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08/26/2019 <br />WHEREAS, the City Council, pursuant to its police powers, has broad authority to <br />maintain public health and safety by protecting the wholesome condition of the community <br />at large and preserving the quality of urban life, including through the adoption of <br />regulations that advance aesthetic interests; and <br />WHEREAS, an urgency ordinance that is effective immediately is necessary to avoid <br />the immediate threat to public peace, health, and safety because thirteen applications for <br />Architectural Permits for a new home or a second story have been submitted and would be <br />deemed complete and/or issued between now and the time a traditional ordinance would <br />be adopted (following a second reading on September 9, 2019 and becoming effective on <br />October 9, 2019); and <br />WHEREAS, Government Code section 36937(b) authorizes the adoption of an <br />urgency ordinance to protect the public peace, health or safety, where there is a declaration <br />of the facts constituting the urgency and the ordinance is adopted by four-fifths of the <br />Council; and <br />WHEREAS, this urgency ordinance would establish a "soft cap" whereby single <br />family dwellings of 3,000 square feet or an FAR of 45 percent, whichever is greater, would <br />undergo Planning Commission review (hereinafter "Zoning Ordinance Amendments"); and <br />WHEREAS, failure to adopt this urgency ordinance could result in development that <br />is inconsistent with the City Council's objectives to protect adjacent and nearby property <br />owners as well as the broader community from homes that are too large and inconsistent <br />with neighborhood character; and <br />ATTY/ORD.496/CC URGENCY ORDINANCE ALT. 3 — SOFT CAP (3,000 SQ. FT./0.45 FAR) <br />ORDINANCE NO. 1130-379 <br />REV: 08-28-19 PR MUFF NO. 602 <br />Page 3 of 9 <br />