, a microwave, and a small two-ring burner. Such limited kitchen facility shall not include any other type of oven, as that would constitute a full kitchen.

Code Section: 209.2(d)

Subject: Temporary shelters, where permitted

Effective Date:

Interpretation:

See Interpretation 216(b)

Code Section: 209.3

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 209.3(d)

Subject: Philanthropic facility

Effective Date: 12/87

Interpretation:

Temporary shelters are not included in this category. See Interpretation 216(b) below.

Code Section: 209.3(e)

Subject: Child care, with separate dwelling

Effective Date: 7/90

Interpretation:

This Section says that a child care facility for fewer than 13 children is a permitted use in any zoning district. Generally, multiple permitted uses on a single lot are not precluded by the code. Therefore, a separate portion of a house could be rented out as a dwelling while another portion of the house contains a child care facility operated by people who do not live there. The child care facility and the dwelling are two separate principal uses and neither needs be accessory to the other. Further, the child care facility can have its own kitchen without its being considered a separate dwelling unit. Unless it met all the requirements for another dwelling unit, a kitchen in the child care facility would require a Notice of Special Restriction to clarify that the kitchen would be for the care facility only.

Code Section: 209.3(f)

Subject: Child care in RH Districts, removal of kitchen

Effective Date: 6/92

Interpretation:

This Subsection states that child care for more than 12 children is a conditional use in the RH, RM and RC Districts. The Planning Commission has a policy of discretionary review for the removal of dwelling units under most circumstances. Since a conditional use from the Planning Commission would be required for such child care facility anyway, that removal of the kitchen could be reviewed under that procedure instead of calendaring a separate D.R. case.

Code Section: 209.3(g)

Subject: Nonprofit school for children with special needs

Effective Date: 2/70

Interpretation:

A facility which provides an educational program for children with special needs from kindergarten age through eight years old, but which does not function as part of the school district and does not satisfy the requirements of the compulsory education laws, will be classified the same as a regular elementary school per this paragraph for purposes of determining where the use is allowed. Proof of nonprofit and compulsory education aspects can be established bycopies of Articles of Incorporation of the school, a letter from the U.S. Treasury Department and a transfer of pupil statement.

Code Section: 209.3(h), (i)

Subject: Art school, where permitted

Effective Date: 1/86

Interpretation:

This Subsection allows either public or private secondary or postsecondary schools in residential districts as conditional uses provided they are not primarily an industrial arts school. A nonprofit art school which does not qualify under the State compulsory education act is allowed as a conditional use in R Districts the same as other schools provided this is not an

industrial arts school. The alternative would be to treat private schools as a commercial business but, since this one is nonprofit, these subsections would allow the use even though private.

Code Section: 209.3(j)

Subject:

Effective Date: 10/94

Interpretation:

See also Interpretation 204.1 Church as residential accessory

Code Section: 209.5(a)

Subject: Private soccer field

Effective Date: 12/91

Interpretation:

In the case where a private school proposed to build a soccer field for the use of their students, such facility would be subject to this Section (which requires a conditional use) rather than Section 209.5(b) (which is a permitted use).

Code Section: 209.6(a)

Subject: Public Use

Effective Date: 08/09

Interpretation:

Article 2, Section 209.6(a) describes a public facility as a public structure or use of a nonindustrial character, when in conformity with the General Plan. This section does not further expound on the nature of such public facilities or uses, although public use is further described in other parts of the Code, that were amended after Section 209.6(a) and provide guidance in interpreting the section. Articles 7 & 8 (Sections 790.80 and 890.80) describe a public use as a publicly or privately owned use which provides public services to the community, whether conducted within a building or on an open lot, and which has operating requirements which necessitate the location within the district. Both Articles 7 and 8 also provide some examples of public uses (i.e. museums, libraries, post offices, etc.) Therefore, in drawing from more specific definitions of public use from other parts of the Planning Code and to provide specificity to public use as mentioned in Article 2, the explicit definitions of public use as provided in Articles 7 and 8 shall apply to Section 209.6(a), including the fact that it may be publicly or privately owned.

Code Section: 209.7

Subject: Parking lots in R Districts: When CU required

Effective Date: 4/65

Interpretation:

This Section allows as a conditional use in RH, RM, and RC Districts, nonaccessory parking in a "community garage." Section 204.5 allows parking in residential districts only as an accessory use which needs to be on the same lot as the principal use. Therefore, parking on the same lot as the use it serves, or on a separate lot immediately adjacent to this lot, will normally not require a conditional use although merger of the lots may be required for this parking to be permitted as an accessory use. Parking under other circumstances such as parking separated from the use it serves by other lots or by streets or alleys will require a conditional use. Parking not on the lot served which is not required parking shall always be considered as a community parking facility requiring a conditional use.

Code Section: 209.7

Subject: Use table, vehicle storage

Effective Date: 1/86

Interpretation:

This Section allows a community garage in an R District as a conditional use. Parking provided pursuant to Section 159 (parking provided off site) does not require a conditional use pursuant to this Section IF the parking provided per Section 159 is REQUIRED parking. (Any parking provided per Section 159 is, by definition, required parking.)

Code Section: 209.7(b)

Subject: Access driveway to parking on other lot

Effective Date: 10/91

Interpretation:

This Section says that an access driveway across a residential lot to serve a lot with a less restrictive zoning is a conditional use in the more restrictive R Districts and a permitted use in the less restrictive R Districts. This Section conspicuously fails to include such access to serve a lot in the SAME zoning district. To conclude therefore, that access to a lot with the same zoning is simply disallowed would be to more strictly limit a less intensive use than the use described by this Section. Therefore, vehicular access serving a lot in the same zoning district is a permitted use in all residential districts.

Code Section: 209.8

Subject: Commercial uses in RC Districts

Effective Date: 8/89

Interpretation:

This Section allows commercial uses in RC Districts by referencing uses allowed in the C-2 District. Uses allowed in the C-2 District are required by Section 212(a) to be within an enclosed building. Therefore, commercial uses allowed by this Section in RC Districts must be located within an enclosed building.

Code Section: 209.8

Subject: Commercial uses in RC Districts

Effective Date: 4/96

Interpretation:

A prior determination on this section show below is hereby revoked:

Interpretation:

This Section allows commercial uses which are principal permitted uses in the C-1 or C-2 Districts to be allowed in the RC Districts either as a permitted or conditional use, depending upon the floor level. This regulation has existed since before the Neighborhood Commercial regulations were adopted. Because the C-1 and C-2 Districts allow some uses that would not be allowed in the Neighborhood Commercial Districts, the RC Districts (which are residential districts) are less restrictive than the Neighborhood Commercial Districts. To alleviate this incongruity, the commercial uses allowed in the RC Districts should be those principal uses allowed on the ground floor of the nearest NC District, measured as prescribed for determining dwelling unit density in C and M Districts by Section 215(a). Therefore, any proposal that does not conform to this method may be reviewed under discretionary review."

ial Districts. To alleviate this_ incongruity, the commercial uses allowed in the RC Districts should be those principal uses allowed on the ground floor of the nearest NC District, measured as prescribed for determining dwelling unit density in C and M Districts by Section 215(a). Therefore, any proposal that does not conform to this method may be reviewed under discretionary review."

As explained in the interpretation, it was thought that it would be inappropriate for RC districts, which are Residential districts under the Code, to be more permissive than nearby or adjacent Neighborhood Commercial districts. However, in implementing this rule it has come to the Department's attention that certain high density RC districts would be subject to restrictions that are contrary to well established land use patterns in those areas. For example, the Van Ness Avenue corridor, for much of its length, and the North of Market Special Use District (NOMRSUD) are nearest to the Polk Neighborhood Commercial District (NCD). For reasons unique to the Polk NCD, all restaurants, i.e. small and large self-service and fullservice, are prohibited. Imposing the "nearest NCD" rule for RC districts would mean that no new restaurants are permitted along Van Ness Avenue or the NOMRSUD and also that all existing restaurant would become non-conforming. The Zoning Administrator has determined that such restrictions would be excessive and inconsistent with the character and patterns of those districts. Therefore, the interpretation of 4/96 ruling that the controls of the nearest NCD should control use in RC districts is hereby revoked. Commercial uses allowed in RC districts shall be those allowed as principal uses in C-2 districts as provided in Sections 209.8 (c) and (d) of the Code. (Note, there are no extant RC-1 districts so the provisions of 209.8 (a) and (b) relying on C-1 district controls is moot).

This interpretation also supersedes several interpretations that cite the original interpretation of 4/96, specifically: Section 209.8 (c) "Uses allowed in RC-4 Districts effective 4/88 modified 12/97; 209.8, "Drive-in establishments in RC Districts, effective 5/96; and 607.3(c)(4)(C), "Van Ness Special Sign District, projecting signs," effective 10/97.

Code Section: 209.8

Subject: Drive-in establishments in RC Districts

Effective Date: 5/96

Interpretation:

This Section allows certain commercial uses under certain conditions in the RC Districts but not "establishments designed primarily for customers arriving at that establishment by private motor vehicle." The intent of such prohibition was to prohibit "drive-in" or "drive-up" type uses, not auto repair uses to which people arrive by but drop off the auto. Therefore, this prohibition does not extend to an auto repair or service which could be permitted in RC Districts if allowed in the nearest NC District. See Interpretation 209.8 Commercial uses in RC Districts 4/96 for reference to nearest NC District.

Code Section: 209.8(c)

Subject: Uses allowed in the RC-4 District

Effective Date: 4/88...Modified 12/97

Interpretation:

This Section states that uses "permitted as a principal use in a C-2 District" are principal permitted uses in an RC-4 District on or below the ground floor. It was reaffirmed that the term "principal" refers only to those uses indicated by the symbol "P" in the use charts as an "as of right" use. It includes neither conditional uses nor accessory uses of the C-2 District. Subsequent to Interpretation 209.8 Commercial uses in RC Districts 4/96, this interpretation shall pertain to the nearest NC District, not principal uses in a C-2 District.

Code Section: 212(a)

Subject:

Effective Date:

Interpretation:

See "Building, meaning for `enclosed building rule' /96" in the Interpretations - Alphabetical

Code Section: 212(a)

Subject: Open uses, C-3 Districts

Effective Date: 3/88

Interpretation:

This Section prohibits open uses in the C-1 and C-2 Districts whether they be principal or accessory. By implication, therefore, uses can be open in the C-3 Districts. However, open sales are first allowed as a principal use by Section 225(i) in the C-M, M-1 and M-2 Districts. Therefore, open sales would be allowed in the C-3 District only as an accessory use to a conforming principal use on the lot.

Code Section: 212(a)

Subject: Open uses, pushcart

Effective Date: 5/88

Interpretation:

This Section requires that in C-1 and C-2 Districts, all uses be conducted within an enclosed building. An exception may be made in the case of a pushcart when it is part of a commercial complex (such as Ghirardelli Square or Pier 39) and is shielded from view from any public right-of-way. (See also Interpretation 240.2(e).)

Code Section: 212(e)

Subject: C-3 residential conversion/

demolition

Effective Date: 5/90

Interpretation:

This Section requires a conditional use authorization to demolish a residential use or convert it to nonresidential use in a C-3 District. In the case where two residential hotel units were converted to a communal kitchen, storage and building mechanical space, there had been no conversion to nonresidential use since these uses were accessory to the residential use. Note: This interpretation may not apply to Section 803.5(b) which is worded differently.

Code Section: 215

Subject: Dwelling on split-zoned lot, use of industrial portion

Effective Date: 4/64

Interpretation:

This Section allows dwelling units in the C-M through M-2 Districts only with a conditional use authorization. In the case where a portion of a lot is in one of these industrial districts, a dwelling may not occupy such portion of the lot without a conditional use authorization, but such portion may nevertheless be used to satisfy rear yard and open space requirements for a dwelling constructed on the residential portion.

Code Section: 215(a)

Subject: Dwelling double density in non-R Districts

Effective Date:

Interpretation:

See Interpretation 209.1(m)

Code Section: 215 - 227

Subject: Nonresidential use table, distancing requirement

Effective Date: 3/96

Interpretation:

Numerous subsections in the nonresidential use table require distancing the use from the nearest R District. Sometimes the boundary line of a zoning district is along the center of a street right-of-way, in which case the required distance shall be measured to the nearest residentially zoned property outside a street right-of-way.

In cases where multiple uses occupy a single lot, this distance shall be measured from where the use itself is located on the lot. The location of a use shall be considered to be the entire contiguous property controlled by the operator of the use. Therefore, in the case where a proposed kennel operator owned or leased the entire lot, the distance to the R District was measured from the lot containing the proposed establishment rather from the kennel structures or from any other specific establishment structure or function. If they had controlled only a portion of the lot, the distance would be measured from that point.

Code Section: 216

Subject: Other housing in nonresidential districts

Effective Date:

Interpretation:

See Interpretation 209.2

Code Section: 216(b)

Subject: Temporary shelters, where permitted

Effective Date: 12/87

Interpretation:

Except in the South of Market Districts, temporary shelters for the homeless are analogous to tourist hotels and are allowed as permitted or conditional uses in the same districts under the same terms as tourist hotels. Since temporary shelters are specifically mentioned in the South of Market controls, they are not treated the same as tourist hotels there.

Code Section: 218

Subject:

Effective Date: 3/97

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 218

Subject: "Personal services," uses included

Effective Date: 11/86

Interpretation:

A health spa, steam room, bathhouse, aerobics and nautilus exercise gyms are included in the "personal services" designation rather than in the "recreation building" designation.

Code Section: 218.1

Subject:

Effective Date:

Interpretation:

See "204 Massage as accessory to other personal service 3/97" in the Interpretations - Alphabetical

Code Section: 221(a)

Subject:

Effective Date:

Interpretation:

See "Sex clubs, where permitted 3/97" in the Interpretations - Alphabetical

Code Section: 221(e)

Subject: Recreation building, uses included

Effective Date: 11/86

Interpretation:

Tennis, racquetball and squash courts as well as nonprofit gyms like YMCA are included in this Section. See also, Interpretation 218.

Code Section: 221(k)

Subject:

Effective Date:

Interpretation:

See "Sex clubs, where permitted 3/97" in the Interpretations - Alphabetical

Code Section: 221(k)(i)

Subject: Adult videos as adult bookstore

Effective Date: 2/97

Interpretation:

This Section controls adult entertainment. One of the uses that constitute adult entertainment is an adult bookstore which is defined by Police Code Section 791(a) as "an establishment having 25 percent or more of its total inventory or product lines books, magazines or periodicals...[having certain characteristics]." This definition will include a store, 25 percent or more of whose inventory consisted of videos whose content consist of the same characteristics as described for books. It was thought that the legislative intent was to control the content rather than the delivery media.

Code Section: 222(h)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 223(f)

Subject: Outdoor work at service stations

Effective Date: 1/67

Interpretation:

This Subsection describes a service station with limited service and repair functions included in the description if they are normally conducted entirely within an enclosed building. The word "normally" in connection with the indoor servicing requirement is intended to permit occasional installation of auto accessories (such as lamp globes and windshield wiper blades) outdoors.

Code Section: 223(f)

Subject:

Effective Date:

Interpretation:

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

Code Section: 223(f), (g), (h)

Subject: Auto repair in RC Districts

Effective Date: 8/89

Interpretation:

See Interpretation 209.8 Commercial uses in RC Districts

Code Section: 223(g)

Subject:

Effective Date:

Interpretation:

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

Code Section: 223(h)

Subject:

Effective Date:

Interpretation:

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

Code Section: 223(h), (i)

Subject: Automobile repair

Effective Date: 1/88

Interpretation:

These subsections describe where automobile repair is allowed in the C and M Districts. The dictionary definition of "automobiles" may include motorcycles; therefore, motorcycle repair is treated the same as automobile repair.

Code Section: 223(i)

Subject:

Effective Date:

Interpretation:

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

Code Section: 223(l)

Subject: Towing operation, parking lot

Effective Date: 4/88

Interpretation:

This Subsection describes where an open parking lot is allowed in the C and M Districts. A towing operation can qualify under this Section as a parking lot if there is no storage of inoperable vehicles except those which are temporarily inoperable awaiting repair within 48 hours.

Code Section: 223(q), (r), (u), (v)

Subject: Parcel delivery service, truck storage and truck terminal

Effective Date: 1988

Interpretation:

These Subsections describe where the above uses are allowed in the C and M Districts. A question arose as to the distinction between these categories. A truck terminal could have dispatching and transfer activities while a truck storage use could not. A truck terminal could handle wholesale goods while parcel delivery would handle primarily retail or personal goods.

Code Section: 223(t)

Subject: Private lot for impounding cars

Effective Date: 12/87

Interpretation:

This Subsection describes where a storage garage for commercial passenger vehicles and light delivery trucks is allowed in the C and M Districts. This Section includes a private lot for storing private, "trespassing" automobiles towed from private parking lots.

Code Section: 223(u)

Subject: Storage of commercial vehicles

Effective Date: 1/86

Interpretation:

This Subsection describes where a storage yard for commercial passenger vehicles or trucks is allowed as a conditional use in the C-3-S District and as a permitted use in the C-M and M1 and M-2 Districts when surrounded by a wall or concealing fence not less than six feet high. Storage in an open yard of large cargo containers which in turn are used to store recreation equipment and vehicles is considered to be a use covered by Section 223(u) with the same concealment conditions. This is slightly more restrictive than a wholesale storage use which is a permitted use in the C-3-S through M-2 Districts.

Code Section: 224(c)

Subject: Cat boarding, where permitted

Effective Date: 10/91

Interpretation:

This Section states that a commercial kennel, "dogs are boarded for compensationis first permitted in the C-M District. The question arose as to whether an establishment for boarding cats would fall within the commercial kennel category. It was noted that the description specifically mentioned dogs and only dogs. It was assumed that a commercial kennel was listed as a separate use rather than under general service category because they are sometimes outdoor uses and because of the more apparent smells and noise of dogs. Therefore a retail use which is primarily boarding of cats indoors is a general retail service.

Code Section: 225

Subject:

Effective Date:

Interpretation:

See Interpretation 305(a) Variance, when quantity is part of definition circa 1960's

Code Section: 225(c), (d)

Subject: Storage of inflammables

Effective Date: 4/71

Interpretation:

Underground storage of inflammables is not prohibited by the limitation on warehouses in Section 225(c) so long as the installation is approved by the Fire Department.

Code Section: 226(a)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 226(b)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 226(c)

Subject: Coffee roasting as light food processing

Effective Date:

Interpretation:

See "Coffee roasting" in the Interpretations - Alphabetical

Code Section: 226(d)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 226(d)

Subject: Fish cleaning, where permitted

Effective Date: 1/88

Interpretation:

Outside of the Northern Waterfront Special Use Districts, fish cleaning in the form of cooking to remove bones from shark parts plus cutting and packaging the deboned meat for wholesale is an M-1 use under Section 226(d) (light industrial use not appearing below) rather than an M-2 use under Section 226(s) (live storage, killing and cleaning of poultry, etc.) and rather than under Section 226(w)(2). It is not closely analogous to subparagraph (s) since it does not involve live storage and it is not closely analogous to (w)(2) since it does not produce the same odors as does curing, smoking or drying fish.

Code Section: 226(h)

Subject: Marble cutting permitted

Effective Date: 2/87

Interpretation:

This Section lists a number of uses that are allowed in the M-1 and M-2 Districts if conducted indoors. It shall include a business that cuts marble to size or specification of the customer from rough slabs. The "stone or monument yard" per Section 225(m) does not allow cutting but Section 227(n) allows stone cutting with enclosure within a building.

Code Section: 226(r)

Subject:

Effective Date:

Interpretation:

See "Poultry, storage and sale of, killing of" in the Interpretations - Alphabetical

Code Section: 226(r)

Subject:

Effective Date:

Interpretation:

See "Live fish, sale, storage and/or killing of 8/96" in the Interpretations - Alphabetical

Code Section: 227(f)(2)

Subject: Heliports

Effective Date: 1/67

Interpretation:

This Paragraph describes where landing facilities for aircraft are permitted. Heliports are included as a "landing facility for aircraft."

Code Section: 227(h)

Subject: Wireless transmission facility

Effective Date: 4/70

Interpretation:

This Subsection describes where commercial wireless transmitting facilities are permitted. Studios for broadcasting and recording radio and television programs are regarded as offices, and NOT as a transmission facility under this subsection. An antenna on the studio building would be subject to this Section, however.

Code Section: 227(i)

Subject: Commercial wireless transmitting, receiving or relay facility

Effective Date: 11/97

Interpretation:

This Section requires conditional use authorization for all antennae that exceed the height limit or roof line of the building on the premises by more than 25 feet, whichever is less. The intent of this legislation was to protect view corridors that could be blocked by large rooftop antennae, such as satellite dishes etc. This legislation was not intended to apply to antennae that do not increase the height or bulk of buildings, such as flush-mounted antennae. Therefore, flush-mounted antennae 25 feet above the height limit applicable to the subject site, but not exceeding the height of the noncomplying structure to which they are attached, do not require conditional use authorization.

Code Section: 227(p)

Subject: Living and working in C or M Districts

Effective Date: 8/91

Interpretation:

Under the Planning Code, the essential difference between live/work units and dwelling units is the fact that live/work units are not subject to the same open area and parking requirements. In a planned unit development, these requirements are subject to modification anyway. Therefore, the work activity in units of a PUD where occupants both live and work need not be limited to arts activities since the units can be considered to be dwelling units and other activities permitted in that zoning district are allowed in dwellings. (See "Residential unit, other uses within 3/91" in the Interpretations - Alphabetical). Furthermore, in these districts, one can have a regular conditional use for dwellings meeting dwelling unit standards plus whatever work activity is allowed in that district. Neither of the above examples are actual live/work according to the Planning Code definition; they are dwelling units.

Code Section: 228.2(a)

Subject: Gas station conversions in redevelopment areas

Effective Date:

Interpretation:

This Subsection states that all conversions of gas stations require a conditional use authorization or permission from the Zoning Administrator. It says, "such authorizations shall be in addition to any other permit or authorization required for a proposed service station conversion under any applicable City, State or federal law or regulation." Regulations of the Planning Code apply to redevelopment areas unless the Planning Commission approves the redevelopment plan and agrees to its sovereignty within the redevelopment area concerning the issues covered by the redevelopment plan. In cases where a redevelopment plan calls for a type of development that could include a gas station, it could be argued that these conversion regulations apply. However, in cases where a redevelopment plan calls for a type of development that clearly would not include the gas station in question, the conversion regulations of the Planning Code would not apply.

The City Attorney has also expressed an opinion that the gas station conversion regulations do not apply to City or Port property.

Code Section: 231

Subject: PDR Replacement using Integrated PDR

Effective Date: 5/09

Interpretation:

To help preserve viable industrial buildings and maintain PDR space and the character of PDR Districts, Section 231 requires that demolished industrial buildings in PDR Districts be replaced by buildings containing a specific minimum amount of new industrial uses. Section 231 was established as part of the Bayview Rezoning Process and does not account for Integrated PDR uses which were created along with the more recent Eastern Neighborhoods Plan. Integrated PDR uses, despite being generally considered industrial, contain less square footage specifically devoted to conventional PDR activities than traditional industrial uses. Accordingly, Integrated PDR will be allowed to satisfy the replacement PDR requirements of Section 231 only in cases where at least twice the square footage of Integrated PDR space is provided relative to what would be required if the replacement space were typical PDR space.

Code Section: 235

Subject: Supremacy of special use districts

Effective Date: 11/86

Interpretation:

This Section contains general provisions for special use districts. A general rule in dealing with the Planning Code has been that the most restrictive provision of the Code applies. This rule derives from the provision in Section 306.7(b) which states that the City may not approve anything that does not conform to both the existing rules and interim controls that have been imposed. Such circumstances are generally the only time when there can be an obvious conflict between provisions of the Planning Code itself. Such conflict does not exist between the underlying zoning district and a special use district because an underlying district governs unless modified by a special use district (SUD). SUDs are intended to modify the provisions of the underlying zoning to the extent and only to the extent stated in the special use district provision. This SUD supremacy rule applies even during the interim effect of a proposed more restrictive regular district for the same property. In that case, the more restrictive regulation does not apply. If a more restrictive SUD were adopted as an interim control for the same property already covered by an SUD, then the more restrictive provisions of each SUD would prevail.

Code Section: 236

Subject: Garment shop in the Chinatown Mixed Use Districts

Effective Date: 12/90

Interpretation:

This Section notes the use districts in which garment shops in the Garment Shop Special Use District would be permitted subject to this Section. The Section fails to mention the Chinatown Mixed Use Districts. However, based upon Sections 810.71, 811.71, and 812.71 with their respective footnotes, light manufacturing, subject to this Section is permitted in the three Chinatown Mixed Use Districts.

Code Section: 240.2(e), 240.3(g)

Subject: Uses not screened from view

Effective Date: 12/74

Interpretation:

These Subsections require conditional use authorizations for uses not screened from view in Northern Waterfront Special Use Districts No. 2 and No. 3. Such requirement does not extend to general advertising signs.

Code Section: 240.2(g)

Subject: Open use screening, Northern Waterfront SUD

Effective Date: 1988

Interpretation:

This Subsection requires all uses in the Northern Waterfront Special Use District to be screened from view from adjacent streets and other public areas but says that an exemption from this screening requirement may be granted through a conditional use authorization. Section 212 requires most uses to be enclosed within a building. The exemption through a conditional use authorized by Section 240.2(g) applies only to the screen requirement of that subsection and cannot be used to grant an exemption from the en-closure requirement of Section 212. An interpretation (212(a) 5/88) allowed pushcarts to be exempt from the enclosure requirement of Section 212 under certain circumstances and the procedure authorized by Subsection 240.2(g) to exempt uses from screening cannot be used to exempt pushcarts from screening because a condition of their being exempt from the enclosure requirement is that they be screened.

Code Section: 240.3

Subject: Bank money depository as principal use

Effective Date: 10/89

Interpretation:

There was a proposal to build a bank vault with offices for accounting clerks in the C-2 District in the Northern Waterfront SUD No. 3. The facility would not be open to the public. This facility would be permitted although not a retail service in the Northern Waterfront SUD No. 3 since it was analogous to wholesale use and the special use district allows wholesale and warehousing.

Code Section: 241

Subject: Dolores Heights

Effective Date: 4/86 & Revised 09/25

Interpretation:

This Section states that the required rear yard shall be 45 percent of the lot depth in the Dolores Heights Special Use District (SUD). The extension permitted by Section 136(c)(25) is not permitted in the Dolores Heights SUD. (This is a fairly long-standing interpretation and is based upon the Zoning Administrator’s understanding of the intent of the legislation.)

Code Section: 241(b)

Subject: Dolores Heights SUD, height limit

Effective Date: 8/90

Interpretation:

This Section states that the maximum height limit in the Dolores Heights SUD shall be 35 feet. Section 261(b)(1)(A) states that the maximum height for the RH-1 Districts shall be 35 feet but that the height limit shall be increased to 40 feet when the rear property line is 20 or more feet higher than the front property line. The Dolores Heights SUD rules have no such exception. The Dolores Heights SUD governs a more limited geographic area than does Section 261(b)(1). Most of the Dolores Heights SUD is zoned RH-1 and constitutes a small percentage of the RH-1 area of the City. Therefore the provisions of Section 241(b) are more specific than those of Section 261(b)(1). A general rule of law is that more specific regulations take precedence over less specific regulations. Therefore, the Dolores Heights height limits override those of Section 261(b)(1) in the Dolores Heights SUD.

Code Section: 242(e)

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

Effective Date: 08/09

Interpretation:

Section 242(e)(1) limits height at the rear of a building on a downsloping lot such that the last eight feet of length cannot exceed 32 feet above grade. This section further limits the obstructions allowed within this height limit. A question arose whether an architectural feature such as a sunshade could be allowed to project over the 32 foot height limit. The height restriction is analogous to the requirement of a chamfer under Planning Code Section 262(c)1. Through interpretation the Zoning Administrator has allowed minor architectural features within this chamfer, since it was not the intent of the Code to impose an architecturally rigid constraint that would restrict minor architectural elements. Furthermore, architectural elements are permitted to project within certain setback areas. Given this precedent, the Zoning Administrator determines that minor architectural features shall be permitted above the 32 foot height limit noted above, and further references the previous interpretation of Code Section 261(c)1 in making this new interpretation. For said features, the obstructions permitted shall be limited to the dimensions of architectural obstructions within setbacks, as noted under Planning Code Section 136(c)3.

Code Section: 242(e)(1)

Subject: Bernal Heights SUD height limits

Effective Date: 5/92

Interpretation:

This Section states, "No portion of a dwellingshall exceed a height of 30 feet except as provided below." The method of height measurement for sloped roofs presented in Section 260(a)(2) would apply to this SUD despite the fact that, unlike other sections dealing with height limits, the language quoted above uses the term, "no portion."

Code Section: 242(e)(2)(C)

Subject: Bernal Heights SUD rear yard averaging

Effective Date: /95

Interpretation:

This Subparagraph states that a building may intrude into the required rear yard to the extent that an adjacent building intrudes provided the intrusion is no wider than half the width of the lot and placed in such a manner that the Zoning Administrator determines provides optimal light and air to the subject and adjacent properties and provided, "the coverage resulting from the intrusion must be offset by other-wise permitted coverage." The offset referred to is an amount of unbuilt area located in the buildable area at the rear of the building which unbuilt area is equal to the area of the intrusion. This subparagraph does not indicate whether the unbuilt area must extend from the ground. Normally, Code provisions apply only to new construction. Therefore, a second-story addition may take advantage of this averaging rule by providing a compensating setback at the rear of the second story even though the legally existing first floor does not provide this compensation.

Code Section: 242(e)(2)(C)(i)

Subject: Bernal Heights, rear yard, lots adjoining vacant lots

Effective Date: 4/94

Interpretation:

This Section allows portions of buildings in the residential districts of the Bernal Heights Special Use District (SUD) to extend to the depth of the deepest adjacent building but only on the half of the subject lot next to the deepest building. The question arose about what rear yard reduction rules apply if the adjacent lot is vacant. In regular residential districts with a 45 percent rear yard requirement, an adjacent vacant lot may be counted in averaging the rear yard on a subject lot. However, the Bernal Heights SUD rear yard reduction language says, "A building may intrude into the required rear yard up to the extent that an adjacent building intrudes." Since the reduction rule is in effect only if there is an actual adjacent building that intrudes into the rear yard, a vacant lot will not allow the subject building to extend further on the half of the lot next to the vacant lot.

