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HomeMy WebLinkAbout8.3 Let Dublin Decide Initiativeor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL June 3, 2014 Honorable Mayor and City Councilmembers CITY CLERK File #630 -30 Christopher L. Foss, City Manager " Presentation of Certificate of Sufficiency of Petition for the 'Let Dublin Decide Initiative of 2014" and Consideration of Potential Actions on Initiative Prepared by Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Clerk will present the City Council with Certificate of Sufficiency of Petition for the "Let Dublin Decide Initiative of 2014." The City Council will then be asked to exercise its ministerial duty relating to the initiative and to take one of three actions: 1) Adopt the proposed initiative ordinance without alteration, or 2) Place the proposed initiative ordinance on the November 4, 2014 ballot, or 3) Order a staff report before making a decision as to whether to place the initiative on the ballot or adopt the ordinance. FINANCIAL IMPACT: Potential impacts on the City due to this initiative include the costs associated with the election. The potential future impacts of the actual initiative are unknown. RECOMMENDATION: Consistent with its ministerial duty under the Elections Code, Staff recommends that the City Council take one of three actions: 1) Adopt the proposed initiative ordinance without alteration; OR, 2) Adopt a Resolution Ordering the Submission to the Qualified Electors of the City of Dublin an Ordinance titled the, "Let Dublin Decide Initiative," at the General Municipal Election to be Held on Tuesday November 4, 2014 and Providing for Submission of Ballot Arguments and Rebuttals; OR, 3) Order a report concerning potential fiscal, general plan and zoning, land use, infrastructure, and other impacts of the initiative before taking any other action. F 7 Submitted By City Clerk /Records Manager e'' Reviewed By Assistant City Manager Page 1 of 4 ITEM NO. 8.3 DESCRIPTION: On March 14, 2014, a proposed ballot initiative was submitted to the City which its proponents titled the Let Dublin Decide Initiative 2014. In accordance with applicable law, the City Attorney provided a ballot title and summary on March 28, 2014, and a notice of intent to circulate voter petitions on the measure for signature was published in the Tri- Valley Herald on April 4, 2014. A copy of the notice of intent is attached hereto as Attachment 1, the text of the initiative is attached hereto as Attachment 2, and the ballot title and summary is attached hereto as Attachment 3. The proponents gathered signatures intending to submit sufficient signatures in time to qualify the measure for the November 4, 2014 general election. Signed petitions supporting the measure were submitted to the City Clerk on May 16, 2014 and forwarded to the County Registrar for inspection and verification. On May 29, 2014, the County Registrar provided a certificate (dated May 28, 2014), stating that based on the number of registered voters in the City, the petition qualified for the ballot. A copy of the Registrar's Certificate to Initiative Petition is attached hereto as Attachment 4. Elections Code section 9114 provides that if it is determined that a petition is sufficient; the Clerk shall certify the results of his examination to the City Council at its next regular meeting. Let Dublin Decide Initiative If approved, the initiative would amend the City of Dublin General Plan as follows: • Create a new Eastern Study Area (as depicted in the initiative), consisting of approximately 1,650 acres located immediately east of the City's current boundaries. • Establish a guiding policy that Dublin decide what, if anything, should happen in the Eastern Study Area. In furtherance, City policy would be that the City Council, as soon as practicable, should apply to the Local Agency Formation Commission to obtain an amendment to the City's Sphere of Influence in order to bring the Eastern Study Area within the City boundaries and pursue annexation. Establish an "Eastern Urban Limit Line" along the northern, eastern, and southern boundaries of the Eastern Study Area. The City would be prohibited from approving the permanent use or extension of City services, such as roads and utilities, beyond the line. Its location could only be changed by the voters. Create and apply Resource Management and Large Parcel Agriculture land use designations within the Eastern Study Area. The initiative indicates that these designations mimic the current designations under the Alameda County General Plan and are intended to maintain existing land use restrictions. The designations would remain in place unless and until the City Council adopts an Eastern Study Area Comprehensive Plan consistent with the requirements of the initiative. • Following receipt of any application to change a land use designation within the Eastern Study Area, the City Council would be required to appoint a 15- member Citizen Oversight Committee to participate in the creation of the Eastern Study Area Comprehensive Plan, which would serve, if adopted by the City Council, as the framework for future development in the Eastern Study Area. Page 2 of 4 The Eastern Study Area Comprehensive Plan would be subject to the following restrictions: 1. Sixty percent (60 %) of the Eastern Study Area must remain permanently protected, such that it remains in open space or agricultural use. 2. Development is precluded in areas at or above 770 -feet above sea level in order to protect ridgelines within the Eastern Study Area. 3. No future residential structures within the Eastern Study Area may be visible from a residence in the City of Dublin that existed on the date that the initiative takes effect. 4. Local wetlands, streams and wildlife habitats, including Cottonwood Creek and other seasonal wetlands, would be protected within the Eastern Study Area, in conformance with local, state and federal laws. 5. Future development within the Eastern Study Area must pay for its own infrastructure and public services, so that the burdens of development are not borne by the rest of the City. 6. Multi -use trails must be included in the Eastern Study Area providing connection points to nearby regional parks. The land and improvements for such trails must be provided by the future development. In addition, the initiative would make permanent the City's Western Urban Limit Line adopted by the voters as Measure "M" in 2000, which would otherwise expire in 2030. City Council Actions Upon Certification Upon certification of the petition, the City Council must take one of following three actions: 1. Adopt the ordinance (the text of the initiative, Attachment 2) without alteration, at the meeting where certification of the petition is presented, or within 10 days after it is presented. 2. Submit the initiative to the voters at the next general election. 