Overview

Redwood Shores is a planned development community along the many lagoons east of Hwy. 101.  There are 565 waterfront properties owned by businesses, individual homeowners, and associations.  Each waterfront property extends into the lagoon and is designated as "Controlled Waterway" in Redwood City's General Plan (dated March 13, 2008) and "Tidal Plan Water Combining District" (or "TP-W") in Redwood City Zoning Map (March 12, 2008).  As such, Measure W defines these properties as "open space use" and, if passed, could restrict owners from making certain improvements.  Even though Measure W has not been passed, owners who want to sell their waterfront properties must disclose this pending event, which could have an adverse impact on the value of their home. 

Summary of Impact of Measure W

For waterfront property owners, certain improvements may be considered "non-open use" and require the approval of two-thirds of the voters prior to making the change.  For waterfront homeowners and association common areas, adding or changing the design of a dock in a "Controlled Waterway" could be considered "non-open space use" and potentially trigger a vote.  For owners of commercial properties and the Fully Alive Church, other improvements such as facilities expansion would be considered "non-open space use" and also trigger a vote.  For all affected property owners, any third party that objects to proposed improvements deemed as "non-open space use" by Measure W could legally demand approval by two-thirds vote before the City could grant approval.

While proponents of Measure W assert that such improvements and uses that are currently permitted by the City remain unchanged, Measure W's language is clear only for "any project, use, or activity for which a property owner has obtained, as of the effective date of this Section, a vested right pursuant to State law."  Future projects at these properties that are subject to City planning and permitting processes must comply with the terms of Measure W.

No matter how one interprets Measure W, its exacting language sets up legal ambiguities which only the courts will be able to settle.

Therefore, Measure W unfairly and adversely impacts hundreds of private properties, diminishes property rights of owners whose home and businesses should have nothing to do with open space preservation, and reduces property values by creating a "legal cloud" that would discourage any potential buyer.

How dose Measure W Affect Redwood Shores and its Residents

Simple Permits, not just large projects (zoning)

Measure W Section 6a C (4) States
"No general plan amendment, rezoning, specific plan, precise plan, tentative subdivision map, parcel map, conditional use permit, planned community permit, or other discretionary entitlement for use shall be approved or issued unless consistent with the provisions of this Section 6a." (bold added for emphasis)

Look up the word 'discretionary entitlement' and you will find this means 'licenses and permits'.

Controlled Waterways are designated as Open Space Lands

§         B.  Definitions:  For the purposes of this Section 6a, the following definitions apply:
“Open Space Lands” means all lands identified as ... “Controlled Waterway (Redwood Shores Area),” ... on the City’s General Plan Land Use Map as of March 13, 2008;...

Property Extend into the Controlled Waterways

The pictures below illustrate how the owner's property line extends into the Controlled Waterways. This means that a permit for a dock would require a special election and a winning of a 2/3rds vote.

Redwood Shores Aerial Photo Showing Controlled Waterways

This diagram shows how a property owner's property line extends into the Controlled Waterways.

Sample Property Line inside Controlled Waterway

Docks are not an Open Space Use

Redwood Shores Docks

Legal Review by City Attorney

Summary: A new dock in the ‘Controlled Waterways’ of the lagoon may require a 2/3rds vote.

Source: http://www.redwoodcity.org/government/council/packets/2008/0630/7A.pdf

#9 Would the Charter initiative (Measure W) apply to property owners along the shores of Redwood Shores.

Response: The initiative would not affect the property owner’s land but it could arguably affect their ability to construct docks or other improvements that extend into lagoon waters. The Planning Division, however, would take the position that the initiative does not change the approval process for these land owners to construct docks and other improvements.

Properties with frontage on the lagoon are predominately residential and have a general plan designation of “Low and Medium Density” and a zoning designation of R-1, R-2 or R-3, which are residential districts. These are not covered by the initiative. In addition, a portion of many of these properties extends over the shore into the lagoon and these water-oriented lands fall within the Tidal Plain – Combined Water Zoning District (TP-W). The TP-W zoning district does not fall within the lands cited in the proposed initiative. However, the lagoons have a general plan designation of Controlled Waterways (Redwood Shores Area), which is covered by the initiative.

The question then is whether the initiative would apply to a property owner if he or she desires to build a dock or other improvement that extends into lagoon waters that are designated Controlled Waterways on the general plan. As a matter of practice, the Planning Division allows boat docks and basic customary improvements, such as landscaping, decks and retaining walls, in these areas as appurtenant to the main use of the adjacent land, which is predominately residential. This is permitted under the applicable zoning designation. In most cases, the City requires the property owners to obtain a Planned Development Permit to ensure proper engineering and aesthetic controls for these types of improvements. Most homeowner associations in Redwood Shores also provide design review of these types of improvements.

If the initiative passed, the Planning Division would continue to approve these uses through the existing process, without the two-thirds voter approval requirement. However, a dispute could arise if an improvement, such as a dock, extended into the lagoon waters with a general plan designation of Controlled Waterway. In that case, someone intent on blocking the construction of a dock or other improvement could argue that land covered by the initiative is affected and the two-thirds voter approval provision applies because a dock is not an “Open Space” use under the initiative.

Relevant Sections in Measure W

Highlights have been added for emphasis

§ B. Definitions: For the purposes of this Section 6a, the following definitions apply:
(2) “Non-Open Space Uses” means any use other than the following: (a) Agriculture; (b) Extraction of chemicals from sea water by natural evaporation and extraction of oyster shells or other deposits from San Francisco Bay; (c) Public parks and public recreation areas or facilities; (d) Restored Wetlands; and (e) uses defined as accessory to the foregoing uses in the applicable zoning district as of March 13, 2008.”

§ B. Definitions: For the purposes of this Section 6a, the following definitions apply:
“Open Space Lands” means all lands identified as either (a) “Park,”,“Unimproved Areas (Land or Water) Devoted to Preservation of Natural Resources, the Managed Production of Resources, Outdoor Recreation, or Public Health and Safety,” “Future Development Expanding Limits of Urbanization,” “Controlled Waterway (Redwood Shores Area),” or “San Francisco Bay Water” on the City’s General Plan Land Use Map as of March 13, 2008; or (b) “Tidal Plain” (“TP”) or “Redwood Shores Bay Front” (“RSB”) on the City’s Zoning Map as of March 13, 2008.”

§ C. Implementation, Paragraph #4 states:
“No general plan amendment, rezoning, specific plan, precise plan, tentative subdivision map, parcel map, conditional use permit, planned community permit, or other discretionary entitlement for use shall be approved or issued unless consistent with the provisions of the Section 6a.”

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