The following is an unoffical retype of Amendment section of Measure W. For the orginial text, please see: http://www.redwoodcityopenspace.org/charter_amendment.html

Section 2: Charter Amendment

The Charter of the City of Redwood City is hereby amended to add a new Section 6a, as follows:

Section 6a. Voter Approval for Development of Open Space Lands.

A. Voter Approval:

Notwithstanding any other provision of this Charter, no amendment of the City’s General Plan, Zoning Code, or Zoning Map, or other legislative action by the City that would authorize or permit use of any Open Space Lands for Non-Open Space Uses, shall be valid or effective for any purpose, unless and until such amendment or action is approved by at least a two-thirds majority of the voters voting at a general or special municipal election on the question.

The ballot question used when voting on a proposed amendment or action submitted to the voters of the City pursuant to this Section 6a shall read substantially as follows:

“Shall the voters approve [insert title of amendment or action subject to voter approval] that would allow up to [insert square footage of all structures included or potentially allowed by the approval] to be built on [insert total acreage on which Non-Open Space Uses would be allowed by approval] acres of Open Space Lands in the City of Redwood City?”

Opposite the ballot question, and to its right, the words “Yes” and “No” shall be printed on separate lines, with voting squares.

Provided that it has first fully complied with the California Environmental Quality Act, Public Resources Code section 21000, et seq., the City Council may put the question of approval of the amendment or action before the voters according to any procedure authorized by Section 4 of this Charter.

B. Definitions: For the purposes of this Section 6a, the following definitions shall apply:

(1) “Open Space Lands” means all lands identified as either

(a) “Park,” “Unimproved Areas (Land or Water) Devoted to Preservation of Natural Resources, the Managed Production of Resources, Outdoor Recreation, or Public Health and Safety,” “Future Development Expanding Limits of Urbanization,” “Controlled Waterway (Redwood Shores Area),” or “San Francisco Bay Water” on the City’s General Plan Land Use Map as of March 13, 2008; or

(b) “Tidal Plain” (“TP”) or “Redwood Shores Bay Front” (“RSB”) on the City’s Zoning Map as of March 13, 2008.

(2) “Non-Open Space Uses” means any use other than the following:

(a) Agriculture;

(b) Extraction of chemicals from sea water by natural evaporation and extraction of oyster shells or other deposits from San Francisco Bay;

(c) Public parks and public recreation areas or facilities;

(d) Restored wetlands; and

(e) uses defined as accessory to the foregoing uses in the applicable zoning district as of March 13, 2008.

C. Implementation:

1. Nothing in this Section 6a shall preclude the City Council from combining on the same ballot the votes on multiple proposed amendments or actions concerning the same proposed Non-Open Space Uses on the same Open Space Lands, where doing so is otherwise permissible under State law.

2. The form of the ballot question specified in Section 6a(A) is intended to inform the voters of the maximum amount of land that could be used for Non-Open Space Uses and the maximum square footage of structures that could potentially be constructed if the proposed amendment or action is approved, even if subsequent City Council approvals would be required before such Non-Open Space Uses or construction could occur.

3. The City Council is authorized to adopt any ordinance, resolution, rule, or regulation it deems appropriate to facilitate implementation of this Section 6a. Any such ordinance, resolution, rule, or regulation shall be consistent with, and shall advance the purposes of, the provisions of this Section 6a.

4. No general plan amendment, rezoning, specific plan, precise plan, tentative subdivision map, parcel map, conditional use permit, planned community permit, or other discretionary entitlement for use shall be approved or issued unless consistent with the provisions of this Section 6a.

5. Except for any voter approval required by Section 6a(A), nothing in this Section 6a shall be construed to limit the jurisdiction, powers, duties, and functions heretofore vested in the Board of Port Commissioners of the City of Redwood City pursuant to this Charter; provided, however, and notwithstanding Section 49e of this Charter, the Board of Port Commissioners shall not approve or authorize any Non-Open Space Uses on Open Space Lands within its jurisdiction unless such use has been approved by the voters in accordance with this Section 6a.

