Measure J Draft Version 1.1

Ed. Note: This post is part of an online forum created to discuss possible improvements to Measure J.  A full explanation of this forum can be found here: www.davisvoice.com/measurej . Please use the comments section of this post to suggest actual changes to wording of the ordinance.  In order to structure this forum, please do NOT use this comments section to discuss the why’s, how’s, wherefore’s etc… please locate the most recent commentary piece to take part in that conversation.

Formatting Note: Additions are in underlined and italicized bold. Deletions are indicated with strike-through.

MEASURE  J Proposed Revisions – Draft Version 1.01

Article 1A

CITIZEN’S RIGHT TO VOTE ON FUTURE USE OF OPEN SPACE AND AGRICULTURAL LANDS

Section 29-12.4.1                        Title

This article shall be known as the Citizens’ Right to an Early Vote on Future Use of Open Space and Agricultural Lands Ordinance.

Section 29-12.4.2            Purpose and Findings.

A. Purpose.

The purpose of this Article is to establish a mechanism for direct citizen participation in land use decisions affecting City policies for compact urban form, agricultural land preservation and an adequate housing supply to meet internal City needs, by providing the people of the City of Davis the right to vote, without having to evoke referenda, on general plan land use map amendments that would convert any agricultural, open space, or urban reserve lands, as designated on the Land Use Map of the City of Davis General Plan, dated August 1, 1999, to an urban or urban reserve land use designation and on any development proposal on the Covell Center, Nishi Properties, or Cannery project. The purpose of this Article is to ensure that the purposes and principles set forth in the city of Davis General Plan relating to voter approval, land use, affordable housing, open space, agricultural preservation and conservation are fully considered by establishing an expanded land use entitlement process for proposed conversion of properties to urban use that are designated or in agricultural or open space use or are at the Hunt’s Cannery site. This action recognizes that continued conversion of agricultural lands to meet urban needs is may neither be inevitable nor necessary, and that any land use decision affecting such properties shall be subject to a public vote.

B. Findings. The City Council and the voters of the City hereby incorporate all of the recitals set forth above and, in addition, find that:

1. The protection of existing agricultural and open space lands, natural habitats and reserves surrounding the City of Davis, and within the Davis Planning Area, is of critical importance to the present and future residents of the City of Davis. Agriculture has been and remains a major contributor to local and regional economy directly and indirectly creating employment for many people, and providing valuable food crops distributed worldwide.

2. Continued urban encroachment into agricultural and open space lands, natural habitats and reserves impairs agriculture and threatens the public health, safety, and welfare by causing increased traffic congestion, associated air pollution, and potential adverse impacts to the quantity and quality of available water resources. Continued urban encroachment into agricultural lands also requires significant new public infrastructures and facilities and places additional stresses on existing public infrastructure and facilities.

3. The unique character of the City of Davis and the quality of life enjoyed by City residents depend on the protection of agricultural, open space lands, and natural habitats and reserves on its periphery. The protection of such lands aids the continued viability of agriculture, defines urban/rural boundary, and brings mental and physical benefits from the broad vistas at the urban edge onto open space and agricultural lands. It also contributes to the protection of wildlife including rare, endangered, or threatened species, environmentally sensitive areas, and irreplaceable natural resources.

4. The General Plan contains policies for compact urban form, and protection of agricultural lands from urban development including a policy that prohibits new urban development on open space and agricultural lands. The General Plan further calls for the use of all available mechanisms to preserve open space and agricultural lands and provides for the implementations of growth management systems.

5. The City has actively promoted both the preservation of agricultural lands and habitat and the availability of affordable housing within the City through the existing policies in the City’s General Plan and the City’s implementing activities, including but not limited to the Right to Farm Ordinance, the City’s acquisition of open space, agricultural lands and habitat, the City’s participation in the Agricultural Lands Stewardship Program, the City’s Affordable Housing Ordinance, the Redevelopment Plan and the Redevelopment Pass-through Agreement and other city programs and policies designed to promote agricultural preservation and/or affordable housing.

6. This Citizen’s Right to an Early Vote on Future Use of Open Space and Agricultural Lands Ordinance implements the General Plan and is consistent with the City’s adopted General Plan and furthers and implements the policies of the General Plan. The City finds that this Ordinance will provide for a balance between the preservation of agricultural lands and open space and the housing needs of theCity.