Code Section: 242(e)(2)(C)(ii)

Subject: Rear yard requirement in Bernal Heights SUD

Effective Date: 6/92

Interpretation:

This Paragraph should read, "Any part of a front setback exceeding five feet may be applied to the amount required for satisfying the required rear yard requirement." The underlined word does not appear in the legislation but the intent was that it should.

Code Section: 242(e)(4)

Subject: Bernal Heights SUD parking requirement

Effective Date: 8/91

Interpretation:

This Paragraph requires parking in the Bernal Heights Special Use District based upon the amount of "usable floor area" built or added to a building. The definition of "usable floor area" (any floor area with five feet or more clearance ) in Subsection 242(d) includes floor area that may not be considered habitable under the Building Code. Parking will not be required if such floor area is converted to habitable space because this space had already been counted as usable floor area and not added by conversion. If a project also includes the construction of additional floor space or the conversion of floor space formerly having less than five feet clearance, there would be an addition of usable floor area and may be subject to additional parking pursuant to the chart and provisions of this paragraph.

Code Section: 242(e)(4)

Subject: Bernal Heights SUD parking requirement

Effective Date: 11/96

Interpretation:

This Paragraph requires parking in the Bernal Heights Special Use District based upon the amount of usable floor area built or added to a building. There is nothing in this paragraph nor in its superior subsection or section that indicates that the parking provisions apply only to dwellings and not to other uses allowed in the RH Districts. However, from the Zoning Administrator's participation in the discussions leading to the legislation, it is clear that the parking provisions were intended to apply only to dwellings. Therefore, uses other than dwellings in the Bernal Heights Special Use District shall be required to provide parking according to Table 151.

Code Section: 243(c)(4)

Subject: Van Ness Avenue Special Sign District

Effective Date: 8/90

Interpretation:

This Section references the Van Ness Avenue Special Sign District which was not mapped. The legislative intent was to map the sign district to be coterminous with the Van Ness Avenue Special Use District and that will be the way this Section and Section 607.3 will be administered until such time as the legislative oversight can be corrected.

Code Section: 249

Subject:

Effective Date:

Interpretation:

See "Sunset clause, effect on corresponding mapped district 11/96" in the Interpretations - Alphabetical

Code Section: 249.1(b)(4)

Subject: Nonconforming uses in the Rincon Hill SUD

Effective Date: 12/93

Interpretation:

This Paragraph states that the provisions of Section 182(b) shall not apply to nonconforming uses in the Rincon Hill Special Use District. Section 182(b) states that NCUs may be reduced in size, extent or intensity, or changed to a use that is more widely permitted. In the absence of such authorization, an NCU in the Rincon Hill SUD could only continue as the same use (see Interpretation 101.1, Change in use defined /95) or change to a conforming use. Paragraph 249.1(c)(1) discloses the permitted uses for the Rincon Hill Residential Subdistrict and Paragraph 249.1(d) discloses the permitted uses for the Commercial/Industrial Subdistrict.

Code Section: 249.5(c)(4)

Subject: What is "hotel" in North of Market Residential SUD?

Effective Date: 1994

Interpretation:

This Paragraph disallows a hotel in the North of Market Residential Special Use District. A situation that meets the definition of group housing under the Planning Code might be called a "residential hotel" by Administrative Code, Chapter 41, the hotel conversion legislation administered by the Department of Building Inspection and may be on that Department's list of units that must be retained as residential units or on their list of units that could be converted to transient units. Nevertheless, such use would still be treated as group housing in the administration of this Planning Code paragraph and therefore, could not be converted to hotel use whether or not authorized by Administrative Code Chapter 41.

Code Section: 260

Subject: Solar Panels (Energy Systems)

Effective Date: 1/07

Interpretation:

In 2004, the State passed legislation restricting local government review of applications to install solar panels to health and safety requirements. Government Code Section 65850.5(b): "A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install a solar energy system shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety . . ."

the application to install a solar energy system shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety . . ."

Additionally, Government Code Section 65850.5(a) specifically speaks to design review for aesthetic purposes, stating, "It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes . . ."

The definition of "solar energy systems" is found in Civil Code Section 801.5, which state: "'solar energy system' means either of the following: (1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. (2) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating."

Where a project involves more than the installation of a solar energy system or where the installation of the solar energy system would require alterations to the building greater than normally required to install a solar energy system, the City would review the project for more than just health and safety purposes because such work would be beyond the scope of installing a solar energy system.

Thus, under state law, applications to install a solar energy system must be approved administratively after review to determine whether the application meets health and safety standards, even if the solar energy system exceeds the applicable height limit or is on an architecturally significant building, unless there is removal or modification to the building beyond that normally required to install a solar energy system.

Code Section: 260(a)

Subject: Method of height measurement

Effective Date:

Interpretation:

See Interpretation 261(b)(2)

Code Section: 260(a)(2)

Subject: Height limits, measurement

Effective Date: 9/90

Interpretation:

See Interpretation 136(c)(22), (23)

Code Section: 260(a)(2)

Subject: Measurement of curved roof

Effective Date: 2/87

Interpretation:

This Paragraph contains provisions for determining the upper point to which height shall be measured and says that a pitched roof or "similarly sculptured roof form" shall be measured to its midrise. A curved roof is such "similarly sculptured roof form." In the case where the top portion of a curved roof consisted of a skylight, the skylight is discounted because it is a feature that is exempt from the height limit. Rather, the top of the roof was considered to be the highest extent of the roof before the skylight began and the bottom of the roof was measured from where the building form began its upward and inward curve. Since the top 10 feet of a skylight is exempt from the height limit, the lower point of the skylight exemption measurement must be at this midpoint. Therefore, if the building were built to the maximum height limit, the top of the skylight could be no more than 10 feet above this midrise point.

Code Section: 260(a)(2)

Subject: Pitched roof, height measurement

Effective Date: 8/88

Interpretation:

This Section indicates that the height limit of a pitched roof is measured at the midrise of the roof. A roof that is simply a false front, however cannot be considered a pitched roof but rather an ornamental or symbolic feature which is exempt from the height limits only for public or religious buildings. Such building's height would be based upon the actual, weather roof.

Code Section: 260(a)(2)

Subject: Height measurement of pitched roof

Effective Date: 12/90

Interpretation:

This Section states that the height of a pitched roof will be its average height. This has been taken to be the "mid-rise" of the roof. The term is further clarified to be an elevation midway between the ridge and the point where the roof meets the wall rather than midway between the ridge and the eave line. Using the eave line as a reference would discourage roof overhangs.

Code Section: 260(a)(2)

Subject: Measurement of pitched roof

Effective Date: 6/96 (Revised 3/21)

Interpretation:

This Paragraph says that a pitched roof shall be measured to its midrise. This method of measurement could encourage buildings to be built that have higher roofs than would otherwise be designed in order to maximize the floor area and market potential. This could be done by placing habitable floors within the building volume above the eave line using dormer windows, skylights, or windows on walls surrounded by the pitch of the roof. To neutralize this tendency, in cases where habitable floors occupy the area above the eave line, the point that is the minimum legal ceiling height for occupancy per the Building Code shall be used as a guideline to determine the location of the bottom of the roof for purposes of this paragraph. Additionally, any portion of a building that is legally nonconforming as to height may be occupied by a use that is otherwise permitted.

Code Section: 260(b)

Subject: Height exemptions

Effective Date:

Interpretation:

See Interpretations 261(b)(2) and 261(c)(1)

Code Section: 260(b)

Subject: Height limit exception, fill-ins

Effective Date: 7/90

Interpretation:

This Section lists exceptions to the height limit. It does not include the extension of the floor area of a habitable penthouse to the edge of the existing roof overhang of that penthouse. When we have allowed fill-ins under noncomplying rooms protruding into a required rear yard, we have limited such fill-in to the lower 10 feet so that policy does not allow this situation either.

Code Section: 260(b)(1)

Subject: Height Exemptions

Effective Date: 03/23

Interpretation:

This section allows the Zoning Administrator to grant a height exemption for an elevator penthouse for a building with a height limit of more than 65 feet when it’s found that that such an exemption is required to meet state or federal laws or regulations. The building at 655 Montgomery Street extends higher than its height limit and presented a case where an existing Building Maintenance Unit (BMU) needed to be replaced, but state regulations required a larger BMU to safely service the building. Therefore, it was determined that the Zoning Administrator height exemption of Section 260(b)(1) shall be expanded to also include BMUs.

Code Section: 260(b)(1)(A)

Subject: Height limits, measurement

Effective Date: 2/86

Interpretation:

This Provision exempts, to some degree, mechanical equipment including solar panels and similar features from the height limit. Section 188 provides that a noncomplying building may be enlarged only if there is no increase in discrepancy or any new discrepancy. Therefore, solar panels located on a noncomplying roof may exceed the height indicated in this exemption if laying flat on such roof or below the top of parapets which surround by 360 degrees. The parapets will define the outer limits of the noncomplying building's height envelope, so new features screened by them will remain in the envelope and will not constitute an increase in discrepancy.

Code Section: 260(b)(1)(B)

Subject: Stair penthouse exempt from height limit

Effective Date: 10/89

Interpretation:

This Section states that elevator and stair penthouses are exempt from the height limits within certain stated limits. Exempted penthouses shall not include any usable floor area. To be exempt, it can include only the stairs or elevator equipment.

Code Section: 260(b)(1)(B)

Subject: Height limit exceptions, penthouse

Effective Date: 3/90

Interpretation:

This Section allows mechanical and stair penthouses to extend 10 feet over a 65-foot or less height limit or 16 feet over a higher height limit. Height limits are normally measured to the midrise of a sloped roof. The additional height limit of this feature must be measured to the top-most point of the feature rather than to the midrise of its sloping roof.

Code Section: 260(b)(1)(E)

Subject: Bathrooms Above the Height Limit

Effective Date: 3/21

Interpretation:

This Section exempts enclosed space related to the recreational use of the roof not to exceed 16 feet in height. The question arose as to whether a bathroom at the roof level associated either with residential open space or a Privately-Owned 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-ofway that is generally flat and running perpendicular to the subject property line. A question arose in a case where the street/alley is unimproved and sloped in multiple directions. This interpretation clarifies that:

Where the street or alley is unimproved, the base datum for measurement of the 45-degree angle will be taken literally directly opposite of the subject property line, at a distance that corresponds with where the opposite property line begins, but at the same elevation as the point taken from the subject property, as though it were a level, improved right-of-way;
Where a property subject to this provision has a laterally sloping frontage, the base datum measurement shall follow the same provisions for measuring height on laterally sloping lots as described in Section 260(a)(3), except that these provisions will apply even in height districts above 65 feet.

Code Section: 261.1(d)(4)

Subject: Narrow Streets Provisions for Mid-Block Passages

Effective Date: 3/21

Interpretation:

This section contains two slightly conflicting subsections. Subsection (A) applies to passages between 20 and 30 feet wide, and Subsection (B) applies to passages between 30 and 40 feet wide. Because 30 feet is called out in both subsections, the question arose of which subsection applies to a passage that is exactly 30 feet wide.

Relying on the general principle that the more restrictive control applies when there are conflicting provisions, a 30-foot wide passage is subject to the controls of Subsection (A) because it requires a larger setback and at a lower height. The controls of Subsection (B) apply to any passage greater than 30 feet, but no greater than 40 feet in width.

Code Section: 270

Subject: Bulk limits applied to bay windows

Effective Date:

Interpretation:

See Interpretation 136(c)(2), (3)

Code Section: 270

Subject: Bulk measurement, balconies and bays

Effective Date:

Interpretation:

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

Code Section: 270

Subject: Measurement of Bulk and Plan Dimensions

Effective Date: 03/23

Interpretation:

See Interpretation 102 and 270

Code Section: 302(c)

Subject: Reclassification action other than that applied for

Effective Date: 3/70

Interpretation:

Where a certain reclassification is applied for and advertised, the Commission can approve only those alternative reclassifications that were fairly within the scope of what was asked for. For example, if RH-1 to RH-3 is requested, RH-1 to RH-2 can be approved but RH-1 to RH-4 cannot be approved. Rezoning in the reverse direction follows the same rule. If RH-3 to C-2 is requested, RM-4 CANNOT be approved if C-2 would not have permitted as high a density. Such district substitution matters must be considered carefully to determine which alternatives may allow different conditions that could be unfavorable to surrounding properties. Hearing notices should announce the feasible alternative districts and what they would permit.

Code Section: 303(d)

Subject: Abandonment of conditional use

Effective Date: 4/83

Interpretation:

This Subsection states that, unless a time is specified as a condition, any exercise of a conditional use authorization must commence within a reasonable time. Three years was chosen as a reasonable time in the absence of a time specified because this reflected the abandonment period for nonconforming uses under Section 183. However, a building permit for a conditionally permitted use may be approved without another conditional use authorization to replace the same category of use, even though the former use has been gone for more than three years where the applicant has tried diligently to get proper permits to continue the use within the three-year period and was unable to do so due to unusual circumstances. A decision about what constitutes a reasonable time could be appealed to the Board of Appeals on a case-by-case basis.

Code Section: 303(e)

Subject: Modifications of conditions

Effective Date: 8/96

Interpretation:

All conditional use authorizations with a condition of approval that attaches the CU to a particular person, rather than the subject property, and is nontransferable shall be considered valid and transferable with regard to subsequent property owners or otherwise, precluding that all other conditions are still fulfilled. This modification to all CU's that include such a condition shall not be subject to Section 303(e) and/or Section 174 of the Code and therefore, will not be subject to the same procedures as a new conditional use.

Code Section: 303.1

Subject: Formula Retail Thresholds

Effective Date: 07/09 (Moved and Revised 03/23)

Interpretation:

This section of the Code defines formula retail uses as a type of retail activity “along with eleven or more other retail sales establishments located in the United States” that maintains two or more characteristics listed in this section. A question was raised whether it is the eleventh or the twelfth establishment that triggers the formula retail requirement for approval of a Conditional Use Authorization. It was determined that a Conditional Use Authorization is required for the twelfth establishment.

Code Section: 304

Subject: Planned unit developments, elderly housing density

Effective Date: 2/88

Interpretation:

See Interpretation 209.1(m) Elderly /handicapped density in a planned unit development

Code Section: 304(b)

Subject: Nature of PUD site

Effective Date: 12/90

Interpretation:

This Section states that a PUD site must be at least ½ acre in size. A PUD site can be separated by an existing street only if at least one contiguous parcel is ½ acre in size. If a PUD site is thus separated, the area of the entire site can count for calculating the residential density and all these dwelling units could be located on one of the separated portions.

Code Section: 304(b)

Subject: Planned Unit Development, minimum size

Effective Date: 4/95

Interpretation:

This Section states that, to qualify as a PUD, a site must consist of a minimum of ½ acre if it is not in a redevelopment area. The question was whether a parcel under this size limit could be part of a conforming PUD site to which it is not contiguous. On this date, a longstanding undocumented policy was confirmed that all portions of a PUD site must be contiguous to make the size requirement but other parcels may be attached to a conforming PUD site if they would be contiguous to that site save for the intervention of a street.

Code Section: 304(d)(4)

Subject: PUD density limits

Effective Date: 1/87

Interpretation:

It was clarified that the "density that would be allowed ... for a district permitting a greater density" refers to the density that could be allowed by a conditional use authorization for that more intense district. Therefore the density of a PUD in an RH-1 District would be one unit less than one per 1,500 square feet, the potential density of the RH-2 District with a regular (non-PUD) conditional use or double that for elderly/handicapped housing per Section 209.1(m)]. [See also Interpretation 209.1(m) 2/86.]

Code Sections: 304, 606(c)(3)

Subject: Signs for Planned Unit Developments (PUD) in R districts

Effective Date: 12/06

Interpretation:

Section 304 of the Planning Code which authorizes Planned Unit Developments also allows in R Districts, " commercial uses only to the extent that such uses are necessary to serve residents of the immediate vicinity, subject to the limitations for NC-1 Districts under this Code." However, the section is silent regarding the extent of signage permitted for such uses. The Code allows very limited signage for uses permitted in R districts, such as existing nonconforming commercial uses. The Zoning Administrator has determined that it is not consistent with the intent of the code to authorize new commercial uses in residential PUDs as allowed per the NC-1 districts and then severely limit their allowable signage. Since the code allows NC-1 uses in these cases, it was deemed appropriate that the signage limitations of the NC-1 districts also should apply to such uses.

Code Section: 305

Subject:

Effective Date: 9/94

Interpretation:

See Interpretation 134 Rear yard, fill in

Code Section: 305(a)

Subject: Variance, generally not applicable to Article 2 circa 1960's

Effective Date:

Interpretation:

This Subsection states that variances can be granted from quantitative standards of the Code. It goes on to state that no variance may be granted in whole or in part that would permit any use, any height or bulk or any sign not otherwise permitted. Uses, height and bulk are all found in Article 2 of the Code. Therefore, a Zoning Administrator policy has been in effect for decades that made any provision of Article 2 off limits to the variance procedure. However, as special use districts were added to Article 2 which contained the kind of quantitative standards typical of Articles 1, 1.2 and 1.5, these quantitative standards were made subject to the variance procedure as well. Nevertheless, all the provisions of Article 2 other than the quantitative standards of special use districts shall remain beyond the authority of the variance procedures to modify.

Code Section: 305(a)

Subject: Variance, when quantity is part of definition

Effective Date: circa 1960's

Interpretation:

Any quantitative standard that is essentially part of a definition rather than a standard by itself, shall not be variable although it may be associated with a standard that is variable. For example, the minimum area of a parking stall is not variable but the number of off-street parking stalls is. Also, the height of a fence encroaching in a rear yard is not variable but the rear yard requirement is.

A feature may have a quantitative standard that cannot be varied because it is part of the definition of a use. There are a number of uses (especially in Section 225) whose permitted establishment in certain districts is predicated upon their being concealed behind a fence or wall. In the absence of such concealing fence, most of these uses would still be allowed in certain less restrictive districts. This subsection prohibits the granting of a variance which would have an effect substantially equivalent to a reclassification of property, or which would permit any use not expressly permitted by the provisions of the Code. The presence or height of the wall described cannot be varied because it is essentially part of the definition of a use, is a requirement of Article 2 (see Interpretation 305(a) circa 1960's) and the effect of a variance would be to allow a use in certain districts where they would not otherwise be allowed. (See also Interpretation 136(c) 10/88.)

Code Section: 305(a)

Subject: Variance, extent of authorization

Effective Date: 12/64

Interpretation:

This Subsection states that the Zoning Administrator shall have the power to grant variances only to the extent necessary to overcome such practical difficulty or unnecessary hardship as may be established in accordance with the provisions of this Section. Once a variance is granted, there is a period of time during which construction must begin. The question arose as to what happens if the Code requirements change before such construction begins. When a variance is granted, it is granted only for the provisions of the Planning Code specifically covered by the variance. Even though development is 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:

Interpretation:

See "Demolition" in the Interpretations - Alphabetical

(see previous version at pages 854A - 856)

Code Section: 311

Subject: Upper floor voids

Effective Date: 1/07

Interpretation:

Section 311 requires notification for any expansion of a building envelope in RH and RM Districts. There are recognized exemptions from Section 31 notification for fill-ins under existing rooms subject to a total height restriction from grade. There is a common condition (see figure below) where an upper level building space has a roof and is walled in on three sides, typically a balcony. The Zoning Administrator has determined that such fill-ins would not require notice under Section 311 as the building 'envelope' would not expand, i.e. the roof and walls of the building would not extend beyond boundaries set by the existing roof and the walls that now bracket the existing void.

Code Section: 311

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.)

Section 307 of the Planning Code states the Zoning Administrator may "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.

Code Section: 311(b)

Subject: Building permit notification, exemptions

Effective Date: 3/96 (Revised 1/14)

Interpretation:

This Subsection states that the notification requirement of this Section shall apply to those residential building permits to change use or increase the exterior dimension of a residential building in RH and RM Districts except for those features listed in Section 136(c)(1) through 136(c)(24) and 136(c)(26). 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. Since it appeared to be the intention of Section 311 to exempt minor building features from notification, other features that do not increase the "envelope" of a residential building or other minor features may also be exempt from notification though not expressly mentioned as exempt by Section 311. Such features are listed below. These exemptions refer only to the initial notification of a building permit application required by Section 311(b)(2). They do not exempt notification of parties for any public hearing to consider the project. [Note: bold print has no significance other than as an aid in finding the appropriate feature.]

4/96: Since many building features listed in Section 260 are similar to the exemptions of Section 136, certain Section 260 features will also be exempt from the notification requirement. 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 and dormer windows 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.

4/96: Dormers: The exemption applying to dormers was further refined by Zoning Administrator Bulletin 96.2 to state that they may be exempt only 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 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. Dormers which do not meet these criteria require special review by the Department to determine if they can be exempt from notification and to determine whether they can event be approved within the terms of City Design Guidelines.

4/96: "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.

4/96: "General rule" exemption: Anything not visible from any off-site land or structure is exempt from the Section 311 notification except that which constitutes a "change of use" which Section 311 includes in the definition of an "alteration" subject to this Section. See interpretation 101.1(e) 9/93 for when an addition of a dwelling unit constitutes a change of use.

4/96: Exact replacement: The replacement of a legally existing structure with a structure within the same envelope and location as the structure being replaced is exempt if the demolition and reconstruction are included in the same permit or done as part of the same continuing project so that there is no significant time lapse between the demolition and reconstruction. This exemption is justified because the resulting structure would not be more obtrusive than the structure replaced. This exemption is from the Section 311 notification not from other Code requirements. If the replacement feature is noncomplying, surrounding owners will receive notice of the variance hearing.

4/96: Not exact replacement: A stairway conforming to Paragraph 13(c)(14) is exempt from notification by Section 311(b). The exemption will also apply to a replacement stairway that is required by the Building Code for egress, 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. The exemption shall not apply if the replacement stairway includes a fire wall while the replaced stairway was not enclosed, unless the fire wall in its entirety adjoins a blank wall or is no higher than a permitted fence.

f 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. The exemption shall not apply if the replacement stairway includes a fire wall while the replaced stairway was not enclosed, unless the fire wall in its entirety adjoins a blank wall or is no higher than a permitted fence.

10/96: The replacement of a legally existing feature or portion of a building with that of a feature that is the same size or smaller is exempt from the notification requirement provided the replacement structure is within the same footprint and envelope as the feature or portion removed and the removal and replacement are approved at the same time. This exemption is justified because the resulting structure would be less obtrusive than the structure replaced. This exemption is from the Section 311 notification not from other Code requirements. If the replacement feature is noncomplying, surrounding owners will receive notice of the variance hearing.

4/96: Renewal of expired permits: No notice is required to renew a permit or issue 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.

7/96: Deck: This Section defines an alteration in such a way as to exclude all permitted obstructions of Section 136(c) except the 12-foot extension. Therefore, a deck that can only be approved pursuant to Section 136(c)(25) would be subject to the notification requirements of this Section. If the deck could be approved pursuant to any other paragraph of Section 136(c), it would not be subject to the notice requirements of this Section.

Code Section: 311(b)

Subject: Residential permit review procedures for RH and RM Districts; Decks and 311 notification

Effective Date: 4/98; 9/02

Interpretation:

Unenclosed decks and stairs in RH and RM Districts require the notification of neighbors only when:

(1) They encroach into the required rear yard via Section 136(c)(25); or when

(2) They are decks that are supported by columns and walls other than the building wall to which it is attached and are multilevel or more than 10 feet above grade; or when

(3) The Building Code requires a one-hour wall greater than 10 feet in height for the proposed deck and/or stair. [This provision has been modified by policy to apply only to one-hour walls 10 feet or greater to be consistent with the exemption under Section 136 allowing fences of 10 feet or less in rear yards.]

Since the adoption of Section 311, San Francisco's Planning Department has required the notification of all new decks, deck enlargements, and stairs over three feet above grade in buildable areas and required setbacks to neighbors of the subject property. This delay in the permit review process has burdened the applicant and Planning Department with added time and costs. Therefore, the Zoning Administrator has reevaluated the need for noticing decks.

nning Department has required the notification of all new decks, deck enlargements, and stairs over three feet above grade in buildable areas and required setbacks to neighbors of the subject property. This delay in the permit review process has burdened the applicant and Planning Department with added time and costs. Therefore, the Zoning Administrator has reevaluated the need for noticing decks.

Nowhere in Section 311 does it stipulate that decks, as defined by the Planning Code, be noticed.

SECTION 311. RESIDENTIAL PERMIT REVIEW PROCEDURES FOR RH AND RM DISTRICTS.

(b) Applicability. Except as indicated herein, all building permit applications for new construction and alteration of residential buildings in RH and RM Districts shall be subject to the notification and review procedures required by this Section. Subsection 311(e) regarding demolition permits and approval of replacement structures shall apply to all R Districts. For the purposes of this Section, an alteration shall be defined as any change in use of a residential building 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).

A building is defined by Section 102.3 as: BUILDING. Any structure having a roof supported by columns or walls. A structure is defined by Section 102.26 as: STRUCTURE. Anything constructed or erected which requires fixed location on the ground or attachment to something having fixed location on the ground. Therefore, an unenclosed deck and stair does not require notification under Section 311. An unenclosed deck and stair in the subject property's buildable area is a structure not a building and, by definition, does not increase the "exterior dimensions of a residential building." The subsequent addition of walls and/or roof to an existing deck would then require notification under Section 311. Multi-level decks supported by columns or walls other than the building wall to which it is attached would require notification. Multi-level decks which are freely cantilevered and supported only by the building wall to which the deck is attached would not require notification.

Please note: The Building Department considers decks as "horizontal enlargements" and would notify neighbors prior to issuing the building permit. Therefore, those neighbors who object to the construction of a deck may file an appeal with the Board of Appeals within 15 days after the permit has been issued.

Code Section: 311(b)

Subject: Lightwell infills and 311 Notification

Effective Date: 9/02

(Please note: This Interpretation formally authorizes long-standing Department practice and does not constitute a change in policy.)

Interpretation:

For lightwell infills: 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: Applicability of Section 311 to Neighborhood Agriculture

Effective Date: 3/21

Interpretation:

The interpretation of Section 311 issued 11/08 (Amended 06/09) concerns the notification requirement of non-residential uses and their demolition, expansion, or change in occupancy. The interpretation states that it would be inconsistent with the intent of the Planning Code for conforming uses within residential districts to be subject to Section 311 notification while demolishing, expanding, or changing the occupancy of non-residential uses would not require Section 311 notification given that these non-residential uses are typically nonconforming or conditional uses within residential districts. The interpretation states that all changes of use in RH and RM are subject to Section 311 notification.

While Neighborhood Agriculture is a non-residential use, it is principally permitted in all R districts. This is likely due to the minor nature of such use, and its size limitation. As such, it does not follow the same logic of the prior interpretation that such uses are typically a nonconforming or conditional use. Therefore, a change of use to Neighborhood Agriculture is not

subject to Sec. 311 neighborhood notification.

Code Section: 311(b)(2)

Subject: Alteration — Removal of Framing

Effective Date: 3/21

Interpretation:

This subsection states that for the purposes of this section, an alteration is defined as the removal of more than 75% of a residential building’s existing interior wall framing or the removal of more than 75% of the area of the existing framing. In applying this provision, consistent Planning Department practice has been to calculate removal of framing on a linear basis on the floor plans. The question arose about how to handle specific situations where there may be a doorway, window, or pony wall (half height wall). The following describes possible scenarios and whether each constitutes the removal of framing:

If only removing a door, this would not count as removal (because no framing is being removed);
If only removing a door and filing in the opening with a new wall, this would not count as removal (because no framing is being removed);
If removing the door and the door opening is floor to ceiling (i.e., no header above), this would not count as removal (because no framing is being removed);
If removing the door AND header above the door, this would count as removal (because the header constitutes “framing” per Section 311);
If removing a wall to add a door or window, this would count as removal (because the wall constitutes “framing” per Section 311);
If reducing the height of a wall (resulting in a pony wall), this would count as removal (because the wall constitutes “framing” per Section 311);
If moving a wall, this would count as removal (because the wall constitutes “framing” per Section 311).

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

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 defined as 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;
An increase in the actual or measured roof height of the existing building (flat or sloped roof);
Converting an existing building’s sloped roof to a flat roof where the new flat roof would be higher than the midpoint of the sloped roof (i.e., an increase in measured height);
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 Zoning Administrator Bulletin No. 3.

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 beyond those items exempt from height measurement per Section 260(b) (i.e., 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 Codecomplying “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).

rom 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 Code-compliance 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: 311/312

Subject: Notification Requirements

Effective Date: 04/01

Interpretation:

Sections 311 and 312 allow for the elimination of duplicate notices where there is a Conditional Use (CU) or Variance (VZ) hearing. However, Sections 311 and 312 notice occupants within 150 feet of the subject property, while CU's and VZ's only notice owner within 300 feet. In the future, in order for a CU or VZ notice to substitute for a Section 311 or 312 hearing, occupants within a 150 radius of the property must be noticed.

Code Section: 311/312

Subject: Notice for Day Care and Residential Care Facilities

Effective Date: 02/06 (Revised 4/17/2015)

Interpretation:

State Law requires that both family daycare up to 14 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 14 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.

Code Section: 312

Subject: "Pet Day Care for Dogs"

Effective Date: 1/07

Interpretation:

Pet day care for dogs, the daytime care of domestic dogs belonging to persons not residing on the premises, is an emerging land use which has not been contemplated under existing Planning Code provisions. It should be noted, however, that controls relating to "personal" dogs exist in the Health Code and allow a household to maintain three such dogs at any one time. Because no substantial land use distinction between "personal" dogs and dogs belonging to individuals residing off-site is evident, the daytime or overnight care of three or fewer dogs - regardless of animal guardianship - is exempt from regulation under the Planning Code. In contrast, overnight animal boarding on a larger scale is subject to existing "animal kennel" Planning Code regulations. These provisions continue to apply to facilities which (a) offer animal breeding, (b) provide overnight boarding for more than three dogs at any one time, or (c) do not meet either set of restrictions identified below:

- (1) " Neighborhood serving doggie day care facilities " are those which (a) care for no more than 12 dogs at any one time and (b) provide no outdoor activity on site. This grouping maintains land use characteristics similar to animal groomers, which in turn have been classified as retail uses under previous interpretations. Accordingly, these uses are subject to Planning Code "retail" controls and are further subject to neighborhood notification under Code Section 312 in all NC zoning districts regardless of the previous use on the property. Notification is felt to be appropriate given the unique potential externalities of doggie day care that were not contemplated when existing neighborhood notification provisions were crafted.

