HOUSING COMMITTEE REPORT relative to Los Angeles Neighbors in Action v. City of Los Angeles

CF 16-0348  at City Council Received and Filed item   (13 – 0 – 2)

CONTINUED CONSIDERATION OF HOUSING COMMITTEE REPORT relative to Los Angeles Neighbors in Action v. City of Los Angeles, Los Angeles Superior Court Case BS150559 Second Dwelling Units and 2716 Krim Drive.

Recommendations for Council action:

REPEAL the City’s Second Unit Ordinance codified at Los Angeles Municipal Code Sections 12.24 W.43 and W.44.

DECLARE any building permit for a second unit issued pursuant to the 2003 correspondence issued by the Department of City Planning (DCP) and Los Angeles Department of Building and Safety (LADBS) or the 2010 memorandum issued by the Chief Zoning Administrator of the DCP to be valid and effective if the permit otherwise complies with all State and local laws.

DIRECT the DCP to take any steps necessary to implement this action as soon as possible, and to report on the feasibility of restrictions in single-family zones to preserve neighborhood aesthetics and to require homeowner occupancy of primary residence.

DIRECT the LADBS to continue to allow inspections and plan checks for second dwelling unit permits issued prior to February 25, 2016, and to advise property owner permit applicants that the Court Order and judgment are still pending.

NOTE and FILE the City Attorney report to Council dated March 23, 2016 relative to Los Angeles Neighbors in Action v. City of Los Angeles, Los Angeles Superior Court Case BS150559 Second Dwelling Units and 2716 Krim Drive.

Fiscal Impact Statement: None submitted by the City Attorney. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

Community Impact Statement: Yes.
Against, unless Amended: Northwest San Pedro Neighborhood Council

(The City Council may recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1) to confer with its legal counsel relative to the case entitled Los Angeles Neighbors in Action v. City of Los Angeles, Los Angeles Superior Court Case BS150559. (This matter arises from a challenge to the City’s policies and practices of applying state law’s ministerial standards for approving second dwelling units, i.e. so-called granny flats, and policies and practices regarding front yard setback requirements applied to certain hillside streets.))

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