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<br />78 <br />Page 31 <br /> <br />Honorable Chair Tom Cronin <br />and Members of the Planning Commission <br />February 19, 2006 <br />Page 2 <br /> <br />California Constitution states that "8 city may make and enforce within its limits all <br />local, police, sanitary and other ordinances and regulations not in conffict with <br />general laws." Within Ihe context of land use, cities have plenary authority to <br />govern, subject to the limitation that they exercise this power within their territorial <br />limits and subordinate to state law. Candid Enterprises, Inc. v. Grossmant Union <br />High School District (1985) 39 CaI.3d 878, 886; see 45 Cal.Jur. 3d S 217, p. 337 <br />("the power of a city to act outside its boundaries does not elCist unless expressly <br />granted by the legislature. or necessarily or fairly implied in, or incident to, powers <br />expressly granted, or essential to the declared objects and purposes oftha city."); <br />RCMC i 46.1 (the purpose of the City's Planned Development Permits Is to .provide <br />a vehicle for planned development within the existing zoning districts of the City of <br />Redwood City... a). The City has no authority to consider a Planned <br />Development Permtt for property outside of the City limits. <br /> <br />Additionally, on February 12. 2008, the Town, which has land use approval authority <br />over the parcel, deferred its decision to approve a tax exchange resolution for <br />purposes of the proposed annexation of the Project site into the City of Redwood <br />City with the recommendation that Town staff work with the City and return to the <br />Town Council with direction regarding the Town's input on the design of the Project. <br />To the extent that the Planning Commission purports to approve or recommend the <br />approval of the Development Permit, any such approval or recommendation is not <br />only precluded due to inconsistencies with the applicable Town general plan and <br />zoning regulations, it would be wholly inconsistent with the Town's actions. <br /> <br />Accordingly, the PlaMing Commission's consideration of the Project at this time is <br />unauthorized. We request that the Planning Commission postpone its consideration <br />of the Project until such time as the annexation is approved. Please do not hesitate <br />to contact me should you have any questions. <br /> <br />Very truly yours. <br /> <br />MILLER STARR REGALIA <br /> <br />~ <br /> <br />Robia S. Chang <br /> <br />cc: Gail Hilstrom (VIA EMAIL GaiI.Hilstrom@Sun.com) <br />Maurice LeBlanc (VIA EMAIL LeBJanC@Stanford.edu) <br />Kristina D. Lawson, ESQ. <br />E. David Marks, Esq. <br /> <br />C;\oOCUME-1 IRSC1l.OCALS- f\TempINeIRlghllPrinI\726eOO_t.cloc: <br />