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Page 3 – REPORT AND RECOMMENDATION OF THE CITY MANAGER Measure 49 because it was enacted after January 1, 2007, but within five years of the date of the claim. C. Restriction on Residential Use A “land use regulation” gives rise to a Measure 49 claim only if the regulation restricts the residential use of private real property. The specific regulation that the Claimant points to is EC 9.2751(18)(a)3., which limits the square footage of new dwellings built on alley access lots. The Claimant alleges that EC 9.2751(18)(a)3. restricts the residential use of her property because it prevents her from building a home that would have been allowed before the regulation took effect. Adopted on July 28, 2014 (by Ordinance No. 20541) and effective on August 29, 2014, EC 9.2751(18)(a)3. establishes the following limitations on square footage of buildings on alley access lots: (18) Alley Access Lots in R-1. (a) General Standards. 1. Applicability. Except as provided in (b) below, the following standards apply to development on alley access lots in R-1. 2. Use Regulations. Alley access lots have the same land use regulations as the base zone except that there is no allowance for a secondary dwelling. 3. Building Size. The total building square footage of a dwelling shall not exceed 10 percent of the total lot area or 800 square feet, whichever is smaller. Total building square footage is measured at the exterior perimeter walls and is defined as all square footage inside of the dwelling, including, but not limited to hallways, entries, closets, utility rooms, stairways and bathrooms. Prior to the Council’s adoption of the above-quoted code provision, general R-1 zoning regulations applied to alley access lots and allowed lot owners to build structures that cover up to 50% of the lot. Thus, the Claimant could have built a 1,200 square foot house on her alley access lot before EC 9.2751(18)(a)3. went into effect because the total lot size is 4,620 square feet. Now, however, EC 9.2751(18)(a)3. limits any structure on the Claimant’s lot to a maximum of 462 square feet, which restricts the Claimant’s ability to build an economically and practically feasible home on the property. For a land use regulation to restrict a residential use of property under Measure 49, the regulation must leave the property owner with no viable method to achieve the previously allowed residential use. Planning staff evaluated the feasibility of the Claimant using other land use mechanisms, including adjustment review, conditional use permits, planned unit developments, and variances, to build a 1,200 square foot home and determined that none of those options were feasible. Therefore, EC 9.2751(18)(a)3. restricts the Claimant’s residential use of property under Measure 49 because no viable method exists to achieve the previously allowed residential use, absent waiver of the regulation. September 10, 2018, Meeting – Item 4