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78 Page 24 Honorable Mayor Foust and Members of the City Council February 26, 2008 Page 2 The Association appeals the decision of the Commission specifically based upon the following grounds and such other grounds as may be presented at the hearing on this matter, as well as the grounds stated in our letters to the Commission dated January 8, 2008 and February 19.2008. copies of which letters are attached hereto and incorporated herein by this reference. First, the City's approval of the planned development permit is an invalid exercise of its police power because the subject property is entirely within the boundaries and sphere of influence of Woodside. The City's authority to enforce its land use regulations is derived from Article Xl. Section 7 of the California Constitution, which states. U[A] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with generallaws.w Under this authority. it has been established that a city's police power is coextensive with, and limited by, its boundaries and a city may exercise extra-territorial regulation only where there is a plain manifestation of legislative intention of its authorization. See Candid Enterprises, Inc. v. Grossmont Union High School District (1985) 39 Cal.3d 878, 886; see 45 Cal.Jur. 3d 9 217, p. 337 ("the power of a city to act outside its boundaries does not exist unless expressly granted by the legislature, or necessarily or fairly implied in, or incident to. powers expressly granted, or essential to the declared objects and purposes of the city."). The City has no authority whatsoever under state law or local ordinance to consider a Planned Development Permit for property outside of the City limits, The only authority that would allow the City to regulate the development and use of property outside of its territorial boundaries in the present context is the State Planning and Zoning Law, Government Code Section 65000 at saq.. which governs the pre-zoning of unincorporated territory prior to annexation. Specifically, Section 65859(a) states, "la] city may, pursuant to this chapter. prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city. The zoning shalf become effective at the same time that the annexation becomes effective." Subsection (b) further states that cities subject to Section 563751 of the Cortese Knox Hertzberg Local Government Reorganization Law, Government Code Section 56000 et seq., must complete prezoning proceedings as required by law. Apart from these statutory provisions, there is no statute or city charter provision2 that authorizes the City to approve a development permit for Section 56375 mandates that a local agency formation commission require, as a condition to annexation, that a city prezone the territory to be annexed or present evidence satisfactory to the commission that the existing development entitlements on the territory are vested or are already at buUdout, and are consistent with the city's general plan. 2 Redwood City Charter Section 71 provides that all general laws of the state applicable to municipal corporations, which are not in conflict with the proVisions of the City Charter the City's ordinances or resolutions shall be applicable to the city. WOOH\46817\727726.1