Code Section: 173

Subject: Compliance of lots

Effective Date: 3/88

Interpretation:

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

Code Section: 173 (b)

Subject: Lot split, density exceeded

Effective Date: 1/88

Interpretation:

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

Code Section: 174

Subject: Developing ground floor accessory rooms in residential buildings

Effective Date: 

Interpretation:

   See Appendix

Code Section: 174

Subject: Modifications of conditions

Effective Date: 8/96

Interpretation:

   See Interpretation 303(e)

Code Section: 175.6

Subject: Sunset of 'Pipeline' Provisions

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

Interpretation:

   The intent of this Section is to 'provide an orderly transition from prior zoning' [emphasis added] to the new Eastern Neighborhoods controls. While Section 175.9 requires that pipeline projects obtain a site or building permit within 36 months of receiving a final entitlement, there is no initial time limit for such projects to receive required entitlements from the Planning Commission. Nonetheless, it is implicit that the zoning 'transition' in question is not intended to continue in perpetuity. Accordingly, projects which seek authorization under this Section must receive required entitlements from the Planning Commission or Department prior to January 19, 2011, which is two years from the effective date of the Eastern 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.