D: Exemptions for Certain Projects

1. This Section 6a shall not apply to any project, use, or activity for which a property owner has obtained, as of the effective date of this Section, a vested right pursuant to State law.

2. This Section 6a shall not be interpreted to require voter approval of any amendment or action that, under State or Federal law, may not be subject to voter approval as provided in this Section.

3. The City Council may approve an amendment or action that would authorize or permit Non-Open Space Uses on Open Space Lands pursuant to its usual procedures, and without approval by a vote of the people as provided in this Section 6a, if each of the following conditions is satisfied:

a. The City Council, by a five-sevenths (5/7ths) vote of its members, makes a finding, based on substantial evidence supporting such finding, and in the absence of any contrary substantial evidence, that the application of this Section 6a would constitute an unconstitutional taking of the landowner’s property; and

b. In authorizing or approving the amendment or action, the City Council allows Non-Open Space Uses of Open Space Lands only to the extent necessary to avoid said unconstitutional taking of the landowner’s property.

4. Nothing in this Section 6a shall be construed or applied to prevent the City from complying with its housing obligations under State law. Where necessary to comply with applicable State law governing the provision of housing, the City Council may approve an amendment or action that would authorize or permit Non-Open Space Uses on Open Space Lands pursuant to its usual procedures, and without approval by a vote of the people as provided in this Section 6a, upon making all of the following findings:

a. The amendment or action is necessary to comply with a State law imposing a mandatory obligation (“applicable State housing law”);

b. There is no suitable land available in the incorporated areas of the City, other than Open Space Lands, that may be used to satisfy the applicable State housing law; and

c. No more Non-Open Space Uses are permitted pursuant to this subsection than are necessary to comply with the applicable State housing law.

Section 3:

Effective Date and Request for Earliest Possible Election The “Effective Date” of this Charter Amendment, as that term is used in Jeffrey v. Superior Court, 102 Cal.App.4th 1 (2002), is January 30, 2009, unless it is not legally possible for the proposed amendment to be placed on the ballot at the November 4, 2008, election, in which case the “Effective Date” shall be June 1, 2009. The voters who have signed this proposed Charter Amendment request that the City Council submit it either at the November 4, 2008, election if the proposed charter amendment qualifies in time, or at a special election held on the earliest possible date thereafter, or at the very next established election date, whichever occurs first.

Section 4:

Interpretation and Severability This Charter Amendment shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this Charter Amendment is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Charter Amendment. The voters hereby declare that this Charter Amendment, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this Charter Amendment is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this Charter Amendment that can be given effect without the invalid application. This Charter Amendment shall be broadly construed in order to achieve the purposes stated in this Charter Amendment. It is the intent of the voters that the provisions of this Charter Amendment shall be interpreted by the City in a manner that facilitates the purposes set forth in Section 1 of this Charter Amendment.

Section 5:

Effect of Alternative Measure on the Same Ballot This Charter Amendment adopts a comprehensive set of policies for protecting the City of Redwood City’s Open Space Lands from being prematurely or unnecessarily developed without prior approval by City voters. By voting for this Charter Amendment, the voters expressly declare that any other measure that appears on the same ballot as this Charter Amendment and conflicts with, or purports to amend, any provision of this Charter Amendment, shall be deemed to conflict with the entire set of policies adopted by this Charter Amendment. Because of this conflict, if this Charter Amendment and any such other measure receive a majority of votes by the voters voting thereon at the same election, then the measure receiving the most votes in favor shall prevail in its entirety and no provision of the other measure shall take effect.

 

[The above text was copied from the original draft version, so some errors may have been introduced. For a more definitive version see the Redwood City website or take a look at this pdf file: http://www.redwoodcity.org/government/council/packets/2008/0804/7A.pdf or Resolution 14883. You can also visit the Redwood City Open Space site: http://www.redwoodcityopenspace.org/charter_amendment.html