Code Section: 307 (g)

Subject: Relief from parking standards in Mixed Use Districts.

Effective Date: 1/91

Interpretation:

   This Paragraph states that the Zoning Administrator may grant relief from the parking "standards" for uses within the Mixed Use Districts. While it was anticipated that such standard would be the requirement to provide parking, one such standard is also the prohibition in Section 204.2 against providing more than the accessory amount of parking. The Zoning Administrator, acting pursuant to this paragraph, could allow more than the accessory amount of parking.

Code Section: 308.1

Subject: Applicant's appeal of a condition of approval

Effective Date: 8/96

Interpretation:

   This Section provides that Commission action on a conditional use can be appealed to the Board of Supervisors. It states that the appeal must have the consent of the owners of at least 20 percent of the property affected and states that when a proposed conditional use is disapproved by the Commission, the property affected shall be the property that is subject to the conditional use application and the property within 300 feet of the subject property. The property affected is considered differently if the application is approved. When one or more of the conditions attached to an approval is appealed by the applicant, it is the same as appealing a disapproval.

Code Section: 311

Subject: Demolition, replacement

Effective Date: 

Interpretation:

   See "Demolition" in the Interpretations - Alphabetical

(see previous version at pages 854A - 856)

Code Section: 311

Subject: Upper floor voids

Effective Date: 1/07

Interpretation:

   Section 311 requires notification for any expansion of a building envelope in RH and RM Districts. There are recognized exemptions from Section 31 notification for fill-ins under existing rooms subject to a total height restriction from grade. There is a common condition (see figure below) where an upper level building space has a roof and is walled in on three sides, typically a balcony. The Zoning Administrator has determined that such fill-ins would not require notice under Section 311 as the building 'envelope' would not expand, i.e. the roof and walls of the building would not extend beyond boundaries set by the existing roof and the walls that now bracket the existing void.

Code Section: 311

Subject: Notification, Change of use for nonconforming/limited conforming uses in nonresidential buildings

Effective Date: 11/08 (Amended 06/09)

Interpretation:

   Planning Code Section 311 requires notification for certain projects in RH and RM districts. Projects subject to the notification requirement include "all building permit applications for demolition and/or new construction, and/or alteration of residential buildings "For the purposes of this Section, an alteration shall be defined as any change in use or change in the number of dwelling units of a residential building, removal of more than 75 percent of a residential building's existing interior wall framing or the removal of more than 75 percent of the area of the existing framing, or an increase to the exterior dimensions of a residential building except those features listed in Section 136(c)(1) through 136(c)(24) and 136(c)(26)." Technically then, uses which are non-residential could be demolished (as defined), expand or change use without notification if they constitute the sole occupancy of a structure in RH and RM districts'. (It is possible that the original legislation did not contemplate this exception to the notification requirements as most allowable nonresidential uses in RH and RM districts, such as schools and churches, are separately subject to discretionary approvals with associated notice, most often Conditional Use approval, for change of use or significant expansions.)

   Section 307 of the Planning Code states the Zoning Administrator may "with the expressed standards, purposes and intent of this Code and pursuant to its objectives, issue and adopt such rules, regulations and interpretations as are in the Zoning Administrator's opinion necessary to administer and enforce the provisions of this Code." In this instance, the ZA believes that it is not logical, nor consistent with the intent of the Code, for conforming uses within residential districts, for example residential buildings that add or subtract units, to be subject to notification requirements while demolitions, expansions or changes in occupancy of non-residential uses, which are generally non-conforming or conditional uses, would not. Therefore, the ZA has determined that notice shall be required under section 311 for all demolitions, expansions and changes of use in RH and RM districts, including those in non-residential buildings.