3. Refer the initiative measure to any City agency for a report on fiscal matters; general and specific plan consistency; land use issues, including impact on availability and location of housing and the City's ability to meet regional housing needs; the initiative's impact on funding for infrastructure funding and maintenance; its impact on the City's ability to attract and retain businesses; its impact on agricultural lands, open space, traffic and business districts; and "any other matters the council requests to be in the report." If a report is ordered, it must be presented to the City Council no later than 30 days after the county elections official certifies the petition's sufficiency to the City Council. After receiving the report, the City Council's choices are again to adopt the ordinance within 10 days or submit the initiative to the voters. Page 3 of 4 Within the 30 -day time frame allotted, Staff will be unable to produce a comprehensive report on the topics outlined in the Elections Code, but Staff could produce a less- than - comprehensive report on any of the topics listed, including additional topics requested by the City Council. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None. ATTACHMENTS: 1. Notice of Intent to Circulate 2. Text of Initiative a. Attachments -Text of Initiative 3. Ballot Title and Summary 4. Registrar's Certificate to Initiative Petition 5. Proposed Resolution Ordering the Submission to the Qualified Electors of the City of Dublin an Ordinance titled the, "Let Dublin Decide Initiative," at the General Municipal Election to be Held on Tuesday November 4, 2014 and Providing for Submission of Ballot Arguments and Rebuttals 6. Exhibit A to Resolution, Measure to be Considered by Voters a. Attachment to Measure to be Considered by Voters Page 4 of 4 Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Dublin for the purpose of laying out a clear path for Dublin to establish control over the area immediately adjacent to Dublin's current eastern city boundary, through a combination of an urban limit line and specific planning regulations. A statement of the reasons of the proposed action as contemplated in the petition is as follows: Dublin's citizens and its Council need to have a say in what happens in the 1650 -acre area immediately east of Dublin's current boundaries. This area was included in Dublin's General Plan until 2002, when it was removed as a neighborly gesture to the City of Livermore, which claimed to support an open space buffer between Dublin and Livermore. However, Livermore has since approved large projects, including a gambling casino and outlet mall, right near Dublin's borders. While these projects may bring financial benefits to Livermore, they cause adverse impacts on Dublin's citizens. In 2011, Livermore submitted an application to bring this land (and additional acreage) into Livermore's Sphere of Influence. Bringing property within a city's Sphere of Influence is a first step toward annexation into that city. Annexation into Livermore would leave Dublin and its citizens with no control over what additional development Livermore could approve on Dublin's borders. We need to dictate the protections that will apply in this area, while also assuring that we have control over any proposed change in land uses. This initiative is proposed for the following purposes. • To mandate that 60% of this area remain in permanent open space or agricultural uses. • To ensure that ridgelines in this area are protected. • To protect views of this area from existing homes in Dublin. • To ensure that environmentally sensitive areas such as Cottonwood Creek and other seasonal wetlands in this area are protected. • To lay out a clear path leading to Dublin, and not Livermore, having control over this area. • To establish a permanent Eastern Urban Limit Line, which defines the outer limits of any potential future growth in Dublin and which can be changed only by a vote of the people of Dublin, along the eastern edge of this area. • To require that any future development pays for its own infrastructure and public services so that these costs are borne only by property owners within this area. • To ensure that a citizen's oversight committee will participate in the City's review of any land use changes. o To require that proposals to change land uses be denied, unless and until a plan is adopted for the entire area that ensures all of these goals can and will be realized. To make permanent the Western Urban Limit Line, which is currently set to expire in 2030 -2- LET DUBLIN DECIDE INITIATIVE PETITION CITY OF DUBLIN REQUEST THAT MEASURE BE PLACED ON BALLOT We, the undersigned, registered qualified voters of the City of Dublin, County of Alameda, propose an initiative measure that addresses land use in Dublin. This initiative lays out a clear path for Dublin to establish control over the area immediately adjacent to Dublin's current city boundaries through a combination of urban limit lines and specific planning regulations. We intend that the severance clause set forth in the initiative measure be applied to this entire petition. We petition that this initiative measure be submitted to the voters of Dublin. If this petition contains sufficient signatures to qualify for a special election, we petition that this measure be submitted to the voters at a special election, and we request that the special election be scheduled so that it occurs as soon as possible. FULL TEXT OF THE INITIATIVE MEASURE The people of the City of Dublin do ordain as follows: I. TITLE This Initiative measure shall be known as the "Let Dublin Decide Initiative." 11. THE EASTERN STUDY AREA This Initiative addresses the Eastern Study Area, an area that lies immediately adjacent to the eastern City limits. The Eastern Study Area is approximately 1,650 acres and does not include any prime agricultural land. It is depicted in Exhibits A -1 and A -2 to this Initiative. The Eastern Study Area has been included in City planning efforts dating back to the early 1990s, when the City of Dublin and the Alameda County LAFCO first considered bringing the area east of Dublin's original boundaries within Dublin's control. The area was included in Dublin's General Plan until 2002, when it was removed as a neighborly gesture to the City of Livermore, which claimed to support an open space buffer between Dublin and Livermore. However, Livermore subsequently has approved large projects, including a gambling casino (Casino 580) and the Livermore Outlet Mall, right near Dublin's borders. While these projects may bring financial benefits to Livermore, they have caused and will continue to cause traffic congestion and other adverse impacts on Dublin's citizens. In 2011, the City of Livermore submitted an application to LAFCO to bring 2,278 acres of land adjacent to Dublin city limits, including the Eastern Study Area, into Livermore's Sphere of Influence. Bringing property within a city's Sphere of Influence is a first step toward annexation into that city. If the Eastern Study Area is annexed into Livermore, Dublin and its citizens would have no control over what additional development Livermore could approve in the future on Dublin's borders. - Let Dublin Decide Initiative Page I - III. PURPOSES Dublin's citizens and its Council need to have a say in what happens in the Eastern Study Area immediately adjacent to Dublin. We need to dictate the open space protections that will apply in this area, while also assuring that we have control over any proposed change in land uses. Action is urgently