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HomeMy WebLinkAboutItem 7.1 Dublin Ridgeland Voters , . , . CITY CLERK File # Dl?iJ[2][{i]..rn(Q] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 16, 1999 SUBJECT: Report from the Dublin Ridgeland Voters' Voice Initiative Committee (Report Prepared by Councilmember Lockhart) ATTACHMENTS: 1. Alternative A: Draft Resolution calling a special election to submit a measure to the voters to adopt an Urban Limit Line in the Western Extended Planning Area and setting a date for an election of the voters of the City of Dublin and adopting ballot language. (Possible Dates: special election June 8, 1999, November 2, 1999; March 7, 2000; or April 7,2000) 2. Alternative B: Draft Resolution to submit a measure to the voters to adopt an Urban Limit Line in the Western Extended Planning Area and setting the date for an election of the voters of the City of Dublin and adopting ballot language. (Regular election date: November 7, 2000) 3. Resolution of the City of Dublin approving a General Plan Amendment to establish an Urban Limit Line for Western Dublin. (Resolution to be submitted to the voters) 4. Draft Resolution of the City Council initiating a General Plan Amendment Study to implement the proposed Urban Limit Line. 5. Draft Urgency Ordinance establishing a 45-day moratorium on the acceptance, processing and approval of future General Plan Amendments in the Western Extended Planning Area. 6. Binder containing minutes, correspondence, proposed Initiative drafts and Council minutes regarding the Dublin Ridgeland Voters ' Voice Initiative Committee activities, October 12, 1998 to January 26, 1999. 7. Area map - Western Extended Planning Area . RECOMMENDATION: A ~d 1 Hear report from the Committee. \"".. 2. Open discussion for public testimony, close public testimony. 3. Determine if growth limitations are appropriate for the Western Extended Planning Area. 4. Determine if the Urban Limit Line approach is appropriate to control development in Western Dublin. . COPIES TO: Initiative Proponents 1I:A{,_50 J:k" 1. / ITEM NO.--1..1 5. Evaluate Urban Limit Line (Western City limits) as p;opos6d'by' . the Committee and other proposed boundaries (exempting Nielsen Property) 6. Establish specific boundary of the Urban Limit Line as recommended by the Committee (present City limits) or as . modified by the City Council. 7. Adopt Resolution (Attachment I, Alternative A, or Attachment 2, Alternative B) placing a measure on the ballot to establish an Urban Limit Line for the Western Hills and setting an election for a specific date (regular or special election dates) and adopting ballot language. 8. Adopt Resolution (Attachment 4) (4/5 vote required) initiating a General Plan Amendment Study to implement the proposed Urban Limit Line (this will allow a moratorium to prohibit any new General Plan Amendments until the voters decide on the proposed measure). 9. Adopt Urgency Ordinance (Attachment 5) establishing a moratorium on future General Plan Amendments in the Western Extended Planning Area. 10. Determine whether Councilmembers should write the argument in favor of the measure and whether others should be allowed to join in argument. 11. Instruct staff to return with a report within 45 days to determine a moratorium should be extended for 10 months and 14 days. 12. Instruct staff to refer a proposal to delete areas within the Western Extended Planning Area from the City's adopted . Sphere of Influence to the Local Agency Formation Commission should the measure establishing an Urban Limit Line be approved by the voters of the City of Dublin. FINANCIAL STATEMENT: To place this issue before Dublin voters at the June 8, 1999, November 2, 1999, March 7, 2000 or April 7,2000 election, costs are estimated at between $14,000 to $22,000. To include a ballot measure at Dublin's next General Municipal Election (November, 2000) the estimated cost would be $1,500 per measure. BACKGROUND: At the October 6, 1998 Council meeting, the City Council appointed a committee comprised of Councilmembers Lockhart and Howard, proponents Morgan King, David Bewley and John Anderson, a representative of the Community Development Department and the City Attorney's Office to discuss a proposed Initiative regarding future development in the unincorporated Western Extended Planning Area. The Committee has held nine public meetings to review various aspects of the original proposed Initiative as well as the potential of an Urban Limit Line Initiative approach. Extensive public comment during the process has been received from concerned property owners and