SR-400-002 (31)
t( ptJ -- "02--
Santa Monlca, Cal1fornla, January 11, 1978
TO:
Mayor and Clty Councll
)DA
FROM:
Clty Staff
JAN 2 4 1978
SUBJECT: Plannlng Comrnlsslon Recornmendatlon that Two-story
Accessory BUlldlngs in the Rl Distrlct be SubJect
to Use Permlt Procedures
Introduct1on
ThlS report transmits the Plannlng Cornmisslon's recornmendatlon
that two-story accessory bUlldlngs In the Rl Distrlct be made
subJect to the lssuance of a Use Permit.
Background
Zonlng regulatlons coverlng constructlon ln the Rl Dlstrlcts
currently permlt the constructlon of 2-story accessory bUlldings
as a matter of rlght provlded that they are located 4' from a
slde lot Ilne, 25' from either the rear lot Ilne or the center
11ne of a rear alley lf one eXlsts and at least 10' from a maln
dwelllng. Only In cases where a Varlance or other procedure lS
requlred are nelghbors on elther slde or behlnd notlfled of the
contemplated construct1on of a 2-story accessory bUlldlng. In
some instances, the addltlon of a second story to an accessory
bUlldlng on the rear of a property even though conformlng to the
requlred setbacks can have an adverse effect on neighborlng pro-
pertles by reason of reduced prlvacy, shadows and other actlvlty
assoclated wlth the use of the bUlldlng. Most slngle fam11y
dwell1ngs are located at or near the front setback llne and the
loA
JAN 2 4 1978
TO: Hayor and Clty Counc11
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January II, 1978
yards and rear portlons of the house are Dot generally subJect
to dlrect V1Slbl1lty even where two-story homes are lnvolved.
The constructloD of a second story on an accessory bUlldlng
situated further towards the rear of the lot wlth wlndows, sta1r-
ways and even balcoDles only 4' from a lot 11ne wlll often
create a greater sense of lntrusion ln adjacent propertles by
reason of the fact that Vlews from such structures are dlrected
towards the rear port10ns of nelghborlng homes rather than In
the dlrectlon of back property Ilnes. In the past year a number
of cOMplalnts have been conveyed to the staff and Plannlng Com-
ID1SS10n regardlng second-story accessory bUlldlngs.
The Commlsslon recommends that two-story accessory structures
ln the Rl Dlstr1ct be permltted only by Use Permlt which would
have the effect of permltting nelghbors to have knowledge of
and react to a planned 2nd-story accessory structure and allow
IDltlgatlon measures to reduce or ellID1Date any adverse effects,
such as wlndow placements, door requlrements, helght and roof
controls to assure that the nelghbor's enjoyment of hlS property
wl11 not be lmpalred. The proposed amendment does not ellmlnate
second-story accessory bU11dlngs but does require that thelr lm-
pact on a nelghborhood be evaluated before constructlon is permltted.
Alternat1ves
Under Sectlon 9149 of the l1unlclpal Code, the Clty Councl1 may
adopt all or any part of any change or amendment recommended by
the Plannlng Commlsslon and the Council has the alternatlves
TO: Mayor and Clty CounC11
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January ll, 1978
of favorably consldering the Commission's suggestlon by dlrect-
ing the City Attorney to prepare the necessary ordinance to
accompllsh thlS or reject the Plannlng Commlsslon's recommendat1on
and leave the ordlnance as presently wrltten.
The pros In favor of acceptlng the Planning Comrnlssion's recom-
mendat10ns lnclude the addltlon of better control on the locatlon
and constructlon of 2-story accessory bUlldlngs wlthout totally
ellminating such structures wh11e at the same tlme galning In-
creased assurance that any adverse effect on nelghbors will be
substant1ally reduced or ellmlnated. The cons lnclude lncreased
procedures and costs for home owners and that admlnlstratlon may
not be equltable 1n every case because of personal con fIlets or
varYlng sensltlvlty on the part of dlfferent sltuatlons. Fee
for a varlance appllcatlon lS $125.00.
Recommendatlon
In Vlew of an apparent lncreased lnterest ln second-story acces-
sory constructlon and the need to malntaln the QuaIlty of Llfe ln
the Rl Dlstrlct, lt lS respectfully recommended that the Clty
Councll accept the recommendatlons of the Planning CommlSSlon by
dlrect1ng the Clty Attorney to prepare the necessary ordlnance
and return 1t for consideration ln the usual course.
Prepared by:
JL:bt
James Lunsford
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1. The zoning regulatlons currently permit two-story
accessory bU11dings ln the Rl Distrlct provlding they
rnalntaln 41 side yards and 251 rear yards as a matter
of right wlthout special procedures or notification
of neighbors.
2. Two-story accessory buildlngs may have an adverse
effect on the privacy and environment of adJacent pro-
pertles even thou~h they comply with requlred setbacks
and nelghbors do not have an opportunity to request
measures to mltigate any adverse effects on the pri-
vacy or enVlronment.
3. The Rl Dlstrict regulations would be i~~roved by
the requlrement that any two-story accessory bUllding
regardless of location be subject to the Use Permlt
procedures ln order that heiqht, wlndows, entries and
locatlon may be revlewed as to thelr effect on the prl-
vacy and enjo~ent of adjacent yards and uses in order
to assure that adverse effects wlll be ~lnl~ized.
4. The proposed amendMent would have the effect of
requlring two-story accessory buildinqs in the Rl Dis-
trict to be subject to the issuance of a Use Permit
and the adoption of the pro~osed a~endment lS in accor-
dance with the public necesslty, convenience, ~eneral
welfare and good zonin~ practlce.
Sectlon 2. The Clty Planning COMffilSS10n, therefore. recommends
that Section 9l06A-2-6 be deleted and a new Section substltuted
therefor to read as follows:
6. One and two-story accessory buildln~s and uses.
Accessory bUlldings and use, includlng a private garage,
recreation room. and accessory 11v1ng quarters, or any
combination of such uses, provlded that all requlrements
as to location are compIled with as set forth in Section
9128; provlded further that accessorv livinq quarters
shall not be located on any lot having an area of less
than ten thousand (10,000) square feet; and two-story
accessory buildings and uses subject to the lssuance of
a Condltional Use Permit withln the requlrenents of Sec-
tion 9146; a~d or,
Sectlon 3. The Plannlng Cornmlssion further recommends that Section
9146 be amended by the addition of a new sub-sect10n No. 9146AIO
to read as follows~
9146AIO. Permit the construction of two-story accessory bUlldlngs
in the R1 Dlstrlct with such conditlons as are dee~ed
necessary to protect the prlvacy and environment of adja-
cent properties.
I, JAMES LUNSFORD, Secretary of the Santa ~~onica City Planning
Commisslon hereby certify that the above Flndlngs and Recom-
mendations were approved by the Plannlng COMmiSS10n by the
following vote:
AYES:
CommiSSloners Hotchk1ss, Kennedy, Schneider,
Sulllvan and Malcolm
NOES:
None
ABSENT: Commissioners Katz and Savage
~u
~s LUNS~q, Secretary
lty Plann g Commlssion
City of San a Monica
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