This is the full text of Measure J, passed in May 2000.
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ORDINANCE NO. 2008
AN ORDINANCE OF THE CITY OF DAVIS AMENDING THE CITY'S GENERAL PLAN TO ADD A POLICY REQUIRING VOTER APPROVAL FOR CERTAIN CHANGES TO THE LAND USE DESIGNATIONS OR ENTITLEMENTS OF PROPERTIES SHOWN ON THE GENERAL PLAN LAND USE MAP AND ENACTING THE CITIZENS' RIGHT TO VOTE ON FUTURE USE OF OPEN SPACE AND AGRICULTURAL LANDS ORDINANCE TO PROVIDE FOR VOTER APPROVAL OF (1) ANY GENERAL PLAN LAND USE MAP AMENDMENT THAT CHANGES A LAND USE DESIGNATION FROM AN AGRICULTURAL OR URBAN RESERVE DESIGNATION TO AN URBAN DESIGNATION OR FROM AN AGRICULTURAL DESIGNATION TO AN URBAN RESERVE DESIGNATION AND (2) ANY PROPOSAL FOR DEVELOPMENT ON THE LAST TWO LARGE VACANT PROPERTIES DESIGNATED FOR URBAN USE COMMONLY KNOWN AS THE COVELL CENTER AND NISHI PROPERTIES; THIS ORDINANCE TO BE ADOPTED BY THE VOTERS AND EFFECTIVE UPON ADOPTION BY THE VOTERS OF THE CITY
WHEREAS, the City of Davis is a small, University-oriented city surrounded by and containing farmlands, open space, greenbelts, and natural habitats and reserves;
WHEREAS, the City desires to protect the viability of agriculture and agricultural land within the Davis Planning Area;
WHEREAS, the City desires to protect agricultural vistas and viewsheds from urban encroachment to maintain the visual qualities of a compact city surrounded by agricultural and open space lands;
WHEREAS, the City’s General Plan prohibits new residential subdivisions and other urban development in areas designated as agricultural reserve or agricultural open space on the General Plan map;
WHEREAS, the City’s General Plan includes and supports the Yolo County Davis Area Plan which calls for the protection of agriculture and agricultural land from urban development, and states that the maintenance of the agricultural economy of the county requires containment of urbanization and recognizes that agricultural uses are the highest and best uses of the land within Yolo County;
WHEREAS, continued urban encroachment into agricultural lands exacerbates suburban sprawl, threatens the public health, safety and welfare by causing increased traffic congestion, increased air pollution, potentially adverse impacts on water and water resources, and the irreversible loss of agricultural and open space lands, among other adverse environmental impacts;
WHEREAS, the City recognizes the importance of affordable housing and requires that, to the extent feasible, for-sale and rental housing developments meet certain affordable housing standards as set forth in the General Plan and the Affordable Housing Ordinance;
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WHEREAS, for the period from July 1, 1989 to June 30, 1996, the City has provided approximately 137 percent of its legal fair share housing requirement as determined by the Sacramento Area Council of Governments (SACOG);
WHEREAS, buildout of the 1987 General Plan through 2010 would result in an average annual growth of 1.87 percent within the city;
WHEREAS, the actual annual population growth rate with the City of Davis from 1988 through 1999 within the city has been 2.39 percent, which is 28 percent higher than anticipated, placing significant burdens on public infrastructure and educational facilities;
WHEREAS, allowing urbanization of additional lands during the remainder of the General Plan period would create the potential for sustaining a growth rate that is higher than anticipated, thus justifying direct citizen participation in substantive land use decisions that affect future city size and population;
WHEREAS, the General Plan calls for a mechanism to regulate growth and housing construction, such as the phased allocation system;
WHEREAS, adoption of an additional General Plan policy requiring voter approval, as set forth herein, will strengthen the existing policies of the General Plan calling for public participation in land use decisions;
WHEREAS, requiring voter approval of land use designation amendments from agricultural to urban or urban reserve or from urban reserve to urban will ensure opportunities for full public participation in decisions affecting future use of agricultural and open space lands that surround the City;
WHEREAS, requiring voter participation in any land decision affecting the two remaining large vacant properties currently in agricultural or open space use, but designated for urban uses, as defined herein provides an appropriate public forum for deciding future use of these properties for either long term agricultural use or for urban development relative to city policies for compact urban form, agricultural lands preservation, housing and economic development.