citizens both within the City and the Western Extended Planning Ar~a. Included for the Council's background are the minutes, correspondence, proposed Initiative drafts, and Council minutes regarding the Dublin Ridgeland Voters' . Voice Initiative Committee activities from October 12, 1998 to January 26, 1999. On January 5, 1999, the City Council asked the Committee to evaluate either the refinement of the original proponents Initiative by excluding proposed modifications to the Circulation Element of the . . G~I\eial Plan or evaluate an Urban Growth Limit Initiative approach to control development in the Western Extended Planning Area. . The Committee met on January 4 and January 26, 1999 and formulated specific recommendations to be sent to the City Council, along with other recommendations regarding Sphere of Influence and a moratorium until voter resolution of a proposed City Initiative. Recommendations were: 1. An Urban Limit Line should be adopted by initiative for areas beyond the Western City Limits to not allow new development in the Western Extended Planning Area for a period of 30 years unless specific General Plan Amendments have been approved by the City Council and submitted to the voters of the City for final approval. 2. A City Council measure to adopt this Urban Limit Line should be put on the ballot for voter resolution at a regular or special election in 1999 or 2000. 3. A moratorium on submittal or approval of any new General Plan Amendments in areas beyond the proposed Urban Limit Line should be adopted by the City Council until voter resolution of the proposed Initiative. 4. If an Initiative is approved by the voters, consideration should be given to petitioning LAFCO to remove areas now in the Dublin Sphere of Influence in the Western Extended Planning Area and returning them to Alameda County jurisdiction. 5. No specific recommendation was made regarding the request of the Nielsen family to have their property immediately adjacent to the Western City Limits left out of the area to be included as a part . of the proposed Urban Limit Line boundary. Process and Timinl! for Placinl! Council-Sponsored Measure on Ballot Elections Code section 9222 authorizes the Council to place a measure before the voters without a oetition for the enactment of an ordinance or resolution, to be voted upon at any succeeding regular or special city election. Ifthe measure receives a majority ofthe votes cast on it at the election, the ordinance or resolution shall be repealed or amended only by a vote of the people. Pursuant to Section 9222, the Council can place a measure for an amendment of the general plan to establish an "urban limit line" before the voters at a regular or special city election. The Council does not have to comply with CEQA before placing such a measure before the voters. It also appears that the Council does not have to comply with the State Planning and Zoning Law prior to proposing such an amendment to the voters. The next regular City election is November 7,2000. The Council can vote at any time prior to August, 2000, to place a measure on the November 2000 ballot. If the Council wanted the measure to be considered prior to November 2000, it may call a special election. According to the Registrar of Voters, the special election must be on an "established election date" which would be June 8, 1999, November 2, 1999, March 7 or April 7, 2000. The last day to call a special election for June 8, 1999 is March 12; the last day for November 2, 1999 would be August 6, 1999. . Two draft resolutions are provided for Council consideration. Both draft resolutions propose a measure to the voters to amend the general plan to establish an urban limit line for the western hills. The proposed measure is in the form of a resolution which, if a majority of the voters approve it, will be . adopted by the people of the City, rather than by the Council. Attachment I, (Alternative A) would call a special election which could be on June 8, 1999, November 2, 1999, March 7, 2000 or April 7, 2000 to consider the proposed General Plan Amendment. The proposed . General Plan Amendment resolution is Attachment 3. Attachment 2, (Alternative B) would call a regular election, which would be held on November 7, 2000. If a special election can be consolidated with another election, which will be held in the City of Dublin, the cost to the City is reduced. The March 7, 2000 and November 7, 2000 elections will be statewide and the election could be consolidated with them. Staff is not aware of any other issues to be on the ballot in Dublin on June 8, 1999, November 