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Granny Flats, A Sea Dragon and the New Chamber

By Jorge Casuso

Wednesday, April 28 -- In a decision that could lead to two separate lawsuits, the Santa Monica City Council Tuesday night made permanent an interim ordinance that restricts occupants of second units in single family neighborhoods to relatives and caretakers.


Council Settles Into New Chamber

In a separate measure, the council certified an agreement that restricts the hours of operation for Pacific Park and forces the operators of the fun zone on the pier to pay for patrolling the neighboring area.

The votes - both by 4 to 2 margins - were announced in flashing lights and posted on a screen above the council, two key features of the newly renovated chambers. The high-tech chambers also showcase a lowered dais, which places public speakers on the same plane as their elected officials but restricts visibility from the audience.

It didn't take much, however, to see that the council was headed for a potential lawsuit when it voted to restrict occupants of what are popularly called "granny flats."

Opponents of the measure charged that restricting tenants to family members and caretakers was discriminatory and flew in the face of a state law -- passed to encourage the creation of affordable housing -- that requires that second units be legalized..

"The people that will be able to live there will be basically white people or their servants," said Lou Moench, the co-chair of Citizens Advocating Legal Housing Options (CALHO).

Moench cited 1990 census data that shows there were no African American homeowners living in two of the three census tracts north of Montana. CALHO is contemplating filing a lawsuit charging that the city's policy is unconstitutional because it restricts who can live in the units.

A second suit will likely be filed on behalf of David Rosman, a Sunset Park resident who is renting out a unit behind his single family home. The rental income allows his wife to stay home and care for their mentally handicapped child, he said.

"Our tenants are as good neighbors to us as our other neighbors," Rosman said.

Rosman is represented by prominent land use attorney Chris Harding, who said his client is prepared to file a lawsuit challenging the ordinance.

"We do not believe it's lawful, nor appropriate, nor fair to dictate who they can live with," Harding told the council.

After hearing from a dozen constituents, most of them in favor of the restrictions, the council voted to extend the ordinance but to drop the word "solely" when referring to relatives and caretakers.

"People want to preserve the scale, character, nature and peace and quiet, and renting to people does change the character," said Councilman Ken Genser, who voted to extend the interim ordinance.

In a rare meeting of the minds, council members Paul Rosenstein and Michael Feinstein cast the two opposing votes.

"If you allow anybody, you have to allow all categories of people," Rosenstein said. "I think the constitution is clear on that." Rosenstein added that "second units add more eyes and ears, they tend to make a community safer and not more dangerous. The fears are that we will have units on every single block, and I don't think that would happen."

"I don't like this idea of regulating the type of person in a unit," Feinstein said. "That's not Santa Monica at all. We are excluding certain groups of people."

Extending the ordinance allows time for the city to develop permanent standards to restrict second units, including limiting the number of units per block.

Also on Tuesday night, the council sided with residents who live near the pier and curbed the planning commission's approval for longer hours on weekends and holidays for Pacific Park. Park officials also will have to notify neighbors when there is a special event and pay for police security during extended hours.

"We don't believe Pacific Park should bear the entire burden of funding a patrol on a permanent basis," said Allan Abshez, who represents the park. "It's difficult for the park to commit to open-ended funding for an unlimited period."

Abshez also objected that the council asked that the Sea Dragon ride be retrofitted to reduce noise from screaming riders but gave no details on what that entailed.

"We wanted clarification that the actual retrofit we proposed is what the city would accept," Abshez said. "We're very disappointed the city didn't accept the hours the planning commission accepted."

Neighbors of Pacific Park said they were pleased with the council decision, but would like to have seen the council ban live music during special events.

"Other than that, we're pleased with it," said Ellen Brennan, a local resident who fought to restrict the standards for Pacific Park.
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