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.