2, 1999 or April 7, 2000. A special election on one of these dates will cost the City approximately $13,000 - $21,000 more than voting on 'the measure at the regular election in November 2000. Both draft resolutions include the question that would appear on the ballot. The question cannot exceed 75 words. Both draft resolutions also provide the option to the Council to designate one or more members of the Council to write the argument in favor of the measure. The resolution must specify the individuals to write the argument and whether it is on behalf of the entire Council. The draft language would also allow for others to sign the argument with the approval of the Council. Urban Limit Line The proposed measure (Attachment 3) adds a definition of Urban Limit Line and related policy . language. The Urban Limit Line is defined as the current western Dublin City limits, and all lands beyond the City limitslUrban Limit Line would be designated Rural Residential! Agriculture in the General Plan. The intent ofthe Urban Limit Line is to mark the westernmost boundary of urbanization in Dublin. In order to move the Urban Limit Line, a future developer would have to process a General Plan Amendment showing the proposed new location of the ULL and the proposed land use designation changes from Rural Residential/Agriculture to urban designation(s); secure approval from the City Council and place the matter before the voters in an election to ratify the proposed change. Initiation of General Plan Amendment to Adopt Urban Limit Line If the Council proposes a measure to the voters to amend the general plan to adopt an urban limit line for the western hills, the earliest the amendment would be effective is July 1999 (assuming a June 8, 1999 election). The Committee recommends that the Council adopt an identical amendment to the general plan to adopt an urban limit line for the Western hills so that an urban limit line is in effect at the earliest practicable time. If the Council does so amend the general plan, the amendment could be changed by the Council through the same process, whereas an urban limit line adopted by the voters can only be amended or repealed by the voters. The process for amending the general plan requires that the Council initiate a general plan amendment study. A resolution (Attachment 4) would do that. Under state law, the proposed amendment . requires CEQA review and public hearings before the Planning Commission and Council. If initiated, Staff anticipates that the process would be complete after the initiative has been resolved by the voters. . . . If the Council adopts the resolution to initiate a general plan amendment study (Attachment 4), the Council may adopt an ordinance on an urgency basis to impose a 45-day moratorium on processing any applications for land use approvals in the area subject to the study pending completion of the study. (Government Code section 65858.) Section 65858 does not authorize imposing a moratorium until an election to consider adopting an urban limit line. The moratorium ordinance (Attachment 5) would impose such a moratorium immediately. State law requires the Council to report on the progress of the study within 45 days. The Council may continue the moratorium for another 10 months and 15 days after the initial 45-day moratorium. Recommendation As identified by the committee, the following actions should be taken in order: 1. Hear the report from the committee as presented by Councilmember Lockhart. 2. Open the public discussion. Hear public comments on the committees' recommendations and other concerns. Close the public discussion. 3. The City Council should determine if growth limitations should be instituted for the Western Extended Planning Area. 4. If limitations are appropriate, decide whether the committee's Urban Limit Line approach is the proper method to handle growth limitations. 5. Review the committees' recommendations (present western City limits) as the boundary that should be used as <;m Urban Limit Line. Review other suggestions (ie: exclusion of the Nielsen property) 6. Decide where the line should be established. 7. Approve Alternative A or B, calling for a special or regular election to submit a measure (attachment 3) to the voters to adopt an Urban Limit Line in the Western Extended Planning Area with a specific date for an election. 8. Adopt resolution (Attachment 4) initiating a General Plan Amendment for the properties located with the City of Dublin's Sphere ofInfluence, west of the existing City limits. This will allow a moratorium to be established to prohibit the filing and approval of any General Plan Amendment for this area until the voters have decided on the proposed measure. 