needed to address these concerns and begin the process of bringing the Eastern Study Area within Dublin's control before Livermore can seize control for itself. This Initiative is enacted for these purposes. This Initiative is adopted to address the subject of land use and to achieve the following goals and purposes: • To mandate that 60% of the Eastern Study Area remain in permanent open space or agricultural uses. • To ensure that ridgelines in the Eastern Study Area are protected • To protect views from existing homes in Dublin of the Eastern Study Area • To ensure that environmentally sensitive areas such as Cottonwood Creek and other seasonal wetlands in the Eastern Study Area are protected, and that all impacts are properly mitigated in conformance with local, state and federal laws. • To lay out a clear path leading to Dublin, and not Livermore, having control over the Eastern Study Area. • To establish a permanent Urban Limit Line, which defines the outer limits of any potential future growth in Dublin and which can be changed only by a vote of the people of Dublin, along the eastern edge of the Eastern Study Area. • To require that any future development in the Eastern Study Area pays for its own infrastructure and public services so that any costs of providing those services are borne only by property owners within the Eastern Study Area. • To ensure that a citizen's oversight committee will participate in the City's review of any land use changes proposed in the Eastern Study Area. • To require that any proposals to change land uses to allow more intense uses be denied, unless and until a plan is adopted for the entire Eastern Study Area that ensures all of these goals can and will be realized. • To make permanent the Western Urban Limit Line, which is currently set to expire in 2030. IV. DEFINITIONS As used in this Initiative: - Let Dublin Decide Initiative Page 2 - "City" and "Dublin" mean the City of Dublin located in Alameda County, California. "Council" and "City Council" mean the City Council of the City of Dublin. "Eastern Study Area" means the area addressed by this Initiative, immediately east of Dublin's existing eastern border. The Eastern Study Area is depicted in Exhibits A -1 and A -2. "Effective Date" means the date this Initiative takes effect, which shall be on the earliest date legally possible. If the four amendments of the mandatory elements of the General Plan permitted by state law for any calendar year have already been enacted in the year in which this Initiative would otherwise take effect, the General Plan amendments set forth in this Initiative shall take effect on January 1 of the next year. "Filing Date" means the date the Notice of Intent To Circulate Petition for this Initiative was presented to Dublin, "General Plan" means the General Plan of the City of Dublin, as it exists on the date this Initiative takes effect (unless this Initiative makes specific reference to the General Plan in effect on a different date). "Initiative" means this Let Dublin Decide Initiative. "Local Agency Formation Commission" or "LAFCO" means an agency as described in the Cortese -Knox- Hertzberg Act, Government Code sections 56000 and following, that is responsible for deciding issues related to spheres of influence and annexations. "Measure M" is the initiative that created a Western Urban Limit Line, and is referenced in the General Plan as City Council Resolution 209 -00, adopted by initiative on November 7, 2000. "Sphere of Influence" or "SOI" has the meaning ascribed in Government Code section 56076, i,e. "a Ulan for the mobable uhvsical boundaries and service area of a local auencv." V. GENERAL PLAN AMENDMENTS The Eastern Study Area is added to the General Plan, as follows. The text and diagrams of General Plan are amended as follows. A. Diagram Amendments. The Dublin General Plan Land Use Map, and all figures in the General Plan that depict the planning area of the City, are amended to encompass the diagrams in Exhibits A -I and A -2 attached to this Initiative, which is incorporated by reference. Exhibit B attached to this Initiative is the Dublin General Plan Land Use Map on the Filing Date, Exhibit C is from the County's General Plan Land Use Map, and shows the County land use designations for the Eastern Study Area as of the Filing Date. Exhibits B and C are included for comparison purposes and are not enacted by this Initiative. - Let Dublin Decide Initiative Page 3 - B. Eastern Study Area in Chapter 2. The following text is added to Chapter 2 (Land Use and Circulation: Land Use Element) of the General Plan, at the end of the chapter: 2.7. Eastern Study Area. This section 2.7 was enacted by the 2014 Let Dublin Decide Initiative. The Eastern Study Area is an area comprised of approximately 1,650 acres located immediately east of the Eastern Extended Planning Area. It is generally depicted in the land use map (Figure 1 -1, which conforms to Exhibit A -1 of the 2014 Let Dublin Decide Initiative). The Eastern Study Area lies inside the Eastern Urban Limit Line established by the 2014 initiative. The Eastern Study Area comprises a "Planning Area" in the General Plan, separate from the Primary, Western Extended and Eastern Extended Planning Areas. A. Guiding Policy for the Eastern Study Area. Take all steps necessary to ensure that the Eastern Study Area is brought under the control of the City of Dublin, so that Dublin will decide what, if anything, should happen in this area. It is the policy of Dublin that the Council should apply to LAFCO and obtain an amendment of Dublin's Sphere of Influence to include the Eastern Study Area, and pursue annexation of that area, as soon as practicable in compliance with the 2014 Let Dublin Decide Initiative. B. Eastern Urban Limit Line. To facilitate Dublin's plan to obtain control over the Eastern Study Area, to encourage LAFCO to approve an application to amend Dublin's Sphere of Influence to include the Eastern Study Area, and to ensure that urban services cannot be provided by Dublin outside the Eastern Study Area without a vote of the people of Dublin, an Eastern Urban Limit Line is established around the Easter Study Area, The Eastern Urban Limit Line is shown on the General Plan Land Use Map (Figure 1 -1). The City shall 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 Eastern Urban Limit Line. The location of the Eastern Urban Limit Line may be changed only by a vote of the people of Dublin. - Let Dublin Decide Initiative Page 4 - C. Land Use Designations for the Eastern Study Area. Land within the Eastern Study Area is designated Resource Management and Large Parcel Agriculture, as shown on the Land Use Map (Figure 1 -1). These land use designations mimic the land use designations adopted by the voters of the County for this area, and are intended to maintain the land uses that were permitted in the Eastern Study Area when the 2014 Let Dublin Decide Initiative became effective, Accordingly, they apply to legal parcels, meaning any parcels created after annexation that meet the minimum parcel size requirements as well as all parcels recognized as legal parcels by the County prior to annexation. These land use designations shall remain in place unless and until