SR-092496-8APCD•DKW•f.\plan\share\council\strpt\secupc2.wpd
City Council Mtg September 24, 1996 Santa Monica, California
sE~ z ~ ~sr
TO. Mayo' and City Council
rROM: City Planning Staff
SUBJECT: Recommendation to Adopt Urgency Ordinance Allowing Second
Units in the R1 Single Family Residential District By Use
Permit, Pursuant to the Provisions of State Law
INTRODUCTION
This report recommends that the City Council adopt an urgency
ordinance (Exhibit A~ which would allow the development of "second
dwelling units" in the R1 Single Family Residential District. On
August 13, 7995, the Council directed staff to prepare a draft
ordinance and requested the Planning Commission to review and
comment on the matter. The Planning Commission conducted a public
hearing on the matter on September 11, 1996 The Commission's
recommendations are summarized below
BACKGROUN7
The State of California mandates that cities take specific action
related to second dwelling units in single family zones once a
conditional use permit application has been filed for such a unit.
Such an application has been filed. Under State law, the City has
only three options: sEP ~ 4 ~~~
1. Approve or disapprove the application according to e
standards of State law;
2. Adopt an ordinance providing for such units according to
locally developed standards, ar
3. Adopt an ordinance precluding such units containing
findings regarding specific adverse impacts which would be created
by allowing such units
On August 13, 1996, the City Council conducted a public hearing on
the issue of State of California mandates relating to second units
in the single family (R1} district. The attached August 13 Council
staff repoxt (Exhibit D} provides extensive background on this
issue. The City Council unanimously directed staff to prepare a
draft ordinance far review and comment by the Planning Commiss zcn
Staff developed recommendations on second unit regulations ar_d
presented those recommendations to the Planning Commission on
September 11, 1996. The Planning Commission recommended a number
of changes to the staff recommendations, some of which are
supported by staff. In order to provide the Council with maximum
flexibility, staff`s original recommendation zs presented in the
proposed ordinance, attached as Exhibit "A", and alternative
language reflecting the Commission's recommendations are presented
in Attachment B. The Council has the option of accepting ether
recommendation when adopting the ordinance.
Probosed Ordnance
Pursuant to Council direction, the attached ordinance would create
local standards for development of second units which are
consistent wath the restrictions of State law. The proposed
ordinance is attached as Exhibit A.
The ordinance would:
o Define second units and related terms.
o Prohibit separate sale of the second unit.
o Require a deed restriction settang forth the restrictions
for approved second units.
o Require a use permit for the establishment of any second
unit.
o Set development standards for second units. Second units
attached to the main dwelling would be subject to the
development standards applicable to the main dwelling. For
detached second units, there are two proposed sets of
development standards, one for one story structures and one
for two story structures The proposed standards are based
on the existing code standards that apply to one story
accessory living quarters (except for the rear yard
requirements which are the same as the one story accessary
building requirements) and two story accessory buildings
o Establish a minimum and maximum unit size for the seccr~d
unit The minimum size of 220 square feet is the minimum
size allowed under the Uniform Housing Code for efficiency
units and the maximum size of 65D square feet ~s an
appropriate minimum size for a one bedroom apartment and is
consistent with the maximum size currently allowed for one
and two story accessory buildings.
o Establish parking standards for the second units. As
proposed, one space per bedroom would be req'aired for any
second unit
o Occupancy limitations would be imposed to require the owner
of the property to reside on the parcel on which the second
unit ~s located. A second dwelling unit may be occupied as
a residential dwelling unit only if and for so long as tree
owner of record of the parcel of land upon which the secor_d
dwelling unit is located occupies either the primary
dwelling unit or the second dwelling unit
The intent of the proposed ordinance is to carefully control the
development of second units in the single family areas of the City
and to establish development standards that are consistent with the
standards in place for accessory structures. The current
development standards for accessory structures ensure that detached
structures are compatible with the main dwelling and do not
infringe on the privacy of adjacent residents. If the proposed
standards are adopted, staff anticipates that there will be a
limited number of second dwelling units developed in the
foreseeable future. The majority of the units will be conversions
of existing accessory buildings provided that parking and the
setback requirements can be met. Second units which could qualify
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under the proposed ordinance would have to address a range of
concerns and would be required to be integrated into the framework
of the existing neighborhood
Planning Commission Recommendations
The Planning Commission conducted a public hearing on September 11,
1996 and unanimously recommended adoption of the proposed ordinance
with several modifications that are contained in Exhibit B.
