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.

Code Section: 209.1 (m)

Subject: "Senior citizens" defined

Effective Date: 11/85

Interpretation:

   This Subsection allows a density bonus for housing specifically designed for and occupied by senior citizens. Federal and State guidelines are used in defining "senior citizens" or "elderly" for both subsidized and nonsubsidized housing.

Code Section: 209.1 (m)

Subject: Use table, dwelling

Effective Date: 2/86

Interpretation:

   Section 209.1 describes the density of dwellings allowed as principal permitted or conditional uses in residential districts. This subsection states that dwellings specifically designed for and occupied by senior citizens or physically handicapped persons may have double the density otherwise allowed for the district. The kinds and densities of dwellings allowed in other districts are described elsewhere in the Planning Code. Some of these places refer to the densities of the nearest R District. Some of these places state a specific density limit that corresponds with certain residential districts and yet are silent on the subject of double density. To not allow double density in nonresidential districts under the same circumstances as allowed by this subsection would make some nonresidential districts more restrictive than the residential district to which they are intended to correspond. Therefore, this double density for elderly and handicapped units in R Districts also applies to nonresidential districts.