9. Adopt Urgency Ordinance (Attachment 5) (4/5 vote required) establishing a 45-day moratorium on future General Plan Amendments in the Western Extended Planning Area 10. Decide whether Councilmembers should write the argument in favor of the measure and whether others should be allowed to join in argument. 11. Instruct staffto return with a report within 45 days regarding whether the moratorium should be extended for 10 months and 14 days. 12. Instruct staff to refer a proposal to delete areas within the Western Extended Planning Area from the City's adopted Sphere ofInfluence to the Local Agency Formation Commission should the measure establishing an Urban Limit Line be approved by the voters ofthe City of' Dublin. The proponents and the property owners and other concerned citizens should be commended for their willingness to discuss and resolve a number of aspects of these recommendations. . . . . . . SPECIAL ELECTION ALTERNATIVE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING A SPECIAL MUNICIPAL ELECTION TO SUBMIT A MEASURE TO THE VOTERS TO ADOPT AN URBAN LIMIT LINE IN THE WESTERN EXTENDED PLANNING AREA, AUTHORIZING CERTAIN PROCEDURAL MATTERS, AND, IF POSSIBLE, REQUESTING BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL ELECTION WITH ANOTHER ELECTION HELD IN DUBLIN BE IT RESOLVED by the City Council of the City of Dublin as follows: 1. Tuesday, [June 8,1999, November 2,1999, March 7,2000, April 7,2000], is an established election day in and for the City of Dublin. 2. The City council is authorized to submit a measure to the voters for their consideration pursuant to Elections Code section 9222; 3. A special municipal election is hereby ordered and called to be held in the City of Dublin, County of Alameda, on Tuesday, , to determine the question set forth in Section 5 hereof. 4. The City Council desires to submit a measure to the voters to establish an Urban Limit Line for the Western Extended Planning Area, with such line located along the current city limit lines; and lands west of the Urban Limit Line would be designated as Rural Residential/Agriculture, and the location of the Urban Limit Line and the Rural Residential/Agriculture land use designation would be effective for a period of 30 years, unless changed by the voters of Dublin. 5. The ballot measure shall appear and be printed on the ballots to be used at the election as follows: Shall a Resolution be adopted to amend the City of Dublin General Plan to establish an YES Urban Limit Line in the Western Extended Planning Area for a period of 30 years? NO 6. The Resolution to be enacted by the voters pursuant to Paragraph 5 above shall be in the form set forth in Exhibit A, attached hereto. 7. The Alameda County Board of Supervisors is requested to conduct said election and, if possible, to consolidate said municipal election with any other election to be held in the City of Dublin on said date. 8. The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk. ATTACHMENT 1 Alternative A 9. The City of Dublin shall pay to the Board of Supervisors of Alameda County its pro-rata share of the expenses for s'aid election as jointly determined by the City of Dublin and the . Board of Supervisors of Alam'eda County in accordance with the provisions of the Elections Code of the State of California. 10. The City Clerk is hereby directed to cause the posting, publication and printing of all notices or other election materials pursuant to the requirements of the Government Code and Elections Code of the State of California. 11. The City Clerk is hereby directed to obtain printing, supplies and services as required. 12. The City Clerk is hereby authorized to provide such other services and supplies in connection with said election as may be required by the statutes of the State of California. 13. [OPTIONAL.] The City Council authorizes [INSERT NAME OF MAYOR OR ONE OR MORE COUNCILMEMBERS] to prepare a written argument in favor ofthe ballot proposition on behalf ofthe full City Council, not to exceed 300 words. At the discretion of the City Council, the argument may also be signed by bona fide associations or by individual voters who are eligible to vote. 14. Rebuttal arguments may be filed, not to exceed 250 words, no later than 71 days prior to the date of the election. 