(2) " District-serving canine day care facilities " are those which contain more than 12 dogs and no more than 5,000 gross square feet. Because of the potential greater size and number of animals cared for, this classification maintains land use characteristics similar to animal hospitals and therefore to be regulated as such.

Code Section: 313.4

Subject: OAHPP, City as "developer"

Effective Date: 3/12/93

Interpretation:

This Section requires the developer of an office building to build housing or pay an in-lieu fee to a housing development fund. Normally, such obligation is passed on to any party that purchases the building before the obligation has been fulfilled. In the case where the City purchased a building with such unfulfilled obligation, the City Attorney ruled that the City is exempt from the OAHPP requirement as a sovereign entity in regard to its own police powers. The Board of Supervisors has demonstrated it knows how to make the City subject to the Planning Code by specifically stating such in regard to various provisions. In the case of the OAHPP provisions, the Board did not so state, thus indicating an intent to exempt the City from this provision.

Code Section: 315

Subject: Section 315 Application to Projects which Represent Additions to Existing Development

Effective Date: 05/08

Interpretation:

Pursuant to Section 315.3(a), this program applies to "housing projects of five or more units where an individual project or a phased project is to be undertake and where the total undertaking comprises a project with five or more units, even if the development is on a separate but adjacent lots." However, there has been some question about how to apply the requirements of the Residential Inclusionary Affordable Housing Program to projects which consist of an existing building which is adding units.

The Inclusionary Affordable Housing Program is intended to mitigate the impacts of the development of new market rate housing on affordable housing demand, per the Residential Nexis published in April 2007 to support the Program. Therefore, the Program is clearly intended to apply to projects involving 5 or more new dwelling units, as stated in the August 22, 2006 Memo summarizing the recent changes of Ordinance Numbers 231-06 and 219-06 to the Inclusionary Affordable Housing Program (see **attached). ** The memo referenced is not set out herein but is available for review in the offices of the City.

Therefore, this Program should be applied to any projects which represent, in sum total, a net addition of five or more units, including multi-phase or multiple lot residential development which will eventually result in five net new units. Existing units which are not part of this phased development should not be subject to this program. This requirement shall be effective immediately.

Code Sections: 315.3 and 315.4

Subject: On-Site Housing Requirement, Calculation of Units for 10% Threshold

Effective Date: 04/06

Interpretation:

These Sections establish the requirement that projects consisting of, or constructing, 10 or more units are subject to an affordability component. The question arose as to how the number of units is calculated to achieve the threshold of "10 or more." A project consisted of two existing units that were to be renovated, and 9 units that were to be newly created for a total of 11 overall units. Neither Code Section indicates whether it is the proposed number of newly created units located on a property, or the overall number of units within a single proposal that triggers the affordability requirement. The situation could arise where (for example) a property contains 7 units but a maximum of 11 were permitted. In order to reduce the burden of providing affordable units on smaller projects where a limited number of newly created units is proposed, those projects proposing 9 or fewer newly created units after June 18, 2001 are not be required to meet the affordability requirement. In addition, neither of the Sections indicates a retroactive consideration for existing units. The question of phasing could arise and will be considered on a case-by-case basis in consultation with the Zoning Administrator.

Code Section: 320(f)

Subject: "Office space" definition for office limit controls

Effective Date: 10/95

Interpretation:

This subsection defines "office space" for the purpose of the office development controls. It states that "office space" shall include the office functions of manufacturing and warehousing businesses. Therefore, the intent was to include in the definition of "office space" even those office functions that meet the limitations for functions accessory to manufacturing and warehousing uses.

Code Section: 350(a)

Subject: Fees, cost of construction

Effective Date: 7/93

Interpretation:

A single-family dwelling and a separate parking structure shared the same wide lot. The proposal was to demolish the garage, subdivide the lot, retain the existing dwelling and build a new dwelling on the portion of the site occupied by the garage. A parking variance was needed for the demolition because the garage served the dwelling that would remain. The variance application fee should be based upon the cost of demolishing the garage because that action could be easily separated from the action of building the new dwelling. Even though the demolition was necessary for the new construction and would not have been proposed without it, the demolition could take place without any subsequent construction.

Code Section: 352

Subject: (Article 3.5A) Fee based upon cost of construction, disputed fee

Effective Date: 11/92

Interpretation:

This Section states that the fee applicable to various applications shall be based upon the cost of construction. The "Intake Module" of the computer Case Tracking System computes the fee based upon square footage entries of the various uses and a table of costs which is updated annually. In cases where the resulting estimated cost of construction and fee is disputed, the Planning Department will accept instead a signed letter from the Department of Building Inspection stating their FINAL estimated cost of construction.

Code Section: 363

Subject: Discretionary review fee

Effective Date: 3/89

Interpretation:

A separate fee and application must be submitted for each building permit application sought to be reviewed.

Code Section: 411A.4(d)

Subject: TSF Calculation Method for Hospitals

Effective Date: 3/21

Interpretation:

The Calculation Method for Hospitals includes a multiplier that is based on the “net increase of licensed inpatient beds created by the proposed Hospital use” and the “total number of existing licensed inpatient beds in the City and County of San Francisco” for the associated licensed hospital operator. This interpretation clarifies three points:

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 subsection of these controls (in 319.4(b)(2), now 419.5(a)(2)). The terms in the Definition section are meant to explain the terms used subsequently within the affiliated Sections, were introduced at the same time, and are not utilized elsewhere in the Planning Code; therefore, it can be considered that the term "total developable area" utilized in the Land Dedication Alternative contained in Section 419.5(a)(2) refers to the definition of "total developable site area" set forth in Section 401(a) (121).

t to explain the terms used subsequently within the affiliated Sections, were introduced at the same time, and are not utilized elsewhere in the Planning Code; therefore, it can be considered that the term "total developable area" utilized in the Land Dedication Alternative contained in Section 419.5(a)(2) refers to the definition of "total developable site area" set forth in Section 401(a) (121).

Regarding which areas would be excluded from the calculation of total developable site area, Planning Code Section 401(a)(121) defines "total developable site area" as "that part of the site that can be feasibly developed as residential development, excluding land already substantially developed, parks, required open spaces, streets, alleys, walkways or other public infrastructure." For purposes of this definition, the term "required" refers to all of the subsequent uses (i.e., open spaces, streets, alleys, walkways, or other public infrastructure). For purposes of this definition, the term "required" also refers to those uses required by the Code or imposed by the Planning Department or Commission as a condition of approval. As such those uses required by Sections 135 (open space), 270.2 (mid-block open space), and other similar sections may be excluded from total developable site area. However, provision of such uses beyond what is required may not be excluded from total developable site area. In addition, any project seeking to utilize the land dedication alternative must presume that the same requirements applied to the land proposed to be maintained by the applicant will apply to the land proposed to be dedicated to the City. The results of this calculation must be reflected in the determination of both the total developable site area, as well as the developable site area of both the land proposed to be maintained by the applicant and proposed land dedication site, as thereby help determine how the applicant is meeting the requirements of Table 419A.4.

Location of Dedicated Land

Section 419.5(a)(2) allows an applicant to dedicate "a portion of the total developable area of the principal site to the City and County of San Francisco for the purpose of constructing units affordable to qualifying households." However, the language is unclear as to whether the dedicated land must be a portion of the principle development site, or if it may be a separate property located within a 1-mile radius of the principle development site as described in Subsection (a)(2)(B). It is the intent of this provision to allow the dedicated land to be located within a 1-mile radius of the principle development site as described in Subsection (a)(2)(B).

Code Section: 602.1

Subject: Area of a spherical sign

Effective Date: 7/89

Interpretation:

This Section states that all faces of a sign shall be included in the area of a sign except where two faces are placed back to back and are at no point more than two feet from one another. In the case of a PROJECTING spherical sign with a diameter exceeding two feet, the area would be the diameter times three since the sign would be seen from only three sides. In the case of a FREESTANDING spherical sign with a diameter exceeding two feet, the area of the sign would be the diameter times four.

Code Section: 602.1(c)

Subject: Area of signs on awnings or marquees

Effective Date: 5/98

Interpretation:

This Section stipulates that the area of any sign on an awning or marquee shall be the total of all signage on all faces of the "structure." Therefore, area limitations set forth in Article 6 for awnings or marquees shall take into consideration the cumulative area of all sides of an awning or marquee. Pursuant to Sections 607.1(f)(1)(D), (2)(D) and (3)(D), signs on awnings and/or marquees shall be permitted only in lieu of projecting signs and their respective area limitations (20, 30, and 40 square feet) shall be per business.

Code Section: 602.7(d)(2)

Subject: 11/88

Effective Date: Electronic signs

Interpretation:

A "message center," an electronic message board with programmed, changeable messages can be permitted under the provisions of general advertising signs or of business signs depending upon the message. Its change of message cycle would be controlled by the provisions of this Section. This means that it cannot have a "running" message unless it is in a location where flashing, etc. signs are allowed.

Code Section: 602.14

Subject: Projecting sign, within lot line

Effective Date: 1/96

Interpretation:

This Section defines "sign projection" as the distance a sign extends beyond the street line or building setback line. A "projecting sign" as such, is not defined. In the case where there is no required setback and the face of proposed signs would be perpendicular to the wall of the building to which they are attached but would NOT extend beyond the street LOT line, such signs will still be considered a projecting sign for purposes of controlling their number, size, height and illumination. Other types of signs in this situation, such as wall signs, window signs and freestanding signs are limited by Article 6 as to number, size, height and illumination even though they may be set back from the property line. Therefore, signs projecting from buildings must also be similarly controlled even when not projecting over the street or setback. The rules for sign projection only apply outward from the street lot line or required setback so the amount of projection from the building behind the street or required setback would be limited only by the SIZE limitation that applies to projecting signs in its zoning district.

Code Section: 602.18

Subject: Definition, sign

Effective Date: 2/86

Interpretation:

Neon tubing outlining architectural details of a building having a number of different tenants is not a sign. The decision is consistent with the fact that the Department of Building Inspection does not require a sign permit for the tubing.

Code Section: 602.18

Subject: Lit awnings as signs

Effective Date: 3/96

Interpretation:

This Section defines signs as, "Any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected or represented on any land or right-of-way, or on the outside of any building or structure including an awning, canopy, marquee or similar appendage, or affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention-arrester, direction, warning, or designation by or of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry. A "sign" is composed of those elements included in the area of the sign as defined in Section 602.1 of this Code, and in addition the supports, uprights and framework of the display." Section 602.1 defines the area of a sign as, "the total of all signage on all faces of the structure. All sign copy on each face shall be computed within one rectangular perimeter formed by extending lines around the extreme limits of writing, representation, or any figure of similar character depicted on the surface of the face of the awning[Underlining added for emphasis.] In the case where awnings consist of translucent material and are backlit, the entire backlit awning shall be considered a sign because light

itself can be considered to be a sign (per the underlining above) and the entire awning that appears thus to glow is in its totality an attention-arrester (per the underlining above). Other standards for defining the limits of a sign include all the "material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed" [Subsection 602.1(a)]. The latter standard was not intended to apply to awnings but only because the phenomenon of backlit, translucent awnings had not occurred at that time. The latter standard was intended to apply to wall signs and projecting signs and backlit, translucent awnings appear the same as projecting, directly illuminated signs.

Code Section: 602.18

Subject: Definition of sign versus artwork

Effective Date: 4/96

Interpretation:

This Section defines a sign as, "any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected or represented on any land or right-of-way, or on the outside of any building or structure including an awning, canopy, marquee or similar appendage, or affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention-arrester, direction, warning, or designation by or of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry." It is not clear whether this language could be said to include artwork on walls, but the intent was not to regulate artwork that does not direct attention in any way to a commodity, product, service, business, profession, enterprise or industry. Therefore, an image projected onto a building or other object or an image displayed on a tethered or stationary airborne device which image contains content that defines a sign, shall be controlled by the zoning district in which or over which the object reflecting or displaying the images is located. Any such display having none of the content that defines a sign, shall not be controlled by the Planning Code.

Code Section: 602.19; 604

Subject: "Signs in Malls"

Effective Date: 1/07

Interpretation:

Article 6 of the Planning Code defines signs in Section 602.19 as, "Any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected or represented on any land or right-of-way, or on the outside of any building or structure including an awning, canopy, marquee or similar appendage, or affixed to the glass on the outside or inside of a window so as to be seen from the outside of the buildings ..." (emphasis added)

Section 604 states that 'a sign' may not be erected reconstructed, replaced etc. without a permit having been duly issued therefore. However, signs entirely within malls, that are not on the outside of the building nor visible from outside of the building, would not constitute a sign as defined in Article 6. Therefore, signs that are erected or placed entirely within a mall and not attached to any external building appendage, nor attached to a window so as to be seen outside of the building, do not require permits under the Planning Code and would not be subject to Planning Department review.

Code Section: 602.21

Subject: Wall sign, thickness of

Effective Date: 12/95

Interpretation:

This Section states that a wall sign may not project more than the thickness of the sign cabinet. The sign cabinet could not be thicker than necessary to accommodate the electrical box. This is thought to be no more than one foot. One must show such necessity to provide an electrical box thicker than one foot.

Code Section: 602.23

Subject: Wind sign

Effective Date: 12/00

Interpretation:

A wind sign is defined as follows:

SEC. 602.23.WIND SIGN.

sign composed of two or more banners, flags, or other objects, mounted serially and fastened in such a manner as to move upon being subjected to pressure by wind or breeze. (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 276-98, App. 8/28/98)

There has been some question whether an inflatable balloon sign is considered a wind sign under this ordinance. An inflatable balloon sign is a wind sign, since it is primarily design to move in the wind to attract attention. The balloon itself and the rope or string it is attached to constitute two different objects.

Code Section: 603

Subject: Exempt status of traffic signs in private parking lot

Effective Date: 4/96

Interpretation:

This Section lists signs that are exempt from regulation by the Planning Code and includes, "governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety." The term, "governmental" appears to apply specifically only to signs for "traffic and other regulatory purposes." The remaining signs listed, including street signs, danger signs and those as aids to service or safety do not seem to be limited to those under governmental jurisdiction. Therefore, traffic directional signs in a private parking lot are also exempt from regulation by the Planning Code as aids to service or safety provided they contain no additional message of advertisement or promotion and are no larger than necessary.

Code Section: 604(e)

Subject: Continuation of noncomplying signs

Effective Date: 2/91 & Revised 09/25

Interpretation:

This Section and Section 609 provide for the continuation or amortization of legal, noncomplying signs. It was affirmed that the mere change in use of the establishment with which the sign was associated does not require removal or conformance of a legally noncomplying sign. Further, removing certain segments of copy along with certain portions of the structure holding that copy does not change the legal status of the remaining portion of the sign or of a separate sign associated with the removed portion. (For example, the copy and structure of the sign, “Hotel” could be removed from the facade next to the sign, “Gotham City” without affecting the status of the “Gotham City” sign.)

Code Section: 604(f)

Subject: Change of copy.

Effective Date: 2/98

Interpretation:

This Section states that any change of copy (wording, emblems, etc. shall constitute a new sign, where the mere change of copy on a sign is not frequent and periodic (e.g., a theater marquee advertising new films, shows, concerts, events, etc.). Therefore, any change of copy shall be subject to current Code requirements and be subject to obtain new permits.

Code Section: 604(f))

Subject: Change of copy on a general advertising sign

Effective Date: 2/10

Interpretation:

This interpretation supersedes an interpretation of Section 604(f) from 9/89.

Section 604(f) requires that “in the case of signs the customary use of which does not involve frequent and periodic changes of copy, a change of copy shall in itself constitute a new sign subject to the provisions of this Section 604 if the new copy concerns a different person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry.”

Because of the nature of general advertising and the land use rights conferred in a valid permit for a general advertising sign, changes of copy on a nonconforming general advertising sign, however infrequent, are not subject to the provisions of Section 604.

In addition, while a building permit is required to alter a nonconforming general advertising sign, such permit may be approved so long as (1) those alterations are required in order to change copy and (2) there is no increase in the level of nonconformity.

Therefore, a directly lit general advertising sign containing neon tubing spelling the name of an advertised product may be modified to advertise a wholly different product and convert the sign from direct to indirect illumination.

Code Section: 604(h)

Subject: Alteration of nonconforming billboards

Effective Date: 11/86

Interpretation:

This Subsection prohibits the alteration of a nonconforming billboard. However, Subsection 604(f) states that, “a mere change of copy on a sign the customary use of which involves frequent and periodic changes of copy . . . ” shall not be subject to Planning Code regulations. Therefore, a nonconforming billboard may have its panels removed and replaced only if such removal and replacement is required due to the fact that the sign copy is ordinarily painted directly on the panels themselves.

Code Section: 604(h)

Subject: Nonconforming sign maintenance.

Effective Date: 2/98

Interpretation:

This Section states that a lawfully existing sign, which fails to conform to the provisions in Article 6 (nonconforming) may remain until the end of its normal life. It further states that such sign may not be replaced, altered, reconstructed, relocated, intensified or expanded except in conformity with the provisions of the Code. Maintenance of such sign must occur while it is in place for the sign to retain its nonconforming status. Therefore, a sign cabinet that must be removed from its supporting structure, be it a pole or building, to change the copy or normal maintenance may not be replaced in a manner that does not conform to current Code standards. Even the merger of two identical uses or a takeover of one company by another that wishes to simply change the sign's copy is required to conform to current Code standards.

Code Section: 606(a)(2)

Subject: Flashing, blinking or animated signs

Effective Date: 1993

Interpretation:

This Paragraph prohibits flashing, blinking or otherwise animated signs in residential districts. However, in a case where a marquee conforming to the RC-4 and Van Ness Avenue SUD District regulations was proposed to contain sign copy that would periodically change automatically, the Board of Appeals found that such automatic change of copy does not constitute flashing, blinking or animated copy provided it does not change more frequently than once per hour. (It would be a business sign advertising businesses in Opera Plaza.)

Code Section: 606(b)(2))

Subject: Identifying signs in RC Districts

Effective Date: 9/07

Interpretation:

There has been some question as to the maximum allowable area of identifying signs in RC Districts. While Section 606(b)(2) contains requirements for identifying signs in Residential Districts, it does not address the maximum allowable area for such signs in RC Districts. Section 606(b)(2) allows identifying signs in RH Districts to be a maximum area of 12 square feet if non-illuminated or indirectly illuminated with identifying signs in RM and RED Districts allowed a maximum area of eight square feet if directly illuminated and 20 square feet if nonilluminated or indirectly illuminated. Identifying signs in comparable districts, including all Neighborhood Commercial and Mixed-Use Districts, is similarly regulated with a maximum allowable area of 20 square feet. In order to clarify the regulation of such signs in Residential Districts, the maximum allowable area of identifying signs in RC Districts shall the be consistent with that of the RM and RED Districts, with a maximum area of eight square feet if directly illuminated and 20 square feet if non-illuminated or indirectly illuminated.

Code Section: 606(b)(2)(B)

Subject: Sign size in RM-2 through RM-4 Districts

Effective Date: 3/97

Interpretation:

This Subparagraph regulates the size of a sign in certain residential districts. As currently written, it states that the regulation applies only to the RM-1 and RED Districts. This subparagraph shall also apply to the RM-2, RM-3, and RM-4 Districts. There is no other provision that covers the other RM Districts. An examination of the ordinances that amended this Section revealed that the leading phrase of this subparagraph once stated, "In RM Districts:." The ordinance that added the RED District also added the "-1" to the "RM," eliminating its applicability to the RM-2, RM-3, and RM-4 Districts. That ordinance resulted from a study that did not include the RM Districts nor did that ordinance provide other language covering the other RM Districts. This suggests that elimination of applicability of this subparagraph to the other RM Districts was not intended.

Code Section: 607

Subject: Wall sign, interior lot line

Effective Date: /95

Interpretation:

A previous Interpretation [607.4 12/87] deter-mined that wall signs are not allowed on walls other than those parallel to the street in the NC and North of Market Districts because, in these districts, sign size limitations are tied to the length of street frontage. In districts where there is no limit to the size of wall signs or the limit is not tied to the length of street frontage, wall signs are permitted on interior property line walls and other walls not parallel to the street.

Code Section: 607(b) & 607(g)

Subject: Roof Signs in Industrial and Commercial Districts

Effective Date: 12/09

Interpretation:

Section 607(g) applies to all signs in Commercial and Industrial Districts and restricts (1) height and (2) extension above roofline. Because specific regulations for roof signs are contained in Section 607(b), the question arose as to the applicability of Section 607(g) to roof signs.

Height. Section 607(g) distinguishes signs attached to buildings from freestanding signs. Section 602.2 defines "attached to a building" as "supported, in whole or in part, by a building." Therefore, if a roof sign is supported by a building then it is subject to the height limits for "signs attached to buildings" contained in Section 607(g)(1). Section 602.5 defines "freestanding" as "in no part supported by a building." Similarly, if a roof sign is in no part supported by a building, such as one affixed to an independent structural frame, then it is subject to the height limits for "freestanding signs" contained in Section 607(g)(2).

Extension above roofline. Section 607(g)(1) requires that signs not "extend or be located above the roofline." While Section 607(b) contains exceptions to this requirement, it does not provide relief from the height limits of Section 607(g)(1), which cannot be exceeded "under any circumstance," or the maximum heights set forth under Section 607(g)(2).

Therefore, a roof sign may extend above a roofline so long as it does not exceed a total height of 40 feet in a C-1 District, 100 feet in a C-3 District, or 60 feet in any other C, M, or PDR District.

Code Section: 607(d)

Subject:

Effective Date: 4/96

Interpretation:

See Interpretation 607(i) Electronic sign in NCD

Code Section: 607(i)

Subject: Electronic sign in NCD

Effective Date: 4/96

Interpretation:

This Subsection prohibits in Neighborhood Commercial Districts, except in special sign districts, signs with flashing, blinking, fluctuating or otherwise animated light except for barber poles and the indication of time of day and temperature. The exception for time and temperature may be extended to other messages delivered by a small message board mounted as a window sign which does not have moving or trailing messages but rather messages that are changed with the cycle prescribed by Paragraph 602.7(d)(2).

Code Section: 607.1

Subject: Size of wall signs in NC Districts

Effective Date: /95

Interpretation:

This Section regulates business signs on walls in NC Districts and provides a maximum size keyed to the length of the frontage occupied by the business or use to which the sign is accessory. Since the length of the frontage referenced is that of the business or use rather than of the lot, the wall sign size limit is per business rather than per lot.

Code Section: 607.1, 607.2

Subject: Signs in NC District

Effective Date: 9/91

Interpretation:

These Sections allow wall signs in various Neighborhood Commercial and Mixed Use districts with the size of the sign being based upon the frontage of the use. In cases where a use has more than one frontage but its signage is not proposed to be equally apportioned between or among these frontages, the size of a particular sign may be determined only by the frontage of the wall on which that sign is to be attached. Sign size "credit" cannot be transferred from one frontage to another.

Code Section: 607.1, 607.2

Subject: Wall sign, interior lot line in NC Districts and Mixed Use Districts

Effective Date: 6/02

Interpretation:

Previous interpretations (607, 607.1, 607.2, and 607.4) fail to state explicitly that wall signs are not permitted on walls that abut or are parallel to a side property line in NC and Mixed Use Districts. Because sign size limitations are tied to the length of street frontage occupied by a business or use, wall signs in these districts are permitted only on walls that are parallel to the street. A business may install a sign on a wall other than the front only if the business has more than one street frontage.

Code Section: 607.1(b)

Subject:

Effective Date: 4/96

Interpretation:

See Interpretation 607(i) Electronic sign in NCD

Code Section: 607.1(e)

Subject:

Effective Date: 4/96

Interpretation:

See Interpretation 607(i) Electronic sign in NCD

Code Section: 607.1(f)

Subject:

Effective Date: 4/96

Interpretation:

See Interpretation 607(i) Electronic sign in NCD

Code Section: 607.1(f)(2)(E), (3)(E)

Subject: Illumination of freestanding sign in NCD

Effective Date: 2/91

Interpretation:

This Section says that a freestanding sign may be directly illuminated during working hours only. In the case of a bank having regular banking hours for in-person service but 24-hour automatic teller machines, the freestanding signs can be directly illuminated after actual business hours but not outside the hours of operation range specified as a permitted use for that NC zoning district. Other illumination would be necessary for the ATM after the hours of operation limit (NC feature .27).

Code Section: 607.2(f)(3)(B)

Subject: Alley as "street" for sign area

Effective Date: 9/91

Interpretation:

This Section states that the maximum area of a wall sign is determined by the street frontage of the use. Planning Code Section 102 defines a street as a right-of-way 30 feet or more in width. However, it was not the intent of this Section to make the distinction found in the definition section between an alley and a street. Therefore, a right-of-way less than 30 feet in width can be counted to determine the sign size for a use with a frontage on such right-of-way.

Code Section: 607.3

Subject:

Effective Date: 8/90

Interpretation:

See Interpretation 243(c)(4) Van Ness Avenue Special Sign District

Code Section: 607.3(c)(4)(C)

Subject: Van Ness Special Sign District, projecting signs

Effective Date: 10/97

Interpretation:

The number of projecting signs shall be controlled by the nearest NC District. This interpretation is consistent with Section 243(c) Van Ness Special Use District, controls, where it refers to provisions of an RC-4 District as applicable except as otherwise provided in the Van Ness SUD section. A previous interpretation to Section 209.8 (4/96) requires commercial uses in RC4 Districts to refer to the nearest NC District for principally permitted uses.

Code Section: 607.4

Subject: Signs in North of Market SUD

Effective Date: 12/87

Interpretation:

This Section regulates signs in the North of Market Special Use District and states that wall signs are permitted. It regulates the size of such signs by the following language: "The area of all wall signs shall not exceed three square feet per foot of street frontage occupied by the use measured along the wall to which the signs are attached, [emphasis added] or 150 square feet for each street frontage, whichever is less." In the case where a wall abuts or is parallel to a side property line and not a street, a sign is not permitted. It is clear that the Code contemplates only wall signs parallel to street frontage. Since the Code does not contemplate internal property line signs, they are permitted neither in the North of Market SUD nor in any R District.

Code Section: 703.2(a)

Subject: NCD use categories, fast food restaurant

Effective Date: 5/91

Interpretation:

See Interpretation 703.2(b)(1)(C)(iii)

Code Section: 703.2(a)

Subject: Hours of operation feature (No. .27)

Effective Date: 2/91

Interpretation:

See Interpretation 607.1(f)(2)(E), (3)(E)

Code Section: 703.2(a)

Subject:

Effective Date: 5/90

Interpretation:

See Interpretation 703.2(b)(1)

Code Section: 703.2(a)

Subject: Uses permitted in NCDs

Effective Date: 2/88

Interpretation:

This Subsection lists uses allowed in the Neighborhood Commercial Districts. An auction house is an "other retail sales and services" (No. 40) use as long as all auctions held there are open to the public at large and none are "closed" or "to the trade only" which would be wholesale use.

Code Section: 703.2(a)

Subject: Financial versus business/professional service, NC

Effective Date: /95

Interpretation:

The Zoning Administrator needed to determine whether a commodity trading broker’s place of business was a financial service or a business/professional service because the two uses are treated differently in many NC Districts. In the specific instance, the business would not have counter service. It would be staffed by five to 10 people who would serve customers at their desks. Section 790 defines a financial service as, “a retail use which provides banking services and products to the public, such as banks, savings and loans, and credit unions.” Its definition of a business or professional service includes a real estate broker as well as other services where a relatively few customers are served by employees at their desks. It was noted that a major reason the legislation distinguished between the two uses was the perception that banks have a large customer service capacity with a high transaction turnover. With their vaults and counters, they are also physically different from typical office uses. In these respects, the specific commodity trading broker’s place of business would be more like a general business office than a bank. Therefore, it was determined to be a business or professional service. This use in one particular case needed a conditional use for its district, which CU was granted. Upon appeal, some members of the Board of Supervisors indicated they thought the use was a financial service—A use not permitted in that zoning district and cited this as a reason for overturning the conditional use. The Zoning Administrator, nevertheless, will adhere to the above ZA determination.

Code Section: 703.2(a)

Subject: No. 61 Auto broker's office

Effective Date:

Interpretation:

See Interpretation 712.61

Code Section: 703.2(b)

Subject: Residential conversion limitations

Effective Date: 3/92 (Revised 3/21)

Interpretation:

Conversion of residential use to nonresidential use is controlled in various categories of use districts and is prohibited, conditional, or permitted depending on the zoning district and floor level. It is long-standing policy that converting approximately half of a 1,450 square feet dwelling unit to nonresidential use would constitute residential conversion even though half of the original floor area would remain residential because removing this area of a dwelling unit would normally require reducing the number of bedrooms. The purpose of the limitation was to appropriately preserve living accommodations in the City. Reducing the number of bedrooms in a dwelling reduces the City’s residential capacity from a per capita point of view.

Code Section: 703.2(b)(1)

Subject:

Effective Date:

Interpretation:

See "Building, meaning for `enclosed building rule' /96" in the Interpretations - Alphabetical

Code Section: 703.2(b)(1)

Subject: Retail use in enclosed building in NCD

Effective Date: 5/90

Interpretation:

This Paragraph states that, except as noted, all uses permitted in the NC Districts need to be conducted inside an enclosed building. It was proposed to install in an NC District an automated video "kiosk" consisting of a small building containing vending machinery and a supply of video cassettes. The automatic video rental vending transaction would be conducted under a clear plastic canopy attached to the building and extending out from the roof and downward to the ground with open ends. Such canopy would be considered sufficient enclosure to conform to this Section. If the canopy were not included, the facility would be a "walk-up facility," NCD use category .26 subject to Section 145.2.

Code Section: 703.2(b)(1)(C)

Subject:

Effective Date:

Interpretation:

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

Code Section: 703.2(b)(1)(C)

Subject: Accessory uses, ABC licenses in NC Districts

Effective Date: 1/14

Interpretation:

See Interpretation 204.1

Code Section: 703.2(b)(1)(C)

Subject: ATMs as accessory use in NC Districts

Effective Date: 8/89

Interpretation:

An automatic teller machine is accessory to a financial institution when conforming to this paragraph.