such time as the City Council adopts an Eastern Study Area Comprehensive Plan consistent with the 2014 Let Dublin Decide Initiative. Resource Management, This designation requires a minimum parcel size of 100 acres and a maximum building intensity for non- residential uses of .01 FAR (Floor Area Ratio) but not less than 20,000 square feet per legal parcel. One single family home per legal parcel is allowed provided that adequate road access, sewer and water facilities, and public services are provided. Residential and residential accessory buildings shall have a maximum floor space of 12,000 square feet. The population density for Resource Management is 2.7 persons per residential unit. Apart from Infrastructure Expressly Allowed In Resource Management and Large Parcel Agriculture (see below), all buildings shall be located on a contiguous development envelope not to exceed 2 acres, except they may be located outside the envelope if necessary for security reasons or, if structures for agricultural use, necessary for agricultural use. All development must comply with the Goals, Guiding Policies, Policies, Implementing Policies and Implementation Measures that apply throughout all three other Planning Areas (the Primary and Extended Planning Areas), as those policies exist at the time such development is approved. Subject to the provisions of the 2014 Let Dublin Decide Initiative, this designation permits agricultural uses, recreational uses, habitat protection, watershed management, public and quasi - public uses, areas typically unsuitable for human occupation due to public health and safety hazards such as earthquake faults, floodways, unstable soils, or areas containing wildlife habitat and other environmentally sensitive features, secondary residential units, active sand and gravel and other quarries, reclaimed quarry lakes, and similar and compatible uses. Sand and gravel quarries allow a range of uses including sand and gravel processing, associated manufacturing and recycling uses requiring proximity to quarries, reclamation pits, and public use areas. This designation is intended - Let Dublin Decide Initiative Page 5 - mainly for land designated for long -term preservation as open space but may include low intensity agriculture, grazing, and very low density residential use. Development that would interfere with the ability to adopt an effective Eastern Study Area Comprehensive Plan that complies with the 2014 Let Dublin Decide Initiative is not allowed. Large Parcel Agriculture. This designation requires a minimum parcel size of 100 acres. The maximum building intensity for non- residential buildings shall be .01 FAR but not less than 20,000 square feet per legal parcel. Where permitted, greenhouses shall have a maximum intensity of .025 FAR. One single family home per parcel is allowed provided that adequate road access, sewer and water facilities, and public services are provided. Residential and residential accessory buildings shall have a maximum floor space of 12,000 square feet. Additional residential units may be allowed if they are occupied by faun employees required to reside on -site. All development must comply with the Goals, Guiding Policies, Policies, Implementing Policies and Implementation Measures that apply throughout all three other Planning Areas (the Primary and Extended Planning Areas), as those policies exist at the time such development is approved. The population density for Large Parcel Agriculture is 2.7 persons per residential unit. Apart from Infrastructure Expressly Allowed In Resource Management and Large Parcel Agriculture (see below), all buildings shall be located on a contiguous development envelope not to exceed 2 acres except they may be located outside the envelope if necessary for security reasons or, if structures for agricultural use, necessary for agricultural use. Subject to the provisions of the 2014 Let Dublin Decide Initiative, this designation permits agricultural uses, agricultural processing facilities (for example wineries, olive presses), limited agricultural support service uses (for example animal feed facilities, silos, stables, and feed stores), secondary residential units, visitor - serving commercial facilities ( by way of illustration, tasting rooms, fruit stands, bed and breakfast inns), recreational uses, public and quasi - public uses, solid waste landfills and related waste management facilities, quarries, windfarms and related facilities, utility corridors, and similar uses compatible with agriculture. Development that would interfere with the ability to adopt an effective Eastern Study Area Comprehensive Plan that complies with the 2014 Let Dublin Decide Initiative is not allowed. Infrastructure Expressly Allowed In Resource Management and Large Parcel Agriculture. On lands designated either Resource Management or Large Parcel Agriculture, the City shall - Let Dublin Decide Initiative Page 6 - neither provide nor authorize public facilities or other infiastructure in excess of that needed for permissible development consistent with the 2014 Let Dublin Decide Initiative. This policy shall not bar 1) new, expanded or replacement infrastructure necessary to create adequate service for areas other than the Eastern Study Area, 2) maintenance, repair or improvements of public facilities which do not increase capacity, and 3) infrastructure such as pipelines, canals, and power transmission lines which have no excessive growth- inducing effect on the Eastern Study Area and have permit conditions to ensure that no service can be provided beyond that consistent with development allowed by the 2014 Let Dublin Decide Initiative. "Infrastructure" for purposes of this paragraph shall include public facilities, community facilities, and all structures and development necessary to the provision of public services and utilities. D. Land Use Designations May Be Changed Only If An Eastern Study Area Comprehensive Plan Is Adopted. The Council shall not amend any land use designation for any property in the Eastern Study Area to a designation that would allow a greater intensity of development unless an Eastern Study Area Comprehensive Plan has been adopted for land uses for the entire Eastern Study Area, and the proposed amendment is consistent with that Eastern Study Area Comprehensive Plan. The Eastern Study Area Comprehensive Plan must comply with and include the following policies, which can be amended only by a vote of the people of Dublin: 1. Sixty percent (60 %) of the land in the Eastern Study Area shall be permanently protected such that it will remain in open space or agricultural uses. Acceptable open space may include but is not necessarily limited to parks or trails, either public or private, or private property that is subject to a recorded conservation easement limiting use of the property to open space, agriculture, grazing, wetland or habitat preservation or enhancement, or other similar uses. 2. Protect ridgelines in the Eastern Study Area by precluding development on lands over 770 feet in elevation above the mean sea level. As is the case with the Development Elevation Cap for the Eastern Extended Planning Area, this Eastern Study Area Development Elevation Cap requires that on lands above 770 feet, residential, commercial and industrial uses are not allowed; and only public, semi- public, or open space uses; reservoirs, water lines, grading, and infrastructure and construction activities necessary for - Let Dublin Decide Initiative Page 7 - development on lands located at or below 770 feet in elevation are allowed. Protect views of existing Dublin residents by requiring that no future residential structures, if any, in the Eastern Study Area shall be visible from a residence in the City of Dublin that existed on the date the 2014 Let Dublin Decide Initiative took effect. 