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NOW, THEREFORE, THE PEOPLE OF THE CITY OF DAVIS DO HEREBY ORDAIN AS FOLLOWS:
Section 1. The City of Davis General Plan, Land Use Element is hereby amended to add the following Guiding Policy, Policy 2.1.H.1 to read as follows:
H.1. Establish and require a citizens' vote process for any proposed amendment to the Land Use Map as amended through August 1, 1999 from an agricultural or urban reserve designation to an urban designation or from an agricultural designation to an urban reserve designation; or for any development proposal on the Covell Center and Nishi properties1; to ensure full public participation and consideration of issues related to such decisions, including impacts on policies calling for compact urban form, preservation of agricultural lands surrounding the city for long term agricultural use, and provisions of an adequate housing supply to meet internal needs of the city. This policy and the land use designations affected by this policy shall remain in effect in the General Plan or any update to the General Plan until December 31, 2010 or as long as the Citizens' Right to Vote on the Future of Agricultural and Open Space Lands Ordinance remains in effect.
This policy is intended to assure full participation in land use decisions by the citizens and voters of the City, including but not limited to public debate and a vote of the people, and to assure that the principles set forth in the General Plan relating to land use, affordable housing, open space, agricultural preservation and conservation and the like are fully implemented.
Section 2. The City of Davis General Plan Land Use Element is hereby amended to add the following Implementing Policy, Policy S, to read as follows:
S. Prepare and implement the requirement for a citizen voter approval process set forth in guiding Policy H.1.
Section 3. Article IA is hereby added to Chapter 29 of the Davis Municipal Code to read as follows:
Article 1A
Citizens' 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 Vote on Future Use of Open Space and Agricultural Lands Ordinance.
Wiki Editors note: These are footnotes
1 (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).
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Section 29-12.4.2. A. Purpose.
Purpose and Findings:
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 or Nishi properties. 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. This action recognizes that continued conversion of agricultural lands to meet urban needs is neither 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 infrastructure 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.
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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 implementation 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 Citizens' Right to 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 the City. 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, including, but not limited to, voter approval of the proposed amendment or modification of the Land Use Map. (2) Any 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, 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, significantly modified or reduced without subsequent voter approval.
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(b) Approval by the City Council, 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 designation amendment or modification shall become effective only after approval by the City Council and the voters. The City shall not submit any application to the voters if the application has not first been approved by the City Council, unless otherwise required by law. (3) If, after compliance with the California Environmental Quality Act and any 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 designation 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 and Nishi properties) 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 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 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).
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(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 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, 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 voters. The City shall not submit any application to voters if the application has not first been approved by the City Council, unless otherwise required by law. (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) of the property. C. Once the voters have approved 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 the baseline project features and required provision of open space, recreational amenities, design features and public facilities, as specified in the exhibits and plans approved by the voters. (2) Any requested modification to a land use designation or development project entitlement that does not increase 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 provision of open space, recreational amenities, design features and public facilities, as specified in the exhibits and plans approved by the voters. Any land use entitlement request for the development of a portion
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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 purposes, 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 PassThrough 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.
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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 PassThrough 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 29-12.4.5 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 area, 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 nonresidential 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
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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. Section 29-12.4.6. Elections.
Deleted: _,
(a) Except for 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 March 8, 2000, (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, 2010, unless modified or repealed earlier by the voters of the City by majority vote. On a regularly scheduled election date prior to December 31, 2010, 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 on March 7, 2000. 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 words, sentences, paragraphs, subparagraphs, sections, subsections or portions are to remain valid and enforceable.
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INTRODUCED on November 3, 1999 ADOPTED by the City Council on November 17, 1999 following vote:
, 1999, and PASSED AND , 1999 by the
Deleted:
AYES: NOES: ABSENT:
Forbes, Freeman, Wagstaff, Partansky. Boyd. None.
Julie Partansky, Mayor ATTEST: Bette Racki, City Clerk
Submitted to the voters on March 7, 2000. Passed and adopted by the voters on _, 2000.
