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concerninq the Item b Aureement with the Pleasanton Unified School District construction fundinq for Neal Elementary School. (SR 04:220) This item was continued to September 21, 2004. Item 6c PAP-69~ Appellant: Debra Donald (PV-98/PADR-932, Jean Luc and Maureen Chatelain (SR 04:216) Appeal of the Planning Commission's approval of an application for a variance from the Municipal Cede and administrative design review to legalize an existing two-story accessory structure with a second unit on the second floor. The requested variances are: (1) to allow the building to be located approximately two feet, six inches from the side (northerly) property line and approximately one-foot, nine inches from the rear (easterly) property line, where a minimum five-foot side yard setback and a minimum ten-foot rear yard setback, respectively, are required for a detached second unit; (2) to allow the building to be approximately 25 feet in height where a maximum building height of 15 feet is allowed for a detached accessory structure; and (3) to allow the northern sloping plane to be approximately three feet from the side (northerly) property line where a minimum of ten feet is required. The property is located at 4432 First Street and is zoned RM-4,000 (Multiple-Family Residential) District Brian Swift, Director of Planning and Community Development, presented the staff report. In response to an inquiry by Mr. Campbell, Mr. Swift said that the primary complaint of the neighbor is related to life safety issues with respect to a building located close to a property line that was not built pursuant to Building Code requirements. The other complaint is related to privacy with respect to the full-time occupancy of the second-floor as a second unit. Ms. Ayala asked staff to clarify condition three as listed in the proposed conditions of approval. Mr. Swift said that staff's recommendation is to not approve the use of the second floor as a second unit and the second floor of the existing detached accessory building shall not be used as a second unit, living area, or sleeping area. The detached building may remain, but it can only be used as a garage on the first floor. The second floor could be used as a game or storage room or some other type of accessory space but not a rentable second unit. When Council adopted the second unit ordinance, it went to great lengths to require a larger setback for second units from the rear yard setback, which essentially establishes them as being on a single level if they were going to be a detached structure. Allowing second units on second stories creates the types of privacy issues that are not normally seen so close to a property line as it applies to this application. Ms. Ayala asked staff to compare this application to the housing on the Bernal property. Pleasanton City Council 9 09/07/04 Minutes