15. The City Attorney is directed to prepare an impartial analysis of the measure as provided in the Elections Code. . PASSED, APPROVED and ADOPTED this 16th day of February, 1999, by the following vote: A YES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:initiative\spec elec reso 2.16 . . . . REGULAR ELECTION ALTERNATIVE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SUBMITTING A MEASURE TO THE VOTERS TO ADOPT AN URBAN LIMIT LINE IN THE WESTERN EXTENDED PLANNING AREA AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 7, 2000, CALLING A GENERAL MUNICIPAL ELECTION, AUTHORIZING CERTAIN PROCEDURAL MATTERS, AND REQUESTING BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL ELECTION WITH THE STATEWIDE GENERAL ELECTION BE IT RESOLVED by the City Council of the City of Dublin as follows: 1. Tuesday, November 7, 2000, is an established election day in and for the City of Dublin. 2. The City Council is authorized to submit a measure to the voters for their consideration pursuant to Elections Code section 9222; 3. A regular municipal election is hereby ordered and called to be held in the City of Dublin, County of Alameda, on Tuesday, November 7, 2000, to determine the question set forth in Section 5 hereof. 4. The City Council desires to submit a measure to the voters to establish an Urban Limit Line for the Western Extended Planning Area, with such line located along the current city limit lines; and lands west of the Urban Limit Line would be designated as Rural Residential/Agriculture, and the location of the Urban Limit Line and the Rural Residential/Agriculture land use designation would be effective for a period of 30 years, unless changed by the voters of Dublin. 5. The ballot measure shall appear and be printed on the ballots to be used at the election as follows: Shall a Resolution be adopted to amend the City of Dublin General Plan to establish an YES Urban Limit Line in the Western Extended Planning Area for a period of 30 years? NO 6. The Resolution to be enacted by the voters pursuant to Paragraph 5 above shall be in the form set forth in Exhibit A, attached hereto. 7. The Alameda County Board of Supervisors is requested to conduct said election and to consolidate said municipal election with the statewide election to be held on November 7, 2000. ATTACHMENT 2 Alternative B 8. The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk. . 9. The City of Dublin shall pay to the Board of Supervisors of Alameda County its pro-rata share ofthe expenses for said election as jointly determined by the City of Dublin and the Board of Supervisors of Alameda County in accordance with the provisions of the Elections Code of the State of California. 10. The City Clerk is hereby directed to cause the pos~ing, publication and printing of all notices or other election materials pursuant to the requirements of the Government Code and Elections Code of the State of California. 11. The City Clerk is hereby directed to obtain printing, supplies and services as required. 12. The City Clerk is hereby authorized to provide such other services and supplies in connection with said election as may be required by the statutes of the State of California. 13. [OPTIONAL.] The City Council authorizes [INSERT NAME OF MAYOR OR ONE OR MORE COUNCILMEMBERS] to prepare a written argument in favor of the ballot proposition on behalf of the full City Council, not to exceed 300 words. At the discretion of the City Council, the argument may also be signed by bona fide associations or by individual voters who are eligible to vote. 14. Rebuttal arguments may be filed, not to exceed 250 words, no later than 71 days prior to the date of the election. . 15. The City Attorney is directed to prepare an impartial analysis of the measure as provided in the Elections Code. PASSED, APPROVED and ADOPTED this 16th day of February, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk . (To be attached to the resolution callingfor an election) . RESOLUTION NO. - 99 A RESOLUTION OF THE CITY OF DUBLIN APPROVING A GENERAL PLAN AMENDMENT TO ESTABLISH AN URBAN LIMIT LINE FOR WESTERN DUBLIN The People of the City of Dublin do hereby resolve as follows: SECTION 1. Purpose. Effect. Findinl!s. A. Purpose. The purpose of this General Plan Amendment is to encourage a cohesive pattern of urbanization in the City of Dublin by establishing an Urban Limit Line along the current westerly city limits. The Urban Limit Line is a boundary beyond which urban development shall not encroach into the western hills unless approved by the voters of Dublin. The areas beyond the Urban Limit Line are among the steepest and most heavily wooded in the City's western extended planning area. This General Plan Amendment supports existing General Plan policies calling for preservation of natural habitat, oak woodlands, natural