4. Protect local wetlands, streams and wildlife habitats in the Easter Study Area, including Cottonwood Creek and other seasonal wetlands, in conformance with local, state and federal laws. 5. Any future development within the Eastern Study Area shall pay for its own infrastructure and public services (including police, fire, schools and roads), so that the burdens imposed by development in the Eastern Study Area are not borne by residents in other areas of the City. 6. Multi -use trails shall be included in the Eastern Study Area. These trails shall be provided by dedication of land and construction of improvements, or by the funding of acquisition and construction costs. The trails shall provide for connection points to the East Bay Regional Park District lands located north of the Eastern Study Area. E. Citizen Oversight Committee. Following receipt of any application to change a land use designation on any property within the Eastem Study Area to a designation that would allow more development than is allowed under the existing designation, the City Council shall appoint a fifteen (15)- member Citizen Oversight Committee, as follows: 1. Each member of the Council shall appoint one resident of Dublin, for a total of five (5) members. In addition, the City Council shall appoint three (3) representatives of landowners in the Eastern Study Area, two (2) representatives of local environmental groups, two (2) representatives of the Dublin Unified School District, two (2) representatives of business interests and one (1) "at large" representative. 2. Concurrent with the appointment of the Citizen Oversight Committee, the City Council shall adopt guidelines and polices that shall establish how the committee will participate in the processing of any proposal to adopt an - Let Dublin Decide Initiative Page 8 - Easter Study Area Comprehensive Plan or change any land use designation in the Eastern Study Area to a designation that would allow more development. The guidelines and policies shall address all of the following: a. The addition or substitution of members. b. Term of membership. c. Methods of communication. d. Access to and distribution of application materials presented to the City. e. Meetings among committee members, with City staff, and with members or subcommittee of the Council. f. Presentation of committee discussions, conclusions or consensus items to City decision makers. g. The mechanism by which the City Council must respond to committee conclusions, comments and concerns prior to making any decision on an Eastern Study Area Comprehensive Plan or land use designation amendment, C. Western Urban Limit Line. City Council Resolution 209 -00, adopted by initiative on November 7, 2000 as "Measure M ", created the Western Urban Limit Line. That initiative and the Western Urban Limit Line are amended to make the Urban Limit Line permanent so that it can be changed only by a vote of the people of Dublin. 1. Amendments To Measure M Measure M is amended. The following underlined text is added by this Initiative. The stricken text is deleted. The plain text is included for comparison and context, and is not adopted by this Initiative. Section 2.B.2 of Measure M is amended as follows.: 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 - Let Dublin Decide Initiative Page 9 - Limit Line is located along the city limits line as of the 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 until changed by the voters, ; the location of the Urban Limit Line may be changed only by a vote of the people of Dublin during the °rte etiye peri ^', and only following review and approval of a General Plan Amendment by the City Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land use designation to an urban designation. " - Section 2.B.3 of Measure M is amended as follows: 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 r r a period of 30 yea r the fro t d t F u t auz?rirF�cricccivv�acc °�rzcc��vi'u'rivi� , adopted ' initiative and may be changed only a vote of the people of Dublin. 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." Measure M as amended by this Initiative may be further amended only by a vote of the people. 2. Amendments to the General Plan To Reflect A Permanent Western Urban Limit Line. The following text amendments are made to the following Sections of the General Plan. The following underlined text is added by this Initiative. The stricken text is deleted. The plain text is included for comparison and context, and is not adopted by this Initiative. The last paragraph of Section 1.4.2 is amended as follows: An Urban Limit Line was adopted by initiative on November 7, 2000 for a portion of the Western Extended Planning Area, and that Urban Limit Line was made permanent by the 2014 Let - Let Dublin Decide Initiative Page 10 - Dublin Decide Initiative. The Urban Limit Line is coterminous with the City limit line as of the effective date of the 2000 Initiative. Pursuant to the 2000 Initiative, lands west of the Urban Limit Line are required to be designated as Rural Residential /Agriculture on the General Plan Land Use Map (Figure 1 -1) for n period of 30 years s fi-em the off etiye date of initiative Resolution ''Inn nn The intent of the Urban Limit Line is to protect the natural resources of the western hills by guiding development to areas of Dublin that are less constrained and where urban services can be provided in a more efficient and cost effective manner. 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. The location of the Urban Limit Line may only be changed by a vote of the people of Dublin during the a ffeetive pe , and only following review and approval of a General Plan Amendment by the City Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land use designation to an urban designation The last paragraph of Section 1.8.1.73 is amended as follows: Urban Limit Line. An Urban Limit Line was adopted by initiative on November 7, 2000 for the Western Extended Planning Area. The Urban Limit Line is located along the City limit line as of the effective date of this initiative. Pursuant to the initiative, lands west of the Urban Limit Line are designated as Rural Residential /Agriculture on the General Plan Land Use Map (Figure 1 -1). The Initiative, as on ig nally enacted, was 4s effective for thirty (30) years from its effective date. The 2014 Let Dublin Decide Initiative deleted the provisions that made the 2000 Initiative effective for only 30 years and made the Western Urban Limit Line permanent. The location of the Urban Limit Line may be changed only by a vote of the people of Dublin dur -inn the °r€ e