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8.A. - Page 19 of 32
<br />ORDINANCE NO.
<br />AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
<br />REDWOOD CITY AMENDING ARTICLE 33 (NONCONFORMING LOTS,
<br />USES, STRUCTURES AND PARKING), ARTICLE 36 (EXTERIOR SITE
<br />IMPROVEMENTS), ARTICLE 37 (ACCESSORY DWELLING UNITS), AND
<br />ARTICLE 45 (ARCHITECTURAL PERMITS) OF THE ZONING ORDINANCE
<br />REGARDING ACCESSORY DWELLING UNIT REQUIREMENTS
<br />WHEREAS, the City Council of the City of Redwood City is empowered to amend
<br />Zoning Ordinance Article 37 (Accessory Dwelling Units) to align with state policy and increase
<br />affordable housing production. In response to a desire to address the affordable housing
<br />shortage, on October 26, 2015, the City Council amended local Accessory Dwelling Unit
<br />(ADU) regulations, easing the restrictions and encouraging the creation of more units. The
<br />City Council authorized additional revisions to the ADU regulations on March 27, 2017 to
<br />respond to new state law mandates; and
<br />WHEREAS, these prior modifications to Article 37 resulted in significantly more ADU
<br />applications, increasing from an average of about three per year before 2015 to 22 in 2016,
<br />47 in 2017, and 36 in 2018. The number of applications for ADUs above detached garages
<br />increased as well from zero prior to 2017 to three in 2017, nine in 2018, and seven through
<br />May of 2019; and
<br />WHEREAS, the modifications to Article 37 have increased the availability of a variety
<br />of housing types for all income groups, supporting affordable housing and multi -generational
<br />living, but experience has proven that they have also produced unintended consequences
<br />which have had an injurious impact on the neighborhood; and
<br />WHEREAS, the Planning Commission held a duly noticed public hearing on May 21,
<br />2019, which was continued to June 18, 2019, to in accordance with all applicable
<br />requirements of the Redwood City Zoning Ordinance, to consider amendments to Zoning
<br />Ordinance Articles 33 (Nonconforming Lots, Uses, Structures, and Parking), 36 (Exterior Site
<br />Improvements), 37 (Accessory Dwelling Units), and 45 (Architectural Permits) (collectively,
<br />the "Zoning Ordinance Amendments"). At those meetings, the Commission received public
<br />testimony that allowing ADUs above detached garages posed height, massing, and privacy
<br />concerns to residential neighborhoods which have historically not allowed second story
<br />development within rear yards; and
<br />WHEREAS, on July 12, 2019, a public hearing notice was published in the San Mateo
<br />Daily Journal; and
<br />WHEREAS, at the July 22, 2019 City Council held a public hearing on the Zoning
<br />Ordinance Amendments and considered the whole of the record including the Planning
<br />Commission recommendation and materials, staff report and presentation, public
<br />correspondence, and public comments received. The record included facts and evidence that
<br />continuing to issue second story ADUs under Article 37 without amendment poses an
<br />immediate threat to public peace, health and safety because where such units have been
<br />approved, their size, scale and massing has been injurious to the equal rights of the
<br />neighboring property owners. Specifically, these approvals were incompatible with
<br />neighborhood character, compromised privacy, affected light and air, impacted property
<br />values, and posed security concerns; and
<br />ATTY/ORD.489/CC URGENCY ORDINANCE ADOPTING ACCESSORY DWELLING UNIT REGULATIONS
<br />REV: 07-17-19 VR
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