7. The Citizen’s Right to an Early Vote on Future Use of Open Space and Agricultural Lands Ordinance is meant to obtain voters approval of guidelines and baseline project features prior to processing full entitlements and CEQA analysis. The purpose is to avoid spending time and money on the full entitlement process until such time as the voters have approved of the baseline project features, which shall be established by the City Council through a pre-application process. If the voters approve of the baseline project features the project will proceed through the full City process and CEQA analysis and final determination by the City Council.

Section 29-12.4.3            Voter Approval.

A. Voter Approval of Changes to Land Use Designations on the Land Use Map from Agricultural or Urban Reserve to Urban land use designations or from Agricultural to Urban Reserve land use designations.

(1) Each and every proposed amendment or modification of the Land Use Map to modify the land use designation of lands designated for agricultural, open space or urban reserve use on the Land Use Map to an urban or urban reserve designation is a significant change that affects the City and its ability to maintain its vision for a compact urban form surrounded by farmlands and open space. Any such proposal, therefore, requires public participation in the decision after a pre-application process, including, but not limited to, voter approval proposed amendment or modification of the Land Use Map.

(2) Any pre-application for an amendment or modification of the Land Use Map that proposes changing the Land Use Map land use designation for any property from an agricultural, open space, or urban reserve land use designation (e.g. agricultural, open space, agricultural reserve, urban reserve, environmentally sensitive habitat, Davis Greenbelt) to an urban land use designation or from an agricultural designation to an urban reserve designation shall require:

(a) Establishment of baseline project features and requirements such as recreation facilities, public facilities and significant project design features as City Council deems sufficient for the public to make a determination on the project. Such information should include a range of units, phasing, and other project features and requirements, which cannot be eliminated, significantly modified or reduced without subsequent voter approval.

(b) Approval by the City Council, after establishment of baseline project features and guidelines through a pre-application process but prior to compliance with the California Environmental Quality Act, the State Planning and Zoning laws and any other applicable laws or regulations, and then

(c) Approval by an affirmative majority vote of the voters of the City of Davis voting on the proposal. The land use designation amendment or modification shall become effective only after approval by the City Council after majority support by the voters in the pre-application process. The City shall not submit any application proposed project to the voters if the pre-application establishing baseline project features and guidelines has not first been approved by the City Council, unless otherwise required by law.

(d)  If the baseline project features in the pre-application are approved by the voters, the City shall diligently process a full development application and entitlement package consistent with all the requirements included in the ballot measure and through the applicable city review process. This process should be consistent with all applicable ordinances that govern development including design review, tentative map, CEQA requirements, public hearings, a development agreement, and a final action on the entitlement package by the City Council.  The City Council is not obligated to approve a project just because it has passed pre-application public vote.

(3 ) If, after compliance with the California Environmental Quality Act and other applicable laws, the City Council modifies or amends the land use designation for any property from an urban land use designation to an agricultural, open space, or urban reserve land use designation, the land use of that property shall not be amended or modified from the agricultural, open space, or urban reserve designation to an urban land use designation without first complying with this Article, including but not limited to the voter approval requirements set forth in subsection A(2), above.

B.  Voter Approval of Development Proposals on Remaining Large Vacant Properties (Covell Center Nishi properties and the Cannery property) Designated for Urban Land Uses on Land Use Map, dated August 1, 1999.

(1)  In recognition of the pace and extent of development that has occurred during the first half of the 1987 General Plan Planning period, careful consideration shall be given to future use of the remaining two three large vacant properties currently designated for urban uses on the Land Use Map that are not subject to a Development Agreement or do not have a vested right to proceed with development of housing on the property. Key considerations for requiring voter approval prior to development on these two properties are impacts on already overburdened public facilities and infrastructure, long-term preservation of adjoining agricultural lands, preservation of viewsheds and valuable habitat areas, and to ensure that the city maintains a compact and efficient urban form as mandated by general Plan policies. Accordingly, any land use decision that directly affects one or both of these properties, or any portions thereof, including any Legislative Action, Subdivision Map Application, Site Plan Review, or Planned Development Application, requires full public participation, including an affirmative vote of the people on any City Council action to approve such a request. Specific properties included under these provisions are:

(a) The property known as Covell Center, or any portion of said property, bordered by Covell boulevard on the south, the Hunt property and County Road 101A on the west, County Road 102/Pole Line Road on the east, and the southern edge of the city owned property and extending to F Street on the north as shown on the Land Use Map (Exhibit A).