Code Section: 703.2(b)(1)(C)

Subject: "Other entertainment" as accessory use

Effective Date: 8/96

Interpretation:

The "other entertainment" use category cannot be an accessory use. This Subparagraph states that no use shall be considered an accessory use which involves or requires "bar, restaurant, other entertainment, [emphasis supplied] or any retail establishment which serves liquor for consumption on site." However, it is not clear whether the terms, "bar," "restaurant" and "other entertainment" are antecedents to the statement, " . . . any retail establishment which serves liquor for consumption on site." It could be argued that an "other entertainment" use that doesn't serve liquor can be an accessory to a principal use that does serve liquor. In actuality, it would be difficult to ascertain this distinction within a bar. Therefore, "other entertainment" activities must be considered to be a primary use subject to the controls for other entertainment in that zoning district and cannot be an accessory use.

Code Section: 703.2(b)(1)(C)(ii)

Subject: Billiards as an accessory use

Effective Date: 8/98

Interpretation:

This Section allows for a related minor use which is appropriate, incidental and subordinate to the operation or enjoyment of a lawful principal or conditional use, when located on the same lot. This Section further states that no use will be considered accessory which involves or requires any bar, restaurant, other entertainment, or any retail establishment which serves liquor for consumption on-site. Pursuant to Section 790.38, other entertainment includes billiard parlors. One or two pool tables are often appropriate, incidental and subordinate when located in bars and/or restaurants. Therefore, up to two pool tables occupying less than 1/3 of the total occupiable floor area will be considered an accessory use within any lawfully existing bar and/or restaurant.

Code Section: 703.2(b)(1)(C)(iii)

Subject:

Effective Date: 4/97

Interpretation:

See Interpretation 181(a) Nonconforming use, intensification

Code Section: 703.2(b)(1)(C)(iii)

Subject: Deli in grocery store

Effective Date: 5/91

Interpretation:

This Paragraph allows a deli in grocery stores as an accessory use if the deli is limited to 100 square feet in size. In a large supermarket, a deli preparing ready-to-eat food to go which exceeds the size limit for an accessory use will not be considered an accessory use but will be treated like a small self-service restaurant as a principal use if it meets that definition. However, unlike most principal permitted uses, it need not be physically separate from the other principal permitted use (the supermarket) and will not be considered to be an intensification of the supermarket.

Code Section: 703.2(b)(1)(C)(iii)

Subject: Deli as accessory use, no seating allowed

Effective Date: 4/92

Interpretation:

This Provision prohibits as an accessory use, " . . . any take-out food use, as defined in Section 790.122, [emphasis added] except for a take-out food use which occupies 100 square feet or less . . . in a retail grocery or specialty food store." Section 790.122 defines a take-out food use as, " . . . a retail eating or eating and drinking use without seating . . . "[emphasis added]. Therefore, food service with seating cannot be permitted as an accessory use.

Code Section: 703.2(b)(1)(C)(iii)

Subject: Accessory take-out area limit

Effective Date: 2/97

Interpretation:

This Paragraph states that take-out food service can be an accessory use to a retail grocery or specialty food store provided the area for the take-out service is limited to 100 square feet in area. This provision does not prohibit cooking and the offering of freshly cooked food is a normal and desirable feature of take-out service. Therefore, cooking also will be allowed as accessory to a retail grocery or specialty food store provided the area used for cooking is for the purpose of and counted within the same 100 square feet limit allowed for take- out food service. This ruling does not extend to retail coffee shops where cooking is specifically prohibited per Section 790.102(n)(1)(J).

Code Section: 703.2(b)(1)(C)(iv)

Subject: Accessory take-out area limit

Effective Date: 2/97

Interpretation:

This Paragraph states that take-out food service can be an accessory use to a full-service restaurant. Established policy since 3/92 is that, to be accessory, the take-out use must be subject to the same 100 square feet limit as applies to take-out food in grocery stores. The area limit for take-out in grocery stores excludes customer waiting areas and storage, therefore any waiting area will not be considered. Display cases are not the same as storage area which is intended to mean storage of unprepared ingredients and other restaurant material. Therefore, display cases and fixtures used to serve both take-out and full-service customers will be counted toward the 100-square-foot take-out limit. Bathrooms will not be considered as serving take-out customers.

Code Section: 712.61

Subject: Auto broker's office on second floor

Effective Date: 8/90

Interpretation:

This Section allows auto sales or rental only on the ground floor as a conditional use in the NC-3 District. The question was whether an auto broker could have an office on the second floor and be considered an office (NC use category .53). The applicant said that the Department of Motor Vehicles would issue a permit only if at least two vehicles for sale would be located on the site. The presence of display cars would make the use an auto sales or rental use rather than an office use and therefore, would not be allowed on the second floor of the NC-3 District.

Code Section: 790.4

Subject: Amusement game arcade (mechanical amusement devices).

Effective Date: 3/2002

Interpretation:

Section 790.4 of the Planning Code defines an Amusement Game Arcade (Mechanical Amusement Devices) as a retail use, which provides eleven or more amusement game devices such as video games, pinball machines, or other such similar mechanical and electronic amusement devices. This definition was created when the majority of game arcades used large bulky game machines. With advances in technology, the personal computer replaced most of these old arcade machines and allows users a variety of functions, including game playing. With relative ease computers have been connected or networked in retail or commercial spaces for the sole purpose of game playing. This Interpretation adds personal computers to Section 790.4 as an electronic amusement device when the majority purpose of the computers are for game playing. Additionally, money does not need to be deposited directly into the amusement devices for the use to be considered as an Amusement Game Arcade.

Furthermore, Section 790.4 discusses the threshold of eleven or more amusement game devices. This threshold is a combination of all amusement game devices, including personal computers and commercially produced game consoles, among other devices.

In terms of the zoning districts where this use is allowed, Section 790.4 is not listed as one of the permitted or conditional uses in the Neighborhood Commercial District chart, nor is it listed as a permitted or conditional use in Section 703.2. Therefore, when there are eleven or more amusement game devices the use will be defined by Amusement Game Arcade and is NOT permitted in the Neighborhood Commercial Districts. If the use has ten or less amusement game devices, the entertainment use is categorized by Section 790.38 Other Entertainment and in most Neighborhood Commercial Districts will require a Conditional Use.

Code Section: 790.22

Subject: ABC Type-86 (Instructional Tasting) License as an accessory use

Effective Date: 1/14

Interpretation:

An interpretation was made in August 2005 permitting intermittent and/or occasional wine and/or beer tasting as an accessory use to a liquor store. Since that time, ABC has developed a new Type-86 (Instructional Tasting) License which can be issued to businesses which also hold off-sale retail licenses and either (a) contain at least 5,000 square feet or (b) earn at least 75 percent of their total gross sales from the sale of alcoholic beverages. While a Type-86 License is issued to a retail business, it generally requires the participation of a qualified manufacturer or wholesaler. Consistent with the August 2005 interpretation, a Type-86 License can be issued to a grocery store, liquor store or other similar establishment as an accessory use so long as all of the following criteria are met: (1) instructional tasting events take place between 10 a.m. and 9 p.m, (2) instructional tasting events take place in an area at

least temporarily separated from the remainder of the retail space, (3) no more than three tastings of distilled spirits, each no more than one-fourth of one ounce, are provided to any one person per day, (4) no more than three tastings of wine, each no more than one ounce, are provided to any one person per day, and (5) no more than eight ounces of beer are provided to any one per person per day. It was noted that the foregoing conditions reflect ABC policies at the time of this interpretation and may be modified should those policies change.

Code Section: 790.22

Subject: NC definitions – Bar

Effective Date: 11/86

Interpretation:

A wine tasting room as part of retail sales of wine is treated as a bar in the Neighborhood Commercial Districts.

Code Section: 790.22

Subject: Wine and Beer Tasting, Liquor Stores, Bars

Effective Date: 8/05 (Revised 1/14)

Interpretation:

This Section states that within NC Districts, establishments that serve liquor with ABC License Types 42, 47, 49, 61, or 78 are considered "bar" uses. An interpretation rendered in November 1986 had asserted that "a wine tasting room as part of the retail sales of wine is treated as a bar in the Neighborhood Commercial Districts." It was noted that an exception to this interpretation involves cases in which intermittent and/or occasional wine and/or beer tasting is offered. This minor and related activity is analogous to the dispensation of sample-sized portions of food items by many grocers. Much as those grocers are not considered to be restaurant uses, liquor stores which provide incidental wine tastings are not considered to be bar uses, rather such tasting would comprise a permitted accessory use. Any such tasting would (1) occur entirely during regular operating hours only, (2) take place no more than twice each week for no more than four hours each occurrence and on a further occasional appointment-only basis, (3) not occur on a premises on which any type of permit from the Entertainment Commission is held, (4) not occur in an area physically separated from the main liquor store retail area by full-height partitions or partitions that otherwise prevent clear visual access to and from the main retail area and (5) be limited to one ounce servings and three servings per individual customer per day. Should the establishment not adhere to each of these five conditions it would be considered a "bar." It was also noted that conditions 4 and 5, above, reflect ABC and Police Department policies at the time of this interpretation, and may be modified should those regulations change.

Code Section: 790.38

Subject: Acoustic music and poetry reading as other entertainment

Effective Date: 8/96

Interpretation:

This states that "other entertainment" shall include, " . . . live entertainment, including dramatic and musical performances, and/or operates as a dance hall which provides amplified taped music for dancing on the premises, . . . " It is clear that the reference to amplified music is in regard to the aforementioned dance hall and is not intended to exclude acoustic music or other nonamplified performance from the definition. Therefore, in the case where acoustic music and poetry reading was proposed for a bar, this use would be classified as "other entertainment."

Code Section: 790.38

Subject: Entertainment, other.

Effective Date: 3/2002

Interpretation:

Section 790.38 of the Planning Code defines Other Entertainment as a retail use, which provides live entertainment and/or operates as a dance hall with amplified music. Additionally, it includes a bowling alley, billiard parlor, shooting gallery, skating rink and other commercial recreational activity, but excludes amusement game arcades. Amusement game arcades is defined by Section 790.4 of the Planning Code by having eleven or more amusement game devices such as video games, pinball machines, or other such similar mechanical and electronic amusement devices, including personal computers when the majority purpose of the computers are for game playing. With advances in technology, the personal computer replaced most of

these old arcade machines and allows users a variety of functions, including game playing. With relative ease computers have been connected or networked in retail or commercial spaces for the sole purpose of game playing. This interpretation adds personal computers to Section 790.38 as an electronic amusement device when the majority purpose of the computers are for game playing. Additionally, money does not need to be deposited directly into the amusement devices for the use to be considered as Other Entertainment.

Code Section: 790.50(a) or (c)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations-Alphabetical

Code Section: 790.50(d)

Subject: Definition of "religious facility"

Effective Date: 1/91

Interpretation:

This Paragraph states that a religious facility is a use which provides religious "services." In the case where a Christian Science Reading Room in a nonconforming use was proposed to be changed to an office, the term "services" need not be limited to the act of religious ceremony and assembly but also to the more general, land use planning meaning of the term "service." Therefore, the Reading Room is a religious facility which is a less restricted use than an office being first permitted as a conditional use in residential districts while an office is not permitted in a residential district. Therefore, an office is not permitted in this (former) NCU which has been a conditional use since it was changed to a religious facility.

Code Section: 790.70, 890.71

Subject: Outdoor activity area must be accessory

Effective Date: 3/96

Interpretation:

These Sections define "outdoor activity area" for the Neighborhood Commercial and Mixed Use Districts respectively as, "...an area provided for the use or convenience of patrons of a commercial establishment, including, but not limited to, sitting, eating, drinking, dancing, and food-service activities." Such activities are normally associated with uses that must be within enclosed buildings pursuant to Section 703.2(b)(1). Section 703.2(b)(1) acknowledges that some uses allowed in the Neighborhood Commercial District are intrinsically or appropriately outdoor uses but not by virtue of the definition of an outdoor activity area which must be associated with a primary use and not constitute a primary outdoor use by itself.

associated with uses that must be within enclosed buildings pursuant to Section 703.2(b)(1). Section 703.2(b)(1) acknowledges that some uses allowed in the Neighborhood Commercial District are intrinsically or appropriately outdoor uses but not by virtue of the definition of an outdoor activity area which must be associated with a primary use and not constitute a primary outdoor use by itself.

Code Section: 790.80

Subject: NC definitions - Public use

Effective Date: 3/87

Interpretation:

This Section specifically excludes a garage of a public utility from the definition of a "public use." However, a garage can fall under this definition if it is accessory to a public utility's service truck dispatching facility which must be located in this district to allow expeditious servicing.

Code Section: 790.80

Subject: Office as a public use

Effective Date: 6/90

Interpretation:

A proposed office would not be on the same lot as the specific public use with which it was associated and therefore could not be considered accessory to the public use. The office by itself could not be a public use when the main activity and purpose of the associated public use was other than an office activity. In this case, the public use was a museum whose main activity was the display of art objects. In other cases, a public use under this definition could be offices if the main activity of the agency was clerical or if the use served various agencies requiring location within the district.

Code Section: 790.88

Subject: Residential hotels as a residential use

Effective Date: 6/90

Interpretation:

See Interpretation 790.84

Code Section: 790.92

Subject: NC definitions - Restaurant

Effective Date: 12/87

Interpretation:

When a restaurant holding an ABC No. 41 license applies for an ABC No. 47 license, the operation is considered to be adding a bar. This is because a No. 41 is for beer and wine only with food while a No. 47 also allows liquor sales with food. The full liquor sales, while it must be in conjunction with the sale of food on the same premises, need not be confined to tables where food is being served; therefore, the liquor sale could operate separately from the food service as a bar. If an existing restaurant holding the ABC No. 41 is a nonconforming use or automatic conditional use, the granting of a No. 47 license would constitute adding a bar which would be an intensification requiring a conditional use authorization.

Code Section: 790.99

Subject:

Effective Date:

Interpretation:

See "Residential use defined 4/97" in the Interpretations - Alphabetical

Code Section: 790.100

Subject: Nonretail sales and service

Effective Date: 9/90

Interpretation:

A proposed use in an NC-1 District was cleaning restaurant stove filters. The filters from the client's restaurants would be dropped off at the NC-1 location, cleaned and returned to the clients. The question was whether such use would be classified as a business or professional service as defined by Section 790.108. That Section states that such service must be a retail use providing general business or professional services to the general public and lists several examples all of which entailed office activities. Section 790.108 states that the use category may also provide services to the business community as long as it also provides service to the general public. Otherwise it shall be considered nonretail sales and service as defined by Section 790.100 which use provides goods and/or services, including light manufacturing to the business community and not to the general public. Since it would not provide service to the general public and would not involve primarily office activities, the proposed restaurant filter cleaning facility was a nonretail sales and service use rather than a business or professional service and therefore would not be permitted in the NC-1 District.

Code Section: 790.102

Subject: Uses included in sales and services, other retail

Effective Date:

Interpretation:

The following uses are included in the "sales and services, other retail" Neighborhood Commercial use:

Retail non -self-service (as well as self-service) dry cleaning 1993

Animal grooming 1993

Code Section: 790.102(e)

Subject: Non-self-serve dry cleaners in NC Districts

Effective Date: 6/90

Interpretation:

This Section lists uses which are included in the definition of the use category "sales and services, other retail." It lists, "self-service laundromats and dry cleaning..." The term "selfservice" modifies "laundromats"- Not dry cleaners. Therefore, a retail, non-self-service dry cleaner with a plant on the premises is included in this definition and use category.

Code Section: 790.104

Subject: NC definitions - Sales and services, retail

Effective Date: 1/88

Interpretation:

A dog grooming service is covered by this category rather than by "personal service," "business service" or "animal hospital" if there is no overnight boarding. If there is boarding, such use would be covered by the "animal hospital" category.

Code Section: 790.104

Subject: Definition of retail, re: catering in NC District

Effective Date: 8/89

Interpretation:

This Section describes a retail use as one which provides goods and/or services directly to the consumer. In a letter dated 8/4/89, a person proposing a catering establishment in an NC District, indicated that it would not be open to the public. Our response was that such use could not be considered a restaurant since all restaurant definitions in Article 7 indicate that such must be a retail use; nor could it be an accessory to a restaurant because Section 703.2(b)(1)(C)(v) states that for it to be accessory, there must be a primarily retail operation at that location. The definitions of other possible categories such as "service, business or professional" and "trade shop" likewise indicate that they be retail.

Code Section: 790.108

Subject:

Effective Date: /95

Interpretation:

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

Code Section: 790.108

Subject: NC definitions

Effective Date:

Interpretation:

See "Contractor's office and storage" in the Interpretations - Alphabetical

Code Section: 790.108

Subject: Business or professional service

Effective Date:

Interpretation:

See Interpretation 790.100

Code Section: 790.109

Subject:

Effective Date: /95

Interpretation:

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

Code Section: 790.114, 890.114

Subject: Acupressure Services

Effective Date: 5/07

Interpretation:

These sections define medical service use as "a retail use which provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes a clinic, primarily providing outpatient care in medical, psychiatric or other medical services, and not part of a hospital or medical center, as defined in Section 790.44 and 890.44 of Planning Code". Acupressure services, provided by an individual who is not licensed by a State-sanctioned Board overseeing the provision of medically oriented services, shall be considered a massage establishment use as defined under Section 790.60 and 890.60 of Planning Code.

Code Section: 790.116

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 790.116

Subject: NC definitions – Personal service

Effective Date:

Interpretation:

The following uses have been classified within the "personal service" category: martial arts studio (2/87);

Code Section: 790.116, 890.116

Subject: Boxing gym as a personal service

Effective Date: 3/96

Interpretation:

These Sections define "personal service" for the Neighborhood Commercial and Mixed Use Districts respectively, as a retail use that includes instructional services such as art, dance, exercise, martial arts, and music classes. Since it is an activity that is similar to the martial arts activity that is specifically listed, boxing is allowed under the definition of "personal service," provided it is a retail use and therefore available to the general public and is in the nature of instruction and not audience entertainment.

Code Section: 790.118

Subject: ND definitions – Story

Effective Date:

Interpretation:

A building in an NC District existed on a lot that sloped upward from the street. The owner wanted to excavate under the building to create another usable level that would be even with the elevation of the sidewalk. This would become the first floor if it would meet the criteria defined in paragraph (a) of this Section. The former first floor would then become the second floor. Therefore, the proposal could not be permitted if it "raised" uses to a story where they would not be permitted unless such uses were moved or removed.

Code Section: 790.118

Subject: Definition of "first story"

Effective Date: 3/89

Interpretation:

The applicant wanted to establish a first story use on a floor that was seven to eight feet above grade and wanted a variance from the quantitative measure stated in this definition of six feet above grade. A variance is not available for quantitative standards within definitions.

Code Section: 790.124

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 803(h)

Subject: Vertical controls for office uses

Effective Date: 11/11 (Revised 1/14)

Interpretation:

The intent of this Section is to "preserve ground floor space for production, distribution, and repair uses and to allow the preservation and enhancement of a diverse mix of land uses, including limited amounts of office space on upper stories" in the UMU and MUG Zoning Districts. This section prohibits new office space on the ground floor of these districts and limits the number of floor that may contain new office space based on the number of floors in the building. Projects adding new office space in these districts must designate all of the building's "office stories" prior to the issuance of any building permit for new or expanded office uses or along with any associated Planning Commission action, whichever occurs first.

The following interpretations are intended to clarify vertical controls for office uses:

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 3story building is permitted to have one story of office, and the second story already contains office uses, the Project Sponsor may designate the third story for office use. Any legally existing office space in the building outside of the third floor would be a legal nonconforming use.

Code Section: 803.2(b)(1)

Subject:

Effective Date:

Interpretation:

See "Building, meaning for `enclosed building rule' /96" in the Interpretations - Alphabetical

Code Section: 803.2(b)(1)(C)

Subject:

Effective Date:

Interpretation:

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

Code Section: 803.2(b)(1)(C)

Subject: Accessory uses, ABC licenses in Chinatown Mixed Use Districts

Effective Date: 1/14

Interpretation:

See Interpretation 204.1

Code Section: 803.3(b)(1)(C)

Subject: Accessory uses, ABC licenses in Eastern Neighborhoods and South of Market Mixed Use Districts

Effective Date: 1/14

Interpretation:

See Interpretation 204.1

Code Section: 803.5(b)

Subject: Conversion of group housing in SOMA

Effective Date: 12/90

Interpretation:

This Section states that conversion of group housing or dwelling units in the SOMA to any other use would require a conditional use authorization. Such requirement for conditional use under this Section also extends to merging units of either group housing or regular dwelling units because this would constitute demolition. NOTE 1/5/96: This interpretation may not apply to the Neighborhood Commercial Districts despite the fact that the terms, "residential conversion" and "residential demolition" are identical in the definition sections for both the Mixed Use and Neighborhood Commercial Districts. This interpretation is based upon the wording of Section 803.5(b) rather than the definitions.

Code Section: 803.5(b)

Subject: Residential conversion in SOMA Districts

Effective Date: 10/91

Interpretation:

This Section states that demolition or conversion of group housing or dwelling unit or any portion thereof to any other use shall require a conditional use authorization. This Section contains phrasing (". . . or any portion thereof . . . ") not found in residential conversion controls for other districts. Therefore, the question arose as to whether dwelling unit merger was prohibited by this Section. It was noted that Section 890.84 defines conversion as the change in occupancy of any residential use to a nonresidential use. Therefore, the phrase, "any portion thereof" does not preclude the merger of dwelling units. The prohibition applies only to the change from residential to nonresidential use.

Code Section: 803.5(b)

Subject: CU for conversion of group housing to apartments

Effective Date: 12/92

Interpretation:

This Subsection states that demolition or conversion to any other use, of a group housing unit or dwelling unit in the South of Market Districts shall require a conditional use authorization. The phrase, "any other use" includes the conversion of group housing to a dwelling unit. It was noted that the intent of the legislation was to preserve single room occupancy units because of their affordability.

Code Section: 803.5(i)(1)

Subject: RSD ratio of residential use to nonresidential use

Effective Date: 1992

Interpretation:

This Paragraph states that nonresidential uses, "shall be permitted in new construction in the Residential/Service District . . . " only if the ratio between the residential floor area to the nonresidential floor area is three to one. The term "new construction" shall mean only a new building-not alterations or additions. Nevertheless, because of the housing policies of the General Plan as reflected in this provision, the staff will bring to the Planning Commission's attention proposals for alterations or additions that would make noncomplying, or increase noncompliance of the ratio of non-residential floor area to residential floor area on a lot in the Residential/Service District. This will allow the Commission to exercise discretionary review over the permit application.

Code Section: 803.8(d)

Subject: Housing Ratio in the MUR District

Effective Date: 5/09

Interpretation:

The MUR District is intended primarily to be a residential district. Accordingly, this Section requires that three residential gross square feet be created for every one nonresidential gross square foot. This requirement was adapted from a similar requirement in the RSD District (Section 803.8(c)) which applies only to new construction. Section 803.8(d) inadvertently fails to specify the types of projects to which it applies. Because of this unintentional omission and because existing buildings could not reasonably be expected to meet this provision, this Section shall only apply to new construction and not to existing buildings.

Code Section: 816.05

Subject: Usable Open Space Requirement for Dwelling Units in the SLR District

Effective Date: 3/06

Interpretation:

roughly 48 square feet per unit, respectively. These two requirements are obviously contradictory and merit an examination of open space requirements elsewhere in the South of Market. It should be noted that a 36/48 square foot requirement also applies to the SLI and SSO Districts, while a 60/80 square foot requirement applies only to the RED District. Bearing in mind the use of the RED classification for "predominantly residential neighborhoods located along the narrow side-streets of the South of Market," and the SLR's contrasting "small-scale light industrial [and] home and business service" uses, a 36/48 square foot requirement is felt to be more consistent with other similar districts in the South of Market and is to be used for purposes of calculating required open space for dwelling units and group housing in the SLR District.

Code Section: 817

Subject: Motorcycle dismantling in SLI District

Effective Date: 1/95

Interpretation:

Motorcycle dismantling conducted entirely within an enclosed building is permitted in the SLI District. It was noted that, while automobile dismantling is a conditional use per Section 225(p), that subsection does not limit the use to enclosed buildings; that storage within a completely enclosed building of junk or salvaged materials (exclusive of auto salvaging operations) is a permitted use in the M-1 District which is the Light Industrial District; that light industrial use is a permitted use in the SLI District; and that motorcycle dismantling does not require the same kind of heavy equipment as is required for auto dismantling, involves disposing of less oil and gasoline, and presumably is less noisy.

Code Section: 890.50(f)

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 890.54(a)

Subject: South of Market controls, light manufacturing

Effective Date: 11/88

Interpretation:

This Section defines light manufacturing. A small brewery with on-premises sale and also off sale of only kegs – no bottles comes under this definition.

Code Section: 890.71

Subject:

Effective Date: 3/96

Interpretation:

See Interpretation 790.70, 890.71 Outdoor activity area must be accessory

Code Section: 890.88

Subject:

Effective Date:

Interpretation:

See "Residential use defined 4/97" in the Interpretations - Alphabetical

Code Section: 890.88

Subject: Residential use

Effective Date: 12/97

Interpretation:

This Section defines residential uses in the South of Market (SOM) Districts. A dwelling unit is defined as a residential use which consists of a suite of two or more rooms. Further, this Section defines a Single Room Occupancy (SRO) Unit as a dwelling unit consisting of no more than one room with a maximum gross floor area of 350 square feet. Section 102.7 defines a dwelling unit as a room or suite of two rooms. Therefore, one room with a gross floor area over 350 square feet shall be interpreted as a dwelling unit in the SOM. These dwelling units shall be restricted by all Code sections applicable to dwelling units not by those sections applicable to SRO units (i.e., for the purposes of calculating requirements for parking, open space, rear yards, conditional use authorizations, etc.).

Code Section: 890.114, 790.114

Subject: Massage use in conjunction with medical service uses

Effective Date: 8/2005

Interpretation:

These Sections define medical service use as "a retail use which provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes a clinic, primarily providing outpatient care in medical, psychiatric or other medical services, and not part of a hospital or medical center, as defined in Section 790.44 and 890.44 of the Planning Code." Acupressure services, provided by an individual who is not licensed by a State-sanctioned Board overseeing the provision of medically oriented services, shall be considered a massage establishment use as defined under Section 790.60 and 890.60 of the Planning Code.

In cases where massage establishment use is provided in conjunction with medical service use, the total floor area and hours of operation of the massage use shall be considered in determining whether the massage use is principal or accessory to the medical service use. In addition to the interpretation of Code Section 204 issued in March 97, which limits the accessory massage use to no more than 300 square feet and no more than two massage therapists where the accessory massage space is accessed only through the space controlled by a medical service or personal service; in South of Market and Chinatown mixed use districts and Neighborhood Commercial zoning districts, the accessory massage use hours shall not exceed 1/3 of the total hours of operation of the business. In all other zoning districts, accessory massage use hours are limited to ¼ of the total hours of operation of the business. An affidavit by the medical service provider is required describing the type of services provided on the premises, the number of employees providing such services, and hours of operation of medical service provider and other employees per week.

of operation of the business. In all other zoning districts, accessory massage use hours are limited to ¼ of the total hours of operation of the business. An affidavit by the medical service provider is required describing the type of services provided on the premises, the number of employees providing such services, and hours of operation of medical service provider and other employees per week.

For an acupuncture office to be classified as a principal medical service use, which also provides massage as an accessory use, a State licensed acupuncturist must have offices on the premises. In South of Market and Chinatown Mixed Used Districts and Neighborhood Commercial Zoning Districts, the acupuncturist must be present for 2/3 or more of the operating hours of the business. In all other districts, the acupuncturist must be present ¾ or more of the operating hours of the business, consistent with accessory use provisions for the respective districts.

Code Section: 890.116

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 890.124

Subject:

Effective Date:

Interpretation:

See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations - Alphabetical

Code Section: 903(a)(6)

Subject:

Effective Date:

Interpretation:

See "Building, meaning for `enclosed building rule' /96" in the Interpretations - Alphabetical

Code Section: 983(b)

Subject: Alterations to Mission Bay NCUs

Effective Date: 10/90

Interpretation:

This Section allows enlargement, intensification, extension or expansion of a nonconforming use by Zoning Administrator approval through the variance procedure provided the modifications "comply with requirements that would apply if the use was [sic] located in an M-1 Use District." It was not the intent of this Section to exclude M-2 uses from the benefits allowed by this Section. Therefore, the M-1 requirements referenced are limitations found in Article 1, not use limitations found in Article 2.

Code Section: 983(b)

Subject: Mission Bay NCU alterations

Effective Date: 10/90

Interpretation:

This Section allows enlargement, intensification, extension or expansion of those nonconforming uses subject to Article 9 with Zoning Administrator approval and provided that the modifications comply with requirements that would apply to the use in question if it were located within an M-1 Use District. The M-1 Use District requirements referred to are not that district's use provisions but rather its quantitative standards such as parking and FAR that would apply to the use in question. In many instances, applying the use provisions of the M-1 Districts would make the subject use a permitted use rather than an NCU.

Code Section: 1006

Subject: Certificate of appropriateness required

Effective Date: 11/97

Interpretation:

This Section establishes three criteria for when a certificate of appropriateness is required. It is the intent of this interpretation to clarify that the three criteria are mutually exclusive and the requirement is not dependent upon satisfying all or any combination of the criteria. Therefore, if a project meets any one of the three criteria it requires a certificate of appropriateness.

INTERPRETATIONS -- ALPHABETICAL

Subject: ABC license, conditions of approval

Effective Date: /95

Interpretation:

The Planning Department may attach conditions to its approval of an Alcoholic Beverage Control Commission license. The conditions may be spelled out in a letter, a copy of which would be attached to the license and sent to the applicant. (Other interpretations on ABC licensing can be found under Interpretation 204.1.)

Subject: Access to dwelling unit

Effective Date: 11/93

Interpretation:

Primary access to a dwelling unit can be from the required rear yard.

Subject: Accessory use

Effective Date:

Interpretation:

See Interpretations 204.1 and 204.3;

also "Satellite dish antennae" and "Sausage manufacture"

Dwelling, parking for -- SeeInterpretation 151

Subject: Acupressure Services

Effective Date: 5/07

Interpretation:

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:

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.

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 forprofit 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 self-service 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: Deck on non-complying structure

Effective Date: 2/08

Interpretation:

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 "3-R" 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:

Therefore, the initial 20% of applicable fees under Section 179.1 shall be paid before the issuance of a building permit. This effectively ensures that the total fee amount will be paid within four years of receiving the first building or site permit instead of within five years.

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).