Code Section: 311 (b)

Subject: Building permit notification, exemptions

Effective Date: 3/96 (Revised 1/14)

Interpretation:

   This Subsection states that the notification requirement of this Section shall apply to those residential building permits to change use or increase the exterior dimension of a residential building in RH and RM Districts except for those features listed in Section 136(c)(1) through 136(c)(24) and 136(c)(26). The Section 136 features referenced are minor additions, representing relatively small or no building volume, or are visually hidden by existing features such as parapets, etc. Since it appeared to be the intention of Section 311 to exempt minor building features from notification, other features that do not increase the "envelope" of a residential building or other minor features may also be exempt from notification though not expressly mentioned as exempt by Section 311. Such features are listed below. These exemptions refer only to the initial notification of a building permit application required by Section 311(b)(2). They do not exempt notification of parties for any public hearing to consider the project. [Note: bold print has no significance other than as an aid in finding the appropriate feature.]

4/96: Since many building features listed in Section 260 are similar to the exemptions of Section 136, certain Section 260 features will also be exempt from the notification requirement. They are:

   (1)   Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structures itself, including chimneys, ventilators, plumbing vent stacks, panels or devices for the collection of solar or wind energy and window-washing equipment, together with visual screening for any such features.

   (2)   Skylights and dormer windows unless they are large, or a size that effectively increases ceiling heights and building volumes.

   (3)   Stage and scenery lofts if they are part of a project that has recently required notice under conditional use authorization.

   (4)   Ornamental and symbolic features of public and religious buildings and structures, including towers, spires, cupolas, belfries and domes, if they are part of a project that has recently required notice under conditional use authorization. NOTE: Items 3 and 4 would probably never occur in residential buildings. They are listed to illustrate the kind of features that would be exempt.

   (5)   Railings, parapets and catwalks, with a maximum height of four feet.

   (6)   Open railings, catwalks and fire escapes required by law, wherever situated.

   (7)   Unenclosed seating areas limited to tables, chairs and benches and associated open railings up to 42 inches high.

   (8)   Flagpoles and flags, clothes poles and clotheslines, and weather vanes.

   (9)   Radio and television antennae where permitted as accessory uses if less than three meters in diameter.

4/96: Dormers: The exemption applying to dormers was further refined by Zoning Administrator Bulletin 96.2 to state that they may be exempt only when they, along with all other features exempt from the height limit and notification on a building collectively do not exceed 20 percent of the roof area; and when each dormer is limited to a plan dimension of eight feet by eight feet, is setback at least three feet from the side property line and 10 feet from the front building wall and, at its highest point is no higher than the peak of the roof nor 10 feet above the height limit, whichever point is lower. Dormers which do not meet these criteria require special review by the Department to determine if they can be exempt from notification and to determine whether they can event be approved within the terms of City Design Guidelines.

4/96: "Fill-ins": The filling in of the open area under a cantilevered room or room built on columns is exempt only if the height of the open area under the room does not exceed one story or 12 feet. The exemption does not apply to space immediately under a deck nor to space under a room known to be illegal.

4/96: "General rule" exemption: Anything not visible from any off-site land or structure is exempt from the Section 311 notification except that which constitutes a "change of use" which Section 311 includes in the definition of an "alteration" subject to this Section. See interpretation 101.1(e) 9/93 for when an addition of a dwelling unit constitutes a change of use.

4/96: Exact replacement: The replacement of a legally existing structure with a structure within the same envelope and location as the structure being replaced is exempt if the demolition and reconstruction are included in the same permit or done as part of the same continuing project so that there is no significant time lapse between the demolition and reconstruction. This exemption is justified because the resulting structure would not be more obtrusive than the structure replaced. This exemption is from the Section 311 notification not from other Code requirements. If the replacement feature is noncomplying, surrounding owners will receive notice of the variance hearing.

4/96: Not exact replacement: A stairway conforming to Paragraph 13(c)(14) is exempt from notification by Section 311(b). The exemption will also apply to a replacement stairway that is required by the Building Code for egress, if it is larger than the stairway it replaces only to the degree required by the Building Code and if the location and coverage are as close as possible to the replaced stairway. The exemption shall not apply if the replacement stairway includes a fire wall while the replaced stairway was not enclosed, unless the fire wall in its entirety adjoins a blank wall or is no higher than a permitted fence.

