Code Section: 209.5 (a)

Subject: Private soccer field

Effective Date: 12/91

Interpretation:

   In the case where a private school proposed to build a soccer field for the use of their students, such facility would be subject to this Section (which requires a conditional use) rather than Section 209.5(b) (which is a permitted use).

Code Section: 209.6 (a)

Subject: Public Use

Effective Date: 08/09

Interpretation:

   Article 2, Section 209.6(a) describes a public facility as a public structure or use of a nonindustrial character, when in conformity with the General Plan. This section does not further expound on the nature of such public facilities or uses, although public use is further described in other parts of the Code, that were amended after Section 209.6(a) and provide guidance in interpreting the section. Articles 7 & 8 (Sections 790.80 and 890.80) describe a public use as a publicly or privately owned use which provides public services to the community, whether conducted within a building or on an open lot, and which has operating requirements which necessitate the location within the district. Both Articles 7 and 8 also provide some examples of public uses (i.e. museums, libraries, post offices, etc.) Therefore, in drawing from more specific definitions of public use from other parts of the Planning Code and to provide specificity to public use as mentioned in Article 2, the explicit definitions of public use as provided in Articles 7 and 8 shall apply to Section 209.6(a), including the fact that it may be publicly or privately owned.

Code Section: 209.7

Subject: Parking lots in R Districts: When CU required

Effective Date: 4/65

Interpretation:

   This Section allows as a conditional use in RH, RM, and RC Districts, nonaccessory parking in a "community garage." Section 204.5 allows parking in residential districts only as an accessory use which needs to be on the same lot as the principal use. Therefore, parking on the same lot as the use it serves, or on a separate lot immediately adjacent to this lot, will normally not require a conditional use although merger of the lots may be required for this parking to be permitted as an accessory use. Parking under other circumstances such as parking separated from the use it serves by other lots or by streets or alleys will require a conditional use. Parking not on the lot served which is not required parking shall always be considered as a community parking facility requiring a conditional use.

Code Section: 209.7

Subject: Use table, vehicle storage

Effective Date: 1/86

Interpretation:

   This Section allows a community garage in an R District as a conditional use. Parking provided pursuant to Section 159 (parking provided off site) does not require a conditional use pursuant to this Section IF the parking provided per Section 159 is REQUIRED parking. (Any parking provided per Section 159 is, by definition, required parking.)

Code Section: 209.7 (b)

Subject: Access driveway to parking on other lot

Effective Date: 10/91

Interpretation:

   This Section says that an access driveway across a residential lot to serve a lot with a less restrictive zoning is a conditional use in the more restrictive R Districts and a permitted use in the less restrictive R Districts. This Section conspicuously fails to include such access to serve a lot in the SAME zoning district. To conclude therefore, that access to a lot with the same zoning is simply disallowed would be to more strictly limit a less intensive use than the use described by this Section. Therefore, vehicular access serving a lot in the same zoning district is a permitted use in all residential districts.

Code Section: 209.8

Subject: Commercial uses in RC Districts

Effective Date: 8/89

Interpretation:

   This Section allows commercial uses in RC Districts by referencing uses allowed in the C-2 District. Uses allowed in the C-2 District are required by Section 212(a) to be within an enclosed building. Therefore, commercial uses allowed by this Section in RC Districts must be located within an enclosed building.

Code Section: 209.8

Subject: Commercial uses in RC Districts

Effective Date: 4/96

Interpretation:

   A prior determination on this section show below is hereby revoked:

Interpretation: 

This Section allows commercial uses which are principal permitted uses in the C-1 or C-2 Districts to be allowed in the RC Districts either as a permitted or conditional use, depending upon the floor level. This regulation has existed since before the Neighborhood Commercial regulations were adopted. Because the C-1 and C-2 Districts allow some uses that would not be allowed in the Neighborhood Commercial Districts, the RC Districts (which are residential districts) are less restrictive than the Neighborhood Commercial Districts. To alleviate this incongruity, the commercial uses allowed in the RC Districts should be those principal uses allowed on the ground floor of the nearest NC District, measured as prescribed for determining dwelling unit density in C and M Districts by Section 215(a). Therefore, any proposal that does not conform to this method may be reviewed under discretionary review." 

   As explained in the interpretation, it was thought that it would be inappropriate for RC districts, which are Residential districts under the Code, to be more permissive than nearby or adjacent Neighborhood Commercial districts. However, in implementing this rule it has come to the Department's attention that certain high density RC districts would be subject to restrictions that are contrary to well established land use patterns in those areas. For example, the Van Ness Avenue corridor, for much of its length, and the North of Market Special Use District (NOMRSUD) are nearest to the Polk Neighborhood Commercial District (NCD). For reasons unique to the Polk NCD, all restaurants, i.e. small and large self-service and full-service, are prohibited. Imposing the "nearest NCD" rule for RC districts would mean that no new restaurants are permitted along Van Ness Avenue or the NOMRSUD and also that all existing restaurant would become non-conforming. The Zoning Administrator has determined that such restrictions would be excessive and inconsistent with the character and patterns of those districts. Therefore, the interpretation of 4/96 ruling that the controls of the nearest NCD should control use in RC districts is hereby revoked. Commercial uses allowed in RC districts shall be those allowed as principal uses in C-2 districts as provided in Sections 209.8 (c) and (d) of the Code. (Note, there are no extant RC-1 districts so the provisions of 209.8 (a) and (b) relying on C-1 district controls is moot).

   This interpretation also supersedes several interpretations that cite the original interpretation of 4/96, specifically: Section 209.8 (c) "Uses allowed in RC-4 Districts effective 4/88 modified 12/97; 209.8, "Drive-in establishments in RC Districts, effective 5/96; and 607.3(c)(4)(C), "Van Ness Special Sign District, projecting signs," effective 10/97.