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<br />7."-Af <br /> <br />12. On or about October 25, 2000, an appeal of the Planning Commission's decision to certify <br />the FEIR was filed by Mr. Ted Hannig, Hannig Law Firm, on behalf of Powerhouse Gym <br />located at 2075 Broadway on the comer of Jefferson Ave. and Broadway ("Appellant"). <br /> <br />13. In its appeal, Appellant makes a number of claims of purported inadequacy of the FEIR, each <br />of which were discussed and analyzed and ultimately rejected by the City Council at their <br />hearing of November 13, 2000. Appellant first claims that the FEIR improperly failed to <br />analyze the impact of the City's recently enacted Interim Urgency Ordinance ("Ordinance") <br />on the Project. <br /> <br />14. The findings set forth in the Ordinance provide that large-scale office development proposals <br />would create structures disproportionate to and in conflict with the appearance of existing <br />structures adjacent to or in the vicinity thereof and that such office development proposals <br />would use land resources which could otherwise be developed for housing, commercial and <br />other uses compatible with, and supportive of existing uses, including residential uses. The <br />City found, in the Ordinance, that the unavailability of housing in the City is critical and this <br />shortage could be exacerbated if the trend of office development were to continue. <br /> <br />15. Section 24 of the Ordinance, entitled "Exclusion," specifically exempts office developments <br />which are approved under development agreements, disposition and development <br />agreements, and other agreements duly entered with the City or Redevelopment Agency from <br />the provisions of the Ordinance. As described on Page 2 of the FEIR, the City of Redwood <br />City and the Redevelopment Agency contemplate entering into a development agreement and <br />a disposition and development agreement, respectively, with the developer of the Project. If <br />the Project, as described in Alternative 4 (providing for office uses on Block 2) is approved, <br />pursuant to Section 24 of the Ordinance, the Project will be specifically exempted from the <br />application of the Interim Urgency Ordinance. <br /> <br />16. The only changes in the Ordinance that affect properties in the CBR District in which the <br />Project is included are the following: <br /> <br />1. Under section 26.2 "Insurance Agencies" was deleted as a permitted use in this CBR <br />District and "offices above the ground floor" and "Bail bond businesses above the <br />ground floor" were included in the list of permitted uses. <br /> <br />2. Section 26.3a was amended to provide that the following uses are permitted in the <br />CBR District when accessory to a permitted use under sections 26.2 and 26.4 to <br />provide that "Business office uses on the ground floor which do not exceed 25 <br />percent of the gross floor area or 500 square feet, whichever is less, provided such <br />. uses are clearly incidental to the retail sale of products on the premises." <br /> <br />3. "Financial institutions and office fronts" was deleted as a use permitted with a use <br />permit and "Ground-floor dependent office" was included as a use permitted with a <br />use permit. <br /> <br />3 <br />