Changes recommended by the Commission include the following:
1. Change the parking requirement from one space per bedroom,
with no tandem parking spaces allowed, to require no spaces
for a second unit of 300 square feet or less, and requiring
one space for units greater than 300 square feet, and allowing
such space to be provided in a tandem in the driveway and an
compact format. The Commission also recommended that the
ordinance provide for elimination of the parking requiremen4
if the applicant can demonstrate that due to site conditions
or lack of neighborhood parking demand, a parking space for
the unit is not needed. The Commission felt that these
parking standards were appropriate, given the typical nature
of second dwelling units, many of which may be occupied by
relatives of the residents of the moan residence or by
domestic help; as well as the small allowable size of second
units. Staff supports this recommendation.
2. Due to the interaction of the second unit standards wat±~
the existing standards for two-story accessory structures, the
Commission recommended an adjustment an the maximum square
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footage of second units constructed atop garages so that a
second unit could achieve a reasonable size. The Commission
recommended that a second unit above a standard garage have up
to 300 square feet. In practice, this would allow an increase
of approximately 50 square feet above what staff is
recommending as the maximum size for a second story unit.
Staff supports this recommendation.
3. The Commission recommended that, if legally possible, the
ordinance require the initial application for a second unit tc
be made by the property owner/resident of the parcel ar_d
require that owner to reside on the property until a
certificate of occupancy ~s issued on the structure. If that
is not legally possible under the State requirements, the
Commission recommended elimination of the owner occupancy
requirements altogether. The Commission was concerned that a
requirement for continuous owner-residency on the property
would be unenforceable, would create undue and unfair
hardships on both property owners and tenants, and that the
requirement was unnecessary from a policy perspective. Upon
exam~nat~on of the issue, the City Attorney's Office believes
that limiting the owner-occupancy requirement to the applicant
is legally vulnerable. In the recent decision of Sounheim v.
City_ of Dimas, Cal. App. 4th 55 Cal Rptr. 2d 290(1995)
the Court interpreted 55852.2 (b) to allow owner-occupancy
requirements to run with the land on the basis that a land use
permit "may be conditioned on the character of the property as
owner-occupied but not on the character of the applicant as an
owner-occupant," and that the condition should run with the
land. Td. Based on this information, staff does not suppor~
the Planning Comrn~ss~ons alternative recommendation to
eliminate the owner occupancy requirements. Staff believes
this requirement is appropriate to maintain the character of
the single family districts and to minimize disruptions to
adjacent neighbors.
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Anoroaches of Other Jurisdictions
In researching this zssue, staff has contacted a number of
Jurisdictions throughout California. Several nearby cities appear
to be ~n situations similar to that of Santa Monica ^hey
effectively prohibit second units, but they have not complied with
State law by making the required findings. One local jurisdiction,
Manhattan Beach, explicitly prohibits second units, reciting the
State findings, and challenging the State's authority to regulate
this issue _ A copy of that ordinance zs included as Exhibit C.
Many California cities allow second units, although some of the
ordinances have not been updated to reflect the latest changes in
State law.
Alternatives
The Council may adapt the proposed ordinance as drafted, accept
some or all of the Planning Commission recommendations ar make
other revisions provided they are consistent with the State
requirements The Council`s other option is to direct staff to
prepare an ordnance prohibiting second units The validity of
such an ordinance would depend upon the Council's making the
findings requ~.red by State Law As indicated in the prior staff
report, sufficient evidence has not been presented, nor does staff
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believe such evidence exists, to justify making such findings.
However, it is conceivable that testimony could be presented at the
hearing to support the findings. In the event this occurs, the
Council would have to direct staff to prepare an emergency
ordinance to prohibit second units to return at the October 8, 1996
meeting
BUDGET/FINANCIAL IMPACT
The recommendation of this report would not have budget/financial
impact.
REQQMME~TDAT IDN
It is recommended that the City Council adopt the proposed urgency
ordinance.
Exhibits:
A. Proposed ordinance
B. Planning Commission recommended changes
C. Manhattan Beach Ordinance prohibiting second units
D. August 13, 1996 Council staff report.
Prepa-~ed by: Suzanne Frick, Planning & Community Development
Director
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S
ATTACHMENT A
CA:f:muni\laws\mhs\secondu
City Council Meeting 9-24--96
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING STANDARDS
FOR THE ALLOWANCE OF SECOND UNITS IN THE R1
ZONING DISTRICT ON AN INTERIM BASIS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinas and Puriaose. The City Council finds and
declares:
(a) On June 18, 1996 the City received a Conditional Use
Permit application for a second unit on a property zoned R1.
