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Code Section: 207.3(e)(2)
Subject: Expansion of Legalized Dwelling Units Over Permitted Density
Effective Date: 03/23
Interpretation:
See Interpretation 181(c)(2)
Subject: Exemptions, mentally handicapped
Effective Date: 9/02
Interpretation:
Sections 207.4(b), 209(m), 151, 135(d). Exemptions applying to persons with physical handicaps shall apply to persons with mental handicaps.
This supersedes a 1992 Interpretation on Section 209(m) that stated, because persons with physical handicaps had difficulty finding housing with suitable design features, there needed to be a financial incentive to build such housing, but because persons with mental handicaps did not need special design features, no such incentive is necessary.
Mental disability shall be included with physical disability in the definition of the term "disability" or "handicap" in the Planning Code, in order to bring the Code into conformance with current state and federal anti-discrimination laws.
The open space and parking reductions described in Section 135(d)(3) and Table 151 of the Code shall also be available to projects designed for and occupied by senior citizens or physically (or mentally) handicapped persons in Neighborhood Commercial Districts (pursuant to Section 207.4(b)) as well as projects in Residential Districts (pursuant to 209.1(m)).
Code Section: 208
Subject: Group housing density when combined with apartments
Effective Date: 7/88
Interpretation:
See Interpretation 209.2
Code Section: 208
Subject: 9/86
Effective Date: Group housing density
Interpretation:
In light of California Supreme Court decision and a City Attorney's opinion regarding the inability for laws to control the number of persons living as a family, the question arose regarding whether the density of group housing could be controlled by the Planning Code. The distinction between group housing and a family was made to the effect that if one pays for a specific room, it is group housing; if one pays into a general pool for the house, one may be part of the definition of "family." This distinction is further elaborated upon in the interpretations under "102above.
Code Section: 209.1
Subject: Dwelling unit density, mixed use
Effective Date: 12/91
Interpretation:
See Interpretation 207.1
Code Section: 209.1
Subject: Regular dwellings versus group housing
Effective Date: 8/95
Interpretation:
A group of persons in need of daily medical care but able to live alone without constant attention wanted to be housed in a legal three-unit building. This situation was treated as the occupancy of regular dwellings versus group housing because the situation conformed to the requirements and limitations of regular dwellings. There were no more than five unrelated persons in any unit; each unit retained its own kitchen, bedrooms and living rooms; parking and yard area requirements for dwellings were observed; and no signage or commercial or institutional activity took place except the visits of medical care personnel which did not require State licensing.
Code Section: 209.1
Subject: Multi-unit residential building on three lots in RH-1 District
Effective Date: 9/95
Interpretation:
This Section states that the RH-1 District would allow one dwelling unit per lot or one dwelling unit per 3,000 square feet of lot area with a conditional use. One unit in a two-unit residential building which covered portions of three legal RH-1 lots totaling about 4,000 square feet was illegal. The Planning Code would allow three units on this site without conditional use if it were vacant, since it consists of three legal lots. The General Plan encourages the retention of existing housing. Therefore, the second, illegal unit in this situation could be legalized without a conditional use authorization.
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