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<br />7A <br />Page 56 <br /> <br />Public Hearing <br /> <br />Mr. Mike Bautista gave the following PowerPoint presentation and also noted he had <br />previously sent 30 pages of commentary to the Commission recently: <br /> <br />Summary <br /> <br />. The purpose of the proposed Zoning Ordinance revIsion is to modify the <br />permitted uses and density of R2 in order to legalize IllEGAL practice. <br />. The ILLEGAL practice is the City Staff's use of the City's interpretation of R2 <br />density. <br />. The City Staff is attempting to revise the Zoning Ordinance before a Court of Law <br />determines the City's interpretation of R2 density IllEGAL. <br /> <br />City Objective: "Revise the Zoning Ordinance to codify the City's interpretation of <br />density in the R2 zone." <br />. The City is modifying the Zoning Ordinance to bring the Zoning Ordinance into <br />compliance with the City's interpretation of the Zoning Ordinance <br />. The is incredibly backward since the City's interpretation is ILLEGAL. <br />. The City should be modifying the City's interpretation of the Zoning Ordinance to <br />bring the interpretation into the compliance with the Zoning Ordinance. <br /> <br />WOW!! II IllEGAL 111 <br />. July 13th 2009, I informed the City Council that the City's interpretation of R2 <br />density conflicted with multiple sections of the Zoning Ordinances. <br />. The City has never challenged or addressed my claims that the City's <br />interpretation of R2 density conflicts with multiple sections of the Zoning <br />Ordinance. <br />. By State Law, Redwood City is required to comply to its Municipal Codes and <br />Zoning Ordinances. The City's interpretation of R2 density is not compliant with <br />existing Zoning Ordinances, and therefore is ILLEGAL. <br />. The City disregarded my claims that the City's interpretation of R2 density is not <br />compliant to the Zoning Ordinance. <br />. As a result, there is current litigation (Le. lawsuit) that directly challenges the use <br />of the City's interpretation of R2 density as it was applied to the Kentfield project, <br />and therefore, indirectly as it has been applied across the R2 zone. <br /> <br />City Objective (Clarified): "Revise the Zoning Ordinance to legalize the City's <br />ILLEGAL interpretation of density in the R2 zone." <br /> <br />To make matters worse; the City is using the past application of the same ILLEGAL <br />interpretation as the sole justification for the revision. <br /> <br />City Justification <br />1. Zoning Ordinance is "silent" with regards to development on property greater <br />than 101000 square feet. [foundation of City interpretation]. <br />2. City interpretation is consistent with previous R2 developments. <br />3. Zoning Ordinance specifies implied density that is consistent with City <br />interpretation. <br />4. Zoning Ordinance needs revision to clarify City interpretation of R2 density. <br /> <br />Page 5 of 24 <br />