Pursuant to Government Code Section 65852.2, within 120 days after
receiving such an application, the City must adapt an ordinance
which either allows for second units subject to local regulation,
or prohibits second units and which contains statutorily-required
findings regarding the effect on housing opportunities in the
region and the specific adverse impacts an the public health,
safety and welfare which would result from allowing such units. If
the City does not adopt an ordinance within the statutory period,
the application
standards.
is automatically approved subject to state
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(b} At the August 13, 1996 City Council meeting, the Council
directed staff to prepare an ordinance regulating second units and
for the Planning Commission to review and comment on the proposed
ordinance. The Planning Commission conducted a public hearing on
the proposed ordinance on September 11, 1996, and recommended its
adoption by the Council with certain modifications.
(c} Pursuant to the City's Zoning Ordinance, further formal
action is needed by both the Planning Commission and the City
Council to effectuate an amendment to the Zoning Ordinance to allow
and regulate second units. It is therefore necessary to adopt an
interim ordinance in order to comply with state law and allow
secand units pending completion of the process necessary to amend
the Zoning ordinance. Should the City not adopt an Interim
Ordinance prior to October 16, 1996, pursuant to state law the
conditional use permit application would be automatically approved
if it complied with minimal state standards,
(d) Should secand units become subject to automatic approval
under state law, development incompatible with the proposed local
standards will occur. The local standards to be adopted are all
intended to protect and faster the health, safety and welfare of
the City and its citizens, specifically by allowing for second
units while protecting the character of the City's areas zoned for
single family residences, and minimizing any adverse impacts on
such areas potentially created by the allowance of such units.
(e) For these reasons, pending the adoption of the Zoning
Ordinance amendments, there exists a current and immediate threat
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to the public health, safety, or welfare, and the automatic
approval of second units incompatible with the standards of this
interim ordinance would result in a threat to public health,
safety, or welfare.
(f) The purpose of this interim ordinance is to conform with
the requirements of state law relating to second units in areas
zoned for single-family residences; to allow second units while
protecting the character of the R1 Single Family Residential
District; and to provide reasonable design and development
standards and procedures to foster and protect the public health,
safety, welfare and aesthetic interests of the City.
SECTION 2. Definitions. As used in this Ordinance, these
words have the following definitions:
(a) "Second unit" means an attached or detached residential
dwelling unit which provides complete independent living facilities
for one or more persons and which is located or established on the
same lot on which a single family residence is located on a parcel
zoned for a single-family residence. A second unit shall contain
permanent provisions for living, sleeping, eating, cooking and
sanitation. "Second unit" shall also include an efficiency unit,
as defined in Section 17958.1 of the Health and Safety Code, and a
manufactured home, as defined in Section 18007 of the Health and
Safety Code.
(b) "Existing second unit" means a second unit which has been
developed prior to the effective date of this Ordinance. Existing
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second units shall be considered as either "legal non-conforming"
which means second units which conformed to the standards existing
at the time the unit was developed, or as "non-permitted" which
means units which were developed in a manner inconsistent with the
applicable regulations in effect at the time of development.
SECTION 3. Abnlicability. The provisions of this Ordinance
apply to existing non-permitted second units and to the development
of all new second units. Existing legal non-conforming second
units may remain subject to the provisions of Subchapter 9.04.18 of
the Zoning Ordinance.
SECTION 4. Regulations and restrictions. Notwithstanding any
provisions of the Municipal Code to the contrary, the following
regulations and standards shall apply to second units:
(a) Use Permit required. A Use Permit shall be required for
any second unit. The Use Permit shall be processed in accordance
with the provisions of Part 9.04.20.11 of the Zoning Ordinance. No
Use Permit shall be granted unless the second unit complies with
the provisions of this Ordinance, and unless the findings required
by Part 9.04.20.11 are made. A Use Permit application shall be
subject to the standard fee for Use Permits as set by resolution of
the City Council.
(b) Permitted Zones. Second units shall be permitted in the
R1 Single Family Residential District.
(c) Occupancy and sale limitations. The owner of record of
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the parcel shall reside on the parcel an which the second unit is
located, in either the main dwelling unit or the second unit, as
his or her primary residence. A second unit may be occupied as a
residential dwelling unit, and the Use Permit shall be valid only
if and for so long as this condition is satisfied. The second unit
is not intended for, and shall not be offered for sale separately
from the main dwelling unit, but may be rented.
SECTION 5. Development Standards. Notwithstanding any
provisions of the Municipal Code to the contrary, the following
development standards shall apply to second units;
(a} Lot size. Second units may be developed on any legal
parcel of 5000 square feet or more in the R1 District. Second
units may not be developed on parcels less than 5000 square feet in
area.
(b} Density. Second units may be developed on parcels which
contain no more than one existing single-family residence.