creeks, ridgelines, scenic views, open space, agriculture and other similar resources which characterize the area beyond the Urban Limit Line. Through the voter approval provisions of this General Plan Amendment, Dublin residents will be able to more directly participate in important land use decisions which affect the unique constraints and resources in the western hills and, in turn, . affect the residents' quality of life. B. Effect. This General Plan Amendment will foster and protect the rural character of the western hills where steep slopes, prominent ridgelands and other constraints make urban development difficult. It will also promote uses that foster public health and safety and productive investment for grazing and other agricultural enterprise on lands outside the western City limits. This General Plan Amendment will add a definition of Urban Limit Line to the General Plan and will locate it along the current western City limits. This Amendment will add related policy text to the General Plan and will designate lands beyond the Urban Limit Line as Rural Residential/Agriculture as defined for the western extended planning area. C. Findings. The People of the City of Dublin hereby find as follows. 1. This General Plan Amendment serves the public interest in protecting Dublin's natural resources and limiting development to areas where it can reasonably be accommodated. . 2. The western hills contain numerous environmental constraints such as steep slopes, prominent ridgelands, riparian corridors, sensitive vegetation, landslide areas, and high visibility along Highway 580. Existing General Plan policies restricting development where such constraints are present greatly reduce the ability of the area to sustain urban level development. Furthermore, the General Plan acknowledges that the "present undisturbed natural ridgelines as seen from the primary planning area and key travel corridors are an essential component of Dublin's appearance as a freestanding city ringed by open hills." (Section 3.3, Policy D.) ATTACHMENT 3 3. The land's subject to this General Plan Amendment are outside the current City limits of Dublin and not subject to the City's land use jurisdiction, therefore this General Plan . Amendment does not constitute a taking of private lands in that development on such lands is currently governed by Alameda County land use plans, policies and regulations. There are no existing Dublin project approvals in the area beyond the current western City limits. 4. The City can continue to meet its Housing Element objectives of providing for the housing needs for all economic segments of the population, especially lower and moderate income households, by directing the development of housing into areas outside the western hills and currently designated for urban development where services and infrastructure can be provided more cost effectively. 5. Residents in the western hills have raised significant issues regarding current traffic on existing local roadways and the ability of such roadways to accommodate additional urban level use. SECTION 2. General Plan Amendment. A. Land Use Map Amendment. Amend the Extended Planning Area Land Use Map, Figure 1-2 of the City of Dublin General Plan, as follows: 1. Amend the legend of Figure 1-2 to add "Urban Limit Line", to add the land use designation of Rural Residential/Agriculture, and to delete "Residential/Open Space (see note)". . 2. Amend Figure 1-2 to locate the Urban Limit Line in the Western Extended Planning Area along the City limit boundary as of June 1, 1999. 3. Amend Figure 1-2 to show a land use designation of Rural Residential/Agriculture for all Western Extended Planning Area lands located west of the Urban Limit Line. 4. Amend Figure 1-2 to delete the Western Extended Planning Area Guiding and Implementing policies shown thereon. B. Text Amendment. 1. Amend Section 1.8.1 , Western Extended Planning Area, to state rather than cross-reference the actual text of the "Residential: Rural Residential/Agriculture" land use designation and to readopt the designation as follows: "Residential: Rural Residential/Agriculture (1 unit per 100 gross residential acres). Accommodates agricultural activities and other open space uses, such as range and watershed management, consistent with the site conditions and plan policies. This classification includes privately held lands, as well as public ownerships not otherwise designated in the plan for Parks, . Open Space, or Public/Semi-public uses. Assumed household size is 3.2 persons per unit." 2. Amend Section 1.8.1, Western Extended Planning Area, to add the following after "Other land use categories" and before Table 1.1: . "Urban Limit Line. An Urban Limit Line was adopted by initiative in _ for the Western Extended Planning Area. The Urban Limit Line is located along the city limits line as ofthe effective date of the initiative. Pursuant to the initiative, lands west of the Urban Limit Line are designated as Rural Residential/Agriculture on the Land Use Map. The initiative is effective for 30 years from its effective date; the location of the Urban Limit Line may be changed only by a vote of the people of Dublin during the effective period, and only following review and approval of a General Plan Amendment by the City Council." 