Code Section: 249.5 (c)(4)

Subject: What is "hotel" in North of Market Residential SUD?

Effective Date: 1994

Interpretation:

   This Paragraph disallows a hotel in the North of Market Residential Special Use District. A situation that meets the definition of group housing under the Planning Code might be called a "residential hotel" by Administrative Code, Chapter 41, the hotel conversion legislation administered by the Department of Building Inspection and may be on that Department's list of units that must be retained as residential units or on their list of units that could be converted to transient units. Nevertheless, such use would still be treated as group housing in the administration of this Planning Code paragraph and therefore, could not be converted to hotel use whether or not authorized by Administrative Code Chapter 41.

Code Section: 260

Subject: Solar Panels (Energy Systems)

Effective Date: 1/07

Interpretation:

   In 2004, the State passed legislation restricting local government review of applications to install solar panels to health and safety requirements. Government Code Section 65850.5(b): "A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install a solar energy system shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety . . ."

   Additionally, Government Code Section 65850.5(a) specifically speaks to design review for aesthetic purposes, stating, "It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes . . ."

   The definition of "solar energy systems" is found in Civil Code Section 801.5, which state: "'solar energy system' means either of the following: (1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. (2) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating."

   Where a project involves more than the installation of a solar energy system or where the installation of the solar energy system would require alterations to the building greater than normally required to install a solar energy system, the City would review the project for more than just health and safety purposes because such work would be beyond the scope of installing a solar energy system.

Thus, under state law, applications to install a solar energy system must be approved administratively after review to determine whether the application meets health and safety standards, even if the solar energy system exceeds the applicable height limit or is on an architecturally significant building, unless there is removal or modification to the building beyond that normally required to install a solar energy system.

Code Section: 260 (a)

Subject: Method of height measurement

Effective Date: 

Interpretation:

   See Interpretation 261(b)(2)

Code Section: 260 (a)(2)

Subject: Height limits, measurement

Effective Date: 9/90

Interpretation:

   See Interpretation 136(c)(22), (23)

Code Section: 260 (a)(2)

Subject: Measurement of curved roof

Effective Date: 2/87

Interpretation:

   This Paragraph contains provisions for determining the upper point to which height shall be measured and says that a pitched roof or "similarly sculptured roof form" shall be measured to its midrise. A curved roof is such "similarly sculptured roof form." In the case where the top portion of a curved roof consisted of a skylight, the skylight is discounted because it is a feature that is exempt from the height limit. Rather, the top of the roof was considered to be the highest extent of the roof before the skylight began and the bottom of the roof was measured from where the building form began its upward and inward curve. Since the top 10 feet of a skylight is exempt from the height limit, the lower point of the skylight exemption measurement must be at this midpoint. Therefore, if the building were built to the maximum height limit, the top of the skylight could be no more than 10 feet above this midrise point.

Code Section: 260 (a)(2)

Subject: Pitched roof, height measurement

Effective Date: 8/88

Interpretation:

   This Section indicates that the height limit of a pitched roof is measured at the midrise of the roof. A roof that is simply a false front, however cannot be considered a pitched roof but rather an ornamental or symbolic feature which is exempt from the height limits only for public or religious buildings. Such building's height would be based upon the actual, weather roof.

Code Section: 260 (a)(2)

Subject: Height measurement of pitched roof

Effective Date: 12/90

Interpretation:

   This Section states that the height of a pitched roof will be its average height. This has been taken to be the "mid-rise" of the roof. The term is further clarified to be an elevation midway between the ridge and the point where the roof meets the wall rather than midway between the ridge and the eave line. Using the eave line as a reference would discourage roof overhangs.

Code Section: 260 (a)(2)

Subject: Measurement of pitched roof

Effective Date: 6/96 (Revised 3/21)

Interpretation:

   This Paragraph says that a pitched roof shall be measured to its midrise. This method of measurement could encourage buildings to be built that have higher roofs than would otherwise be designed in order to maximize the floor area and market potential. This could be done by placing habitable floors within the building volume above the eave line using dormer windows, skylights, or windows on walls surrounded by the pitch of the roof. To neutralize this tendency, in cases where habitable floors occupy the area above the eave line, the point that is the minimum legal ceiling height for occupancy per the Building Code shall be used as a guideline to determine the location of the bottom of the roof for purposes of this paragraph. Additionally, any portion of a building that is legally nonconforming as to height may be occupied by a use that is otherwise permitted.