(c} Maximum and Minimum Unit Size. Second units may contain
a maximum of 650 square feet of floor area and a minimum of 220
square feet of floor area.
(d} Parcel coverage. The parcel coverage of the second unit
shall count toward total parcel coverage. The entire parcel shall
conform to the parcel coverage limitation of the R1 District.
(e} Parking recruirements. For second units, one parking
space per bedroom shall be required, with a minimum of one space
per second unit. Tandem parking shall not be permitted unless the
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parcel upon which the second unit is located is less than 30 feet
in width. Parking shall not be located in the front one half of
the parcel. Pursuant to Government Code Section 65852.2(e), the
City Council finds that tandem parking for lats greater than 30
feet in width, and parking in the front one half of the parcel, are
not otherwise permitted for residential uses anywhere else in the
jurisdiction.
(f) Second units attached to the main dwelling. Except as
otherwise provided above, the second unit shall comply with all the
property development standards for the main dwelling.
(g) Detached second units. In addition to the requirements
set forth above, detached second units shall comply with the
following:
(1) One story detached second unit in a building which is
fourteen feet or less in height: The entire building in which such
second unit is located shall comply with the requirements
applicable to accessory structures set forth in Zoning Ordinance
Section 9.04.10.02.100, subsections (b), (c), and (d), and with the
requirements for accessory living quarters set forth in Zoning
Ordinance Section 9.04.12.080, subsections (c),(d), and (g).
(2) Detached second unit in a building which is aver one
story or exceeds fourteen feet in height: The entire building in
which such second unit is located shall comply with the
requirements applicable to accessory structures set forth in Zoning
Ordinance Section 9.04.14.110, subsections (a), (c), (d), (e), and
(g)
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ii its Q i J
(3) No detached second unit shall be located in a
building which exceeds 24 feet in height.
SECTION 6. Design standards. Notwithstanding any provisions
of the Municipal Code to the contrary, the following design
standards shall apply to second units:
(a) The exterior design of the second unit shall be
substantially compatible with that of the main dwelling in terms of
building forms, materials, colors, exterior finishes and
landscaping, The parcel shall retain a single-family appearance
and the second unit shall be integrated into the design of the
existing improvements on the property.
(b) The second unit shall be clearly subordinate to the main
dwelling unit on the parcel by size, location and appearance.
(c) The entrance to the second unit shall not be on the front
or street side yard.
(d) The addresses of both units shall be displayed in a
manner as to be clearly visible from the street.
SECTION 7. Conversion of existing structux'~~.
Notwithstanding any provisions of the Municipal Code to the
contrary, the following provisions regarding conversion of existing
structures shall apply to second units:
(a) Garage conversions. The creation of a second unit
through conversion of all or a portion of a garage shall be
prohibited unless at least two parking spaces in a garage are
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provided far the main dwelling, in addition to the parking required
by this Ordinance for the second unit, and all other provisions of
this Ordinance are met.
(b) Guest quarters and non-garage accessory building
r_onversions. The creation of a second unit through conversion of
all or a portion of a guest quarters or non-garage accessory
building shall be allowed if parking required by this Ordinance for
the second unit is provided, and all other provisions of this
Ordinance are met.
(c) Conversion of existing floor area of the main dwelling.
The creation of a second unit through conversion of part of the
existing floor area of the main dwelling shall be allowed, provided
it does not result in the floor area of the main dwelling being
less than 150 of the floor area of the second unit, or in
violation of the standards of the Uniform Building Code or Uniform
Housing Code.
SECTION 8. Deed Restriction. Prior to issuance of a building
permit, or in the case of an existing second unit, within 45 days
following the effective date of approval of a Use Permit, the
applicant shall record a deed restriction with the County Recorder
in a form approved by the City Attorney setting forth the
requirements of this Ordinance, including the applicable occupancy
and sale restrictions. This deed restriction shall run with the
land.
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SECTION 9. Compliance with other laws. Except as modified by
this Ordinance, a second unit must meet the requirements of the
Zoning Ordinance, the Uniform Building Cade, and all other relevant
federal, state, and local requirements.
SECTION 10. Fees for second units. For purposes of
determining fees and other requirements, a second unit shall be
considered an additional unit on the parcel, and fees shall be
determined in accordance with Government Code Section 66000.
SECTION 11. Compliance with this Ordinance by existing nan-
permitted second units. All existing non-permitted second units
must comply with the provisions of this Ordinance, including the
requirement to obtain a Use Permit.
SECTION 12. This Ordinance shall be of no further force or
effect 45 days from its adaptian, unless extended in the manner
required by law.