(b) The Nishi property, or any portion thereof, the boundaries of which are established in the Gateway/Olive Drive Specific Plan dated January, 1996 (Exhibit B).

(c) The Cannery (Hunt) property, or any portion thereof, the boundaries of which are…

(2) Any application for a development proposal or land use change leading to urban development on all, or any portion of either of these properties shall require:

(a) Establishment of baseline project features through a pre-application process reviewed by the City Council and requirements such as recreation facilities, public facilities, significant project design features, sequencing or phasing, or similar features and requirements as shown on project exhibits and plans submitted for voter approval, which cannot be eliminated, reduced or significantly modified without subsequent voter approval.

(b) Approval by the City Council of the pre-application. after compliance with the California Environmental Quality Act, the State Planning and Zoning laws, and any other applicable laws or regulations) and then:

(c) Approval by an affirmative majority vote of the voters of the City of Davis voting on the proposal. The land use entitlements for development on all, or any portion of either of these properties shall become effective only after approval by the City Council and the pre-application vote voters. The City shall not submit any pre-application to voters if the pre-application has not first been approved by the City Council,.

(d)  If the baseline project features in the pre-application are approved by the voters, the City shall diligently process a full development application and entitlement package consistent with the baseline project features and guidelines through the applicable city review process. This should be consistent with all applicable ordinances that govern development including design review, tentative map, CEQA requirements, public hearings, a development agreement, and a final action on the entitlement package by the City Council.

(3) Voter approval of an application applicable to one or both of the above properties shall be required for:

(a) Any land use entitlement or development proposal application request affecting the entire property; except a request that would change the land use designation to an agricultural land use designation.

(b) Any land use entitlement request for the development of a portion of the property.

C. Once the voters have approved the pre-application a land use map designation or land use entitlement for a property, additional voter approval shall not be required for:

(1) Subsequent entitlement requests that are consistent with the overall, approved development project or land use designation and entitlements including baseline project features and required provision of open space, recreation amenities, design features and other public features and requirements as specified by the city council and/or shown in the exhibits and plans and approved by the voters.

(2) Any requested modification to a land use designation or development project entitlement that does not significantly increase or decrease the number of permitted  dwellings or units or the intensity of commercial/industrial development and does not significantly modify or reduce the baseline project features and required provisions of open space, recreational amenities, design features, and public facilities, as specified by the City Council and/or shown in the exhibits or plans and  approved by the voters.

Section 29-12.4.4            Exemptions.

The requirement for voter approval set forth in this Article shall not apply to any of the following:

(a) Land to be used for public schools; except:

(1) Should such land be deemed not needed for public school purpose, any proposal to convert such land for urban use shall be subject to the voter approval requirements of this Article.

(b) Land to be used for public parks; except: (1) Should any such land be deemed not needed for public park purposes, any proposal to convert such land to urban use shall be subject to the voter approval requirements of this Article.

(c) Other city facilities that require large acreage that cannot feasibly be located on lands designated for urban uses (e.g. a sewer treatment facility; solid waste disposal facility, corporation yard, etc.)

(d) Any redesignation of the parcel immediately north of Sutter Davis Hospital designated Urban Reserve. On the Land Use Map, after compliance with the California Environmental Quality Act and other applicable laws, for use as medical facilities or medical offices and uses subordinate or accessory to medical facilities or medical offices.

(e) After notice and hearing as required by state law and after compliance with the California Environmental Quality Act, the City Council may, without a vote of the electorate of the City, approve residential development on land designated agriculture, agriculture reserve or urban reserve if the City Council finds that all of the following circumstances exist;

(1) the approval is necessary and required to meet the City’s legal fair share housing requirement and/or the City’s growth rate under the Redevelopment Pass-Through Agreement;

(2) there is no other land already designated for urban use that can accommodate the City’s legal fair share housing requirement and/or Redevelopment Pass-Through Agreement growth rate; and

(3)  not more than five (5) acres per year in total area is designated under this exemption for residential development. Additional acreage may be designated under this exemption if the City Council finds that the acreage is necessary to meet the City’s legal fair share obligation based on maximum multi-family densities. Any proposal approved under this subsection shall be required to have all housing units permanently affordable to persons or families of moderate, low and very low income. The intent of this exemption is to provide sufficient land for housing to accommodate moderate, low and very low income housing and to accommodate the requirements of the Pass-Through Agreement, as may be necessary over time.

(f) Any development project that has obtained a vested right pursuant to state law prior to the effective date of this Ordinance.