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 nonilluminated 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:

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 by-product 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 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

. . . “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 Code-complying if they are left vacant for more than three years, but only when they are removed. Therefore, a nonconforming use size that is discontinued and abandoned for a period three years and has not been reduced in size by a new tenant may be reoccupied by a new use at its original size, without seeking a new Conditional Use authorization.;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.)

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 nonresidential 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 foreclosedupon 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:

- (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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References to Ordinances

Ordinances Affecting the Planning Code

Publisher's Note: The following table lists all ordinances affecting the Planning Code passed by the Board of Supervisors beginning in 2011. The table includes links to the ordinances (as maintained in PDF format on the Board of Supervisors' web site) and to the code sections affected. For other legislation, including older ordinances and those affecting other codes, please refer to the Comprehensive Ordinance Table or the Board's "Legislation Passed" web site.

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2011 Ordinances

2012 Ordinances

2013 Ordinances

2014 Ordinances

2015 Ordinances

2016 Ordinances

2017 Ordinances

2018 Ordinances

2019 Ordinances

2020 Ordinances

2021 Ordinances

2022 Ordinances

2023 Ordinances

2024 Ordinances

2025 Ordinances

N ew Ordinances

2011	Col2	Col3	Col4
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
3-11	101247	02/06/11	Planning Code - Update the Visitacion Valley Community Facilities and Infrastructure Fee and Fund Sections Affected: 401, 406, 420.1 to 420.5 (Amended)
5-11	101091	02/06/11	Planning Code - Notice Requirement for "Other Entertainment Uses" in the Van Ness Avenue Special Use District Sections Affected: 243 (Amended)
25-11	101464	03/26/11	Planning Code - Zoning - Amendment of Upper Market Neighborhood Commercial District; Extension of Market and Octavia Community Infrastructure Fee Area Sections Affected: 134, 145.4, 151.1, 155, 207.7, 207.8, 263.20, 401, 416, 416.3, 416.5, 421.1, 421.3, 421.5, 721, 721.1 (Amended)
47-11	110009	04/15/11	Planning Code - Amending Area Plan Fee Waiver Criteria for Affordable Housing Sections Affected: 406 (Amended)
55-11	101523	04/22/11	Planning Code, Administrative Code - Development Impact and In-Lieu Fees Sections Affected: 430 (Added); 402, 403, 409, 411.3, 411.4, 412.4, 413.4, 413.6, 414.4, 414.10, 414.15, 415.5, 416.3, 417.4, 418.4, 419.2, 419.3, 419.4, 419.5, 420, 420.4, 420.5, 421.4, 422.4, 423.4, 424.3 (Amended)
56-11	110070	04/22/11	Planning Code - Zoning - Upper Fillmore Neighborhood Commercial District Sections Affected: 703.3, 718.1 (Amended)
60-11	110024	04/29/11	Planning Code - Zoning Map Amendment - Correction to Market and Octavia Area Plan Zoning
Col1	Col2	Col3	Sections Affected: Zoning Map Sheet 2 (Amended)
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62-11	110010	05/07/11	Planning Code - Zoning - NC-3 District of Fillmore Street between Bush and McAllister Streets Sections Affected: 145.4 (Amended)
63-11	101053	05/07/11	Planning Code - Zoning - Establishing Consistent Setback, Street Frontage, Off-Street Parking, and Other Planning Code Requirements and Procedures Across Various Use Districts Sections Affected: 145 (Added); 124, 132.2, 136, 144, 144.1, 145.1, 145.5, 150, 151.1, 155, 161, 186, 206.3, 209.8, 210.3, 212, 231, 243, 253, 253.2, 307 (Amended); 175.1, 175.2, 175.3, 175.4, 175.5, 209.10, 249.26 (Repealed)
66-11	101537	05/20/11	Planning Code - Urban Agriculture Sections Affected: 102.35 (Added); 204.1, 209.5, 227, 234.1, 234.2, 703.2, 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, 733.1, 733A.1, 734.1, 735.1, 736.1, 737.1, 790.50, 803.2, 803.3, 810.1, 811.1, 812.1, 813, 814, 815, 816, 817, 818, 827, 829, 840, 841, 842, 843, 890.50 (Amended)
90-11	110301	07/09/11	Planning Code - Special Use District - Parkmerced Sections Affected: 249.64 (Added); 102.5, 201, 270 (Amended)
91-11	110302	07/09/11	Planning Code - Zoning Map Amendments - Parkmerced Sections Affected: Zoning Maps HT13, SU13, ZN13 (Amended)
96-11	110227	07/15/11	Zoning Map Amendment - Treasure Island/Yerba Buena Island Development Project Sections Affected: Zoning Maps HT14, SU14, ZN14 (Added)
98-11	110229	07/15/11	Planning Code - Zoning - Treasure Island/Yerba Buena Island - Special Use District Sections Affected: 249.52, 263.26 (Added); 102.5, 105, 201, 270 (Amended)
109-11	101350	07/29/11	Planning Code - Zoning - Parking in South of Market and Mission Bay Districts Sections Affected: 151, 151.1, 155, 161, 249.1, 249.23 (Amended)
137-11	110658	07/29/11	Planning Code - Zoning Map - Presidio-Sutter Special Use District - 800 Presidio Avenue
Col1	Col2	Col3	Sections Affected: 249.53 (Added) Zoning Maps HT03, SU03 (Amended)
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140-11	110482	08/04/11	Planning Code - Miscellaneous Technical Amendments Sections Affected: 249.60, 249.61, 249.62, 249.63 (Added); 121.2, 134, 136.1, 142, 185, 201, 204.1, 204.2, 205, 205.1, 205.3, 207.2, 209.3, 217, 243, 303, 309, 311, 312, 317, 602.25, 602.26, 607.1, 702.2, 702.3, 702.4, 703.2, 710.1, 711.1, 712.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 724.1, 725.1, 726.1, 727.1, 729.1, 730.1, 731.1, 732.1, 733.1, 733A.1, 734.1, 735.1, 736.1, 737.1, 781.1, 781.8, 781.10, 782, 784, 790.22, 790.44, 790.141, 803.2, 803.3, 803.6, 890.133 (Amended)
144-11	110625	08/17/11	Planning Code - Zoning - Executive Park Special Use District, Special Height and Bulk Provisions, and Permit Review Procedures Sections Affected: 249.54, 263.27, 309.2 (Added); 270 (Amended)
145-11	110626	08/17/11	Zoning Map Amendments - Executive Park Subarea Plan Area Sections Affected: Zoning Maps HT10, SU10, ZN10 (Amended)
156-11	110707	08/31/11	Planning Code - Fee Update Sections Affected: 350, 351, 352, 353, 355, 356, 357, 358 (Amended)
160-11	110277	08/31/11	Planning Code - Vintage Signs Sections Affected: 608.14 (Amended)
170-11	110592	09/07/11	Planning Code - Inner Clement, Outer Clement, and Geary Neighborhood Commercial Controls Sections Affected: 263.20, 712.1, 716.1, 717.1, 781.4 (Amended)
172-11	110506	10/12/11	Police Code, Planning Code, and Business and Tax Regulations Code - Limited Live Performance Permits Sections Affected: 102.17, 703.2, 790.38, 803.2, 803.3, 890.37 (Amended)
195-11	110448	11/03/11	Planning Code - Zoning Map - Establishing City Center Special Sign District Sections Affected: 608.16 (Added); 602.10, 607.1, 608 (Amended)
196-11	110786	11/03/11	Planning Code - Eastern Neighborhoods Code Cleanup

2011	Col2	Col3	Col4
Col1	Col2	Col3	Sections Affected: 230 (Added); 102.5, 121.8, 134, 135, 140, 145.1, 145.5, 151.1, 157.1, 175.8, 207.1, 218, 227, 231A, 249.36, 249.37, 249.38, 329, 352, 401, 411.3, 419.2, 419.5, 423.5, 607.2, 726.1, 734.1, 735.1, 736.1, 781.5, 803.3, 803.8, 803.9, 814, 840, 841, 842, 843, 890.49, 890.54 (Amended) Zoning Map Sectional Map SSD (Amended)
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198-11	110788	11/03/11	Zoning Map Amendments - Eastern Neighborhoods Code Cleanup Sections Affected: Zoning Maps HT01, HT07, HT08, SU01, SU08, ZN01, ZN07, ZN08 (Amended)
199-11	110785	11/06/11	Planning Code - Zoning - Establishing Standards for BirdSafe Buildings Sections Affected: 139 (Added); 145.1 (Amended)
209-11	110589	11/23/11	Planning Code - Zoning Map - Establishing the Lombard and Scott Street Affordable Group Housing Special Use District - 3151-3155 Scott Street Sections Affected: 249.55 (Added) Zoning Map 2SU (Amended)
220-11	110767	12/15/11	Planning Code - Alcoholic Beverages in the Mission Alcoholic Beverage Special Use Subdistrict Sections Affected: 249.60 (Amended)
224-11	110590	12/15/11	Planning Code - Reconstruction of Buildings Damaged or Destroyed by Fire or Acts of God Sections Affected: 181, 188 (Amended)
2012	Col2	Col3	Col4
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*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
26-12	111078	03/15/12	Planning Code and Zoning Map Amendments - India Basin Industrial Park Sections Affected: 249.42 (Amended) Zoning Map 8 SU (Amended)
35-12	111305	03/22/12	Planning Code Amendments - Glen Park Area Plan Sections Affected: 738.1 (Added); 121.1, 121.2, 124, 134, 135, 145.4, 151.1, 155, 201, 263.20, 607.1, 702.1 (Amended)
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36-12	111306	03/22/12	Zoning Map Amendments - Glen Park Area Plan Sections Affected: Zoning Maps HT11, ZN11 (Amended)
40-12	111211	04/04/12	Zoning Map Amendment - Chinatown Transit Station Special Use District Sections Affected: Zoning Map SU01 (Amended)
41-12	111210	04/04/12	Planning Code - Chinatown Transit Station Special Use District Sections Affected: 249.66 (Added)
47-12	111315	04/15/12	Planning Code - Automobile Sale or Rental in NC-S Districts Sections Affected: 713.1 (Amended)
61-12	111337	05/19/12	Planning Code - Extension of Time for Legitimization of Existing Eastern Neighborhoods Uses Sections Affected: 179.1 (Amended)
62-12	110853	05/19/12	Planning, Administrative Codes - Public Art Fee and Public Artwork Trust Fund Sections Affected: 429 (Amended)
75-12	120084	05/23/12	Planning Code - Eating and Drinking Establishment Definitions and Controls Sections Affected: 703.5 (Added); 145.4, 178, 186.1, 249.40A, 249.60, 303, 305, 312, 702.3, 703.2, 703.3, 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, 733.1, 733A.1, 734.1, 735.1, 736.1, 737.1, 780.3, 781.1, 781.2, 781.5, 781.9, 787, 790.22, 790.34, 790.90, 790.91, 790.102, 803.2, 803.6, 810.1, 811.1, 812.1, 814, 815, 816, 817, 818, 840 (Amended); 790.92, 790.93, 790.135, 890.22, 890.34, 890.90, 890.91, 890.92, 890.122 (Repealed)
92-12	111247	06/20/12	Planning Code - Permitting Five Feet Ground Floor Height Increases in Designated Lots and Prohibiting Certain Lot Mergers Along Geary Boulevard, Balboa Street, and in the Inner and Outer Clement Neighborhood Commercial Districts
Col1	Col2	Col3	Sections Affected: 121.7, 263.20, 711.1, 712.1, 716.1, 717.1 (Amended)
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94-12	120300	06/20/12	Planning Code - Article 10 - Landmarks Preservation Sections Affected: 1012 (Added); 1001, 1002, 1003, 1004, 1004.1, 1004.2, 1004.3, 1004.4, 1004.5, 1004.6, 1005, 1006, 1006.1, 1006.2, 1006.3, 1006.4, 1006.5, 1006.6, 1006.7, 1007, 1008, 1009, 1010, 1011, 1013, 1014, 1015 (Amended); 1004.7, 1006.8 (Deleted)
95-12	120301	06/20/12	Planning Code - Article 11 - Historic Preservation in the C-3 Districts Sections Affected: 1118, 1125 (Added); 1101, 1102, 1102.1, 1103, 1103.1, 1106, 1107, 1108, 1109, 1110, 1111, 1111.1, 1111.2, 1111.3, 1111.4, 1111.5, 1111.6, 1111.7, 1113, 1114, 1115, 1116, 1117, 1119, 1120, 1121, 1122, 1123, 1124 (Amended); 1104, 1105, 1112 (Deleted)
106-12	120047	07/22/12	Planning Code - Including Financial Services Within Definition of Formula Retail Sections Affected: 303, 703.3, 803.6 (Amended)
173-12	120471	09/01/12	Planning Code - Bicycle Parking; Automotive Service Station Conversions Sections Affected: 102.9, 155.1, 155.4, 228, 228.1, 228.2, 228.3, 228.4, 228.5 (Amended)
174-12	120715	09/01/12	Planning Code - Limited Commercial Uses in Residential Districts Sections Affected: 186, 231 (Amended)
175-12	120241	09/06/12	Planning Code - Establishing Four Outer Sunset Neighborhood Commercial Districts Sections Affected: 739.1, 740.1, 741.1, 742.1 (Added); 263.20, 710.1, 790.124 (Amended)
176-12	120472	09/06/12	Planning Code - Clerical Modifications and Repeal of Obsolete Sections Sections Affected: 102.5, 121.3, 201, 204.2, 209.9, 249.49, 309.1, 799, 899 (Amended); 187, 249.15, 263.2, 263.3 (Deleted)
182-12	120665	09/07/12	Planning Code - Transit Center District Plan Sections Affected: 424.6, 424.7, 424.8 (Added); 102.5, 102.9, 102.11, 123, 132.1, 136, 138, 151.1, 152.1, 155, 155.4, 156, 163, 201, 210.3, 215, 216, 217, 218, 218.1, 219, 220, 221, 222, 223, 224, 225, 226, 248, 260, 270, 272, 303, 309, 321, 412.1, 427, 1103.1, Art. 11 App. A, C, D, F (Amended)

2011	Col2	Col3	Col4
188-12	111374	10/11/12	Planning Code - Creating a New Definition of Student Housing
Col1	Col2	Col3	Sections Affected: 102.36 (Added); 124, 135, 207.6, 307, 312, 317, 401, 415.3, 814, 840, 841, 842, 843 (Amended)
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190-12	120528	10/11/12	Administrative, Planning Codes - Historical Property (Mills Act) Contracts and Fee Reduction Sections Affected: 356 (Amended)
192-12	120475	10/14/12	Planning Code and Zoning Map - Chinese Hospital Special Use District Sections Affected: 249.69 (Added)
201-12	120353	10/27/12	Planning Code - Mechanical Car Wash Facilities on 19th Avenue Sections Affected: 187.2 (Added)
209-12	120631	10/28/12	Business and Tax Regulations, Police, and Planning Codes - Parking Tax Simplification for Residential Properties Sections Affected: 150, 204.5 (Amended)
214-12	120773	11/08/12	Planning Code - Reinstating Liquor License Controls and Establishing Conditional Use Requirement for Limited Restaurants - Union Street Neighborhood Commercial District Sections Affected: 725.1 (Amended)
219-12	120464	11/22/12 [Oper. 01/15/13]	Planning Code - Threshold for Application of Inclusionary Affordable Housing Program Sections Affected: 415.3, 419.3 (Amended)
226-12	120774	11/28/12	Planning Code - Permitting a Five Feet Ground Floor Height Increase for Active Ground Floor Uses in the Castro Street and the 24th Street - Noe Valley Neighborhood Commercial Districts Sections Affected: 263.20, 715.1, 728.1 (Amended)
228-12	120220	12/14/12	Planning Code - Signage Requirements for Privately-Owned Public Open Spaces Sections Affected: 135, 135.3, 138, 603 (Amended)
231-12	121033	12/14/12	Planning Code - Limited Commercial Uses in Residential Transit Oriented Mission District Sections Affected: 231 (Amended)
242-12	120996	01/06/13	Planning Code - Efficiency Dwelling Units - Numerical Cap and Open/Common Space Requirements Sections Affected: 140.1, 318 (Added); 135 (Amended)
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247-12	120523	01/17/13	Planning Code - Transit Impact Development Fee Increase and Updates Sections Affected: 411.9 (Added); 401, 402, 408, 411, 411.1, 411.2, 411.3, 411.4, 411.5, 411.7, 411.8 (Amended)
2013	Col2	Col3	Col4
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*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
3-13	120880	02/23/13	Planning Code - Valencia Street Neighborhood Commercial Transit District Sections Affected: 726.1 (Amended)
7-13	120789	03/08/13	Planning Code - Landmark Designation of 4004-4006 Third Street - Sam Jordan's Bar Sections Affected: Art. 10, App. A (Amended)
11-13	121061	03/08/13	Planning Code - Landmark Designation of 401 Castro Street (Twin Peaks Tavern) Sections Affected: Art. 10, App. A (Amended)
28-13	120900	04/04/13	Planning Code - Car Share Parking Spaces Sections Affected: 166 (Amended)
33-13	130019	04/05/13	Planning Code, Zoning Map - Central Subway Tunnel Boring Machine Extraction Site Special Use District Sections Affected: 249.70 (Added)
42-13	130002	04/27/13	Planning Code - Implementing the Western South of Market Area Plan Sections Affected: 175.5, 261.2, 263.28, 263.29, 703.9, 743.1, 744.1, 844, 845, 846, 847, 890.81 (Added); 121.1, 121.2, 121.7, 124, 134, 135, 141, 145.1, 151.1, 155, 163, 182, 201, 204.4, 207.4, 207.5, 207.6, 208, 235, 270.2, 316, 329, 401, 423.1, 423.2, 423.3, 423.5, 429.2, 607.1, 702.1, 703.2, 802.1, 802.4,
Col1	Col2	Col3	802.5, 803.3, 803.6, 803.9, 813, 822, 823, 890.88 (Amended); 803.7 (Repealed)
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43-13	130003	04/27/13	Zoning Map - Height and Bulk Revisions to the Western South of Market Area Plan Sections Affected: Zoning Maps HT01, HT07, HT08, ZN01, ZN07, ZN08 (Amended)
56-13	130062	04/27/13	Planning, Administrative Codes, Zoning Map - Miscellaneous Technical Amendments, Fee Changes, Clarifications, and Corrections Sections Affected: 102.5, 121.2, 121.4, 132, 132.1, 134, 136, 139, 144, 145.4, 151.1, 155, 156, 163, 171, 176, 178, 186, 201, 206.3, 207.6, 209.8, 212, 218, 218.1, 218.2, 219, 227, 235, 249.5, 249.23, 249.33, 249.52, 249.54, 249.60, 249.65, 261, 263.20, 270, 303, 304, 307, 309, 309.2, 312, 350, 352, 355, 415.5, 416.3, 419.1, 419.5, 423.3, 423.5, 424.6.2, 429.3, 429.5, 606, 607, 608.13, 702.1, 702.3, 702.4, 703.2, 703.3, 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, 733.1, 733A.1, 734.1, 735.1, 736.1, 737.1, 738.1, 740.1, 780.3, 781.1, 781.5, 790.22, 790.55, 790.60, 790.90, 790.91, 790.123, 802.2, 803.2, 803.3, 803.6, 803.7, 803.9, 810.1, 811.1, 812.1, 815, 823, 825, 827, 829, 890.60, 890.123, 890.124, 911, 916 (Amended); 249.63, 781.2 (Repealed)
61-13	121104	05/10/13	Planning Code - Landmark Designation - 320-326 Judah Street (the Doelger Building) Sections Affected: Art. 10, App. A (Amended)
62-13	121162	05/10/13	Planning Code - Inclusionary Affordable Housing Program, Updates, and Clarifications Sections Affected: 249.33, 249.40A, 401, 415.3, 415.5, 415.6, 415.7, 415.8, 415.9, 419.3, 419.5, 827 (Amended); 102.6.1, 121.7, 167, 175.9, 207.6, 249.27, 249.28, 249.41, 305, 317, 803.9, 840, 841, 842, 846 (References corrected; see § 14 of the ordinance)
63-13	130042	05/10/13	Planning Code - Medical Service Use - Sacramento Neighborhood Commercial District Sections Affected: 724.1 (Amended)

2011	Col2	Col3	Col4
64-13	121004	05/17/13	Planning Code - Market Street Masonry Historic District Sections Affected: Art. 10, App. M (Added)
65-13	130018	05/17/13	Planning Code - Deleting the Sunset Provision of the Excelsior Alcohol Restricted Use District Sections Affected: 785 (Amended)
68-13	120474	05/23/13	Planning, Administrative Codes - Transfer of Development Rights Sections Affected: 128, 819 (Amended)
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74-13	121065	05/30/13	Planning Code, Zoning Map - Polk Street Alcohol and Tobacco Paraphernalia Restrictions; Establishing Lower Polk Street Alcohol Restricted Use District Sections Affected: 788 (Added); 723.1 (Amended)
83-13	120901	06/14/13	Planning Code - Upper Market Zoning Sections Affected: 703.2, 721.1, 733.1 (Amended)
84-13	120902	06/14/13	Planning Code, Zoning Map - Upper Market Zoning Map Sections Affected: Zoning Maps HT07, ZN07 (Amended)
107-13	130070	07/13/13	Planning Code - Duboce Park Historic District Sections Affected: Art. 10, App. N (Added)
108-13	111278	07/21/13	Planning Code, Zoning Map - Establishing the Art and Design Educational Special Use District - 1111 Eighth Street Sections Affected: 249.67 (Added)
110-13	130180	07/21/13	Planning Code - Pre-Application Meetings in Production/Distribution/Repair-1-B (Light Industrial Buffer) District Sections Affected: 313 (Added)
118-13	120125	07/28/13	Planning Code - Mobile Food Facilities at Certain Institutions in Specified Districts Sections Affected: 205.4 (Amended)
131-13	120357	08/10/13 [Oper. 09/09/13]	Planning Code - Maximum Floor Area Ratios - Establishing the Van Ness Medical Use Subdistrict Within the Van Ness Special Use District - California Pacific Medical Center: Cathedral Hill Campus Sections Affected: 124, 243 (Amended)
132-13	120358	08/10/13 [Oper. 09/09/13]	Planning Code - Maximum Permitted Floor Area Ratio - Establishing the Cesar Chavez/Valencia Streets Medical Use Special Use District - California Pacific Medical Center: St. Luke's Campus Sections Affected: 249.68 (Added); 124 (Amended)
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133-13	120359	08/10/13 [Oper. 09/09/13]	Planning Code, Zoning Map - California Pacific Medical Center: Cathedral Hill Campus Sections Affected: Zoning Maps HT02, SU02 (Amended)
134-13	120360	08/10/13 [Oper. 09/09/13]	Planning Code, Zoning Map - California Pacific Medical Center: St. Luke's Campus Sections Affected: Zoning Maps HT07, SU07 (Amended)
147-13	130272	08/18/13	Zoning Map - Rezoning of 909 Tennessee Street Sections Affected: Zoning Map ZN08 (Amended)
N/A*	130647	08/22/13	Approving Inclusionary Affordable Housing Program Ordinance Sections Affected: 401 (Amended) * This amendment was adopted by Board of Supervisors Motion No. M13-097.
154-13	130263	08/24/13	Planning Code - Castro Street Neighborhood Commercial District Use Size Limits Sections Affected: 121.2, 715.1 (Amended)
177-13	130570	09/01/13	Planning Code, Zoning Map - Yerba Buena Center Mixed-Use Special Use District Sections Affected: 249.71 (Added)
180-13	130459	09/06/13	Planning Code - Mission Alcoholic Beverage Special Use District and Valencia Street Neighborhood Commercial Transit District Sections Affected: 249.60, 726.1, 790.55 (Amended)
183-13	130528	09/06/13	Planning, Environment Codes - Bicycle Parking Standards; In Lieu Fee Sections Affected: 430.1, 431 (Added); 150, 153, 155.1, 155.2, 155.3, 155.4, 157.1, 249.46, 305, 307, 430 (Amended); 155.5 (Repealed)
197-13	130646	11/02/13	Planning Code - Mixed Use Office District
Col1	Col2	Col3	Sections Affected: 842 (Amended)
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248-13	130372	12/08/13	Planning Code, Zoning Map - Third Street Formula Retail Restricted Use District Sections Affected: 786 (Added); 303 (Amended)
261-13	130084	12/27/13	Planning Code, Zoning Map - Establishing the Excelsior Outer Mission Street Neighborhood Commercial District Sections Affected: 745.1 (Added); 201, 207.4, 249.35, 263.20, 607.1, 702.1, 702.3 (Amended); 785 (Repealed)
263-13	130549	12/27/13	Planning Code - Controller's Reports Sections Affected: 409, 413.6, 415.5, 418.5, 418.7, 420.6, 421.5, 422.5, 423.5, 424.5 (Amended)
277-13	130968	01/17/14	Administrative, Planning Codes - Ellis Act Displaced Emergency Assistance Ordinance Sections Affected: 413.10, 415.5, 415.6, 415.7 (Amended)
286-13	130783	01/25/14	Planning Code - Nonconforming Uses: Enlargement, Alteration or Reconstruction Sections Affected: 181 (Amended)
287-13	130041	01/25/14	Planning Code - Demolition, Merger, Conversion and Conformity of Residential Units Sections Affected: 180, 212, 317, 703.2, 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, 733.1, 733A.1, 734.1, 735.1, 736.1, 737.1, 738.1, 739.1, 740.1, 741.1, 742.1, 803.2, 803.8, 810.1, 811.1, 812.1, 813, 814, 815, 816, 817, 818, 827 (Amended); 207.7, 790.84, 790.86, 890.84, 890.86 (Repealed)
288-13	130998	01/25/14	Planning Code - Cottage Food Operation Controls Sections Affected: 102.37 (Added); 204.1 (Amended)

