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Consent Calendar (continued) 4. MOTION : to approve findings re denial of Use Permit, to allow construction of a single-family dwelling including an accessory dwelling at 3556 Highland Avenue as follows: 1. The subject property is located in the R -1 (Residential - Single Family) Zoning District (Sec. 5.1 et seq. , Ordinance 1130, as amended "Zon. Ord." ) of the City of Redwood City. 2. Appellant applied for a Use Permit pursuant to the provisions of Section 5.3 of the Zon . Ord. to allow the construction of an "Accessory Dwelling" as defined in Section 2.5.2 of the Zon . Ord., comprised of an independent dwelling unit within the main single-family dwelling structure proposed to be constructed on the Subject Property. 3. Construction of the proposed additional dwelling unit would also require the construction and installation of a cement platform, to serve as a floor, at the rear of the main dwelling at an elevation below the street - level grade of that portion of the Subject Property fronting on Highland Avenue. 4. Section 2.5.2 of the Zon .Ord. provides that such a second dwelling unit must, among other requirements, comply with the following: "b. ...the lot upon which such unit is to be added (must) be occupied by a single - family dwelling only as of the effective date of this Ordinance." i.e., Ord. 1130.226, effective 7/27/83 ; and "g. ...the provision for accessory dwellings (herein described shall) not extend to dwellings constructed after the effective date of this Ordi nance." 5. Appellant concedes that his proposed structure cannot comply with the foregoing provisions of Zon. Ord. Section 2.5.2 because the Subject Property i s unimproved. 6. At least three other unimproved parcels of property are located wi thi n t he vi ci ni ty of the Su bj ect P ro perty. 7. Appellant urges that the provisions of Zon .Ord. Section 2.5.2 are invalid because they do not conform to the requirements of Government Code Section 65852.2. Specifically, Appellant states that said Section 65852.2 does not authorize a city to adopt an ordinance which limits construction of second dwelling units to inclusion within an existinq single- fcTnily residential structure. 8. Government Code Section 65852.2 (b) provides, in pertinent part: Reg.Mtg. 6/27/88 Pa ge 4 MINUTE BOOK NO. 48 Page No. 110