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Code Section: 242(e)(2)(C)
Subject: Bernal Heights SUD rear yard averaging
Effective Date: /95
Interpretation:
This Subparagraph states that a building may intrude into the required rear yard to the extent that an adjacent building intrudes provided the intrusion is no wider than half the width of the lot and placed in such a manner that the Zoning Administrator determines provides optimal light and air to the subject and adjacent properties and provided, "the coverage resulting from the intrusion must be offset by other-wise permitted coverage." The offset referred to is an amount of unbuilt area located in the buildable area at the rear of the building which unbuilt area is equal to the area of the intrusion. This subparagraph does not indicate whether the unbuilt area must extend from the ground. Normally, Code provisions apply only to new construction. Therefore, a second-story addition may take advantage of this averaging rule by providing a compensating setback at the rear of the second story even though the legally existing first floor does not provide this compensation.
Code Section: 242(e)(2)(C)(i)
Subject: Bernal Heights, rear yard, lots adjoining vacant lots
Effective Date: 4/94
Interpretation:
This Section allows portions of buildings in the residential districts of the Bernal Heights Special Use District (SUD) to extend to the depth of the deepest adjacent building but only on the half of the subject lot next to the deepest building. The question arose about what rear yard reduction rules apply if the adjacent lot is vacant. In regular residential districts with a 45 percent rear yard requirement, an adjacent vacant lot may be counted in averaging the rear yard on a subject lot. However, the Bernal Heights SUD rear yard reduction language says, "A building may intrude into the required rear yard up to the extent that an adjacent building intrudes." Since the reduction rule is in effect only if there is an actual adjacent building that intrudes into the rear yard, a vacant lot will not allow the subject building to extend further on the half of the lot next to the vacant lot.
Code Section: 242(e)(2)(C)(ii)
Subject: Rear yard requirement in Bernal Heights SUD
Effective Date: 6/92
Interpretation:
This Paragraph should read, "Any part of a front setback exceeding five feet may be applied to the amount required for satisfying the
required rear yard requirement." The underlined word does not appear in the legislation but the intent was that it should.
Code Section: 242(e)(4)
Subject: Bernal Heights SUD parking requirement
Effective Date: 8/91
Interpretation:
This Paragraph requires parking in the Bernal Heights Special Use District based upon the amount of "usable floor area" built or added to a building. The definition of "usable floor area" (any floor area with five feet or more clearance) in Subsection 242(d) includes floor area that may not be considered habitable under the Building Code. Parking will not be required if such floor area is converted to habitable space because this space had already been counted as usable floor area and not added by conversion. If a project also includes the construction of additional floor space or the conversion of floor space formerly having less than five feet clearance, there would be an addition of usable floor area and may be subject to additional parking pursuant to the chart and provisions of this paragraph.
Code Section: 242(e)(4)
Subject: Bernal Heights SUD parking requirement
Effective Date: 11/96
Interpretation:
This Paragraph requires parking in the Bernal Heights Special Use District based upon the amount of usable floor area built or added to a building. There is nothing in this paragraph nor in its superior subsection or section that indicates that the parking provisions apply only to dwellings and not to other uses allowed in the RH Districts. However, from the Zoning Administrator's participation in the discussions leading to the legislation, it is clear that the parking provisions were intended to apply only to dwellings. Therefore, uses other than dwellings in the Bernal Heights Special Use District shall be required to provide parking according to Table 151.
Code Section: 243(c)(4)
Subject: Van Ness Avenue Special Sign District
Effective Date: 8/90
Interpretation:
This Section references the Van Ness Avenue Special Sign District which was not mapped. The legislative intent was to map the sign district to be coterminous with the Van Ness Avenue Special Use District and that will be the way this Section and Section 607.3 will be administered until such time as the legislative oversight can be corrected.
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