ive per -i , and only following review and approval of a General Plan Amendment by the City Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land use designation to an urban designation. The last paragraph of Section 2.1 is amended as follows: The majority of the Primary Planning Area has been developed since the 1960's; therefore, the Land Use Element focuses on the remaining uncommitted sites and on the potential for more intensive use of existing sites. Land use changes in the Eastern Extended Planning Area have been more dramatic with the - Let Dublin Decide Initiative Page 11 - implementation of the Eastern Dublin Specific Plan. With the exception of Schaefer Ranch, development in the Western Extended Planning Area was initially is restricted until 2030 pursuant to initiative Resolution 209 -00 adopted on November 7, 2000. The 2000 Initiative established a Western Urban Limit Line, and the 2014 Let Dublin Decide Initiative made that Urban Limit Line permanent so that it can be changed only by a vote of the people of Dublin. The first paragraph of Section 2.4 is amended as follows: 2.4 WESTERN EXTENDED PLANNING AREA The Western Extended Planning Area is over 3,000 acres (see Table 2.3 below) of which approximately 2,647 acres lie west of the Urban Limit Line and have been designated Rural Residential/Agriculture date of C t y Catmoil nan„ t „tio 209 nn adopted by initiative o November 7, 20 . The intent of the Urban Limit Line is to protect the natural resources of the western hills and guide development to areas of Dublin that are less constrained and where urban services can be provided in a more efficient and cost - effective manner. The Western Urban Limit Line was made permanent by the 2014 Let Dublin Decide Initiative, and can be changed only by a vote of the people of Dublin. 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. Guiding Policy A.I.a. in Section 2.5.5, Western Extended Planning Area, is amended as follows: a. An Urban Limit Line was adopted by initiative on November 7, 2000 for the majority of the Western Extended Planning Area. The Urban Limit Line is located along the City limit line as of the effective date of the initiative. Pursuant to the initiative, lands west of the Urban Limit Line are designated as Rural Residential/Agriculture on the General Plan Land Use Map (Figure 1 -1). The Initiative as originally enacted, was is effective for thirty (30) years from its effective date. The 2014 Let Dublin Decide Initiative amended the General Plan to make the Western Urban Limit Line permanent. The location of the Urban Limit Line may be changed only by a vote of the people of Dublin-dw4*g the off „tive period, and only following review and approval of a General Plan Amendment by the City Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land use designation to an urban designation. - Let Dublin Decide Initiative Page 12 - VI. CONFORMING GENERAL PLAN AMENDMENTS The following amendments to the General Plan are made by this Initiative to ensure the General Plan remains internally consistent and correlated. Underlined text is added and strikethrough text is deleted. Plain text is included for comparison and context. The amendments added by this Section VI of the 2014 Let Dublin Decide Initiative may be amended or deleted by the Council pursuant to usual procedures without a vote of the people of Dublin, so long as doing so effects no substantive change to or conflicts with any provisions in any other Section of this Initiative. Section numbers references within these conforming amendments are to sections of the General Plan. Conforming Amendment #I. The second paragraph of Section 1.1 is amended as follows: The text and plan maps adopted by the City Council in this General Plan constitute a guide for the day to day physical development decisions that shape the social, economic, and environmental character of the City and its dv� planning areas. In accordance with Government Code Section 65300, the General Plan includes policies for the Planning Area, including the City limits proper and those areas outside the City limits that bear relation to Dublin's planning. Consequently, the Dublin Planning Area includes the Primary Planning Area, and two Extended Planning Areas; (the Eastern Extended Planning Area and the Western Extended Planning Area), and the Eastern Study Area. The City and its Extended Planning Areas cover approximately 18.76 square miles of which 14.62 square miles are located within the City limits. The remaining 4.14+ square miles is located within the Western Extended Planning Area beyond an Urban Limit Line. I_n addition, the Eastern Study Area covers approximately acres or approximately 2.6 square miles. Conforming Amendment #2. Section 1.4 is amended as follows: 1.4 PRIMARY AND E TT?A DED DUBLIN'S FOUR PLANNING AREAS The General Plan includes policies for all four three of the City's Planning Areas: the Primary Planning Area, Eastern Extended Planning Area an4-Western Extended Planning Area and the Eastern Study Area. The Primary Planning Area consists of the original 1982 City boundaries and those annexations occurring to the west between 1985 and 1991 and is roughly 3,100 acres. The Eastern Extended Planning Area is located east of the Primary Planning Area while the Western Extended Planning Area is located west of the Primary Planning Area. The Eastern and - Let Dublin Decide Initiative Page 13 - Western Extended Planning Areas are coterminous with the City's Sphere of Influence and are described in further detail below. The Eastern Study Area was created by the 2014 Let Dublin Decide Initiative which also established a policy that the Council should apply to LAFCO and obtain an amendment of Dublin's Sphere of Influence to include the Eastern Study Area, and pursue annexation of that area. The Eastern Study Area lies cast of the Eastern Extended Planning Area and inside the Eastern Urban Limit Line established by that initiative. For more detailed information about the Eastern Study Area and policies applicable to that area, see Section 2.7. Conforming Amendment #3. A new Section 1.4.3 is added immediately following Section 1.4.2, as follows: 1.4.3 EASTERN STUDY AREA, The Eastern Study Area was added by the 2014 Let Dublin Decide Initiative, and is subject to the policies set forth in Section 2.7. Conforming Amendment #4. Section 1.8.1.2 is amended as follows: 1.8.1.2 POPULATION DENSITY MEASUREMENTS Assumed residential household size in all three four Planning Areas is based on Dublin's average household size of 2.7 persons per unit as reported in the 2010 US Census data. Conforming Amendment #5. A new Section 1.8.1.7A is added, immediately following Section 1.8.1.7, as follows: 1.8.1.7A. EASTERN STUDY A For the land use classifications applicable in the Eastern Study Area, see Section 2.7 below. Conforming Amendment #6. Section 2.1 is amended as follows: 2.1 INTRODUCTION Government Code sec. 65302(a) identifies the required content for land use elements. A land use element must 1) designate the proposed distribution of specified uses and facilities; 2) identify population density and building intensity standards for each land use district; 3) identify areas subject to flooding and review