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.