Section 29-12.4.4            Definitions.

As used herein, the following words and phrases shall have the following meanings:

(a) “Agriculture and open space land use designation,” “agricultural land use designation” or “urban reserve land use designation” shall refer to the 1987 General Plan land use designations and the uses permitted within these land use designations that provide for agricultural or open space uses, including, but not limited to, agriculture, agriculture reserve, agricultural open space, environmentally sensitive habitat are, greenbelt/agriculture buffer, or urban reserve as they exist on August 1, 1999: in particular:

1. “Agricultural Reserve” means agricultural lands designated as permanent agriculture. this designation is used in areas to ensure a permanent buffer between adjacent jurisdictions.

2. “Agricultural Open Space” means lands in agricultural use and land designated to protect valuable natural resources.

3. “Agricultural uses” include farmlands (including farmhouses and farm buildings) and land to be used for the production of food and fiber. residential and non-residential uses that preclude agricultural uses are prohibited.

4. “Urban Reserve” means land designated for potential urban development after the development of land designated for urban uses on the General Plan Land Use Map. It is the intent of the Agricultural and Open Space land use designations to protect valuable natural resources such as agricultural land and natural habitat, to allow for productive agricultural use, to ensure a permanent buffer between adjacent jurisdictions and to serve as a visual amenity around urban development. It is further the intent of these land use designations to preserve existing wildlife habitat and develop new wildlife habitat. Wildlife preserves, low intensity recreation, nature study and interpretive centers are permissible uses if the particular use is compatible with agricultural and/or habitat uses.

(b) “General Plan land use map,” “General Plan map” or “Land Use Map” specifically refers to the land use map from the 1987 City of Davis General Plan, as amended through August 1, 1999.

(c) “Affordable to moderate low and very low income persons or families” shall have the same meaning and income levels as those used in the City’s Affordable Housing Ordinance, sections 12A-50 through 12A-56, inclusive, of the City’s Municipal Code or as used by the United States Department of Housing and Urban Development.

(d) “Urban Use” or “Urban Land Use Designation” refers to any land use designation that permits development, including but not limited to any residential use (with a density greater than one unit per twenty (20) gross acres), retail, office, highway/service commercial, recreational/commercial, business parks, public/semi public, industrial, or other non-open space or non-agricultural use characteristic of urban development.

(e) “Significantly” or “significantly changed or modified” means that the proposed change or modification materially alters the essential characteristics of the project or the baseline feature or requirement.

(f) “Pre-application” means an application submitted by an applicant that outlines the baseline project features to be voted on under this ordinance. The pre-application will undergo staff and council review and input in order to contain enough detail to allow the voters to make an informed decision on the proposed project.

Section 29-12.4.6            Elections.

(a) Except of the renewal or repeal of this article pursuant to section 4 of Ordinance No. 2008 any direct or indirect costs to the City of Davis caused by the elections mandated by this Article shall be borne by the applicants of the amendment of the General Plan land use map designation or other development proposal requiring the election, unless otherwise prohibited by state law.

(b) Elections mandated by this Article shall be consolidated with other elections, whenever feasible. Different proposals may appear on the same ballot at the same election provided that each separate proposal affecting a discrete property or development project shall be submitted to the voters as a separate measure.

Section 4.            Effective Date, Duration,  Renewal

A. The effective date of this Ordinance, including the amendment to the General Plan included herein and the Citizens’ Right to Vote on Future Use of Open Space and Agricultural Lands ordinance, shall be June 10, 2010, (the “effective date”) or such later date that this Ordinance is approved by a majority of the voters voting on this Ordinance.

B. This Ordinance shall remain in effect until December 31, 2020, unless modified or repealed earlier by the voters of the City by majority vote. On a regularly scheduled election date prior to December 31, 2020, the City Council shall submit the provisions of this Ordinance to the voters of the City for renewal, amendment or repeal.

Section 5            Amendment or Repeal.

This Ordinance shall be submitted to the voters of the city at an election called to be held in June 2010. Upon approval by the voters, this Ordinance shall remain in effect as set forth in section 4 above. This Ordinance may be amended or repealed only by the voters of the City of Davis at an election held in accordance with state law.

Section 6            Severability.

If any word, sentence, paragraph, subparagraph, section, subsection or portion of this Ordinance is declared unconstitutional or otherwise in violation of state or federal law by a court, the remaining works, sentences, paragraphs, subparagraphs, sections, subsections or portions are to remain valid and enforceable.

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