2014

Ord. No. File No. Eff. Date Short Title and Code Sections Affected

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
4-14	131085	03/06/14	Planning Code - Fulton Street Grocery Store Special Use District Sections Affected: 249.35A (Amended)
5-14	130864	03/09/14	Planning Code - Transfer of Child Care Facility Oversight to Office of Early Care and Education Sections Affected: 414.10 (Amended)
7-14	131118	03/15/14	Planning Code - Landmark Designation - 1712-1716 Fillmore Street (aka Marcus Books and Jimbo's Bop City) Sections Affected: Art. 10, App. A (Amended)
15-14	131086	03/16/14	Planning Code, Zoning Map - 1500 Page Street Affordable Housing Special Use District Sections Affected: 249.47 (Added); 249.41A, 263.22A (Deleted)
18-14	130938	04/04/14	Planning Code - Transit Impact Development Fee Exemptions Sections Affected: 411.3, 411.8 (Amended)
22-14	131178	04/13/14	Planning Code - Article 11 Designation of 660 California Street Sections Affected: Art. 11, App. C
25-14	131059	04/16/14	Planning Code - Allowing Certain Non-Conforming Structures to be Rebuilt Under Certain Conditions Sections Affected: 188 (Amended)
27-14	130999	04/20/14	Zoning Map - Transferable Development Right Sale Eligibility - 133- 135 Golden Gate Avenue (St. Boniface Church and Rectory) Sections Affected: Zoning Map ZN01 (Amended)
35-14	131121	05/03/14	Planning Code - Amending the Third Street Alcohol Restricted Use District Sections Affected: 249.62 (Amended)
43-14	131148	05/17/14	Planning, Building, Administrative, and Subdivision Codes - Legalization of Dwelling Units Installed Without a Permit Sections Affected: 207.3 (Added); 311 (Amended)
49-14	131063	05/17/14	Planning and Administrative Codes - Construction of In-Law Units in Existing Residential Buildings or Auxiliary Structures on the Same Lot; Rent Control Sections Affected: 307, 715.1 (Amended)
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63-14	140312	06/07/14	Planning, Building Codes - Small Business Month Fee Waiver Sections Affected: 355 (Amended)
66-14	140097	06/13/14	Planning Code - Medical Cannabis Dispensaries - Ocean Avenue Neighborhood Commercial Transit District Sections Affected: 737.1 (Amended)
71-14	131205	06/22/14	Planning Code - Production, Distribution, and Repair Zoning Sections Affected: 219.1 (Added); 181, 204.3, 226, 227, 840, 841, 842, 843, 844, 845, 846 (Amended); 175.8, 249.39, 413.7, 428A, 890.49 (Repealed)
80-14	140062	07/13/14	Planning Code - Plaza Program Sections Affected: 234, 234.1, 234.2, 605 (Amended)
101-14	140382	07/26/14	Planning Code - Designation of 1007 Market Street (aka James G. Walker Building) Sections Affected: Art. 11, App. C (Amended)
143-14	140236	08/17/14	Planning Code - Mission Alcoholic Beverage Special Use District Sections Affected: 249.60 (Amended)
150-14	140445	08/23/14	Planning Code, Zoning Map - Visitation Valley/Schlage Lock Special Use District Sections Affected: 249.45 (Amended) Zoning Maps HT10, ZN10 (Amended)
152-14	140036	08/24/14	Planning Code - Dwelling Unit Density Sections Affected: 207.1, 207.4 (Amended)
165-14	140593	08/30/14	Planning Code - Fee Elimination Sections Affected: 350, 351 (Amended)
204-14	140724	11/08/14	Planning Code - Nighttime Entertainment and Uses Greater than 25,000 Square Feet in Western SoMa Sections Affected: 744.1, 823, 845 (Amended)
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218-14	140381	11/26/14 [Oper. 02/01/15]	Administrative, Planning Codes - Amending Regulation of Short-Term Residential Rentals and Establishing Fee Sections Affected: 102.7, 102.13, 790.88, 890.88 (Amended)
219-14	140775	11/28/14	Planning Code - Amending Definition of Residential Unit and Residential Conversion Requirements Sections Affected: 317 (Amended)
223-14	140804	12/07/14	Planning Code - Arcades in the Haight Street Neighborhood Commercial District Sections Affected: 719.1, 790.4 (Amended)
227-14	120796	12/13/14	Planning Code, Zoning Map - Establishing the Divisadero Street Neighborhood Commercial District and Deleting the Divisadero Street Restricted Use District Sections Affected: 746.1 (Added); 135, 151.1, 201, 207.5, 243, 249.35, 263.20, 607.1, 702.1, 702.3, 711.1, 714.1, 722.1, 739.1, 740.1, 741.1, 742.1, 810.1, 811.1, 790.55 (Amended); 783 (Repealed)
228-14	120814	12/13/14	Planning Code, Zoning Map - Establishing the Fillmore Street Neighborhood Commercial District Sections Affected: 747.1 (Added); 151.1, 201, 249.35, 607.1, 702.1 (Amended)
232-14	120881	12/26/14	Planning Code, Zoning Map - Uses, Conformity of Uses, Parking Requirements for Uses, and Special Use Districts Sections Affected: 102.9, 135, 138, 138.1, 140, 141, 151, 151.1, 155, 156, 157.1, 158.1, 161, 163, 182, 184, 204.3, 204.5, 206.3, 223, 239, 243, 249.25, 307, 309, 714.1, 722.1, 810.1, 812.1 (Amended); 158 (Repealed)
235-14	140844	12/26/14	Planning Code - Formula Retail and Large-Scale Retail Controls Sections Affected: 303.1, 359, 360 (Added); 145.2, 178, 182, 183, 186, 186.1, 209.8, 212, 218, 218.1, 219, 231, 234.1, 249.31, 249.40, 249.65, 303, 312, 350, 604, 703.3, 703.4, 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, 733.1, 733A.1, 734.1, 735.1, 736.1, 737.1, 738.1, 739.1, 740.1, 741.1, 742.1, 743.1, 744.1, 745.1, 781.1, 781.4,
Col1	Col2	Col3	781.5, 781.9, 786, 790.60, 803.2, 803.6, 810.1, 811.1, 812.1, 815, 823, 827, 829, 840, 841, 842, 843, 844, 845, 846, 847, 890.60, 911 (Amended)
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Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
248-14	140875	01/16/15	Planning Code - Amending the Third Street Alcohol Restricted Use District Sections Affected: 249.62 (Amended)
252-14	141096	01/16/15	Planning Code - Height Exemptions for Hospitals Sections Affected: 260 (Amended)
2015	Col2	Col3	Col4
---	---	---	---
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
13-15	140982	03/15/15	Planning Code - Arcades in the Upper Market Street Neighborhood Commercial Transit District Sections Affected: 733.1 (Amended)
14-15	141210	03/15/15	Planning and Administrative Codes - Definition and Controls for Homeless Shelters to Comply with State Law Sections Affected: 102, 135, 151, 155.2, 208, 209.2, 216, 406, 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, 733.1, 733A.1, 734.1, 735.1, 736.1, 737.1, 738.1, 739.1, 740.1, 741.1, 742.1, 743.1, 790.88, 803.5, 810.1, 811.1, 812.1, 813, 814, 815, 816, 817, 818, 827, 829, 840, 841, 842, 843, 844, 845, 846, 847, 890.88 (Amended)
20-15	110548	03/22/15	Planning Code - Zoning Map - Signs, Awnings, Canopies, and Marquees Sections Affected: 136.1, 602.3, 602.24, 604, 607, 607.2, 608.6, 608.8, 609.8, 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, 733.1, 733A.1, 734.1, 735.1, 736.1, 737.1, 738.1, 739.1, 740.1, 741.1, 742.1, 743.1, 744.1, 745.1, 810.1, 811.1, 812.1, 827, 829, 840, 841, 842, 843 (Amended); 790.20, 790.26, 790.58, 890.21, 890.24, 890.58 (Repealed) Zoning Maps: SS01, SS02
21-15	141237	03/22/15	Planning Code - Procedure for Requesting Modification of Code Requirements or Planning Department Practices and Procedures to Accommodate a Disability
Col1	Col2	Col3	Sections Affected: 305.1 (Added)
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22-15	141253	03/22/15	Planning Code - Consolidate Definitions, Reorganize Article 2, and Make Other Nonsubstantive Changes to Update, Clarify, and Simplify Code Language Sections Affected: 186.3, 202.1, 202.2, 202.3, 202.4, 202.5, 202.6, 202.7, 210.3A, 211, 211.1, 211.2, 701.3, 801.2 (Added); 102, 121.9, 124, 127, 128, 136, 136.1, 145.1, 145.4, 151.1, 155, 156, 159, 168, 178, 179.1, 181, 182, 183, 184, 186.1, 187.1, 187.2, 201, 202, 204, 204.1, 204.2, 204.3, 205.2, 205.4, 207, 207.1, 207.2, 207.6, 208, 209, 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 210.3, 210.4, 219.1, 237, 238, 239, 240.1, 241, 243, 247, 248, 249.1, 249.5, 249.13, 249.14, 249.18, 249.21, 249.25, 249.31, 249.32, 249.33, 249.34, 249.35, 249.35B, 249.41, 249.42, 249.46, 249.54, 249.61, 249.65, 249.67, 253, 260, 263.28, 303, 303.1, 304.5, 307, 309.2, 317, 320, 342.1, 401, 411.3, 415.3, 417.2, 606, 607.1, 799, 803.5, 899 (Amended); 102.1, 102.2, 102.3, 102.4, 102.5, 102.6, 102.6.1, 102.7, 102.8, 102.9, 102.10, 102.11, 102.12, 102.13, 102.14, 102.15, 102.16, 102.17, 102.18, 102.19, 102.20, 102.21, 102.22, 102.23, 102.24, 102.25, 102.26, 102.27, 102.28, 102.29, 102.30, 102.31, 102.32, 102.33, 102.34, 102.35, 102.36, 102.37, 121.5, 121.8, 136.2, 136.3, 175.7, 206, 206.1, 206.2, 206.3, 206.4, 206.5, 209.5, 209.6, 209.7, 209.8, 209.9, 210.5, 210.6, 210.7, 210.8, 210.9, 210.10, 210.11, 212, 213, 215, 216, 217, 218, 218.1, 218.2, 219, 220, 221, 221.1, 222, 223, 224, 225, 226, 226.1, 227, 228, 229, 230, 233, 234, 234.1, 234.2, 249.20, 607.3, 607.4, 608.10 (Deleted or Redesignated)
24-15	150003	03/22/15	Planning Code - Zoning Map Amendment - 1600-1612 Cortland Avenue Sections Affected: Zoning Maps SU11, ZN11
26-15	140876	04/05/15	Planning Code - Office Conversion Controls In Landmark Buildings Sections Affected: 219.2 (Added); 803.9 (Amended)
30-15	140954	04/25/15	Planning Code - Exceptions from Dwelling Unit Density Limits and from Other Specified Code Requirements Sections Affected: 207, 208, 307, 790.60 (Amended); 207.1, 710.1, 711.1, 712.1, 713.1, 714.1, 715.1, 716.1, 717.1, 718.1, 719.1, 720.1, 721.1, 722.1, 723.1, 724.1, 725.1, 726.1, 727.1, 728.1, 729.1, 730.1, 731.1, 732.1, 733.1, 733A.1, 734.1, 735.1, 736.1, 737.1, 738.1, 739.1, 740.1, 741.1, 742.1, 743.1, 744.1, 745.1 (Redesignated and Amended); 207.4 (Deleted)
50-15	150149	05/24/15	Planning Code - Adopting Nexus Analysis for Certain Development Fees Sections Affected: 401A (Added); 401, 404, 409, 411.3, 412.1, 412.6, 413.6, 414.1, 414.8, 415.5, 416.3, 417.3, 418.1, 418.3, 418.5, 419.3, 420.1, 420.3, 420.6,
Col1	Col2	Col3	421.1, 421.3, 421.5, 422.1, 422.3, 422.5, 423.1, 423.3, 423.5, 424.1, 424.3, 424.5, 424.6.2, 424.7.2 (Amended)
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52-15	141266	05/30/15	Planning Code - Off-Street Parking Exceptions Sections Affected: 102, 159, 160, 161, 401 (Amended)
53-15	150029	05/30/15	Planning Code - City Housing Balance Monitoring and Reporting Sections Affected: 103 (Added)
61-15	150246	06/07/15	Planning Code - Landmark Designation - 2178-2174 Market Street (aka Swedish American Hall Building) Sections Affected: Art. 10, App. A (Amended)
70-15	141298	06/20/15	Various Codes - Noise Regulations Relating to Residential Uses Near Places of Entertainment Sections Affected: 314 (Added)
71-15	150002	06/20/15	Planning Code - Landmark Designation - 182-198 Gough Street (aka the R.L. Goldberg Building) Sections Affected: Art. 10, App. A (Amended)

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
73-15	141303	06/27/15	Planning Code - Massage Establishments Sections Affected: 177 (Added); 102, 202.2, 790.60, 790.114, 810.1, 811.1, 812.1, 815, 827, 829, 890.60, 890.114 (Amended)
76-15	150017	07/12/15	Planning Code - Castro Street Neighborhood Commercial District, 24th Street-Noe Valley Neighborhood Commercial District, Upper Market Street Neighborhood Commercial Transit District, and Parcels Zoned Neighborhood Commercial Transit on Market Street Sections Affected: 715, 728, 731, 733 (Amended)
77-15	150148	07/12/15	Planning Code - Designation of 149-155 9th Street (aka the Western Manufacturing Company Building) Sections Affected: Art. 11, App. C (Amended)
119-15	150221	08/14/15	Planning, Public Works Codes - Street Trees and Adoption of Associated Fees Sections Affected: 138.1 (Amended); 428 (Repealed)
123-15	150357	08/16/15	Planning Code - Rincon Hill Streetscape Master Plan
Col1	Col2	Col3	Sections Affected: 138.1 (Amended)
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126-15	150081	08/16/15	Planning Code, Zoning Map - Establishing the Fillmore Street Neighborhood Commercial Transit District Sections Affected: 121.7, 151.1, 201, 702.1 (Amended); 747.1 (Redesignated and Amended) Zoning Maps: ZN02, ZN07 (Amended)
127-15	150082	08/16/15	Planning Code, Zoning Map - Establishing the Divisadero Street Neighborhood Commercial Transit District Sections Affected: 121.7, 151.1, 201, 702.1, 711, 712 (Amended); 746.1 (Redesignated and Amended) Zoning Maps: ZN02, ZN07 (Amended)
143-15	150568	09/05/15	Administrative, Planning, Subdivision Codes - Citywide Affordable Housing Fund, Mayor's Housing Programs Fees Fund Sections Affected: 413.10, 415.5, 416.5, 423.5 (Amended)
146-15	150571	09/05/15	Planning, Building Codes - Fee Waiver for Legalization of Secondary Dwelling Units Sections Affected: 355 (Note)
155-15	150348	09/05/15*	Planning Code - Applying Inclusionary Housing Requirements to Group Housing Sections Affected: 124, 140, 207, 307, 401, 415.6 (See Editor's Note below) _* _Editor's Note: At the direction of the Office of the City Attorney, this ordinance was never codified. Its provisions effectively were superseded by Ord.164-15; see table entry below.
157-15	150681	09/05/15	Planning Code - Allowing an Existing Restaurant to Open a Second Location with a Conditional Use Authorization - North Beach Special Use District Sections Affected: 780.3 (Amended)
161-15	150804	10/18/15	Planning, Administrative Codes - Construction of Accessory Dwelling Units - District 8 Sections Affected:
Col1	Col2	Col3	102, 207, 209.1, 209.2, 209.3, 209.4, 307, 710, 712, 713, 715, 721, 726, 728, 731, 733, 738 (Amended)
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162-15	150805	10/18/15	Planning, Administrative Codes - Construction of Accessory Dwelling Units - District 3 Sections Affected: 102, 207, 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 307, 714, 722, 723, 732 (Amended); 810.1, 811.1, 812.1 (Redesignated and Amended)
164-15	150348	10/23/15 [Retro. 05/20/15*]	Planning Code - Inclusionary Housing Requirements for Group Housing, Affordable Designated Unit Requirements in C-3 Districts Sections Affected: 124, 140, 207, 307, 401, 415.6 (Amended) * The legislation is retroactive in effect; see Sec. 4 of the ordinance.
165-15	150465	10/23/15	Planning Code - Accessory Use Entertainment in Specified Western South of Market Districts Sections Affected: 703.2, 803.3 (Amended)
182-15	150496	11/15/15	Planning Code - Inclusionary Housing Requirements in the Eastern Neighborhoods Sections Affected: 419.5 (Amended)
187-15	150846	12/04/15	Planning Code, Zoning Map - Creating the Jewish Home of San Francisco Special Use District, 302 Silver Avenue Sections Affected: 249.73 (Added) Zoning Maps: HT11, SU11 (Amended)
188-15	150871	12/04/15	Planning Code - Technical Amendments and Corrections Sections Affected: 210.3B, 210.3C (Added); 101, 101.1, 102, 103, 121, 121.2, 121.7, 124, 132, 134, 136, 137, 138, 138.1, 140, 145.4, 148, 152.2, 154, 155.2, 155.4, 164, 165, 172, 175, 175.5, 175.6, 179.1, 186.1, 201, 202.2, 202.3, 204.5, 207, 208, 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 210.3, 210.3A, 211, 211.2, 243, 244, 244.1, 249.52, 249.60, 249.65, 251, 261, 270.2, 271, 290, 295, 301, 303, 304, 304.5, 306.7, 306.8, 312, 316, 317, 320, 321, 321.1, 322, 323, 329, 330.1, 330.2, 330.5, 330.5.2, 330.5.3, 330.5.4, 330.6, 330.8, 330.9, 330.12, 330.15, 352, 401, 401A, 409, 411.3, 412.4, 415.3, 415.6, 419.1, 419.6, 421.5, 422.5, 423.2, 423.5, 424.5, 424.6.2, 424.6.4, 424.7.2, 424.7.4, 429, 429.2, 429.3, 601, 604, 606, 607.2, 608, 608.8, 703.2, 803.9, 845, 846, Art. 10, App. A (Amended); 219.1, 219.2 (Redesignated and Amended)
200-15	150790	12/25/15	Planning Code - Establishing a New Citywide Transportation Sustainability Fee
Col1	Col2	Col3	Sections Affected: 411A, 411A.1, 411A.2, 411A.3, 411A.4, 411A.5, 411A.6, 411A.7, 411A.8, 411A.9 (Added); 401, 401A, 406, 410, 411, 421.1, 422.1, 423.1, 423.5, 424.1 (Amended); 421.7 (Repealed)
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201-15	150866	12/25/15	Planning Code - Landmark Designation - 350 University Street (aka University Mound Old Ladies' Home) Sections Affected: Art. 10, App. A (Amended)
204-15	150622	01/02/16	Administrative, Planning Codes - Preferences in Affordable Housing Programs Sections Affected: 413.10, 415.5, 415.6, 415.7 (Amended)
205-15	150787	01/01/16	Planning Code, Zoning Map - Fifth and Mission Special Use District Sections Affected: 249.74 (Added) Zoning Maps: HT01, SU01, ZN01

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
208-15	150587	01/08/16	Building and Planning Codes - Notice to Tenants of Dwelling Unit Merger or Demolition Sections Affected: 311, 312 (Amended)
209-15	150271	01/15/16	Planning Code, Zoning Map - Rezoning Properties on Ocean Avenue Sections Affected: 737 (Amended) Zoning Map: ZN12 (Amended)
217-15	151063	01/15/16	Planning Code, Zoning Map - 525 Harrison Street Sections Affected: 270, 309.1 (Amended) Zoning Maps: HT01 (Amended)
222-15	151121	01/17/16	Planning Code - Establishing a New Citywide Transportation Sustainability Fee Sections Affected: 411A, 411A.1, 411A.2, 411A.3, 411A.4, 411A.5, 411A.6, 411A.7, 411A.8 (Added); 401, 401A, 406, 410, 411, 421.1, 422.1, 423.1, 423.5, 424.1 (Amended)
229-15	151126	01/21/16	Planning Code, Zoning Map - Establishing the Japantown Neighborhood Commercial District Sections Affected: 261.3, 748 (Added); 134, 145.4, 151.1, 155, 201, 263.20, 607.1, 702.1 (Amended)
2016	Col2	Col3	Col4
---	---	---	---
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
2-16	150793	02/18/16	Planning Code - Child Care Requirements for Office and Residential Projects and Associated Fees Sections Affected: 414A, 414A.1, 414A.2, 414A.3, 414A.4, 414A.5, 414A.6, 414A.7, 414A.8 (Added); 401, 406, 414.3, 414.8 (Amended) The provisions of Sec. 414A.6 were operative on 7/19/2016; see Sec. 3 of the enacting ordinance.
7-16	150914	03/11/16	Planning Code - Affordable Housing Review Process Sections Affected: 315 (Added)
23-16	150494	04/03/16	Planning, Building Codes - Conditional Use Required to Remove Any Residential Unit in a C-3 District, Including Illegal Units; Permeable Surfaces and Landscaping Requirements Citywide for Building Additions and Residential Mergers Sections Affected: 317.1 (Added); 132, 210.2 (Amended)
30-16	151004	04/10/16	Planning Code - Projecting Signs in the Fillmore Street Neighborhood Commercial Transit District Sections Affected: 607.1 (Amended)
32-16	160026	04/10/16	Planning Code, Zoning Map - Rezoning Noe Valley Town Square Sections Affected: Zoning Maps: HT07, ZN07 (Amended)
33-16	160115	04/10/16	Planning, Building Codes - Conditional Use Required to Remove Any Residential Unit; Mandatory Legalization of Unauthorized Units Sections Affected: 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 210.3, 210.4, 317, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 733A, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 810, 811, 812, 813, 814, 815, 816, 817, 818 (Amended); 317.1 (Repealed)
35-16	151084	04/24/16	Planning Code - Upper Market Street Neighborhood Commercial Transit District; Second Floor Bars
Col1	Col2	Col3	Sections Affected: 733 (Amended)
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52-16	151164	05/22/16	Planning Code - Landmark Designation - 171 San Marcos Avenue (aka Cowell House) Sections Affected: Art. 10, App. A (Amended)
60-16	151085	05/27/16 [Oper. 06/01/16]	Various Codes - Code Enforcement Procedures Sections Affected: 176, 176.1 (Amended)
76-16	160255	06/12/16	Planning, Administrative Codes - Inclusionary Affordable Housing Fee and Requirements; Preparation of Economic Feasibility Report; Establishing Inclusionary Housing Technical Advisory Committee Sections Affected: 415.10 (Added); 415.1, 415.2, 415.3, 415.5, 415.6, 415.7 (Amended) Section 2(a) of this ordinance provides: "The amendments to Planning Code Sections 415.1, 415.3, 415.5, 415.6 and 415.7 set forth in Section 3 of this ordinance will become effective only on the effective date of the Charter amendment revising Section 16.110 at the June 7, 2016 election, permitting the City to change the inclusionary affordable housing requirements. In the event the voters do not adopt such Charter amendment, the amendments to Planning Code Sections 415.1, 415.3, 415.5, 415.6 and 415.7 set forth in Section 3 of this ordinance shall have no effect, and the City Attorney shall not cause them to be published in the Municipal Code." The amendments referenced in the above-quoted Sec. 2(a) have been included herein at the direction of the Office of the City Attorney.
77-16	151211	06/19/16	Planning Code - Landmark Designation - 90-92 Second Street (aka the Bourdette Building) Sections Affected: Art. 10, App. A (Amended)
90-16	151280	06/26/16	Planning Code - Permitting Accessory Massage Uses, with a Conditional Use Permit, in the North of Market Residential Special Use District Sections Affected: 249.5 (Amended)
99-16	160293	07/17/16	Planning Code - Landmark Designation - 35-45 Onondaga Avenue (aka Alemany Emergency Hospital and Health Center) Sections Affected: Art. 10, App. A (Amended)
102-16	160346	07/24/16	Planning Code - Mid-Block Alley and Rooftop Screening and Enclosure Controls
Col1	Col2	Col3	Sections Affected: 260, 270.1, 270.2, 309, 329, 735, 743, 744, 803.9 (Amended)
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129-16	160360	08/19/16	Zoning Map - Rezoning Potrero HOPE SF Parcels at 25th and Connecticut Streets Sections Affected: Zoning Maps: HT08, ZN08 (Amended)
143-16	160687	08/28/16	Planning Code - 100% Affordable Housing Bonus Program Sections Affected: 206, 206.1, 206.2, 206.3, 206.4, 328 (Added); 250, 260, 352 (Amended)

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
149-16	160632	08/31/16	Planning, Administrative Codes - Planning Department Fees - Future Fee Adjustments Sections Affected: 350 (Amended); 351, 352, 353, 354, 355, 356, 357, 358, 359, 360 (Repealed)
162-16	160657	09/03/16	Planning, Administrative Code - Construction of Accessory Dwelling Units Sections Affected: 102, 207, 209.1, 210.4, 307, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 733A, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 810, 811, 812, 813, 814, 815, 816, 817, 818, 827, 828, 829, 840, 841, 842, 843, 844, 845, 846, 847 (Amended); 207.2 (Repealed)
166-16	160477	09/10/16	Planning Code - Wireless Telecommunications Services Facilities Sections Affected: 102, 204.3, 205.2, 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 210.3, 210.4, 211.1, 211.2, 242, 249.1, 249.52, 249.64, 260, 303, 306.9, 311, 312, 411.3, 703.2, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 733A, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 790.80, 801.2, 803.2, 810, 811, 812, 813, 814, 815, 816, 817, 818, 827, 829, 840, 841, 842, 843, 844, 845, 846, 847, 890.80, 914, 943, 1006.2, 1111.1 (Amended)
188-16	160321	11/13/16	Planning Code - Housing Balance Report Sections Affected: 103 (Amended)
213-16	160960	12/04/16	Planning Code - Temporary Homeless Shelters in Certain Industrial and Mixed-Use Districts Sections Affected: 210.3 (Amended); 845 (Amended); 846 (Amended)
217-16	160424	12/10/16	Planning Code - Sign Regulations
Col1	Col2	Col3	Sections Affected: 102, 188, 260, 429.4, 429.6, 601, 602 (deleting 602.1 - 602.26), 607, 607.1, 607.2, 608.3, 608.5, 608.8, 608.9, 608.13, 608.15, 609.10, 609.11, 609.13, 609.14; Tables 810, 811, 812, 817 (Amending); 608.4, 608.12, 609.2, 803.1, 821 (Deleting)
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218-16	160553	12/10/16	Planning Code - Signs - Exemptions and General Advertising Sign Penalties Sections Affected: 602 (Amended), 603 (Amended), 610 (Amended)
222-16	160820	12/22/16	Planning Code - Landmark Designation - 1345 Ocean Avenue (aka Ingleside Presbyterian Church and the Great Cloud of Witnesses) Sections Affected: Art. 10, App. A (Amended)
223-16	160821	12/22/16	Planning Code - Amending Landmark Designation - 140 Maiden Lane (aka V. C. Morris Gift Shop) Sections Affected: Art. 10, App. A (Amended)
221-16	160965	12/10/16* [Oper. 1/1/17]	Planning Code - Better Roof Requirements, Including Living Roofs Sections Affected: 149 (Added); 307 (Amended)
245-16	160510	01/15/17	Planning Code - Student Housing Exemption from Inclusionary Housing Requirements Sections Affected: 415.3
2017	Col2	Col3	Col4
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*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
4-17	161067	02/19/17	Planning Code, Zoning Map - Mission and 9th Street Special Use District Sections Affected: 249.15 (Added)
7-17	161157	02/19/17	Planning Code - Inclusionary Housing Small Sites Program Sections Affected: 415.2; 415.5; 415.7-1 (Added)
11-17	161068	03/05/17	Planning Code - Terrace Infill for Noncomplying Structure Designated as a Significant Building in C-3 Zoning District
Col1	Col2	Col3	Sections Affected: 188 (Amended)
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13-17	161159	03/05/17	Planning Code - Potrero HOPE SF Special Use District Sections Affected: 249.76 (Added); 263.31 (Added)
16-17	161162	03/05/17	Planning Code - Sunnydale HOPE SF Special Use District Sections Affected: 249.75 (Added); 263.30 (Added)
23-17	160656	03/12/17	Planning Code - Medical Service Use - Sacramento Street Neighborhood Commercial District Sections Affected: 703.2, 724 (Amended)
34-17	160925	03/19/17	Planning Code - Transportation Demand Management Program Requirement Sections Affected: 169, 169.1, 169.2, 169.3, 169.4, 169.5, 169.6 (Added); 102, 151, 163, 166, 305 (Amended)
47-17	161064	04/09/17	Administrative, Planning Codes - New Hotels and Motels Near Places of Entertainment Sections Affected: 314
50-17	160748	4/16/17	Planning Code - Amusement Arcades in the South of Market Service/Light Industrial District Sections Affected: 803.4; 817
53-17	161353	4/16/17	Various Codes - Baby Diaper-Changing Accommodations Sections Affected: 168 (Deleted)
83-17	170003	04/23/17	Planning Code, Zoning Map - Upper Market Street Districts Sections Affected: 401; 416.3; 416.5; 421.3; 421.5
85-17	170028	04/30/17	Planning Code, Zoning Map - Calle 24 Special Use District Sections Affected: 249.59 (Adding)
90-17	140877	05/14/17	Planning Code - Downtown Support Special Use District; Fees in Lieu of On-Site Open Space; Gift Acceptance Sections Affected: 247
95-17	170125	06/11/17	Planning Code - Construction of Accessory Dwelling Units Sections Affected: 102; 207
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98-17	160281	06/18/17	Planning Code - Dwelling Unit Mix Requirements Sections Affected: 207.6; 329
99-17	170206	06/18/17	Planning Code - Off-Street Parking and Loading Requirements Sections Affected: 102; 142; 150; 151; 151.1; 152; 152.1; 152.2; 155; 156; 161; 172; 204.5; 249.75; 249.76; 303; 803.3; 810; 811; 812; 814; 825; 827; 829; 840; 841; 842; 843; 844; 845; 846; 847; 899; Deleting 157; 157.1; 158.1

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
100-17	170466	06/18/17	Planning Code - Noriega, Irving, Taraval, and Judah NCDs; Conditional Use Authorization for Bars, Liquor Stores, Personal Services, and Medical Cannabis Dispensaries Sections Affected: 739; 740; 741; 742
101-17	170348	06/23/17	Planning Code, Zoning Map - 1500 Mission Street Special Use District Sections Affected: 249.12 (Adding); 270
103-17	161014	06/25/17	Planning Code - Exempting Certain Historic Landmarks from Requirement to Obtain Conditional Use and Replace Production, Distribution, and Repair, Institutional Community, and Arts Activities Uses Sections Affected: 202.8
105-17	170156	06/25/17	Planning Code, Zoning Map - Production, Distribution, and Repair Controls; Eliminating the Transit-Oriented Retail Special Use District, and Correcting Height Limits in the UMU District Sections Affected: 145.1; 210.3; 210.3C; Deleting 249.38
116-17	150969	07/13/17	Planning Code - Affordable Housing Bonus Programs Sections Affected: 206; 206.1; 206.2; 206.3; 206.4; 206.5; 303; 328; Adding: 206.6; 206.7; 206.8
129-17	170203	07/30/17	Planning Code - Article 7 Reorganization; Technical and Other Amendments Sections Affected:
Col1	Col2	Col3	Deleting 316; 316.1 - 316.6; 733A; Adding: 750; 751; 752; 761; 762; 763; 764; Amending: 102; 121.1; 121.2; 121.4; 121.7; 134; 145.1; 145.2; 145.4; 155; 177; 178; 186.1; 201; 202; 202.1; 202.2; 202.3; 202.5; 204; 208; 231; 249.35A; 249.40A; 249.60; 249.64; 253.1; 253.3; 260; 263.11; 303; 303.1; 304; 306.3; 306.10; 307; 308; 308.1; 310; 312; 607.1; 701.1; 702; 702.1* - 702.4; 703; 703.2; 703.4; 703.9; 720; 721; 722; 726; 727; 731; 732; 733; 734; 735; 736; 737; 738; 743; 744; 746; 747; 780.1; 780.2; 780.3; 781.1; 781.4; 781.5; 781.6; 781.7; 781.9; 784; 787; 788; 801.2; 803.3; 803.8; 803.9; 825 *Renumbering
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130-17	170204	07/30/17	Planning Code - Deletion of Duplicate Definitions and Outdated Article 7 Zoning Control Tables Sections Affected: Article 7: Deleting 701.3; 703.1; 703.3; 703.5; 709; 790; 790.2 - 790.142; 799
143-17	170296	08/20/17	Planning Code, Zoning Map - Corona Heights Large Residence Special Use District Sections Affected: 249.77 (Added)
158-17	161351	08/26/17	Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements Sections Affected: 415.2, 415.3, 415.5, 415.6, 415.7, 415.10; Adding 207.7, 415.11
161-17	170430	08/26/17	Planning Code - Landmark Designation - 1970 Ocean Avenue (aka El Rey Theater) Sections Affected: Article 10, Appendix A
162-17	170434	08/26/17	Planning Code - Construction of Accessory Dwelling Units Sections Affected: 207
166-17	170820	08/26/17	Planning Code - Valencia Street Neighborhood Commercial Transit District Zoning Control Table Sections Affected: 762
167-17	170093	08/26/17	Planning Code - Establish Fee for Monitoring of Student Housing - Mayor's Office of Housing and Community Development Sections Affected: 415.3
186-17	170516	10/15/17	Planning Code - Medical Cannabis Dispensaries in Supervisorial District 11 Sections Affected:
Col1	Col2	Col3	Article 7
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189-17	170693	10/15/17	Planning Code - Child Care Facilities Sections Affected: 135; 209.1; 209.2; 209.3; 209.4; 210.2; 210.3; 210.4; 211.2; 311; 312; 710; 711; 713; 714; 715; 716; 717; 718; 719; 720; 721; 722; 723; 724; 725; 726; 728; 729; 730; 731; 732; 733; 734; 750; 751; 752; 753; 754; 755; 756; 757; 758; 759; 760; 761; 762; 763; 764; 813; 814; 815; 816; 817; 818; 827; 829; 840; 841; 842; 843; 844; 845; 846; 847; 890.50
196-17	170419	11/04/17	Planning Code - North Beach, Telegraph Hill, Broadway and Chinatown Area Controls Sections Affected: 121.1; 151; 151.1; 155; 249.49; 253.1; 722; 780.3
205-17	170418	12/03/17	Planning Code - Commercial Uses in Polk Street and Pacific Avenue Neighborhood Commercial Districts; Technical and Other Amendments Sections Affected: 121.1; 121.2; 121.7; 145.4; 151; 151.1; 155; 186.1; 207.6; 207.8; 303; 723; 726
208-17	170834	12/03/17	Planning Code - Inclusionary Affordable Housing Fee and Requirements Sections Affected: 415.3; 415.6; 415.7; 249.28
225-17	170864	12/15/17	Planning Code, Zoning Map - Pier 70 Special Use District Sections Affected: 249.79 (Added); ZN08, HT08, SU08
226-17	170923	12/15/17	Planning Code - Landmark Designation of 1399 McAllister Street (aka Third Baptist Church Complex) Sections Affected: Art. 10, App. A
229-17	171041	01/05/18	Planning Code - Cannabis Regulation Sections Affected: 102, 145.4, 202.2, 204.3, 205.2, 209.1, 209.2, 210.3, 303, 303.1, 312, 703, 710-726, 728-734, 750-764, 803.2, 803.3, 810-818, 840-845, 846, 890.52, 890.54, 890.11 (Amended); Adding: 190, 191, 890.125; Deleting: 739-742, 745, 748
234-17	170941	01/07/18	Planning Code, Zoning Map - Transit Center Special Sign District Sections Affected: 608.4 (Added)
240-17	170922	01/14/18	Planning Code - Landmark Designation of 2731-2735 Folsom Street (aka Gaughran House)
Col1	Col2	Col3	Sections Affected: Art. 10, App. A
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241-17	170938	01/14/18	Planning Code, Zoning Map - 1629 Market Street Special Use District Sections Affected: Adding 249.81

