Item 2 Plain English Joint Living and Work Quarters (JLWQ) in districts other than
manufacturing are "as-of-right," meaning no discretionary zoning
approval is required. Nevertheless, it is advisable to make an
appointment with a zoning official (tel. (510) 238-4799 for a preliminary
review of your project (first run it by your architect). In manufacturing
zones, JLWQ requires securing a minor Conditional Use Permit,
a six-week process which does not require a public hearing unless
appealed; these submissions are rarely ever denied or appealed
by staff.
If you require a variance because, for example, you:
1) want to put a new penthouse on an otherwise "as-of-right" JLWQ,
2) want to exceed height limit, setback, parking or open space
requirements,
3) want to do anything outside of the straight-ahead JLWQ conversion
or home occupation,
you will need to go through a zoning approval process to secure
it. Home Occupation, by the way, would normally require residential
design review. There are no parking requirements under zoning
for JLWQ other than a prohibition on removing or reducing existing
parking; likewise, Section 7020-- the live/work provision in the
Zoning Regulations–does not specify any required open space for
JLWQ.
It should also be noted that while true live/work (as opposed
to home occupation) is only permitted in existing buildings, the
raising of a building's roof specifically to create headroom in
a mezzanine is allowed as long as a full extra level is not being
added. Normally this would mean adding two to five feet in height
in the area of the mezzanines. The text of this zoning code ruling
is reproduced in the appendix.
Whenever you submit any type of project for building permit, you
(or your drawings) are "routed" through the zoning counter. Thus,
requirement #2’s instruction to contact the zoning department
is redundant, but like many aspects of this strange animal called
live/work, the intention is to be totally clear on what is being
applied for, because there are few clear precedents.
Code
The nature of all City Planning approvals required and obtained, including use as JLWQ pursuant to Section 322B.2.1, and show any City Planning conditions of approval within the plans;