Laserfiche WebLink
<br />7A <br />Page 7 <br /> <br />plant site and buffer area is RSB (Redwood Shores Bayfront). As result, <br />both the plant and buffer area would be covered by the initiative. <br /> <br />A preliminary legal review shows that unlike county or federal agencies, <br />which would not be covered by the initiative, a joint powers agency like <br />SBSA is not exempt from Redwood City's land-use laws. In fact. under <br />state law, SBSA was required to decide which municipal law it would <br />follow and it choose to follow the laws of Redwood City. As a result, <br />SBSA has applied for and received use permits from the City. Thus, <br />SBSA is subject to Redwood City's land use requirements, including the <br />two-thirds vote requirement. <br /> <br />SBSA is preparing to undertake a major infrastructure upgrade over the <br />next decade, including possible expansion and significant upgrades to the <br />existing facility. Although the complete scope of the upgrade is not known <br />at this time, if such an expansion requires changes to the General Plan or <br />Zoning Code or requires other legislative action, such action could trigger <br />the two thirds voter approval requirement. This could occur if, for <br />example, SBSA proposed to build facilities on the Unimproved Area <br />portion of the buffer area. In addition, even if the expansion does not <br />require legislative action, it could still trigger the two-thirds voter approval <br />requirement if use permits are required, for the reasons discussed in <br />response to question 6, above. <br /> <br />9. Would the Charter initiative apply to property owners along the <br />shores of Redwood Shores? <br /> <br />Response: The initiative would not affect the property owner's land but it could <br />arguably affect their ability to construct docks or other improvements that <br />extend into lagoon waters. The Planning Division, however, would take <br />the position that the initiative does not change the approval process for <br />these land owners to construct docks and other improvements. <br /> <br />Properties with frontage on the lagoon are predominately residential and <br />have a general plan designation of "Low and Medium Density" and a <br />zoning designation of R-1, R-2 or R-3, which are residential districts. <br />These are not covered by the initiative. In addition, a portion of many of <br />these properties extends over the shore into the lagoon and these water- <br />oriented lands fall within the Tidal Plain - Combined Water Zoning District <br />(TP-W). The TP-W zoning district does not fall within the lands cited in the <br />proposed initiative. However, the lagoons have a general plan designation <br />of Controlled Waterway (Redwood Shores Area), which is covered by the <br />initiative. <br /> <br />The question then is whether the initiative would apply to a property owner <br />if he or she desires to build a dock or other improvement that extends into <br />lagoon waters that are designated Controlled Waterway on the general <br />plan. As a matter of practice, the Planning Division allows boat docks and <br />basic customary improvements, such as landscaping, decks and retaining <br />walls, in these areas as appurtenant to the main use of the adjacent land, <br />7 <br />