Code Section: 242 (e)

Subject: Bernal Heights - Height limits applicable to the rear of the property

Effective Date: 08/09

Interpretation:

   Section 242(e)(1) limits height at the rear of a building on a downsloping lot such that the last eight feet of length cannot exceed 32 feet above grade. This section further limits the obstructions allowed within this height limit. A question arose whether an architectural feature such as a sunshade could be allowed to project over the 32 foot height limit. The height restriction is analogous to the requirement of a chamfer under Planning Code Section 262(c)1. Through interpretation the Zoning Administrator has allowed minor architectural features within this chamfer, since it was not the intent of the Code to impose an architecturally rigid constraint that would restrict minor architectural elements. Furthermore, architectural elements are permitted to project within certain setback areas. Given this precedent, the Zoning Administrator determines that minor architectural features shall be permitted above the 32 foot height limit noted above, and further references the previous interpretation of Code Section 261(c)1 in making this new interpretation. For said features, the obstructions permitted shall be limited to the dimensions of architectural obstructions within setbacks, as noted under Planning Code Section 136(c)3.