AgdaPkt 2008-05-19 Spec - Laserfiche WebLink

Browse Search

78 Page 2 5. San Francisco Bay Water. Zonino Code Desionations 1. Tidal Plain; and 2. Redwood Shores Bay Front. Any legislative action that would permit any use of those identified areas other than for agriculture, publiC parks and recreation, restored wetlands, or certain extractions from the San Francisco Bay, would require approval by at least two-thirds of the City's voters at a City election. Finally, the initiative contains several exemptions from the two-thirds voter approval requirement, including when a property owner obtains a vested right by the effective date of the initiative, when the City Council determines that application of the vote requirement constitutes an unconstitutional taking of property, and when the City Council deteonines that use of designated lands is necessary in order to comply with its housing obligations under state law. RESPONSES TO CITY COUNCIL QUESTIONS Following are responses to questions raised by City Councilmember's during the April 14, 2008 public meeting. On several occasions, Councilmember's asked similar or related questions and therefore, for ease of reference, staff has organized the questions by subject matter rather then in the order, they were asked. Staff has also combined similar or related questions and modified some of the questions to provide necessary context. Finally, the answers are meant to give the public and City Council a general understanding about the potential scope of the initiative and are not meant to be comprehensive or exhaustive. Section I 1. Does the initiative apply to all parks within the City? No, the initiative does not apply to all parks in the City. There are two primary reasons for this. First, many of the City's parks do not have a General Plan designation of "Park" or any of the other land use designations that are covered by the initiative. For example, Hoover Park (at Woodside Road and Spring Street) is located in an area with a General Plan designation of "Junior High School" because the park is on land leased from the adjacent school. As a result, it would not be covered by the initiative and any change to park facilities would not require two-thirds voter approval. Similarly, several other parks have a General Plan designation of "Medium Density Residential" and therefore also would not be covered by the proposed initiative. Second, the initiative does not apply to parks that are owned by other governmental entities, such as the state or county. That is because federal, state, county and other governmental entities are exempt from the initiative. For example, Edgewood Park, which has a General Plan designation of "Park", and thus ordinarily would be covered by the initiative, is exempt from the initiative because it is county land, 2