those areas annually; 4) create a timber production land use category where appropriate; and, 5) consider the impact of new growth on - Let Dublin Decide Initiative Page 14 - military readiness activities carried out on military bases, installations, and operating and training areas. Each of these required features is included in Dublin's adopted General Plan, although not all are present in the Land Use Element. Dublin's General Plan Map for all the Primary Extend Planning Areas, Figure 1 -1, summarizes the proposed distribution of residential, commercial, industrial, and open space uses. The map also shows existing schools and other public buildings and grounds. Policies further defining the location and intensity of residential, commercial, and industrial uses appear in this Land Use Element. Policies relating to open space and parks appear in the Parks and Open Space Element (Chapter 3); policies relating to schools, and solid and liquid waste disposal facilities appear in the Schools, Public Lands and Utilities Element (Chapter 4). Background information supporting the adopted policies is located in the corresponding Land Use, Open Space, and Schools, Public Lands and Utilities sections of the Technical Supplement. Population density and building intensity standards are presented in sec. 1.8.1 Land Use Classifications of Chapter 1, and in sec. 2.7 pertaining to the Eastern Stud. Areas subject to flooding and appropriate land use policies are presented in the Seismic Safety and Safety Element (Chapter 8). Dublin's General Plan contains no timber production land use category because no timberland as described in Government Code sec. 65302(a)(1) occurs anywhere in the City's planning area. Policies related to military readiness activities at the Parks Reserve Forces Training Area can be found in the Schools, Public Lands and Utilities Element (Chapter 4). The majority of the Primary Planning Area has been developed since the 1960's; therefore, the Land Use Element focuses on the remaining uncommitted sites and on the potential for more intensive use of existing sites. Land use changes in the Eastern Extended Planning Area have been more dramatic with the implementation of the Eastern Dublin Specific Plan. With the exception of Schaefer Ranch, development in the Western Extended Planning Area is restricted until 2030 pursuant to initiative Resolution 209 -00 adopted on November 7, 2000. The Eastern Study Area is subject to the policies described in sec. 2.7. Conforming Amendment V. A new Section 3.5 is added at the end of Chapter 3 (Land Use and Circulation: Parks and Open Space ) of the General Plan: 3.5 EASTERN STUDY AREA - Let Dublin Decide Initiative Page 15 - The Eastern Study Area was added to the City's General Plan by the 2014 Let Dublin Decide Initiative. The Resource Management and Large Parcel Agriculture land use designations which were adopted by the 2014 Let Dublin Decide Initiative, seek to preserve existing uses and will result in preservation of existing areas of open s ace in the condition they. were in as of the effective date of that initiative. These designations cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is formulated for the area. If an Eastern Study Area Comprehensive Plan were being considered, the subjects of parks and permanent open space would be addressed in the context of the Plan being proposed, and olicies specific to the Eastern Study Area would be considered at that time. (See Section Conforming Amendment #8. A new Section 4.8 is added at the end of Chapter 4 (Land Use and Circulation: Schools, Public Lands, and Utilities Elements), as follows: 4.8 EASTERN STUDY AREA The Eastern Study Area was added to the City's General Plan by the 2014 Let Dublin Decide Initiative. The Resource Management and Large Parcel Agriculture land use designations that apply in this Planning Area, which were adopted by the 2014 Let Dublin Decide Initiative, seek to preserve existing uses. Accordingly, the Eastern Study Area is not expected to generate substantial needs or have substantial impacts related to public schools, public lands, solid waste, sewage treatment and disposal, water supply, or the Alameda County Hazardous Waste Management Plan. Similarly, the Eastern Study Area is not expected to have anyqppreciable effect on military readiness._ The Resource Management and Large Parcel Agriculture land use designations cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is adopted for the area. If an Eastern Study Area Comprehensive Plan were being considered, the subjects of public schools, public lands, solid waste, sewage treatment and disposal, water supply, the Alameda County Hazardous Waste Management Plan and effect on militar readiness would be addressed in the context of the Plan being proposed, and .policies specific to the Eastern Study Area would be considered at that time. (See Section 2.7) Conforming Amendment ##9. A new paragraph is added at the end of section 5.1 as follows; The Eastern Study Area, which lies outside City limits as of the effective date of the 2014 Let Dublin Decide Initiative that added - Let Dublin Decide Initiative Page 16 - the Eastern Study Area to the General Plan, is served primarily bX the proposed extension of Dublin Boulevard from Fallon Road to Airway Boulevard, (See Table 5.1 below). Streets in the Eastern Study Area are shown on the Circulation Map as amended by the 2014 Let Dublin Decide Initiative. The Resource Management and Large Parcel Agriculture land use designations that apply in this Planning Area, which were adopted by the 2014 Let Dublin Decide Initiative seek to preserve existing uses. Accordin 1 the Eastern Study Area is not expected to impose substantial needs or have substantial impacts related to circulation. The Resource Management and Large Parcel Agriculture land use designations cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is adopted for the area. If an Eastern Study Area Comprehensive Plan were being considered, circulation issues would be addressed in the context of the Plan being_ proposed, and policies specific to the Eastern Study Area would be considered at that time. (See Section 2.7) Conforming Amendment #10. The third and fourth paragraphs of Section 7.1 are amended as follows: Those statutorily required resources that do not occur in the Primary ^" E to.