2018	Col2	Col3	Col4
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*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
13-18	171096	3/12/18	Planning Code - Definition of Gross Floor Area Sections Affected: 102

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
14-18	171097	3/12/18	Planning Code - Article 8 Corrections Sections Affected: 823; 827; 841
17-18	171173	3/12/18	Planning Code - Mission Street Neighborhood Commercial Transit District Sections Affected: 121.2; 121.7; 754
26-18	171193	3/26/18	Planning Code - Inclusionary Affordable Housing Program Sections Affected: 124; 415.3; 415.4; 415.5; 415.6; 415.7; 406
31-18	170940	4/06/18	Planning Code, Zoning Map - Mission Rock Special Use District Sections Affected: 201, 291, 901, 902, Adding 249.80
45-18	161109	4/16/18	Planning Code, Zoning Map - Establishment of Geary-Masonic Special Use District Sections Affected: Adding 249.20
47-18	171108	4/16/18	Planning Code - Restaurant and Bar Uses in Jackson Square, Broadway and North Beach, and Pacific Avenue Office Uses Sections Affected: 178, 249.25, 714, 722, 780.3
49-18	170755	4/29/18	Planning Code - Landmark Designation - 2117-2123 Market Street (aka New Era Hall) Sections Affected: Art. 10, App. A
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58-18	180114	5/13/18	Planning Code, Zoning Map - San Francisco Conservatory of Music Project - 200-214 Van Ness Avenue Sections Affected: 260
114-18	180190	6/9/18	Planning Code - Lower Polk Street Alcohol Restricted Use District Sections Affected: 723; 788
122-18	180086	6/23/18	Planning Code - Legitimization and Reestablishment of Certain Self-Storage Uses Sections Affected: 183
138-18	180117	7/21/18* Oper. in part 7/21/18, conditional	Planning Code - Increasing the Transportation Sustainability Fee for Large Non-Residential Projects Sections Affected: 411A.5
145-18	180187	7/28/18	Planning Code - Reauthorizing Section 210.3C Concerning New Production, Distribution, and Repair Space Sections Affected: 210.3C
148-18	180387	7/29/18	Planning Code - Landmark Designation of 234-246 First Street (aka Phillips Building) Sections Affected: Art. 10, App. A
165-18	180476	8/16/18	Planning Code, Zoning Map - Candlestick Point Activity Node Zoning Map Amendments
168-18	180191	8/17/18	Planning Code - Public Parking Lot as a Permitted Use in the Glen Park Neighborhood Commercial Transit District and Adjoining Locations Sections Affected: 209.1; 756
179-18	180423	8/27/18 Oper. 1/1/19*	Planning Code - Review for Downtown and Affordable Housing Projects; Notification Requirements; Review of Alterations to Historical Landmarks and in Conservation Districts Sections Affected: 206.4; 309; 315; 1005; 1111.1; 1111.2; Adding 315.1; Deleting 328
Col1	Col2	Col3	* Sections 202.5; 302; 303; 303.1; 305.1; 306.3; 306.7; 306.8; 306.9; 311; 317; 329; 330.7; 1006.3; 1111.4; Adding 333; Deleting 306.10; 312
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195-18	180268	9/10/18	Planning Code - Accessory Dwelling Units Sections Affected: 102; 136; 138.1; 140; 155.1; 207; 207.3; 307; 317
196-18	180320	9/10/18	Planning Code - Catering as an Accessory Use Sections Affected: 204.3; 703; 803.2; 803.3
198-18	180456	9/10/18	Planning Code - HOME-SF and 100% Affordable Housing Bonus Program Sections Affected: 206.3; 206.4; 303; Deleting 328; Adding 328; 315.1
199-18	180482	9/10/18	Planning Code - Permit Review Procedures and Zoning Controls - Neighborhood Commercial Districts in Supervisorial Districts 4 and 11 Sections Affected: 311; 710; 711; 720; 731; 732; 733; 734; Deleting 312
202-18	180557	9/10/18	Planning Code - Technical Amendments Sections Affected: 102; 121.2; 121.6; 121.9; 132; 142; 145.4; 151; 151.1; 155.2; 177; 186; 186.1; 187.1; 191; 201; 202.2; 204.5; 205.2; 206.2; 206.3; 206.4; 206.5; 206.6; 206.8; 207; 209.2; 209.3; 210.1; 210.3C; 211.1; 249.36; 249.45; 249.52; 249.59; 249.60; 249.62; 249.65; 249.70; 249.73; 249.74; 249.75; 249.76; 249.79; 303.1; 308.1; 342.1; 401; 413.3; 415.3; 415.6; 415.7; 423.5; 604; 703; 710; 711; 712; 714; 717; 718; 722; 723; 726; 728; 732; 753; 754; 780.1; 814; 846; 996; Art. 10 Appx I; Tables: 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 728, 729, 730, 731, 732, 733, 734, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764
203-18	180559	9/10/18	Planning Code - Landmark Designation - 6301 Third Street (aka Arthur H. Coleman Medical Center) Sections Affected: Art. 10, App. A
213-18	180319	10/15/18	Planning Code - Cannabis Retail and Medical Cannabis Dispensaries in Chinatown Sections Affected: 803.2; 810; 811; 812
214-18	180389	10/15/18	Planning Code, Zoning Map - Amend Zoning Map and Abolish Legislated Setback on 19th Avenue Between Quintara and Rivera Streets Sections Affected:
Col1	Col2	Col3	ZN05
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217-18	180556	10/15/18	Planning Code - Hours of Operation for Limited Nonconforming Uses Sections Affected: 186
218-18	180752	10/15/18	Planning Code - Accessory Dwelling Units; In-Lieu Fee for Street Trees Sections Affected: 138.1
219-18	180053	10/22/18	Planning Code - Massage Establishments - Union Street Neighborhood Commercial District Sections Affected: 725
221-18	180584	10/29/18	Planning Code - Fees for Certain Permits and Transportation Analysis Sections Affected: 350
224-18	180364	11/05/18	Planning Code - Affordable Housing Projects on Undeveloped Lots in Service/Arts/Light Industrial Districts Sections Affected: 803.8; 846
225-18	180483	11/05/18	Planning Code - Health Services - Ocean Avenue Neighborhood Commercial Transit District Sections Affected: 755

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
251-18	180680	12/02/18* * Oper. 12/2/18	Planning Code, Zoning Map - India Basin Special Use District Sections Affected: Adding 249.84; ZN09; HT09; SU09
253-18	180720	12/03/18	Planning Code - Landmark Designation - 228-248 Townsend Street (aka New Pullman Hotel) Sections Affected: Art. 10, App. A
254-18	180721	12/03/18	Planning Code - Landmark Designation - 457 Bryant Street (aka Piledrivers, Bridge, and Structural Ironworkers Local No. 77 Union Hall) Sections Affected: Art. 10, App. A
255-18	180722	12/03/18	Planning Code - Landmark Designation - 500-504-4th Street (aka Hotel Utah)
Col1	Col2	Col3	Sections Affected: Art. 10, App. A
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256-18	180723	12/03/18	Planning Code - Clyde and Crooks Warehouse Historic District Sections Affected: Adding Art. 10, App. O
257-18	180724	12/03/18	Planning Code - Mint-Mission Conservation District Sections Affected: 1103.1; Art. 11, App. A; Art. 11, App. D; Adding Art. 11, App. K
258-18	180725	12/03/18	Planning Code - Designation of Various Properties as Significant and Contributory in the C-3 District Based on Architectural, Historic and Aesthetic Value Sections Affected: Art. 11, App. A; Art. 11, App. C
259-18	180726	12/03/18	Planning Code - Amending Kearny-Market-Mason-Sutter Conservation District and Article 11 Designation of 55-5th Street Sections Affected: Art. 11, App. D; Art. 11, App. E
263-18	180861	12/03/18	Planning Code - Fire-Damaged Liquor Stores in North Beach Neighborhood Commercial District Sections Affected: 722
273-18	180803	12/21/18	Planning Code - Mission Alcoholic Beverage Special Use District and Mission Street Neighborhood Commercial Transit District Sections Affected: 249.60, 754
275-18	180910	12/21/18	Planning Code - Affordable Housing Projects on Undeveloped Lots in Service/Arts/Light Industrial Districts Sections Affected: 803.8, 846
277-18	180914	12/21/18	Planning Code - Modifying Better Streets Plan Requirements and Curb Cut Restrictions Sections Affected: 138.1, 150, 155, 161, 209.2, 209.4, 210.1, 210.2, 303, 710-726, 728- 734, 750-764, 810-812
280-18	180185	01/07/19	Planning Code, Zoning Map - Central South of Market Special Use District Sections Affected: Zoning Maps: ZN01, ZN08, HT01, HT08, SU01, SU08
281-18	180453	01/07/19*	Business and Tax Regulations, Planning Codes - Central South of Market Housing Sustainability District Sections Affected: Adding 343 *Conditional operative date
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284-18	180776	01/07/19	Planning Code, Zoning Map - 430-29th Avenue Special Use District Sections Affected: Adding 249.82; Zoning Map SU04
285-18	180806	01/07/19	Planning Code - Temporary Pop-Up Retail, Flexible Retail, and Arts Activities Uses Sections Affected: 102, 205.1, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 728, 729, 730, 731, 732, 733, 734, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764; Adding 179.2, 202.9
289-18	180892	01/07/19	Planning Code - 1629 Market Street Special Use District Sections Affected: 249.81
290-18	180911	01/07/19	Planning Code - Inclusionary Housing Ordinance Sections Affected: 415.3
295-18	151258	01/07/19	Planning Code - Affordable Housing Requirement and Fee in Divisadero Neighborhood Commercial Transit District Sections Affected: 415.3, 759; Adding 428, 428.1, 428.2, 428.3, 428.4, 428.5
296-18	180184	01/12/19	Administrative, Planning Codes - Central South of Market Area Plan Sections Affected: Adding 128.1, 132.4, 175.1, 249.78, 263.32, 263.33, 263.34, 413.7, 432, 432.1, 432.2, 432.3, 432.4, 433, 433.1, 433.2, 433.3, 433.4, 434, 848; Amending 102, 123, 124, 134, 135, 135.3, 138, 140, 145.1, 145.4, 151.1, 152, 152.1, 153, 154, 155, 163, 169.3, 181, 182, 201, 206.4, 207.5, 208, 211.2, 249.36, 249.40, 249.45, 260, 261.1, 263, 270, 270.2, 303.1, 304, 307, 329, 401, 406, 411A.3, 413.10, 414.4, 414.5, 414.7, 414.8, 415.3, 415.5, 415.7, 417.5, 418.7, 419, 419.6, 423.1, 423.2, 423.3, 423.5, 426, 427, 429.2, 603, 608.1, 753, 802.1, 802.4, 803.3, 803.4, 803.5, 803.9, 809, 813, 814, 825, 840, 841, 842, 843, 844, 845, 846, 847, 890.37, 890.116, 890.124; Deleting 263.11, 425, 802.5, 803.8, 815, 816, 817, 818
303-18	180915	1/21/19	Planning Code - Residential Care Facilities Sections Affected: 209.1, 209.2, 209.3, 209.4, 710, 711, 713, 714, 715, 716, 717, 718, 719, 722, 723, 724, 725, 726, 728, 729, 730, 731, 732, 733, 734, 750,
Col1	Col2	Col3	751, 753, 755, 756, 757, 758, 759, 761, 762, 763, 764, 813, 827, 829, 840, 841, 842, 844
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306-18	180935	1/21/19	Planning Code, Zoning Map - 1550 Evans Avenue Special Use District Sections Affected: 249.42; Adding 249.85
311-18	181028	1/21/19	Planning Code - Off-Street Parking Requirements Sections Affected: 150, 151, 155, 161, 204.5, 209.1, 209.2, 210.1, 210.4, 239, 240.1, 240.2, 240.3, 242, 249.18, 304, 710, 711, 712, 713, 715, 716, 717, 718, 719, 723, 724, 725, 726, 728, 729, 730, 731, 732, 733, 734, 810, 811, 812; Deleting 159, 160
312-18	181031	1/21/19	Planning Code - Permit Review Procedures for Uses in Neighborhood Commercial Districts Sections Affected: 311

2019	Col2	Col3	Col4
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*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
7-19	180917	2/25/19	Planning Code - Small Family Child Care in an Affordable Dwelling Unit on the Ground Floor Sections Affected: 102, 145.4, 207, 401, 414A.3, 414A.6
11-19	181144	2/25/19	Planning Code - Landmark Designation - 2 Henry Adams Street (the Dunham, Carrigan & Hayden Building) Sections Affected: Art. 10, App. A
12-19	180474	3/11/19	Planning Code, Zoning Map - Rezoning 1650-1680 Mission Street
15-19	181046	3/11/19	Planning Code - HOME-SF Project Authorization Sections Affected: 102, 206.3, 328, 350
16-19	181061	3/11/19	Planning Code - Conversion of Medical Cannabis Dispensary Uses to Cannabis Retail Uses Sections Affected:
Col1	Col2	Col3	190
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23-19	180916	3/18/19	Planning, Administrative Codes - Zoning Controls and Fees in the C-3-R (Downtown Retail) District Sections Affected: 210.2; 435, 435.1, 435.2, 435.3
32-19	181175	3/25/19	Planning Code - Landmark Designation - 22 Beaver Street (Benedict-Gieling House) Sections Affected: Art. 10, App. A
37-19	180003	4/15/19	Planning Code - Landmark Designation - 460 Arguello Boulevard (aka Theodore Roosevelt Middle School) Sections Affected: Art. 10, App. A
38-19	180005	4/15/19	Planning Code - Landmark Designation - 2728 Bryant Street (aka Sunshine School) Sections Affected: Art. 10, App. A
39-19	181045	4/15/19	Planning Code, Zoning Map - 170 Valencia Street
48-19	190108	4/15/19	Planning Code - Conversion of Medical Cannabis Dispensary Uses to Cannabis Retail Uses Sections Affected: 191
49-19	180645	4/22/19	Planning Code, Zoning Map - Rezoning, Preservation Designation - 175 Golden Gate Avenue Sections Affected: Art. 11, App. C
61-19	190047	5/5/19	Administrative, Planning Codes - Streamlined Contracting for Homeless Services and Siting for Homeless Shelters Sections Affected: 210.3, 846
70-19	181154	5/20/19	Planning Code - Inclusionary Housing Fee Sections Affected: 415.5, 415.6
72-19	190030	5/20/19	Planning Code - Union Square Park, Recreation, and Open Space Fee Sections Affected: 435, 435.1, 435.2, 435.3
76-19	190188	5/27/19	Planning Code - Amending Landmark Designation - 906 Broadway (Iglesia de Nuestra Señora de Guadalupe/Our Lady of Guadalupe
Col1	Col2	Col3	Church) Sections Affected: Art. 10, App. A
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92-19	190250	6/17/19	Planning Code, Zoning Map - Cayuga/Alemany Special Use District Sections Affected: Adding 249.63; Zoning Maps: SU11; HT11
93-19	190251	6/17/19	Planning Code, Zoning Map - 915 Cayuga Avenue Sections Affected: Zoning Map: SU11
114-19	181107	7/26/19	Planning Code - Landmark Designation - 524 Union Street (aka Paper Doll) Sections Affected: Art. 10, App. A
115-19	181153	7/29/19	Planning Code - Regional Commercial and Folsom Street Neighborhood Commercial Transit Districts, Arts Activities and Nighttime Entertainment Uses Sections Affected: 703.9, 758, 823
116-19	181156	7/29/19	Planning, Business and Tax Regulations Codes - Accessory Dwelling Units in New Construction Sections Affected: 102, 207, 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 210.4, 307, 311, 710, 711 - 726, 728 - 764
180-19	180939	9/9/19	Planning Code, Zoning Map - Oceanview Large Residence Special Use District Sections Affected: Adding 249.3
181-19	190165	9/9/19	Planning, Administrative Codes - Legitimization Program for Non- Residential Uses at 3150-18th Street Sections Affected: Adding 192
182-19	190248	9/9/19	Planning Code - Uses in the Upper Market NCT and NCT-3 Zoning Districts Sections Affected: 102, 202.2, 303, 710-725, 728-734, 750-757, 759-764
184-19	190459	9/9/19	Planning Code - Temporary Uses: Intermittent Activities Sections Affected: 205.4
201-19	190661	9/9/19	Planning Code - Permitting Polk/Pacific Special Area Design Guidelines Sections Affected: 723, 726
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204-19	190731	9/9/19	Planning Code - Abandonment of Conditional Uses in North Beach Neighborhood Commercial District Sections Affected: 178
205-19	181211	10/12/19	Health, Planning, and Police Codes - Small Business Permit Streamlining Sections Affected: 102; 145.4; 186; 303.1; 703; 710; 712; 713; 714; 719; 721; 728; 754; 759; 760; 764; 780.3; 781.9
206-19	190048	10/14/19	Planning Code - Building Standards Sections Affected: 102; 132; 134; 172; 209.1; 261.1; 270; 311
208-19	190594	10/21/19	Planning Code - Reorganization of Chinatown Mixed Use Districts Sections Affected: 102, 121.4, 134.1, 201, 249.25, 249.66, 263.12, 803, 803.2, 809, 810, 811, 812
211-19	190702	10/21/19	Planning Code - New Rooftop Floor Area or Building Volume on Noncomplying Structure Designated as a Significant Building - 5 Third Street Sections Affected: 188
213-19	190812	10/21/19	Planning Code - Allowing Long-Term Parking of and Overnight Camping in Vehicles and Ancillary Uses at 2340 San Jose Avenue Sections Affected: 205.2
242-19	181215	12/02/19	Administrative, Planning Codes - South of Market Community Advisory Committee Sections Affected: 418.7
243-19	190644	12/02/19	Planning Code - Landmark Designation - 2031 Bush Street (aka the Kinmon Gakuen Building) Sections Affected: Art. 10, App. A
251-19	190548	12/16/19	Planning Code - Jobs Housing Linkage Fee and Inclusionary Housing
Col1	Col2	Col3	Sections Affected: Amending 249.78, 329, 409, 413.4, 413.4, 413.11, 415.5, 424.4; Deleting 413.5; Renumber/Amending: 413.6 - 413.10 as 413.5-413.9
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Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
254-19	190839	12/16/19	Planning Code - Fulton Street Grocery Store Special Use District Sections Affected: 249.35A
274-19	190842	12/28/19 ** Retro. 1/1/19	Various Codes - Renewing and Extending Waiver and Refund of Investigation Fee - Two-Year Extension of Medical Cannabis Dispensary Permits and Temporary Cannabis Business Permits - Three-Year Extension of Temporary Cannabis Retail Use Authorization Sections Affected: 191, 205.2**
275-19	190844	12/28/19	Planning Code, Zoning Map - 3333 California Street Special Use District Sections Affected: Adding 249.86
289-19	191016	1/20/20 Oper. 1/20/20	Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program Sections Affected: 206.9
1-20	190681	2/10/20	Planning Code, Zoning Map - Flower Mart - 2000 Marin Street Special Use District Sections Affected: Amending 329, Adding 249.86* *Suspended posting until further notice
5-20	191125	2/17/20	Planning, Administrative Codes - Development Agreement, Conditional Use Procedures for Large Noncontiguous Post- Secondary Educational Institutions, Planning and Administrative Code Waivers Sections Affected: Adding 304.6, 304.7
2020	Col2	Col3	Col4
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*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
1-20	190681	2/10/20	Planning Code, Zoning Map - Flower Mart - 2000 Marin Street Special Use District
Col1	Col2	Col3	Sections Affected: Amending 329, Adding 249.86* *Suspended posting until further notice
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5-20	191125	2/17/20	Planning, Administrative Codes - Development Agreement, Conditional Use Procedures for Large Noncontiguous Post- Secondary Educational Institutions, Planning and Administrative Code Waivers Sections Affected: Adding 304.6, 304.7
7-20	191260	3/02/20	Planning Code, Zoning Map - Establishing 12 Named Neighborhood Commercial Districts Sections Affected: Amending 201, 781.5; Adding 727, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745; Zoning Maps: ZN02, ZN03, ZAN04, ZN06, ZN07, ZN10, ZN11, ZN12
29-20	191257	3/16/20	Planning Code - Jackson Square Special Use District - Exemption from Limitation on Proposed Limited Restaurant Uses Sections Affected: Amending 249.25
31-20	190458	3/23/20	Planning, Administrative Codes - North of Market Affordable Housing Fees and Citywide Affordable Housing Fund Sections Affected: Amending 263.7
35-20	190355	4/06/20	Planning Code - Authorizing Interim Activities at Development Sites Sections Affected: Amending 205, 205.2; Adding 205.5
43-20	190454	4/20/20	Planning Code - Obstructions in Required Setbacks, Yards, and Usable Open Space Sections Affected: Amending 136, 307
61-20	200039	5/25/20 Oper. 5/25/20	Planning Code, Zoning Map - Potrero Power Station Special Use District Sections Affected: Amending 201; Adding 249.87
63-20	200077	5/25/20	Planning, Various Codes - Technical Corrections Sections Affected: Amend: 102, 132, 134, 138, 138.1, 142, 155, 172, 175.6, 181, 186.3, 190, 201, 204.5, 205.4, 206.3, 206.5, 207, 207.6, 209.1, 209.2, 209.3, 210.1, 240, 240.1, 249.1, 249.33, 249.35, 249.35A, 249.40, 249.52,
Col1	Col2	Col3	249.59, 249.60, 249.63, 249.70, 249.74, 249.76, 249.78, 249.80, 260, 262, 263.32, 303, 303.1, 304, 305, 311, 317, 401, 402, 406, 412.6, 413.6, 414.8, 414A.4, 415.5, 415.6, 416.3, 417.3, 418.3, 419.3, 420.3, 421.3, 422.3, 423.3, 423.5, 424.3, 429.1, 430, 432.2, 433.2, 603, 607.1, 607.2, 703, 703.9, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 742, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 780, 780.1, 780.3, 781.9, 788, 803.2, 803.3, 803.4, 803.9, 810, 811, 812, 840, 841, 842, 844, 845, 846, 848, and Art. 11 App. C
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70-20	191002	6/1/20	Planning Code - Geary-Masonic Special Use District Sections Affected: Amending 249.20
71-20	191285	6/1/20	Planning Code - Lot Mergers, Neighborhood Notice, and Zoning Controls Sections Affected: Amending 121.1, 121.7, 145.4, 307, 311, 755
72-20	200086	6/1/20	Planning Code, Zoning Map - Bayview Industrial Triangle Redevelopment Area Rezoning Sections Affected: Amending ZN10, HT10
75-20	200087	6/1/20	Planning Code, Zoning Map - Bayview Industrial Triangle Cannabis Restricted Use District Sections Affected: Adding 249.88; Amending SU10
78-20	191075	6/22/20	Planning, Administrative Codes - Residential Occupancy Sections Affected: Adding 202.10; Amending 102, 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 210.3, 210.4, 710, 711 - 726, 728 - 733, 734, 750 - 764
81-20	200142	6/29/20	Planning Code - Conditional Use Authorizations for Demonstrably Unaffordable Housing Sections Affected: Amending 317
92-20	200113	7/27/20 Retro. 1/1/20	Planning, Building Codes - Reauthorization and Extension of Fee Waiver - Legalization of Unauthorized Dwelling Units Sections Affected: 350
117-20	200114	8/31/20	Planning Code - North Beach Special Use District - Consolidation of Groundfloor Storefronts Sections Affected: 722, 780.3
126-20	200559	8/31/20	Planning Code - Amendments to the Van Ness and Market Downtown Residential Special Use District Sections Affected: Amending 145.4, 151.1, 155, 207.6, 249.33, 260, 261.1, 263.19, 270, 270.2, 309, 341.5, 401, 411A.5, 416.3, 421.5, 424.1, 424.3, 424.4, 424.5, Adding 425, 425.1, 425.2, 425.3, 425.4
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Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
133-20	200143	9/21/20	Planning Code - Zoning Controls - Urban Mixed Use District - Office Uses Sections Affected: Amending 803.9; 843
135-20	200421	9/21/20	Planning Code - Continuation of Use for Certain Nonconforming Parking Lots - Mission Street Neighborhood Commercial Transit District Sections Affected: Amending 184
137-20	191249	9/28/20	Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program Sections Affected: Amending 206.9
138-20	200213	9/28/20	Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program Sections Affected: Amending 206.9
139-20	200214	9/28/20	Planning Code - Conditional Use Review and Approval Process - Priority Processing and Reduced Application Fee for Certain Uses of Commercial Space Sections Affected: Adding 303.2
140-20	200215	9/28/20	Planning Code - Arts Activities, Social Service or Philanthropic Facilities, and COVID-19 Recovery Activities as Temporary Uses; Fee Waiver for COVID-19 Recovery Activities Sections Affected: Amending 205; Adding 205.7
141-20	200422	9/28/20 Oper. 9/28/20	Planning Code and Zoning Map - Balboa Reservoir Special Use District Sections Affected: Amending 201; Adding 249.88; 263.35
157-20	200702	10/05/20	Planning Code - Chinatown Community Business District Zoning Control Table - Technical Correction Sections Affected: Amending 810
164-20	200852	10/25/20	Planning Code, Zoning Map - Rezone Certain Industrial Parcels Sections Affected: Amending 210.3, 210.3A
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182-20	200673	11/2/20	Planning Code - Conversion of Certain Limited Restaurants to Restaurants - North Beach Neighborhood Special Use District Sections Affected: Amending 722, 780.3
241-20	201033	12/26/20	Planning Code - Landmark Designation - "History of Medicine in California" Frescoes - Toland Hall Auditorium in UC Hall, 533 Parnassus Avenue Sections Affected: Amending Art. 10, App. A
267-20	201034	1/23/21	Planning Code - Landmark Designation - 4767-4773 Mission Street (aka the Royal Baking Company Building) Sections Affected: Amending Art. 10, App. A

2021	Col2	Col3	Col4
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*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
1-21	201060	2/15/21	Planning Code - Light Manufacturing and Wholesale Storage Uses in the 24th Street-Mission Street Neighborhood Commercial Transit District Sections Affected: Amending 763
4-21	201261	2/15/21	Planning Code - Cannabis Uses Sections Affected: Amending 190
47-21	201175	5/17/21	Administrative Code, Planning Code - Technical Corrections; Amendments to Various Central South of Market Area Zoning Provisions Sections Affected: Amending 128.1, 135, 138, 155, 249.78, 261.1, 270, 329, 406, 415.5, 426, 427, 432.4, 433.2, 433.4, 840, 841, 848; Adding 803.8
54-21	201326	5/24/21	Planning Code - Chinatown Mixed Use Districts
Col1	Col2	Col3	Sections Affected: Amending 810, 811, 812
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60-21	210064	5/31/21	Planning Code - Landmark Designation - 1830 Sutter Street (aka Japanese YWCA/Issei Women's Building) Sections Affected: Amending Art. 10, App. A
74-21	210286	6/21/21	Planning Code - Landmark Designation - Lyon-Martin House, 651 Duncan Street Sections Affected: Amending Art. 10, App. A
76-21	210287	6/28/21	Planning Code - Temporary Closure of Liquor Stores in Polk Street Neighborhood Commercial District Sections Affected: Amending 723
98-21	210182	8/30/21	Planning Code, Zoning Map - 2500-2530 18th Street Affordable Housing Special Use District Sections Affected: Adding 249.91; ZN08, SU08
111-21	210285	9/4/21	Planning, Business and Tax Regulations, Police Codes - Small Business Recovery Act Sections Affected: Amending 102, 145.4, 209.3, 210.3, 210.3C, 249.33, 249.84, 249.87, 309, 703, 703.9, 710, 713, 715, 724, 725, 727, 742, 757, 758, 760, 761, 762, 763, 764, 801.2, 803.2, 803.3, 811, 890.116; Adding 193, 202.11, 205.8
136-21	210674	9/4/21	Planning Code - Code Corrections Ordinance Sections Affected: Amending 121.1, 136, 155, 155.2, 181, 201, 202.9, 205.5, 206.5, 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 210.3, 210.4, 249.35A, 249.49, 260, 309, 311, 317, 350, 413.5, 414.6, 424, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 781.1, 803.2, 810, 811, 812, 827, 847, 996, Art. 10, App O, Sec. 9; Art. 11, App. E. Sec. 3
149-21	210535	10/30/21	Planning Code - Conditional Use Authorization Requirements Regarding Residential Care Facilities Sections Affected: Amending 209.1, 303; Adding 202.13
153-21	210423	11/8/21	Planning Code - Landmark Designation - Ingleside Terraces Sundial and Sundial Park
Col1	Col2	Col3	Sections Affected: Amending Art. 10, App. A
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169-21	210565	11/15/21	Planning Code - Landmark Designation - "The Making of a Fresco Showing the Building of a City" - San Francisco Art Institute - 800 Chestnut Street Sections Affected: Amending Art. 10, App. A
174-21	200519	11/29/21	Planning Code - Geary-Masonic Special Use District Sections Affected: Amending 249.20
175-21	210734	11/29/21	Planning Code - Landmark Designation - 396-398 12th Street (San Francisco Eagle Bar) Sections Affected: Amending Art. 10, App. A

