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AgdaPkt 2004-04-12
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AgdaPkt 2004-04-12
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7/5/2005 2:44:55 PM
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4/8/2004 2:45:05 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
4/12/2004
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<br /> .1 I . . I . II . <br /> <br /> (0.2(3-3 <br /> RESOLUTION NO. <br /> '-- <br /> RESOLUTION OPPOSING ASSEMBLY BILL 2702 <br /> WHEREAS, the heólth and welfare of the people of RedVvt')od City are best <br /> served by maintaining local zl>ning authority over land use decisions; and <br /> WHEREAS, Assembly Bill 2702 (AB 2702), authored by Assemblyman Darrell <br /> Steinberg, seeks to impose many onerous mandates on local land use and zoning <br /> issues, in a "one-size-fits-all" approach across the State which effectively pre-empts <br /> Redwood City's and all local governments' zoning authority and flexibility in land use <br /> decisions; and <br /> WHEREAS, this bill will repeal and revise existing second unit law, raising <br /> questions about the validity of existing local ordinances; mandates that second units be <br /> allowed in all residential zones, thus drastically curtailing the current flexibility of local <br /> governments to decide in which zones to allow second units; and <br /> WHEREAS, this bill will also prohibit local governments from imposing height, <br /> setback, lot coverage, fees, and other requirements that may "unreasonably restrict" the <br /> rights of a property owner to construct and maintain a second unit on their property, <br /> thus throwing into question the validity of any generally applicable ordinance, providing <br /> property owners with the ability to question any provision of a local ordinance, and <br /> "- establishing potential "takings" claims against local governments; and <br /> WHEREAS, if made into law this bill will prohibit local governments from <br /> restricting second unit occupancy to seniors or family members; prohibits local <br /> governments from establishing a minimum or maximum size requirement that is less <br /> than 600 square feet, unless requested by the property owner; reduces local parking <br /> requirements by limiting parking to one space per unit; and prohibits local governments <br /> from requiring covered parking; and <br /> WHEREAS, in regard to school site housing, AB 2702 pre-empts local zoning <br /> affecting housing on school sites by stating that when a school district agrees to allow <br /> single-family or multifamily housing to be built on a school site, the density shall be the <br /> maximum density allowed on any multifamily-zoned parcel within 300 feet or within the <br /> community plan, plus increases for density bonus projects. <br /> WHEREAS, in summary AB 2702 represents the legislature's attempt to dictate <br /> an unrealistic and impractical universal standard, usurp local government zoning <br /> authority, and disregard local conditions such as location, traffic, site conditions, and <br /> other local issues; and <br /> ,,---' <br /> Atty/Reso/Reso.1459 <br /> 040503 1 <br />
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