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<br />following findings: <br /> <br />a. The amendment or action is necessary to comply with <br />a State law imposing a mandatory obligation ("applicable State housing <br />law"); <br /> <br />b. There is no suitable land available in the incorporated <br />areas of the City, other than Open Space Lands, that may be used to satisfy <br />the applicable State housing law; and <br /> <br />c. No more Non-Open Space Uses are permitted pursuant <br />to this subsection than are necessary to comply with the applicable State <br />housing law. <br /> <br />Section 3: Effective Date and Request for Earliest Possible Election <br /> <br />The "Effective Date" of this Charter Amendment, as that term is used in Jeffrey v. <br />Superior Court, 102 Cal.AppAth 1 (2002), is January 30, 2009, unless it is not legally <br />possible for the proposed amendment to be placed on the ballot at the November 4, 2008, <br />election, in which case the "Effective Date" shall be June 1,2009. The voters who have <br />signed this proposed Charter Amendment request that the City Council submit it either at <br />the November 4,2008, election if the proposed charter amendment qualifies in time, or at <br />a special election held on the earliest possible date thereafter, or at the very next <br />established election date, whichever occurs first. <br /> <br />Section 4: Interpretation and Severability <br /> <br />This Charter Amendment shall be interpreted so as to be consistent with all federal <br />and state laws, rules, and regulations. If any section, subsection, paragraph, <br />subparagraph, sentence, clause, phrase, part, or portion ofthis Charter Amendment is <br />held to be invalid or unconstitutional by a final judgment of a court of competent <br />jurisdiction, such decision shall not affect the validity of the remaining portions of this <br />Chatter Amendment. The voters hereby declare that this Charter Amendment, and each <br />section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion <br />thereof would have been adopted or passed even if one or more sections, subsections, <br />paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared <br />invalid or unconstitutional. If any provision of this Charter Amendment is held invalid as <br />applied to any person or circumstance, such invalidity shall not affect any application of <br />this Charter Amendment that can be given effect without the invalid application. This <br />Charter Amendment shall be broadly construed in order to achieve the purposes stated in <br /> <br />Page 7 <br />