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.

Code Section: 209.8

Subject: Drive-in establishments in RC Districts

Effective Date: 5/96

Interpretation:

   This Section allows certain commercial uses under certain conditions in the RC Districts but not "establishments designed primarily for customers arriving at that establishment by private motor vehicle." The intent of such prohibition was to prohibit "drive-in" or "drive-up" type uses, not auto repair uses to which people arrive by but drop off the auto. Therefore, this prohibition does not extend to an auto repair or service which could be permitted in RC Districts if allowed in the nearest NC District. See Interpretation 209.8 Commercial uses in RC Districts 4/96 for reference to nearest NC District.

Code Section: 209.8 (c)

Subject: Uses allowed in the RC-4 District

Effective Date: 4/88...Modified 12/97

Interpretation:

   This Section states that uses "permitted as a principal use in a C-2 District" are principal permitted uses in an RC-4 District on or below the ground floor. It was reaffirmed that the term "principal" refers only to those uses indicated by the symbol "P" in the use charts as an "as of right" use. It includes neither conditional uses nor accessory uses of the C-2 District. Subsequent to Interpretation 209.8 Commercial uses in RC Districts 4/96, this interpretation shall pertain to the nearest NC District, not principal uses in a C-2 District.

Code Section: 212 (a)

Subject:

Effective Date: 

Interpretation:

   See "Building, meaning for `enclosed building rule' /96" in the Interpretations - Alphabetical

Code Section: 212 (a)

Subject: Open uses, C-3 Districts

Effective Date: 3/88

Interpretation:

   This Section prohibits open uses in the C-1 and C-2 Districts whether they be principal or accessory. By implication, therefore, uses can be open in the C-3 Districts. However, open sales are first allowed as a principal use by Section 225(i) in the C-M, M-1 and M-2 Districts. Therefore, open sales would be allowed in the C-3 District only as an accessory use to a conforming principal use on the lot.

Code Section: 212 (a)

Subject: Open uses, pushcart

Effective Date: 5/88

Interpretation:

   This Section requires that in C-1 and C-2 Districts, all uses be conducted within an enclosed building. An exception may be made in the case of a pushcart when it is part of a commercial complex (such as Ghirardelli Square or Pier 39) and is shielded from view from any public right-of-way. (See also Interpretation 240.2(e).)

Code Section: 212 (e)

Subject: C-3 residential conversion/
demolition

Effective Date: 5/90

Interpretation:

   This Section requires a conditional use authorization to demolish a residential use or convert it to nonresidential use in a C-3 District. In the case where two residential hotel units were converted to a communal kitchen, storage and building mechanical space, there had been no conversion to nonresidential use since these uses were accessory to the residential use. Note: This interpretation may not apply to Section 803.5(b) which is worded differently.