RESOLUTION ENDORSING A SYSTEM OF REQUIREMENTS FOR NEW CONSTRUCTION OF COVERED DWELLING UNITS, THAT ALL PUBLIC USE AREAS BE MADE ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES.

RESOLUTION #2005 - 04

WHEREAS, the Fair Housing Act and other Federal regulations require, that in new construction of covered dwelling units, all common use areas shall be made accessible to individuals with disabilities, and

WHEREAS, the San Francisco Building Code Chapter 11B requires that in new construction or alteration of publicly-funded covered dwelling units, that all common and public use areas be accessible to individuals with disabilities, and

WHEREAS, the San Francisco Building Code Chapter 11A requires, that in new construction of covered dwelling units, all public use areas be made accessible to individuals with disabilities, and

WHEREAS, the San Francisco Planning Code restricts the height of rooftop elevator penthouses to a 10 feet maximum height for buildings in zoning areas with 45 feet and 65 feet height limitations, and

WHEREAS, the San Francisco Planning Code permits the height of rooftop, elevator penthouses to 16 feet maximum height for buildings in zoning areas with greater than a 65 feet height limit, and

WHEREAS, common use and public use open space is permitted to and may be placed on a rooftop, and

WHEREAS, an elevator cab, and related building and facility structure, requires more than 10 feet of penthouse height to conform to minimum technical requirements of State elevator regulations and Federal and City accessibility regulations to provide access to rooftop, open space for individuals with disabilities,

NOW THEREFORE BE IT RESOLVED, That the Mayor's Disability Council urges the Mayor and the Board of Supervisors to support proposed legislation that permits the minimum height of elevator penthouses to exceed 10 feet in height in zoning districts of 45 feet and 65 feet maximum, but not exceed a maximum 16 feet in height, to provide accessibility for individuals with disabilities to rooftop, common and public open spaces, and that,

The Mayor's Disability Council urges the Mayor and the Board of Supervisors to not adopt additional conditions or restrictions that would tend to delay the regulatory approvals of publicly funded housing projects utilizing this exception that promotes access for people with disabilities, so that the housing can be delivered to the pubic benefit in the most expeditious manner possible.

September 16, 2005 Mayor's Disability Council – ADOPTED

Ayes: 9 Jack Fagan, Jul Lynn Parsons, Norma Block, Richard Ow, Robert Neil, Denise Senhaux, Tatiana Kostanian, Eugene Flannery and Amy Wishnie

Nays: 0

Absent: Elizabeth Grigsby and Ruth Nunez