Code Section: 155 (r)(4)

Subject: Curb Cut Restrictions

Effective Date: 3/21

Interpretation:

   Section 155(r) regulates new vehicular access on protected pedestrian, bicycling, and transit-oriented streets. Ordinance No. 277-18 amended this section to expand the requirements for discretionary approvals for new vehicular access on such streets. The controls of Section 155(r)(3)(A) specifically exempt RH, M, NC-S, P, PDR, and SALI districts. The controls of Section 155(r)(4) do not specifically exempt RH, M, NC-S, P, PDR, and SALI districts. However, the text and graphics within the Planning Department’s case report communicate clearly that the intent of the ordinance was to exempt RH, M, P, PDR, and SALI districts from both Subsections (3)(A) and (4). The exemption for the NC-S District was added as an amendment by the Board of Supervisors. The intent to exempt RH, M, P, PDR, and SALI districts from both subsections is further documented in the Planning Department’s Planning Code Summary document for Ordinance No. 277-18, and these exemptions have been implemented as such since the ordinance took effect on December 20, 2018.

   Therefore, the RH, M, NC-S, P, PDR, and SALI districts are also exempt from the controls of Section 155(r)(4).