10/96: The replacement of a legally existing feature or portion of a building with that of a feature that is the same size or smaller is exempt from the notification requirement provided the replacement structure is within the same footprint and envelope as the feature or portion removed and the removal and replacement are approved at the same time. This exemption is justified because the resulting structure would be less obtrusive than the structure replaced. This exemption is from the Section 311 notification not from other Code requirements. If the replacement feature is noncomplying, surrounding owners will receive notice of the variance hearing.

4/96: Renewal of expired permits: No notice is required to renew a permit or issue a new permit to complete a job that has already been substantially completed with permit. "Substantially completed" shall mean that the final envelope of the structure has already been framed in.

7/96: Deck: This Section defines an alteration in such a way as to exclude all permitted obstructions of Section 136(c) except the 12-foot extension. Therefore, a deck that can only be approved pursuant to Section 136(c)(25) would be subject to the notification requirements of this Section. If the deck could be approved pursuant to any other paragraph of Section 136(c), it would not be subject to the notice requirements of this Section.

Code Section: 311 (b)

Subject: Residential permit review procedures for RH and RM Districts; Decks and 311 notification

Effective Date: 4/98; 9/02

Interpretation:

Unenclosed decks and stairs in RH and RM Districts require the notification of neighbors only when:

   (1)   They encroach into the required rear yard via Section 136(c)(25); or when

   (2)   They are decks that are supported by columns and walls other than the building wall to which it is attached and are multilevel or more than 10 feet above grade; or when

   (3)   The Building Code requires a one-hour wall greater than 10 feet in height for the proposed deck and/or stair. [This provision has been modified by policy to apply only to one-hour walls 10 feet or greater to be consistent with the exemption under Section 136 allowing fences of 10 feet or less in rear yards.] 

   Since the adoption of Section 311, San Francisco's Planning Department has required the notification of all new decks, deck enlargements, and stairs over three feet above grade in buildable areas and required setbacks to neighbors of the subject property. This delay in the permit review process has burdened the applicant and Planning Department with added time and costs. Therefore, the Zoning Administrator has reevaluated the need for noticing decks.

   Nowhere in Section 311 does it stipulate that decks, as defined by the Planning Code, be noticed.

SECTION 311. RESIDENTIAL PERMIT REVIEW PROCEDURES FOR RH AND RM DISTRICTS.

(b)Applicability. Except as indicated herein, all building permit applications for new construction and alteration of residential buildings in RH and RM Districts shall be subject to the notification and review procedures required by this Section. Subsection 311(e) regarding demolition permits and approval of replacement structures shall apply to all R Districts. For the purposes of this Section, an alteration shall be defined as any change in use of a residential building or an increase to the exterior dimensions of a residential building except those features listed in Section 136(c)(1) through 136(c)(24) and 136(c)(26).

   A building is defined by Section 102.3 as: BUILDING. Any structure having a roof supported by columns or walls. A structure is defined by Section 102.26 as: STRUCTURE. Anything constructed or erected which requires fixed location on the ground or attachment to something having fixed location on the ground. Therefore, an unenclosed deck and stair does not require notification under Section 311. An unenclosed deck and stair in the subject property's buildable area is a structure not a building and, by definition, does not increase the "exterior dimensions of a residential building." The subsequent addition of walls and/or roof to an existing deck would then require notification under Section 311. Multi-level decks supported by columns or walls other than the building wall to which it is attached would require notification. Multi-level decks which are freely cantilevered and supported only by the building wall to which the deck is attached would not require notification.

   Please note: The Building Department considers decks as "horizontal enlargements" and would notify neighbors prior to issuing the building permit. Therefore, those neighbors who object to the construction of a deck may file an appeal with the Board of Appeals within 15 days after the permit has been issued.