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AgdaPkt 2010-06-07 clds, jnt
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AgdaPkt 2010-06-07 clds, jnt
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Last modified
6/8/2010 4:43:56 PM
Creation date
6/3/2010 3:07:58 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
6/7/2010
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<br />. <br /> <br />7A <br />Page 81 <br /> <br />densities: single famity- 8.7 unit per acre; duplex -11.6 units per acre; and triplex 12.9 units per <br />acre. [2004 Housing Element, 5 Housing Opportunities, page 2] <br /> <br />The commissioners did not respond to my challenge. The truth is that 'the CIty's interpretation of R2 <br />density conflicts With one or more sections of the Zoning Ordinance. We suspect the Commissioners <br />realized this and refused to respond to the challenge. In any case, the City's interpretation of R2 density <br />is not compliant to the current Zoning Ordinance. The statement that the City's interpretation Is R2 <br />density is compliant to the current Zoning Ordinance Is FALSE. <br /> <br />For additional evidence that the City's interpretatIon of R2 density is ilLEGAL, one can Inspect the <br />magnitude of the '1"ext Amendment". In order to uclarifV' the City's interpretation of R2 density, the R2 <br />purpose, R2 permitted uses and R2 lot area standards of the Zoning Ordinance must be modified. If the <br />City's interpretation of R2 density is compliant with the current Zoning Ordinance, why does <br />"clarlficatlonl1, of the City's interpretation require modification of R2 purpose, R2 permitted uses an R2 <br />lot area standards of the Zoning Ordinance? The answer was 'Stated previously, the City's <br />interpretation of R2 density conflicts with one or more sections of the Zoning Ordinance. In order to <br />legalize the City's interpretation of R2 density, multiple sections of the Zoning Ordinance must be <br />modified. Therefore, the statement that the City's interpretation of R2. density 1s compliant to the <br />current Zoning Ordinance Is FALSE. <br /> <br />The proposed Zoning Ordinance modification requiring a Planned Development Permit is another <br />example that the City's interpretation of R2 density is not compliant with the current Zoning Ordinance. <br />In order to clarify the City's interpretation of R2 density, a Planned Development Permit is required, as <br />specified In the proposed revisio'n of section 6.2 show below. <br /> <br />The following structures and uses are permitted In the R..2 District: <br />A. Single-famUy dwellings; <br />B. Two (2J.family (duplex) dwellings; <br />c. Three {3)-famlly (triplex) dwellings; <br />D. Accessory dwellings4, subject also to the definition set forth in 2.5.2 and the provisions <br />of Article 37. <br />E. Multiple dwellings, subject also to securing a Planned Development Permit as set <br />forth in the provision of Artide 46 and located on development sites greater than: <br />[Initial Study: page 2] <br /> <br />Last year, City Stafftestifled that the Planned Development Permit cannot be used to modify maximum <br />density. Section 46.7.8 and the City Staff testimony are included below: <br /> <br />4 An assessory dwelling is a small (<=640 sq ft) attached or detach structure that Can be added to a slngle~fumily <br />dwelling. <br /> <br />7 <br />
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