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<br />Commissioners of the City of Redwood City pursuant to this Charter; <br />provided, however, and notwithstanding Section 4ge of this Charter, the <br />Board of Port Commissioners shall not approve or authorize any Non-Open <br />Space Uses on Open Space Lands within its jurisdiction unless such use has <br />been approved by the voters in accordance with this Section 6a. <br /> <br />D: Exemptions for Certain Proiects <br /> <br />1. This Section 6a shall not apply to any project, use, or activity <br />for which a property owner has obtained, as of the effective date of this <br />Section, a vested right pursuant to State law. <br /> <br />2. This Section 6a shall not be interpreted to require voter <br />approval of any amendment or action that, under State or Federal law, may <br />not be subject to voter approval as provided in this Section. <br /> <br />3. The City Council may approve an amendment or action that <br />would authorize or pennit Non-Open Space Uses on Open Space Lands <br />pursuant to its usual procedures, and without approval by a vote of the <br />people as provided in this Section 6a, if each of the following conditions is <br />satisfied: <br /> <br />a. The City Council, by a five-sevenths (5I7ths) vote of <br />its members, makes a finding, based on substantial evidence supporting <br />such finding, and in the absence of any contrary substantial evidence, that <br />the application ofthis Section 6a would constitute an unconstitutional <br />taking of the landowner's property; and <br /> <br />b. In authorizing or approving the amendment or action, <br />the City Council allows Non-Open Space Uses of Open Space Lands only <br />to the extent necessary to avoid said unconstitutional taking of the <br />landowner's property. <br /> <br />4. Nothing in this Section 6a shall be construed or applied to <br />prevent the City from complying with its housing obligations under State <br />law. Where necessary to comply with applicable State law governing the <br />provision of housing, the City Council may approve an amendment or <br />action that would authorize or permit Non-Open Space Uses on Open <br />Space Lands pursuant to its usual procedures, and without approval by a <br />vote of the people as provided in this Section 6a, upon making all of the <br /> <br />Page 6 <br />