Code Section: 209.3 (f)

Subject: Child care in RH Districts, removal of kitchen

Effective Date: 6/92

Interpretation:

   This Subsection states that child care for more than 12 children is a conditional use in the RH, RM and RC Districts. The Planning Commission has a policy of discretionary review for the removal of dwelling units under most circumstances. Since a conditional use from the Planning Commission would be required for such child care facility anyway, that removal of the kitchen could be reviewed under that procedure instead of calendaring a separate D.R. case.

Code Section: 209.3 (g)

Subject: Nonprofit school for children with special needs

Effective Date: 2/70

Interpretation:

   A facility which provides an educational program for children with special needs from kindergarten age through eight years old, but which does not function as part of the school district and does not satisfy the requirements of the compulsory education laws, will be classified the same as a regular elementary school per this paragraph for purposes of determining where the use is allowed. Proof of nonprofit and compulsory education aspects can be established bycopies of Articles of Incorporation of the school, a letter from the U.S. Treasury Department and a transfer of pupil statement.

Code Section: 209.3 (h), (i)

Subject: Art school, where permitted

Effective Date: 1/86

Interpretation:

   This Subsection allows either public or private secondary or postsecondary schools in residential districts as conditional uses provided they are not primarily an industrial arts school. A nonprofit art school which does not qualify under the State compulsory education act is allowed as a conditional use in R Districts the same as other schools provided this is not an industrial arts school. The alternative would be to treat private schools as a commercial business but, since this one is nonprofit, these subsections would allow the use even though private.

Code Section: 209.3 (j)

Subject:

Effective Date: 10/94

Interpretation:

   See also Interpretation 204.1 Church as residential accessory

Code Section: 209.5 (a)

Subject: Private soccer field

Effective Date: 12/91

Interpretation:

   In the case where a private school proposed to build a soccer field for the use of their students, such facility would be subject to this Section (which requires a conditional use) rather than Section 209.5(b) (which is a permitted use).

Code Section: 209.6 (a)

Subject: Public Use

Effective Date: 08/09

Interpretation:

   Article 2, Section 209.6(a) describes a public facility as a public structure or use of a nonindustrial character, when in conformity with the General Plan. This section does not further expound on the nature of such public facilities or uses, although public use is further described in other parts of the Code, that were amended after Section 209.6(a) and provide guidance in interpreting the section. Articles 7 & 8 (Sections 790.80 and 890.80) describe a public use as a publicly or privately owned use which provides public services to the community, whether conducted within a building or on an open lot, and which has operating requirements which necessitate the location within the district. Both Articles 7 and 8 also provide some examples of public uses (i.e. museums, libraries, post offices, etc.) Therefore, in drawing from more specific definitions of public use from other parts of the Planning Code and to provide specificity to public use as mentioned in Article 2, the explicit definitions of public use as provided in Articles 7 and 8 shall apply to Section 209.6(a), including the fact that it may be publicly or privately owned.

Code Section: 209.7

Subject: Parking lots in R Districts: When CU required

Effective Date: 4/65

Interpretation:

   This Section allows as a conditional use in RH, RM, and RC Districts, nonaccessory parking in a "community garage." Section 204.5 allows parking in residential districts only as an accessory use which needs to be on the same lot as the principal use. Therefore, parking on the same lot as the use it serves, or on a separate lot immediately adjacent to this lot, will normally not require a conditional use although merger of the lots may be required for this parking to be permitted as an accessory use. Parking under other circumstances such as parking separated from the use it serves by other lots or by streets or alleys will require a conditional use. Parking not on the lot served which is not required parking shall always be considered as a community parking facility requiring a conditional use.