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

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8A Page 4 4. Nothing in this Charter Amendment is intended to diminish or otherwise alter the requirement of the California Environmental Quality Act ("CEQA") applicable to any act of the City of Redwood City to approve a proiect prior to submission of the act to the voters for ratification. City Council shall submit to the voters a legislative act approving or permitting development on Cargill Lands only after City Council has certified an environmental impact report in accordance with the CEQA. D. Exceptions from Voter Ratification Requirement [1. The voter ratification requirement shall not apply to any changes to the General Plan that apply to the Cargill Lands that are made as part of a new and comprehensive General Plan for Redwood City. This exception applies to the City's New General Plan review and approval process, currently scheduled to be undertaken in 2008-09.] [2] L, The voter ratification requirement shall not apply to any development for which a landowner has obtained, as of the effective date of this Charter Amendment, a vested right pursuant to State law. 2. The voter ratification requirement shall not be interpreted to require voter approval of any amendment or action that, under State or Federal law, may not be subject to voter approval. 3. City Council may, without voter ratification, approve development of the Cargill Lands if it (1) makes a finding that the voter ratification requirement would constitute an unconstitutional taking, and (2) allows development of Cargill Lands only to the extent necessary to avoid the unconstitutional taking. 4. Nothing in this Charter Amendment shall be construed or applied to prevent the City from complying with its housing obligations under State law. City Council may, without voter ratification, approve development of the Cargill Lands if it (1) makes a finding that development of Cargill Lands is necessary to comply with the City's housing obligation and there is no suitable land available in the City, other than the Cargill Lands, that may be used to satisfy that requirement, and (2) allows development of Cargill Lands only to the extent necessary to comply with the applicable State law housing obligation. 5. The voter ratification requirement shall not apply to any actions necessary to prevent or mitigate an emergency or the effects of an emergency. For purposes of this subsection, "emergency" means a sudden or unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or dam~Mto,Jife, health, property, or essential public services, "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage. Section 4: Effect of Alternative Measure on the Same Ballot This Charter Amendment adopts a comprehensive set of policies permitting voter approval of future development on Cargill Lands. By voting for this Charter 3