3. Amend Section 2, Western Extended Planning Area, to add the following at the end of the section, after Table 2.2: "All lands in the Western Extended Planning Area located west of the Urban Limit Line as defined in Section 2.B.2 above, shall be designated Rural Residential/Agriculture for a period of 30 years from the effective date of Resolution , adopted by initiative in _' The intent of the Urban Limit Line is to protect the natural resources of the western hills and to restrict further urban development in the western hills, instead guiding it to areas of Dublin that are less constrained and where urban services can be provided in a more efficient and cost- effective manner. . In addition to restricting urban development, the City will not approve or recommend approval of the permanent use or extension of city services or facilities, including but not limited to utilities or roads, to support or facilitate urban development beyond the Urban Limit Line." SECTION 3. Implementation. A. Effective Date. Upon the effective date of this resolution, the provisions of Section 2 of this resolution are hereby inserted into the City of Dublin General Plan as an amendment thereof. B. City Ordinances and Policies. All City plans, policies, ordinances, rules and regulations constituting legislative acts shall be amended as necessary as soon as possible and in the time and manner required by State law to ensure consistency between those policies and the provisions adopted by Section 2 of this resolution. C. Project Approvals. Upon the effective date of this resolution, the City, and its departments, boards, commissions, officers and employees, shall not grant or by inaction allow to be approved by operation of law, any General Plan Amendment, rezoning, specific plan, tentative or final subdivision map, conditional use permit, building permit or any other ministerial or discretionary ent!tlement, which is inconsistent with this resolution. SECTION 4. Exemptions for Certain Projects. This resolution shall not apply to any development project that, as of the effective date of this resolution, has obtained a vested right pursuant to State law. . SECTION 5. Severability. If any portion of this resolution is declared invalid by a court, the remaining portions are to be considered valid. SECTION 6. Amendment or Repeal. Except as specifically provided herein, this resolution may be amended or repealed only by the voters of the City of Dublin at a City election. . Exhibit List: A - General Plan Figure 1-2 reflecting changes proposed herein. APPROVED BY THE ~OLLOWING VOTE OF THE PEOPLE ON , 1999. YES NO Adopted by declaration of the vote of the City Council of the City of Dublin on Effective Mayor Attest: City Clerk g:initiative reso gpa 2-16 . . . r " ... - < .= ~~ .:;5 ':: == = r;i ('C I. ::: - " - .:...-""=' ., - ~ = ~ ~ ~ :: =:::l < ~ M = ~ ~ :: t;~ ] -... 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Q) tn '-" iii " .::: ,.. <> oJ) >< 'E 5: " l[j~ 0 .a ;.. ~ " u LI.I ~:~:~:~ III .. .: < / ~ i;", *' ::::::. in < i ~o .~ -;; ,. " &'l ~ ::. ..=: " ,. " ::: .( RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******* . INITIATING A GENERAL PLAN AMENDMENT STUDY FOR THOSE PROPERTIES LOCATED WITHIN THE CITY OF DUBLIN SPHERE OF INFLUENCE WEST OF THE EXISTING CITY LIMITS WHEREAS, a General Plan Amendment request has been made by the City Council of the City of Dublin to study the General Plan designation for all unincorporated areas within the Sphere of Influence west of the existing City limits. The predominant land use designation proposed for the site is Agriculture/Rural Residential; and WHEREAS, this study must be conducted inconjunction with a proposed Initiative to create an Urban Limit Line at the existing Western City limits placed on the ballot by the City Council on f ebruary 16, 1999; and WHEREAS, Section 65358(a) of the State of California Government code states that an amendment to a