AgdaPkt 2008-07-28 Clsd and Reg - Laserfiche WebLink

Browse Search

88 Page 12 satisfied: a, The City Council, by a five-sevenths (5I7ths) vote of its members, makes a finding, based on substantial evidence supporting such finding, and in the absence of any contrary substantial evidence, that the application of this Section 6a would constitute an unconstitutional taking of the landowner's property; and b. In authorizing or approving the amendment or action, the City Council allows Non-Open Space Uses of Open Space Lands only to the extent necessary to avoid said unconstitutional taking of the landowner's property. 4. Nothing in this Section 6a shall be construed or applied to prevent the City from complying with its housing obligations under State law. Where necessary to comply with applicable State law governing the provision of housing, the City Council may approve an amendment or action that would authorize or pennit Non-Open Space Uses on Open Space Lands pursuant to its usual procedures, and without approval by a vote of the people as provided in this Section 6a, upon making all of the following findings: a. The amendment or action is necessary to comply with a State law imposing a mandatory obligation ("applicable State housing law"); b. There is no suitable land available in the incorporated areas of the City, other than Open Space Lands, that may be used to satisfy the applicable State housing law; and c. No more Non-Open Space Uses are permitted pursuant to this subsection than are necessary to comply with the applicable State housing law. Section 3: Effective Date and ReQuest for Earliest Possible Election The "Effective Date" of this Charter Amendment, as that term is used in Jeffrey v. Superior Court, 102 CaLApp.4th 1 (2002), is January 30, 2009, unless it is not legally possible for the proposed amendment to be placed on the ballot at the November 4, 2008, election, in which case the "EtIective Date" shall be June 1,2009. The voters who have Page 6