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
197-21	210600	12/6/21	Planning Code - Small Business Zoning Controls in Chinatown and North Beach and on Polk Street Sections Affected: Amending 121.4, 303, 723, 781.6; Zoning Map SU01
198-21	210865	12/6/21	Health, Planning, Police Codes - Various Cannabis Sunset Dates Sections Affected: Amending 190
202-21	210497	12/13/2021	Planning Code and Zoning Map - Delete Life Science and Medical Special Use District Sections Affected: Repealing 249.36
208-21	210699	12/13/2021	Planning, Administrative Codes - Accessory Dwelling Units Sections Affected: Amending 207
209-21	210808	12/20/2021	Planning Code - Requirements for Laundromats and On-site Laundry Services Sections Affected: Amending 102, 207; Adding 202.12
210-21	210868	12/20/2021	Planning Code - Inclusionary Housing Program Updates Sections Affected: Amending 207, 401, 413.6, 413.9, 415, 415.2, 415.3, 415.5, 415.6, 415.7, 415.8, 415.9, 415.10, 416, 416.3, 416.5, 417, 417.5, 419, 419.1, 419.2, 419.4, 419.5, 419.6, 424, 424.4, 428.3, 428.5
217-21	210807	1/10/22	Planning Code - Repealing Article 12 Regarding Oil and Gas Facilities Sections Affected: Amending 102; Repealing Art. 12 (1201, 1201.1, 1202, 1203, 12404, 1205, 1205.1, 1206, 1206.1, 1207, 1207.1, 1207.2, 1207.3, 1208)
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223-21	210810	1/17/22	Planning Code - Business Signs on Awnings and Marquees Sections Affected: Amending 607.1, 607.2
233-21	210381	1/22/22	Planning Code - Massage Establishment Zoning Controls Sections Affected: Amending 102, 145.4, 183, 202.2, 210.1, 210.2, 210.3, 303, 311, 342, 710 - 745, 750 - 764, 810, 811, 812, 827, 829, 840, 841, 848, 890.28, 890.60, 890.114
234-21	210452	1/22/22	Planning Code - Exemption from Neighborhood Notification and Review Requirements for Grandfathered Medical Cannabis Dispensaries Converting to Cannabis Retail Sections Affected: Amending 190, 311
2022	Col2	Col3	Col4
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*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
10-22	211093	3/7/22	Planning Code - Castro Street Neighborhood Commercial District Sections Affected: 715
17-22	211233	3/14/22	Planning Code - Landmark Designation - 2778-24th Street Sections Affected: Art. 10, App. A
35-22	210116	4/14/22	Planning Code, Zoning Map - Central Neighborhoods Large Residence Special Use District Sections Affected: Adding 249.92
36-22	210898	4/14/22	Planning Code - Landmark Designation - One Montgomery Street (aka 1-25 Montgomery Street) (Crocker National Bank Building)
Col1	Col2	Col3	Sections Affected: Art. 10, App. A
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37-22	211263	4/14/22	Planning Code - Massage Establishment Zoning Controls Sections Affected: Amending 102, 145.4, 183, 202.2, 210.1, 210.2, 210.3, 303, 311, 342.1, 710-745, 750-764, 810, 811, 812, 827, 829, 840, 841, 848, 890.28, 890.60, 890.114
41-22	220037	4/14/22	Planning Code - Landmark Designation - "Allegory of California," The City Club of San Francisco (formerly Pacific Stock Exchange Luncheon Club), 155 Sansome Street Sections Affected: Art. 10, App. A
43-22	211021	4/16/22	Planning Code - Landmark Designation - 447 Battery Street (aka Jones-Thierbach Coffee Company Building) Sections Affected: Art. 10, App. A
47-22	220009	4/22/22	Planning Code - Landmark Designation - 1801 Green Street (aka Golden Gate Valley Carnegie Library) Sections Affected: Art. 10, App. A
50-22	211299	5/1/22	Planning Code - Group Housing Definition Sections Affected: Amending 102, 415.2
57-22	211219	5/16/2022	Planning Code - Landmark Designation - Trocadero Clubhouse Sections Affected: Art. 10, App. A
58-22	220000	5/16/22	Planning Code - Van Ness Special Use District - Exempting Institutional Community Use Development from Limitation on Nonresidential Uses - 1750 Van Ness Avenue Sections Affected: Amending 243
72-22	220190	6/6/22	Planning Code - Landmark Designation - 2261 Fillmore Street (aka Clay Theatre) Sections Affected: Art. 10, App. A
75-22	220264	6/13/22	Planning Code - Adult Sex Venues Sections Affected: Amending 102, 202.2, 204.2, 204.3, 209.3, 210.3, 303, 703, 710 - 745, 750 - 764, 803.2, 803.3, 810 - 812, 814, 825, 827, 829, 840 -
Col1	Col2	Col3	848
---	---	---	---
87-22	220287	7/4/22	Planning Code - Landmark Designation - 2868 Mission Street ("Mission Cultural Center for Latino Arts") Sections Affected: Art. 10, App. A
95-22	220342	7/25/22	Planning Code - Fire-Damaged Liquor Stores in North Beach Neighborhood Commercial District Sections Affected: Amending 722
154-22	211300	8/21/22 Oper. conditional	Planning Code, Zoning Map - Group Housing Special Use District Sections Affected: Adding 249.93
155-22	220262	8/21/22	Planning, Administrative Codes - Affordable Housing Code Enforcement Sections Affected: Amending 176, 350, 415.9
190-22	220036	10/17/22	Planning Code - Electric Vehicle Charging Locations Sections Affected: Amending 102, 142, 187.1, 202.2, 202.5, 204, 210.1, 210.2, 210.3, 311, 710 - 745, 750 - 764, 810, 811, 812, 827, 829, 840 - 848; Adding 202.13, 204.6
191-22	220130	10/17/22	Planning Code - Conditional Use Appeals Sections Affected: Amending 308.1
193-22	220757	10/17/22	Planning Code - Landmark Designation - Mother's Building in San Francisco Zoo Sections Affected: Art. 10, App. A

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
194-22	220507	10/23/22	Planning Code - Landmark Designation - 200 Rhode Island Street (aka Takahashi Trading Company) Sections Affected: Art. 10, App. A
201-22	220654	11/3/22	Planning Code - Landmark Designation - City Cemetery Sections Affected: Art. 10, App. A
206-22	220643	11/6/22	Planning Code - Tenderloin Neon Special Sign District Sections Affected: Amending 249.5, 602, 608
210-22	210866	11/28/22	Planning, Administrative, Subdivision Codes - Density Exception in Residential Districts Sections Affected: Amending 207, 209.1
---	---	---	---
215-22	220041	11/28/22	Planning Code, Zoning Map - Production, Distribution, and Repair Uses Sections Affected: Amending 210.3; Repealing 249.22
246-22	220924	01/09/23	Planning Code - Landmark Designation - Turk and Taylor Streets Intersection Sections Affected: Art. 10, App. A
249-22	220542	1/16/23 Retro. 1/1/22 (Section 205.2(d))	Planning Code - Temporary Safe Overnight Parking and Cannabis Retail Uses Sections Affected: Amending 190, 191, 205.2
263-22	221165	1/22/23	Planning Code - Landmark Designation - St. James Presbyterian Church Sections Affected: Amending Art. 10, App. A
264-22	220811	1/22/23	Planning Code - Automotive Uses Sections Affected: Amending 102, 207, 210.1, 210.2, 210.3, 712, 714 - 726, 728 - 734, 737, 739, 740, 744, 750 - 764, 810, 811, 812, 899; Repeal 202.5
2023	Col2	Col3	Col4
---	---	---	---
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
11-23	221023	3/12/23	Planning Code - Grocery Stores in Polk Street Neighborhood Commercial District Sections Affected: Amending 121.2, 723
22-23	221104	3/26/23	Planning Code - SoMa Nighttime Entertainment Uses; Leather and LGBTQ Cultural District Sections Affected:
Col1	Col2	Col3	Amending 757, 758, 823, 844, 845, 846
---	---	---	---
39-23	221261	4/24/23	Planning Code, Zoning Map - The Village Special Use District Sections Affected: Adding 249.2; Zoning Maps amending HT07, SU07
40-23	220878	4/28/23	Planning, Building Codes - Penalties for Code Enforcement Sections Affected: Amending 176, 350; Repealing 176.1
53-23	210585	5/22/23	Planning Code - State-Mandated Accessory Dwelling Unit Controls Sections Affected: Amending 102, 136, 207, 1005, 1110
70-23	220340	6/3/23	Planning Code - Neighborhood Commercial and Mixed Use Zoning Districts Sections Affected: 102, 124, 134, 135.3, 145.4, 181, 186, 201, 202.2, 204.3, 204.4, 235, 249.40A renumbered as 249.38, 249.78, 303, 329, 703.9, 753, 757, 758, 802.1, 803.3, 803.4 (section number deleted; text as revised incorporated into 803.3), 803.8, 803.9, 813 renumbered as 834, 814 renumbered as 837, 822 renumbered as 249.6, 823 renumbered as 249.39, 840 renumbered as 831, 841 renumbered as 833, 842 renumbered as 832, 843 renumbered as 838, 844 renumbered as 839, 845 renumbered as 840, 846 renumbered as 836, 847 renumbered as 835, 848 renumbered as 830, 890, 890.48, 890.70, 890.123, 890.124, 890.140
71-23	220971	6/3/23	Planning Code - Gates, Railings, and Grillwork Exceptions for Cannabis Retail Uses and Existing Non-Residential Uses and Change in 75% Gate Transparency Requirement to 20% Sections Affected: Amending 145.1
76-23	230058	6/19/23	Planning Code, Zoning Map - Rezone Designated RM-2 Parcel Sections Affected: Amending 209.2
91-23	221021	6/26/23	Planning, Administrative Codes - HOME-SF Sections Affected: Amending 206.1, 206.3
92-23	221105	6/26/23	Planning Code - HOME-SF Sections Affected: Amending 206.3
103-23	230212	7/3/23	Planning, Building, Fire Codes - Small Business Month Fee Waivers Including for Awning Installation
Col1	Col2	Retro. 5/1/23	Sections Affected: Amending 350
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108-23	230164	7/24/23	Planning Code - Non-Conforming Public Parking Lots in the Mission Street NCT District Sections Affected: Amending 183
109-23	230192	7/24/23	Planning Code - Landmark Designation Amendment - 429-431 Castro Street (the Castro Theatre) Sections Affected: Art. 10, App. A
122-23	230371	8/5/23	Planning and Building Codes - Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization Sections Affected: Adding 210.5; Amending 102, 121.6, 134, 135, 140, 145.1, 145.4, 155.1, 155.2, 169.3, 204.3, 205.1, 205.2, 207.7, 210.1, 210.2, 248, 260, 309, 309.1, 426, 604, 843, 1005, and 1111.1
125-23	230493	8/6/23	Planning Code - Landmark Designation - The Church for the Fellowship of All Peoples Sections Affected: Art. 10, App. A
139-23	230447	8/20/23	Building, Planning Codes - Existing Awning Amnesty Program Sections Affected: Adding 187.3
142-23	230410	8/26/23	Planning Code - Polk Street and Haight Street Neighborhood Commercial Districts Sections Affected: Amending 102, 719, 723
149-23	230745	8/27/23	Building, Planning Codes - Existing Awning Amnesty Program Sections Affected: Adding 187.3
153-23	221164	8/28/23	Planning Code, Zoning Map - Van Ness & Market Residential Special Use District - Height Increase for 98 Franklin Street Sections Affected: Amending 249.33; Zoning Map: HT07
157-23	230503	8/28/23	Planning Code - Port of San Francisco Waterfront Plan Update Sections Affected: Amending 240, 240.1, 240.2, 240.3; Adding 240.4
158-23	230690	8/28/23	Planning Code - Landmark Designation - Parkside Branch Library
Col1	Col2	Col3	Sections Affected: Art. 10, App. A
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Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
159-23	230732	8/28/23	Planning and Building Codes - Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization Sections Affected: Adding 210.5; Amending 102, 121.6, 134, 135, 140, 145.1, 145.4, 152, 152.1, 155, 155.1, 155.2, 169.3, 204.3, 205.1, 205.2, 207.7, 210.1, 210.2, 248, 260, 309, 309.1, 426, 604, 843, 1005, 1111.1
187-23	230769	10/15/23 Oper. 11/1/23 * Oper. 11/21/26	Planning, Administrative Codes - Development Impact Fee Reductions Sections Affected: Amending 403, 415.3, 415.5, 415.6, 415.7, 415.10, 419.3, 419.5, 428, 428.3, Adding 415A, 415B
189-23	230559	10/16/23 Retro. 5/1/23	Planning, Building, Fire Codes - Small Business Month Fee Waivers Including for Awning Installation and Business Signs Sections Affected: Amending 350
193-23	230764	10/16/23	Planning, Building Codes - Development Impact Fee Indexing, Deferral, and Waivers; Adoption of Nexus Study Sections Affected: Amending 401, 401A, 402, 403, 406, 409, 411A.1, 411A.6, 412.1, 412.4, 413.1, 414.1, 414A.1, 418.1, 420.1, 421.1, 422.1, 423.1, 424.1, 424.6.1, 424.7.1, 430, 433.1, 435.1
195-23	230026	10/16/23	Planning, Subdivision, and Administrative Codes and Zoning Map - Family Housing Opportunity Special Use District Sections Affected: Adding 249.94
202-23	230922	11/12/23	Planning Code - Landmark Designation - Colombo Market Arch Sections Affected: Art. 10, App. A
225-23	220709	12/10/23	Planning Code - Nighttime Entertainment Castro Street Neighborhood Commercial District Sections Affected: Amending 715
238-23	230924	1/4/24 Oper. conditional	Planning Code, Zoning Map - Non-Profit Arts Education Special Use District Sections Affected: Adding 249.8
241-23	230505	1/13/24 Oper. conditional	Planning Code, Zoning Map, Local Coastal Program Amendment - Wawona Street and 45th Avenue Cultural Center Special Use District Sections Affected: Adding 249.96
---	---	---	---
248-23	230446	1/14/24	Planning and Subdivision Codes, Zoning Map - Housing Production Sections Affected: Amending 102, 121, 121.7, 132, 134, 135, 140, 145.1, 202.2, 204.1, 206.3, 206.6, 207, 209.1, 209.2, 209.3, 209.4, 210.3, 249.77, 249.92, 305.1, 311, 317, 406, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 721, 722, 723, 724, 725, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 738, 739, 740, 742, 743, 745, 750, 751, 752, 754, 755, 756, 758, 759, 760, 762, 810, 811, 812; Repealing 121.1, 121.3, 132.2, 253, 253.1, 253.2, 253.3; Adding 121.1, 121.3, 249.97
249-23	230701	1/14/24	Planning Code - Citywide Expansion of Allowable Commercial, Restaurant, and Retail Uses Sections Affected: Amending 102, 186, 201, 202.2, 202.9, 209.1, 209.2, 209.4, 210.3, 231, 249.60, 249.64, 303.1, 303.2, 311, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 738, 739, 740, 741, 742, 743, 744, 745, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 761, 762, 763, 764, 780.1, 780.3, 781.1, 781.6, 781.7, 781.9, 810, 811, 812; Repealing 179.2, 781.5

2024	Col2	Col3	Col4
---	---	---	---
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
2-24	230704	2/19/24	Planning Code - Fleet Charging Locations and Parcel Delivery Service Sections Affected: Amending 102
3-24	230706	2/19/24	Planning Code - Revising Public Art Relocation and Removal Requirements for Existing 100% Affordable Housing Projects Sections Affected: Amending 429.1, 429.4
4-24	231033	2/19/24	Planning Code - Landmark Designation - Chata Gutierrez Mural Sections Affected:
Col1	Col2	Col3	Amending Art. 10, App. A
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5-24	231034	2/19/24	Planning Code - Landmark Designation - Carnaval Mural Sections Affected: Amending Art. 10, App. A
7-24	230863	2/19/24	Planning Code - Exceptions from Limits on Conversion of Production, Distribution and Repair, Institutional Community, and Arts Activities Uses in Eastern Neighborhood Plans Areas Sections Affected: Amending 202.8
18-24	231216	3/11/24	Planning Code - Landmark Designation - Westwood Park Entrance Gateways and Pillars Sections Affected: Amending Art. 10, App. A
33-24	231144	3/23/24	Planning, Administrative Codes - Code Corrections Ordinance Sections Affected: Amending 124, 132, 134, 136, 145.1, 145.4, 145.5, 155, 169.4, 188, 202.11, 209.1, 209.3, 210.3, 210.4, 249.92, 270, 302, 305, 308.2, 309, 317, 811, 833, 1110, 1111.1, and Tables in 710 - 745, 750 - 764, 780.1
39-24	231164	4/7/24	Planning Code - Downtown Rail Extension Fee Waiver Sections Affected: Amending 406
41-24	230808	4/13/24	Planning Code, Zoning Map - Family and Senior Housing Opportunity Special Use District Sections Affected: Amending 249.94
47-24	231223	4/15/24	Planning Code - Parcel Delivery Service Sections Affected: Amending 102, 204.3, 210.1, 210.2, 210.3, 210.4, 303, 703, 712, 803.2, 830, 831, 832, 833, 836, 838, 839, 840
48-24	231257	4/15/24	Planning Code - Landmark Designation - Grand Theater Sections Affected: Amending Art. 10, App. A
50-24	231080	4/15/24	Planning Code - Fleet Charging Sections Affected: Amending 210.3
53-24	231258	4/22/24	Planning Code - Housing Production Sections Affected:
Col1	Col2	Col3	Amending 121.1, 121.3, 311
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Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
54-24	240169	4/22/24	Planning Code - Parcel Delivery Service Sections Affected: Amending 102, 204.3, 210.1, 210.2, 210.3, 210.4, 303, 703, 712, 803.2, 830, 831, 832, 833, 836, 838, 839, 840
58-24	231256	4/22/24	Planning Code, Zoning Map - Potrero Yard Special Use District Sections Affected: Amending 270, Adding 249.98
59-24	231079	4/26/24	Planning Code - Density Controls in Three Historic Districts Sections Affected: Amending 210.1, 210.5
60-24	231006	4/27/24	Planning Code, Zoning Map - 900 Kearny Street Special Use District Sections Affected: Adding 249.95
62-24	230310	4/28/24	Various Codes - State-Mandated Accessory Dwelling Unit Controls Sections Affected: Amending Secs. 102, 134, 136, 138.1, 140, 155.1, 172, 207, 207.6, 207.7, 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 210.4, 307, 311, 710 - 745, 750 - 764, 827 - 840, 1005, 1110; Adding Secs. 207.1, 207.2
63-24	231045	4/28/24	Planning Code - Landmark Designation - Sacred Heart Parish Complex Sections Affected: Amending Art. 10, App. A
64-24	231185	4/28/24	Planning, Administrative Codes - Conditional Use Authorization for Removal of Unauthorized Unit Sections Affected: Amending 176, 317
68-24	240070	5/5/24	Planning Code - Exceptions and Extensions for Existing Uses Sections Affected: Amending 190, 191, 205.2, 242, 415A.2, 607.1, 838
70-24	231225	5/6/24	Planning Code - Tobacco Paraphernalia Establishments in North of Market SUD and Lower Polk Street NCD Sections Affected: Amending 102, 209.3, 210.2, 249.5, 744
85-24	231221	5/27/24	Planning Code - Citywide Expansion of Allowable Commercial, Restaurant, and Retail Uses Sections Affected:
Col1	Col2	Col3	Amending 186, 202.2, 209.1, 209.2, 209.4, 231, 303.1, 722, 723, 781.9
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94-24	240199	6/10/24	Planning Code, Zoning Map - Treasure Island/Yerba Buena Island Sections Affected: Amending 249.52
96-24	240089	6/17/24	Planning Code - Landmark Designation - San Francisco Fire Station No. 44 Sections Affected: Amending Art. 10, App. A
105-24	240260	6/24/24	Planning Code - 900 Kearny Street Special Use District Sections Affected: Amending 249.95
111-24	240228	7/14/24 Oper. conditional	Planning Code, Local Coastal Program Amendment - Wawona Street and 45th Avenue Cultural Center Special Use District Sections Affected: Amending 249.96, 330.9, 330.10
113-24	240193	7/14/24 Retro. 3/30/24	Planning Code - Parcel Delivery Service Sections Affected: Amending 102, 204.3, 210.1, 210.2, 210.3, 210.4, 303, 703, 712, 803.2, 830, 831, 832, 833, 836, 838, 839, 840
117-24	240263	7/22/24	Planning Code - Divisadero Street Neighborhood Commercial Transit District Sections Affected: Planning Code: Amending 759
119-24	240353	7/22/24	Planning Code - Landmark Designation - The Gregangelo Museum Sections Affected: Amending Art. 10, App. A
169-24	240411	8/12/24	Planning Code - Polk Street Neighborhood Commercial District Sections Affected: Amending 121.2, 723
177-24	240474	8/17/24 Retro. 6/1/24	Building, Planning Codes - Existing Awning Amnesty Program Sections Affected: Amending 187.3
187-24	240173	8/26/24	Planning Code, Zoning Map - RED and WMUG Districts, Rezone 135 Kissling Street Sections Affected: Amending 803.9, 827, 829, 835, 839
204-24	240409	9/1/24 Oper. 9/1/24	Planning Code, Zoning Map - Stonestown Mixed Use District, Special Use District, Height and Bulk District, Special Sign District Sections Affected: Amending 201, 604, 608, Adding 249.9, 263.36, 608.10 Variant Sub-Area as shown in Figure 249.9-1 is conditionally oper.
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223-24	240725	10/14/24	Planning Code - Landmark Designation - Rainbow Flag at Harvey Milk Plaza Sections Affected: Amending Art. 10, App. A
240-24	240438	11/18/24	Planning Code, Zoning Map - Establishing the 555 9th Street Special Sign District Sections Affected: Amending 607.2, Adding 608.12
250-24	231268	12/8/24	Planning Code - Eliminating Public Art Requirement for 100% Affordable Housing Projects Sections Affected: Amending 429.2
252-24	240806	12/8/24	Public Works Code, Planning Code - Fee Waiver for Vicha Ratanapakdee Mosaic Stairway
256-24	240727	12/15/24	Planning Code; Zoning Map - New Asia Senior Housing Special Use District - 758 and 772 Pacific Avenue Sections Affected: Amending 812; Adding 249.19; SU01
258-24	240802	12/15/24	Planning Code - Authorize Increases to the Affordable Price and Income Limits for Certain Below Market Rate Owned Units and Require Amenities to be Resold with Unit Sections Affected: Amending 167, 401, 415.8
278-24	240879	1/19/25 Oper. 1/19/25	Planning Code - 524 and 530 Howard Street - Transit Center District Open Space Impact Fee Waiver for 524 Howard Street, LLC
292-24	230596	1/19/25	Planning Code - Minimum Densities for Residential Projects in RM, RC, and RTO Districts Sections Affected: Amending 209.2, 209.3, 209.4
294-24	240931	1/19/25	Planning Code, Zoning Map - 2301 Chestnut Street Special Sign District Sections Affected: Amending 607.1; Adding 608.17
297-24	241055	1/19/25	Building, Planning Codes - Code Corrections and Updates Sections Affected: Amending 102, 132, 134, 136, 206.6, 207.1, 207.2, 209.1, 249.5, 303, 303.1, 311, 317, 723, 810, 811, 812, 830 - 840
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302-24	241103	1/19/25	Planning Code - Landmark Designation - Ladies’ Protection and Relief Society (3400 Laguna Street) Sections Affected: Amending Art. 10, App. A

2025	Col2	Col3	Col4
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Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
*Ord. No.*	*File No.*	*Eff. Date*	*Short Title and Code Sections Affected*
1-25	240872	3/3/25	Planning Code, Zoning Map - 30 Van Ness Avenue Special Use District; Amendment of Agreement for Sale of Real Estate Sections Affected: Adding 249.99
2-25	240903	3/10/25	Planning Code - Health Service Uses in West Portal Neighborhood Commercial District Sections Affected: Amending 121.2, 729
12-25	240929	3/17/25	Planning Code - 99 Rhode Island Street Sections Affected: Amending 210.3
19-25	240873	4/4/25	Planning, Health Codes - Inclusionary Housing Ordinance, Non- Potable Water Exemption Sections Affected: Amending 415.6
20-25	240927	4/7/25	Requirements for Non-Residential to Residential Conversion Projects Sections Affected: Amending 210.5, 406
21-25	240932	4/7/25	Planning Code - Third Street Alcohol Restricted Use District Sections Affected: Amending 249.62, 737
23-25	241121	4/7/25	Planning Code, Zoning Map - Leland Avenue Neighborhood Commercial District
Col1	Col2	Col3	Sections Affected: Adding 746; Amending 121.2, 607.1
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37-25	240787	5/4/25	Planning Code, Zoning Map - Central SoMa and Transit Center District Commercial Development Requirements Sections Affected: Amending 249.78, 303, 309, 329, 419.6, Repealing 248
38-25	241021	5/4/25	Planning Code - Window Replacement Standards Sections Affected: Adding 136.2
39-25	241067	5/4/25	Planning, Building Codes - Interim Housing in Hotels and Motels Sections Affected: Adding 202.15; Amending 317
40-25	241173	5/4/25	Planning Code - Continuation of Nonconforming Public Parking Lots in CMUO and MUR Sections Affected: Amending 156, 184
44-25	250069	5/4/25	Planning Code - Conversion of Residential Hotel Rooms to Tourist Hotel Rooms at 447 Bush Street Sections Affected: Amending 210.2
47-25	250125	5/18/25	Planning Code, Zoning Map - 600 Townsend Street West Special Use District Sections Affected: Amending 249.45, 803.9, 838; Adding 249.10
55-25	241196	6/2/25	Planning Code - Production, Distribution, and Repair Districts Sections Affected: Amending 210.3
61-25	250100	6/2/25	Planning Code, Zoning Map - 3250 19th Avenue Special Sign District Sections Affected: Amending 607.1; Adding 608.18
62-25	250101	6/1/25	Planning Code - Removing Conditional Use Requirement for Formula Retail Uses on Van Ness Avenue and for Certain Pre- existing Formula Retail Uses Sections Affected: Amending 178, 209.3, 303.1
64-25	241210	6/9/25	Planning Code - Notice for Housing Element Rezoning
Col1	Col2	Col3	Sections Affected: Amending 333
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69-25	241208	6/9/25	Planning Code - Entertainment Uses in South of Market Sections Affected: Amending 249.39, 833, 836, 840
73-25	241198	6/16/25	Planning Code, Zoning Map - Alexandria Theater Special Use District Sections Affected: Adding 249.4, 263.14
92-25	250099	7/21/25	Planning Code - Health Service Uses and Reproductive Health Clinics in the Mixed Use-Office District Sections Affected: Amending 121.6, 832
97-25	250140	7/28/25	Planning Code, Zoning Map - Projecting Signs in Neighborhood Commercial and Residential-Commercial Districts Sections Affected: Amending 607.1; Repealing 608.17
98-25	250257	7/28/25	Planning, Building Codes - Interim Housing in Hotels and Motels Sections Affected: Amending 202.15, 317
114-25	250538	8/17/25	Planning Code - Priority Processing for Certain Commercial Uses Sections Affected: Amending 303.2
115-25	250539	8/17/25	Building, Planning Codes - Existing Awning, Sign, and Gate Amnesty Program; Design Standards for Gates, Railings, and Grillwork Sections Affected: Amending 145.1, 187.3
116-25	250540	8/17/25	Planning Code - Temporary Use Authorizations Sections Affected: Amending 205, 205.1, 205.2, 205.3, 205.4, 205.5; Repealing 205.6; Renumbering 205.7 and 205.8 as 205.6 and 205.7
124-25	250542	9/1/25	Planning Code - Fenestration, Transparency, and Sign Requirements Generally; Sales and Service Uses in the C-3 and RC Districts Sections Affected: Amending 124, 145.1, 145.4, 209.3, 210.2, 249.78, 401, 406, 602, 604, 606, 607, 607.1, 607.2, 608.14, 803.9
146-25	250284	9/5/25	Planning, Building Codes - Noncomplying, Unpermitted, and Accessory Structures
Col1	Col2	Col3	Sections Affected: Amending 136, 188; Adding 188.1
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170-25	240803	10/6/25	Planning, Building Codes - Unauthorized and Rent-Controlled Dwelling Units Sections Affected: Amending 175, 176, 206.3, 206.5, 206.6, 207, 207.1, 249.94, 306.1, 317
171-25	250191	10/6/25	Planning and Building Codes - Amnesty for Properties in the Department of Building Inspection’s Internal Quality Control Audit Sections Affected: Adding 187
173-25	250634	10/6/25	Planning Code - Use Size Limits Sections Affected: Amending 121.2, 121.6, 178, 186.1, 209.1, 209.2, 209.3, 209.4, 210.1, 210.2, 210.3, 210.4, 710 - 714, 715, 716 - 721, 722, 723, 724 - 728, 729, 730 - 746, 750 - 757, 758, 759 - 764, 780.3, 827, 829, 831, 832, 834; Adding 121.5
188-25	250680	11/6/25	Planning Code - Waiving Certain Development Impact Fees in the Market and Octavia Area Plan Sections Affected: Amending 249.33, 341.5, 401, 406, 416.3, 421.3, 424.3, 425.2
194-25	250919	11/16/25	Planning Code - Landmark Designation - Mint Mall and Hall at 951- 957 Mission Street Sections Affected: Amending Art. 10, App A

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
196-25	250657	11/24/25	Building and Planning Codes - Development Impact Fees for Residential Development Projects Amending 402, 403, 411A.3, 413.5, 424.6.2, 424.7.2, 425.2
197-25	250697	11/27/25 Oper. 11/27/25	Planning Code, Zoning Map - 530 Sansome Mixed-Use Tower and Fire Station Special Use District Adding 249.11, 304.8, Amending 1004

New Ordinances

Publisher's Note: The following table lists all ordinances affecting the Planning Code that have been passed by the Board of Supervisors but that are not yet effective (or operative, as the case may be). The table includes links to the amending ordinances (as maintained in PDF format on the Board of Supervisors' web site) and to the code sections affected. For other legislation, including older ordinances and those affecting other codes, please refer to the Comprehensive Ordinance Table or the Board's "Legislation Passed" web site.

Ord. No.	File No.	Eff. Date	Short Title and Code Sections Affected
201-23	230855	11/12/23 Oper. 11/1/23 * Oper. 11/21/26	Planning, Administrative Codes - Development Impact Fee Reductions Sections Affected: Adding 415A - 415A.6, 415B - 415B.5; Amending 403, 415.10; 415.3, 415.5, 415.6, 415.7, 419.3, 419.5, 428, 428.3
214-25	250716	12/05/25	Planning Code - Permitting Outdoor Handwashing, Vacuuming, and Detailing of Automobiles in the Geary Boulevard NCD Amending 102, 202.2, 739