general plan shall be in a manner specified by the legislative body; and WHEREAS, the initiation request has been reviewed in accordance with the provisions of the California Environmental quality Act (CEQA) and was found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines; and WHEREAS, the Dublin Ridgeland Voters' Voice Initiative Committee has submitted a recommendation that the City Council initiate a General Plan Amendment Study for this area and that the study .e completed only after the resolution of the proposed Urban Limit Initiative by the voters of the City of Dublin at the election of _ date; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth and is in support of a General Plan Amendment study to determine the appropriate land use and General Plan designation for the property. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby initiate a General Plan Amendment Study for this area as described above. BE IT FURTHER RESOLVED this study shall be completed only after resolution of the Urban Limit Line Initiative regarding this area by the voters of the City of Dublin. PASSED, APPROVED, AND ADOPTED this 16 day of February 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor "TTEST: City Clerk ATTACHMENT 4 . . . . . . . ORDINANCE NO. - 99 AN URGENCY ORDINANCE ESTABLISHING A MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF GENERAL PLAN AMENDMENTS FOR THE WESTERN EXTENDED PLANNING AREA PENDING THE COMPLETION OF A GENERAL PLAN AMENDMENT STUDY ON ESTABLISHING AN URBAN LIMIT LINE WHEREAS, residents in the Western Extended Planning Area proposed the Voters' Voice Initiative to limit development in Western Dublin; and WHEREAS, the City Council appointed a committee of Councilmembers, City staff, and initiative proponents to further discuss the proposed initiative and on February 16, 1999, determined to put an Urban Limit Line measure before the voters based on the committee review and recommendations; and WHEREAS, at the February 16, 1999 City Council Meeting, the Council further instructed staff to initiate a General Plan Amendment Study to consider establishing an Urban Limit Line along the current City limits in the Western Extended Planning Area pending the vote on the Urban Limit Line measure, and to consider an appropriate land use designation and policies related to development in the study area; and WHEREAS, the Council will consider a General Plan Amendment and/or a zone change to establish an Urban Limit Line and an appropriate land use designation; and WHEREAS, under the current General Plan, any proposed development requires a General Plan Amendment; therefore, the City Council finds that considering General Plan Amendments while the Urban Limit Line study is in process poses a current and immediate threat to the public health, safety and welfare because such Amendments for development would conflict with the policies .and uses to limit development that are being considered through the Urban Limit Line study. NOW THEREFORE, the City Council of the City of Dublin ordains as follows: 1) The City shall not accept, process or approve any applications for General Plan Amendments in the area which is the subject of the Urban Limit Line General Plan Study, located in the Western Extended Planning Area west of the current City limits. 2) This ordinance is categorically exempt from CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending completion of the contemplated Urban Limit Line General Plan study. ATTACHMENT 5 . '. 3) This ordinance shall become effective immediately upon adoption if adopted by at least . four-fifths vote of the City Council and shall be in effect for forty five days from the date of adoption unless extended by the City Council as provided for in Government Code section 65858. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 16th day of February, 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: . City Clerk g:initiative\Urg ord 2-16 . . . . . . . Attachment 6 Binder is available for review In the City of Dublin Planning Department . . . ! ..:: .: :0:; .:.:5 ~ .s ~ ~ --::;== ""'=' e: ~ ~ t.J :: ,,- <: ~ M = ~ ~ ~ - ... = CiI- ...- =: ~ ~ b .. .. - t4~8 . c: .m Q. - ca ... Q) C ~ C -- i Q r--- I ---, .........---- ~ "".... ' .~ I I "1,- L_ .. 'a~ vl:Ivrl'SSl'l ~:::-~:;::~;- . t=~:t:.:' ~ l :.:.:.:t:;:-:'-;.;- t- ..~~::::::::: ~ .. ::::::::~:::::::: i :::: .........1II c........... ~o'.. t~~r; I iff:~~~; "g ~:~~ ..:.:.::;::F ....:.:.:..::h: S 11':': ......... ..;-..........,..'.... cil:;;; .... .:.:.:.::::::.==:.:.:.:.~.:::.:.; 1 ;::: .~. " . 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