Code Section: 102

Subject: "Lot," adjacent lots under single ownership

Effective Date: 4/89

Interpretation:

   This Section states that a lot may consist of one Assessor's lot but may consist of more than one if deemed necessary by the Zoning Administrator in administering the provisions of the Planning Code (such as Section 173of Lots Required. This does not apply to lots which are separated by a separately owned property of any width. Therefore, a lot (6742/27a) which is substandard size and owned by the owner of a lot across a five-foot utility easement could be sold separately since it is not directly abutting the other lot owned by the same party and could not be merged.

Code Section: 102

Subject: "Lot," two lots under one ownership

Effective Date: 10/89

Interpretation:

   This Section states that two or more Assessor's lots may be considered to be one lot if necessary to implement the intent of the Code. A landlocked lot zoned RH-1 was under the same ownership as an adjacent RH-2 lot fronting on a street which supplied an easement to the landlocked lot. A single-family dwelling could be built on the landlocked lot as long as a variance were granted for the rear yard and a Notice of Special Restriction were placed on both lots requiring their being considered one lot for Planning Code purposes.

Code Section: 102

Subject: "Lot," two Assessor's lots as one zoning lot

Effective Date: 5/91

Interpretation:

   See Interpretation 181(a)

Code Section: 102

Subject: "Nighttime entertainment uses," acoustic music

Effective Date: 11/91

Interpretation:

   This Section defines "nighttime entertainment" as activities requiring police permits which allow amplified music. Therefore, non-amplified music is not classified as nighttime entertainment and activities requiring police permits which limit the entertainment to non-amplified performances could be approved for those SOMA districts where nighttime entertainment is not permitted provided the entertainment is accessory to a lawful primary use.

Code Section: 102

Subject: Definition of "Plan dimensions"

Effective Date: 4/87

Interpretation:

   The question was whether balconies and bay windows were included in the measurement of "plan dimension" and "diagonal dimension." It is noted that this Section defines "plan dimension" as the distance between its walls. Since balconies do not incorporate walls and do not enclose building volume, they are not included in the measurement of building bulk but bay windows do incorporate walls and do enclose building volume and therefore, are included in the measurement of building bulk.

Code Section: 102

Subject: "Residential,"

Effective Date: 

Interpretation:

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

Code Section: 102

Subject:   Definition of a Restaurant – Type ABC License

Effective Date:   8/23/17

Interpretation:

   This definition allows a Restaurant to sell beer, wine, and/or liquor for drinking on the premises with ABC license types 41, 47, 49, 59, or 75. In 2016, the California Legislature adopted SB 1285 to create a new type of “neighborhood- restricted” restaurant liquor license, which the California Department of Alcohol Beverage Control (ABC) designated a “Type 87” liquor license.

   Under the law, Type 87 licenses are only available for restaurants, not bars or liquor stores. These licenses are generally subject to the same requirements and privileges as existing restaurant full liquor licenses (“Type 47” licenses).

   Type 87 licenses are initially only available for new or existing restaurants located within a set of enumerated census tracts around seven target San Francisco commercial corridors. Those corridors are Third Street in the Bayview, Mission Street in the Excelsior, Ocean Avenue, San Bruno Avenue, Noriega Street, Taraval Street, and Visitacion Valley.

   A neighborhood-restricted license may not be sold or transferred to any other business or location. When a restaurant with a Type 87 license closes, and its license is cancelled, the ABC is authorized to subsequently issue a new neighborhood-restricted license to a new business, subject to all of the same geographic and other limitations.

   Under the new law, five Type 87 licenses will be available for San Francisco businesses beginning in late summer 2017. These licenses will be available directly from the ABC, and will be issued as part of their annual process of issuing new full liquor licenses for counties statewide.

   The law specifies that application fee for a Type 87 license is set to be the same as for a new Type 47 license, currently set at approximately $14,000. Applicants for Type 87 licenses are required to go through the same application process as for Type 47 licenses, although Type 87 applicants will also be required to hold a pre-application community meeting prior to submitting a completed liquor license application.

   Therefore, because the new Type 87 liquor license is designed to mirror the Type 47 liquor license, and because a Type 47 is permitted as part of a Restaurant, the definition of a Restaurant shall include a Type 87 liquor license and it shall be regulated in the same manner as a Type 47 license.