Item 8-A

Council Meeting: 11-19-96                    Santa Monica, CA

TO:       Mayor and City Council

FROM:     City Attorney

SUBJECT:  Interim Ordinance Allowing Second Dwelling Units in the
          R-1 and OP-1 Zoning Districts Under Specified
          Circumstances, Clarifying the Allowance of Second Units
          in Multi-Family Residential Districts, and Specifying
          Standards for Second Units

Introduction
At its meeting of November 12, 1996, the City Council directed
staff to prepare an ordinance extending and modifying Ordinance
Number 1866 (CCS) relating to second units in the City's R-1, OP-1 and Multi-Family Residential Districts.  The accompanying
ordinance fulfills that direction.

Discussion
The attached ordinance is identical to the ordinance submitted to
the Council on November 12, 1996, except that it is not an
urgency measure.

Staff recommends that the City Council consider making one change
to the ordinance.  At the hearing on November 12, 1996, one of
the speakers cited a recent Court of Appeals decision in support
of his argument that the proposed ordinance would impermissibly
discriminate between renters and non-renters.  Staff has reviewed
that appellate decision.  It is unclear whether a court would
find the speaker's argument persuasive.  However, the issue could
be addressed by eliminating the prohibition against rentals
contained in subsection (l) on page 16 of the ordinance. 
Eliminating this prohibition would also make the ordinance easier
to administer because it would avoid any dispute about whether a
caretaker's services constitute rent.  Moreover, eliminating this
prohibition would not alter the policy decision already made by
the City Council because the limitations on intended and actual
use of second units would remain in place.

RECOMMENDATION
It is respectfully recommended that the accompanying ordinance
with the change suggested above be introduced for first reading.