Res04 14576 - Laserfiche WebLink

Browse Search

04/12/2004 ORIGINAL RESOLUTION NO. 14576 RESOLUTION OPPOSING ASSEMBLY BILL 2702 WHEREAS, the health and welfare of the people of Redwood City are best served by maintaining local zoning authority over land use decisions; and WHEREAS, Assembly Bill 2702 (AB 2702), authored by Assemblyman Darrell Steinberg, seeks to impose many onerous mandates on local land use and zoning issues, in a "one- size - fits -all" approach across the State which effectively pre -empts Redwood City's and all local governments' zoning authority and flexibility in land use decisions: and WHEREAS, this bill will repeal and revise existing second unit law, raising questions about the validity of existing local ordinances; mandates that second units be allowed in all residential zones, thus drastically curtailing the current flexibility of local governments to decide in which zones to allow second units; and WHEREAS, this bill will also prohibit local governments from imposing height, setback, lot coverage, fees, and other requirements that may "unreasonably restrict" the rights of a property owner to construct and maintain a second unit on their property, thus throwing into question the validity of any generally applicable ordinance, providing property owners with the ability to question any provision of a local ordinance, and establishing potential "takings" claims against local governments; and WHEREAS, if made into law this bill will prohibit local governments from restricting second unit occupancy to seniors or family members; prohibits local governments from establishing a minimum or maximum size requirement that is less than 600 square feet, unless requested by the property owner; reduces local parking requirements by limiting parking to one space per unit; and prohibits local governments from requiring covered parking; and WHEREAS, in regard to school site housing, AB 2702 pre -empts local zoning affecting housing on school sites by stating that when a school district agrees to allow single - family or multifamily housing to be built on a school site, the density shall be the maximum density allowed on any multifamily -zoned parcel within 300 feet or within the community plan, plus increases for density bonus projects. WHEREAS, in summary AB 2702 represents the legislature's attempt to dictate an unrealistic and impractical universal standard, usurp local government zoning authority, and disregard local conditions such as location, traffic, site conditions, and other local issues; and Atty /Reso /Reso.1459 14576 040503 1 Muff # 214