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maintain the required 1,200 square feet of rear-yard open <br />space required for second dwelling units the unit was located <br />above the detached garage. The dwelling unit itself meets <br />both the 10-foot rear yard setback requirement and is below <br />the maximum permitted height for second dwelling units, but <br />because it is located above the garage, a minor exception is <br />required for both the setback requirement and height. <br />2. That the granting of a minor exception is necessary for the <br />preservation and enjoyment of one or more substantial property <br />rights. <br />The minor exception will allow the owner the right to develop <br />the property in a manner encouraged by the State of <br />California, i.e., providing affordable housing in single-family <br />areas. The owner of this residence wishes to execute the <br />project in accordance with the local guidelines and per AB <br />1866, California's law that encourages the construction of <br />second dwelling units as an affordable housing option. <br />3. That the granting of a minor exception wilt not be materially <br />detrimental to the public welfare or injurious to surrounding property. <br />The project will not be materially detrimental to the public <br />welfare because the proposed detached garage will maintain <br />the required five-foot setback from the rear property line and <br />the proposed second dwelling unit will maintain the 10-foot <br />rear yard setback from the rear property line. Additionally, the <br />construction of a garage where one had not previously <br />existed will provide the required parking for both the primary <br />residence and second dwelling unit. Further, the garage and <br />second dwelling unit will be located in the rear of the property <br />which is consistent with the development pattern of the <br />neighborhood including the directly adjacent properties to the <br />north and south. <br />4. That the granting of a minor exception will not adversely affect the <br />General Plan of the City. <br />The project will not adversely affect the General Plan as it is <br />consistent with Policy 1.1 of the Housing Element which <br />encourages the "rehabilitation, repair, and improvement of <br />single-family" structures within the City. Additionally, the <br />project is consistent with Policies 2.4 and 2.5 of the Housing <br />Element as the new unit increases the diversity of housing <br />types and enhances the architecture of the existing structures. <br />Ftesalutian No. 2012-xx <br />Page 2 of 5 <br />