SECTION 13. This Ordinance is declared to be an urgency
measure adapted pursuant to the provisions of Section 615 of the
Santa Monica City Charter, and Section 9.04.20.16.060 of the Zoning
Ordinance. Yt is necessary for preserving the public health,
safety, or welfare, and the reasons far its urgency are set forth
in the Findings and Purpose section of this Ordinance.
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SECTION 14. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 15. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, Subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any
portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 16. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall cause
the same to be published once in the official newspaper within 15
days after its adoption. This Ordinance shall become effective
upon its adoption.
APPROVED ASS, TO -,FORM:
/1 ti~
I ~~~ ~- ~. ci rit ~ ~ r:L LGc "~ `Y
r
MARSHA MdUTRIE
City Attorney
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ATTACHMENT B
Changes to Second Unit Ordinance recommended by the Planning
commission:
1. Parking Requirements:
Replace Section 5{e) {Pages 5-6} with the fallowing:
{e) Parking requirements. No additional parking shall be
required for second units with less than 300 square feet of floor
area. For second units which exceed 300 square feet of floor area,
one parking space per bedroom, with a minimum of one space per unit
shall be required, unless the applicant demonstrates, and the
Zoning Administrator or Planning Commission on appeal find as a
condition of granting the Use Permit that:
(1} The main dwelling has parking which conforms to
current Zoning Ordinance requirements, and
{2) The existing parking supply in the immediate
neighborhood is sufficient to meet the parking demand created by
the second unit.
Tandem parking, and compact size parking spaces shall be
permitted. Parking shall be allowed in the front half of the
parcel, but not in the front yard setback area.
2. Owner-occupancy requirements:
To limit the requirement to the applicant, replace Section 4(c)
(Pages 4-5} with the following:
Occupancy and sale limitations. The owner of record of the
parcel shall reside on the parcel on which the second unit is
located, in either the main dwelling unit or the second unit, as
his or her primary residence, at the time the application for a Use
Permit is filed. Owner-occupancy is no longer required after
issuance of the certificate of occupancy far the second unit, or,
in the case of existing second units, after the effective date of
approval of the Use Permit. The second unit is not intended for,
and shall not be offered for sale separately from the main
residence, but may be rented.
To remove the owner-occupancy requirement entirely, make the
following two changes:
- Replace Section 4(c)(Pages 4-5) with the following:
Sale limitation. A second unit is not intended for, and shall
not be offered for sale separately from the main residence, but may
be rented.
- Amend Section 8 {Page 8) to delete the reference to "occupancy"
restrictions.
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3. Allowance for a 300 square foot second unit over a standard
two car garage:
Replace Section 5{g){2) (Page 6) with the following:
(2) Detached second unit in a building which is over one story
or exceeds fourteen feet in height: The entire building in which
such second unit is located shall comply with the requirements
applicable to accessory structures set forth in Zoning Ordinance
Section 9.04.14.110 subsections (a), (c), (d), and (e). The entire
building is which such second unit is located shall be a maximum of
six hundred fifty square feet in size, provided, however, that the
Zoning Administrator or Planning Commission on appeal may allow up
to an additional 50 square feet if it finds as a condition of
granting the Use Permit that the additional square footage is
necessary to accommodate a second unit containing 300 square feet
of floor area over a standard size two-car garage.
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ATTACHMENT C
' City of- Manhattan Heath
iii.5Z.865. Accessory dwelling units.
Thu Aug 88 1996 12:33 pm Page 1 of 1
A. P~.~hibition of Second Units. An accessory or second
dwe l l i tsg unit, or "granny beaus i ng'" unit , sha l l nr~t be
allowed on any lot in any RS district wath an existing
sincdle- family duelling. This prohibition is enacted for
the following reasons:
i. While the issue of affordable housing may be a
matter of statewide concern, tl~e adoption aa-d
implementation of program tc provide affordable
housing is a matter of local concern and a
municipal affair. Further, Government Cade Section
651352.1 and 65852.2 are contrary to the municipal
affaars doctrine of Article 11, Section 7 of the
California Constitution and inapplicable to the
Caty of Manhattan Beach.
2. The laity of Manhattan Beach has determined that
second units, including "granny housing ", would not
be an effective means of providing affordable
housing within the city.
3. Although adoption of a prohibition of second units,
including .'granny browsing,', may limit housing
opportunities of the region, the City also has
determined that second ~rnits, including "granny
housing", are inconsistent with the land use and
density policies of the General Tian and bane
specific adverse impacts on public health, safety,
and welfare which justify the adoption of this
prohibition, These impacts include increased
traffic ar~d demand for public services and reduced
pri:sacy and security in residential neighborhoods.
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ATTACHMENT D