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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.
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