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SR-400-002 (30) r CA RLK:SIS:lcbtt8-19 Councl1 Mtg: 2-14-78 e 'loP --(J 0 2-- Santa rloDlca, Callfornla January 31, 1978 ~B TO: Mayor and Clty Councll fEB 2 8 '973 F ROl>'1: Cl ty Attorney SUBJECT: Ord~nance SubJectlng Two-Story Accessory BU11dlngs in the R-1 Dlstrlct to Use Permlt Procedures Introductlon ThlS report tranSffilts the attached ordlnance for 1ntroductlon and flrst readlng, and publlC hearlng. Background At lts meetlng of January 24, 1978, the Clty Councl1 recelved a reconmendatlon from the Santa Monlca Plannlng CommlSSlon with regard to the above subJect. The attached ordlnance ernbodles that recomrnendatlon ln ordlnance form. The attached ordlnance would requlre a property owner to seek and be granted a Use Perrnlt prlor to developlng two-story accessory structures lD the R-l dlstrlct. By uti11z1ng the Use Perrnlt procedure, the development of such two-story accessory structures would become contlngent upon necessary ffiltlgatlon measures, ln each case, to reduce or ellffilnate adverse effects upon nelghborlng property. A copy of the preV1QUS staff -1- ~8 FEB 2 8 1978 .. .- e TO: Mayor and Clty Councll 0- 2 _ e January 11, 1978 yards and rear portlons of the house are not generally subject to direct vlsibll1ty even where two-story homes are involved. The construction of a second story on an accessory building situated further towards the rear of the lot with wlndows, stalr- ways and even balconles only 4' from a lot line wlll often create a greater sense of lntruslon in adJacent properties by reason of the fact that Vlews from such structures are directed towards the rear portions of neighborlng homes rather than in the dlrection of back property Ilnes. In the past year a number of complalnts have been conveyed to the staff and Plannlng Com- ffilss10n regarding second-story accessory bUlldings. The Commlssion recommends that two-story accessory structures ln the Rl Dlstrict be permltted only by Use Permlt which would have the effect of permlttlng nelghbors to have knowledge of and react to a planned 2nd-story accessory structure and allow mltigatlon measures to reduce or eliminate any adverse effects, such as w1ndow placements, door requirements, height and roof controls to assure that the neighbor's enJoyment of his property will not be impaired. The proposed amendment does not eliminate second-story accessory buildlngs but does require that their irn- pact on a neighborhood be evaluated before construction is permltted. Alternatlves Under Section 9149 of the 11unic1pal Code, the Clty C~uncil may adopt all or any part of any change or amendment recommended by the Plannlng Commlss10n and the Council has the alternatives ~ e e TO: Mayor and Clty Council - 3 - January 11, 1978 of favorably considerlng the Commisslon's suggestion by direct- lng the City Attorney to prepare the necessary ordinance to accompllsh th~s or reject the Planning Comm~ssion's recommendation and leave the ordlnance as presently wr~tten. The pros In favor of accepting the Planning Comrnisslon's recom- mendations lnclude the addltion of better control on the location and construction of 2-story accessory buildlngs w~thout totally ellminatlng such structures whl1e at the same time gainlng in- creased assurance that any adverse effect on neighbors will be substantially reduced or eliminated. The cons lnclude increased procedures and costs for home owners and that admlnlstration may not be equitable in every case because of personal confllcts or varYlng sensltivity on the part of different situatlons. Fee for a varlance application 15 $125.00. Recommendation In view of an apparent increased lnterest in second-story acces- sory constructlon and the need to maintain the Quallty of Llfe in the Rl Dlstrict, lt lS respectfully recommended that the Clty Council accept the recommendations of the Plannlng Commission by dlrectlng the City Attorney to prepare the necessary ordinance and return It for consideration ln the usual course. Prepared by: James Lunsford JL:bt .