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<br />8A <br />Page 18 <br /> <br />4. Nothing in this Charter Amendment is intended to diminish or otherwise alter the <br />requirement of the California Environmental Quality Act ("CEQA") applicable to any act <br />of the City of Redwood City to approve a project prior to submission of the act to the <br />voters for ratification. City Council shall submit to the voters a legislative act approving <br />or permitting development on Cargill Lands only after City Council has certified an <br />environmental impact report in accordance with the CEQA. <br /> <br />D. Exceptions from Voter Ratification Requirement <br /> <br />1. The voter ratification requirement shall not apply to any development for which a <br />landowner has obtained, as of the effective date of this Charter Amendment, a vested <br />right pursuant to State law. <br /> <br />2. The voter ratification requirement shall not be interpreted to require voter <br />approval of any amendment or action that, under State or Federal law, may not be subject <br />to voter approval. <br /> <br />3. City Council may, without voter ratification, approve development of the Cargill <br />Lands ifit (1) makes a finding that the voter ratification requirement would constitute an <br />unconstitutional taking, and (2) allows development of Cargill Lands only to the extent <br />necessary to avoid the unconstitutional taking. <br /> <br />4. Nothing in this Charter Amendment shall be construed or applied to prevent the <br />City from complying with its housing obligations under State law. City Council may, <br />without voter ratification, approve development of the Cargill Lands if it (1) makes a <br />finding that development of Cargill Lands is necessary to comply with the City's housing <br />obligation and there is no suitable land available in the City, other than the Cargill Lands, <br />that may be used to satisfy that requirement, and (2) allows development of Cargill Lands <br />only to the .extent necessary to comply with the applicable State law housing obligation. <br /> <br />5. The voter ratification requirement shall not apply to any actions necessary to <br />prevent or mitigate an emergency or the effects of an emergency. For purposes of this <br />subsection, "emergency" means a sudden or unexpected occurrence, involving a clear <br />and imminent danger, demanding immediate action to prevent or mitigate loss of, or <br />damage to, life, health, property, or essential public services. "Emergency" includes such <br />occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as <br />such occurrences as riot, accident, or sabotage. <br /> <br />Section 4: <br /> <br />Effect of Alternative Measure on the Same Ballot <br /> <br />This Charter Amendment adopts a comprehensive set of policies pennitting voter <br />approval of future development on Cargill Lands. By voting for this Charter <br />Amendment, the voters expressly declare that any other measure that appears on the same <br />ballot as this Charter Amendment and conflicts with or purports to address the same <br />subject matter of this Charter Amendment, or would affect in any way development of <br />Cargill Lands, shall be deemed to conflict with the entire set of policies adopted by this <br /> <br />3 <br />