§ 121.7.

RESTRICTION OF LOT MERGERS IN CERTAIN DISTRICTS AND ON PEDESTRIAN-ORIENTED STREETS

In order to promote, protect, and maintain a fine-grain scale of development in residential districts and on important pedestrian-oriented commercial streets which is appropriate to each district, compatible with adjacent buildings; provide for a diverse streetscape; ensure the maintenance and creation of multiple unique buildings and building frontages rather than large single structures superficially treated; promote diversity and multiplicity of land ownership and discourage consolidation of property under single ownership, merger of lots are 1 regulated as follows:

a.

In RTO Districts, merger of lots creating a lot greater than 5,000 square feet shall not be permitted except according to the procedures and criteria in subsections (d) and (e) below.

b.

In those NCT, NC and Mixed Use Districts listed below, merger of lots resulting in a lot with a single street frontage greater than that stated in the table below on the specified streets or in the specified Districts is prohibited except according to the procedures and criteria in subsections (c) and (d) below.



Street or District Lot Frontage Limit
Hayes, from Franklin to Laguna 50 feet
RED and RED-MX 50 feet
Church Street, from Duboce to 16th Street 100 feet
Folsom Street NCT, RCD, WMUG, WMUO, and SALI 100 feet
Market, from Octavia to Noe 150 feet
Ocean Avenue in the Ocean Avenue NCT See Subsection (e)
Inner and Outer Clement NCDs 50 feet
NC-2 districts on Balboa Street between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 38th Avenue 50 feet

Notwithstanding the foregoing, merger of lots in the WMUO zoning district resulting in a lot with a street frontage between 100 and 200 feet along Townsend Street is permitted so long as a publicly-accessible through-block pedestrian alley at least 20 feet in width and generally conforming to the design standards of Section 270.2(e)(5)-(12) of this Code is provided as a result of such merger.

c.

The Zoning Administrator may administratively waive certain lot mergers from the restrictions of Subsections (b) and (c) only when one or more of the following conditions is present:

1.

One of the lots to be merged has total street frontage on the restricted street of less than 20 feet; or

2.

Project sponsor is a government agency or institution subject to Section 304.5 of this Code, and the purpose of the project is for a public facility, public building, or institutional building; or

3.

The project involves normalizing of irregular parcels that are publicly owned or are being transferred from public to private ownership, including lots of the former Central Freeway; or

4.

The lots to be merged contain a pre-existing single building spanning multiple lots; or

5.

The lot merger will enable a specific residential project in which a majority of the units on-site will be affordable as defined by Section 326.3(h)(2).

d.

The Planning Commission may approve, as a conditional use according to the procedures of Section 303, permit mergers exceeding the restrictions of subsections (b) and (c) only when one or more of the following findings can affirmatively be made and the project meets the intent of this Section as expressed in subsection (a):

1.

The lot merger will enable a specific residential project that provides housing on-site at affordability levels significantly exceeding the requirements of Section 415.

2.

The lot merger will facilitate development of an underutilized site historically used as a single use and the new project is comprised of multiple individual buildings

3.

The lot merger serves a unique public interest that cannot be met by building a project on a smaller lot.

e.

In the Ocean Avenue NCT, no lot merger which increases the frontage width of any lot on Ocean Avenue may be permitted except as permitted administratively by Subsection (c) above or with a Conditional Use according to the procedures of Section 303 where such a merger creates a corner parcel for the purpose of accommodating access to off-street from a cross street to Ocean Avenue.

AMENDMENT HISTORY

CODIFICATION NOTE

History

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 92-12 , File No. 111247, App. 5/21/12, Eff. 6/20/12; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013)

Division (b) amended; Ord. 92-12 , Eff. 6/20/12. Section header, undesignated introductory material, and division (b) amended; Ord. 42-13 , Eff. 4/27/2013. Division (d)(1) reference corrected; Ord. 62-13 , Eff. 5/10/2013.

1. So in Ord. 42-13 and previously.

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