AgdaPkt 2019-08-26 Joint SA PFA - Laserfiche WebLink

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B.A. - Page 29 of 42 WHEREAS, the City Council, pursuant to its police powers, has broad authority to maintain public health and safety by protecting the wholesome condition of the community at large and preserving the quality of urban life, including through the adoption of regulations that advance aesthetic interests; and WHEREAS, state law limits local discretion to deny ADU applications and the Redwood City Zoning Code requires approval of an Architectural Permit for second story ADUs provided certain aesthetic findings are made; and WHEREAS, an urgency ordinance that is effective immediately is necessary to avoid the immediate threat to public peace, health, and safety because at least one application for Architectural Permits for second story ADUs has been submitted and would be deemed complete and/or issued between now and the time a traditional ordinance would be adopted (following a second reading on August 26, 2019 and becoming effective on September 25, 2019); and WHEREAS, Government Code section 36937(b) authorizes the adoption of an urgency ordinance to protect the public peace, health or safety, where there is a declaration of the facts constituting the urgency and the ordinance is adopted by four-fifths of the Council; and WHEREAS, failure to adopt this urgency ordinance could result in development that is inconsistent with the City Council's objectives to protect adjacent and nearby property owners as well as the broader community from ADU construction that is too tall, too large, and inconsistent with neighborhood character; and WHEREAS, the City Council further finds that this urgency ordinance is a matter of local and City-wide importance and is not directed towards any particular person or entity that currently seeks approvals to construct ADUs in Redwood City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDWOOD CITY, AS FOLLOWS: SECTION 1. Findings. The above recitals are incorporated herein and are each relied upon independently by the City Council for its adoption of this urgency Ordinance. SECTION 2. Authority. This Ordinance is adopted pursuant to the provisions set forth in Government Code section 36937(b) and pursuant to other applicable law. SECTION 3. Imposition of Urgency Ordinance. In accordance with the authority granted the City under its police powers and Government Code section 36937(b), and pursuant to the evidence in the record referenced herein, the City Council hereby finds as follows: (1) There exists a current and immediate threat to the public peace, health, and safety, requiring this urgency Ordinance because there is evidence in the record to show that the size, scale, and massing of second story ADU units have been or have the potential to be injurious to the equal rights of the neighboring property owners, causing incompatibilities with neighborhood character, compromising privacy, ATTY/ORD.489/CC URGENCY ORDINANCE ADOPTING ACCESSORY DWELLING UNIT REGULATIONS REV: 07-17-19 VR Page 2 of 7 298