-n- -°d- Planning Areas of Dublin are not discussed. Specifically, Dublin is an inland city which contains no forests, harbors, fisheries or mineral extraction areas. Air quality and wastewater disposal have been the Tri- Valley's most difficult conservation issues affecting urban growth, even with construction of the Livermore Amador Valley Wastewater Management Association (LAVWMA) pipeline, and significantly improved air quality. The extent of development in eastern the Eastern Extended Plannin Area of Dublin has drawn greater attention to other conservation issues -- conversion of agricultural land to urban uses; loss of open space; hazards posed by development in steep and landslide prone areas; increased runoff; and, erosion and stream siltation. Additionally, the prospect of renewed or intensified air quality and sewage disposal problems accompanies plans approved or under consideration that would result in up to 200,000 jobs in the Tri- Valley. Conforming Amendment #11. Section 7.1.2 is amended as follows: 7.1,2 EASTERN HILLS The eastern hills are not as valuable as the western hills for habitat resources. Productive agricultural soils are likewise limited; the Eastern Extended Planning Area and the Eastern Study Area do - Let Dublin Decide Initiative Page 17 - does not include prime agricultural land or farmlands of Statewide importance. At best, the forage produced in the Planning Area is of some local importance. Throughout the northern, central, and eastern portions of the Eastern Extended Planning Area, much of the land had been under Williamson Act contracts that prohibit development for a minimum of ten years while providing tax advantages to landowners. In recent years, a number of landowners have not renewed their contracts, and the lands are no longer in Williamson Act contracts. Conforming Amendment #12. The first paragraph of Section 7.2 is amended as follows: 7.2 STREAM CORRIDORS AND RIPARIAN VEGETATION Dublin's Primary and Eastern Extended Planning Areas, and the Eastern Study Area are located within Livermore Drainage Unit which is one of two major drainage basins in the Alameda Creek Watershed. Of the many streams in the Livermore Drainage Unit, two flow through Dublin's Primary and Eastern Extended Planning Areas — Alamo Creek and Tassajara Creek, respectively. Alamo Creek runs in a north -south direction just west of Dougherty Road; Tassajara Creek also runs in a north -south direction and is located just west of Tassajara Road. Portions of these creeks have been channelized and remaining sections are being improved as a result of subdivision developments. Cottonwood Creek flows through the Easter Study Area, and is protected by the 2014 Let Dublin Decide Initiative. (See Section 2.7) Conforming Amendment #13. A new Section 7.9 is added at the end of Chapter 7 (Environmental Resources Management: Conservation Element), as follows: 7.9 EASTERN STUDY AREA The Eastern Study Area was added to the City's General Plan by the 2014 Let Dublin Decide Initiative. The Resource Management and Large Parcel Agriculture land use designations that apply in this Planning Area, which were adopted by the 2014 Let Dublin Decide Initiative, seek to preserve existing uses and will result in preservation of existing areas of open space and agricultural uses in the condition the were in as of the effective date of that initiative. The Resource Management and Large Parcel Agriculture.. land use designations are respectful of environmental resources and they cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is adopted for the area. If an Eastern Study Area Comprehensive Plan were being - Let Dublin Decide Initiative Page 18 - considered, the subjects of stream corridors and riparian vegetation, erosion and siltation control, oak woodlands, oak woodlands, air quality, agricultural lands, archeologic and historic resources, and open space maintenance /management would be addressed as applicable in the context of the Plan being proposed, and policies for the Eastern Studv Area would be considered at that time. (See Section 2.7) Conforming Amendment #14. Section 8.1 is amended as follows: Few potential building sites within the U,-;,.,ary or Ex4en „a Planning Areas are without geologic impact or hazard. The hazard may be actual, such as an active landslide or proximity to an active fault, or potential, such as a proposed cut that might activate a landslide. Mitigation of hazards may increase construction cost, but will reduce long -term costs to both property owners and the City. Conforming Amendment #15. A new Section 8.4 is added at the end of Chapter 8 (Environmental Resources Management; Seismic Safety and Safety Element) as follows: 8.4 EASTERN STUDY AREA The Eastern Study Area was added to the City's General Plan by the 2014 Let Dublin Decide Initiative. The Resource Mana ement and Large Parcel Agriculture land use designations that apply in this Planning Area, which were adopted by the 2014 Let Dublin Decide Initiative, seek to preserve existing uses. That Initiative amended General Plan Diagrams to map seismic and geologic hazard areas, and flood areas. Evacuation routes for this Planning Area are along the existing roadway system, depicted in the Circulation Map as amended by the 2014 Let Dublin Decide Initiative. The Resource Management and Large Parcel Agriculture land use designations restrict development and they cannot be amended to allow more development unless and until an Eastern Stud Comprehensive Plan is adopted for the area. If an Eastern Study Area Comprehensive Plan were being considered, the risk of ground shaking, rupture, and failure due to earthquakes, landslide, subsidence and liquefaction hazards, flooding, and urban and wildland fires would be addressed as applicable in the context of the Plan being proposed, and policies for the Eastern Study Area would be considered at that time. (See Section 2.7) Conforming Amendment #16. Section 9.1 is amended as follows; 9.1 INTRODUCTION - Let Dublin Decide Initiative Page 19 - Government Code sec. 65302(f) outlines the statutory requirements for Noise Elements. Recognizing the State Office of Noise Control (ONC) guidelines, Noise Elements must quantify current and projected noise levels for local noise sources. Among the noise sources to be evaluated are highways and freeways, arterials and major streets, railroads and rapid transit systems, airports and heliports, industrial plants, and other ground stationary sources identified by local agencies as contributing to the community noise environment. Traffic noise is the major source of noise in Dublin's thme Planning Areas. Therefore, the focus of this Noise Element is the effect of traffic noise on locating categories of land use and developing projects within those categories. Information supporting the adopted noise policies is located in the corresponding Noise Element section of the Technical Supplement, and the Eastern Study Area is projected to experience the same level of noise along the freeways and major roadways as is described and projected within the Eastern Extended Planning Area. The City's Planning Areas contain no railroads, airports, heliports or industrial plants. However, the Parks Reserve Forces Training Area (Parks RFTA) does contain a heliport and is located between Dublin's Primary and Eastern Extended Planning Areas. Noise impacts from the Parks RFTA were addressed in the Army's 2005 Environmental Noise Management Plan (ENMP). Additionally, the southern portions of the Eastern Extended Planning Area east of Tassajara Road fall within the Livermore Municipal Airports Airport Influence Area (AIA). Noise impacts from the Livermore Municipal Airport were addressed in Alameda County's 2012 Airport Land Use Compatibility Plan (ALUCP). Development within the AIA must be consistent with the ALUM Traffic is the primary source of continuous noise in Dublin. Noise exposure contours have been plotted for 2011 (based on current traffic data) and projected to 2035 based on anticipated traffic volume increases (see Figures 9 -1 and 9 -2). The Community Noise Equivalent Level (CNEL) describes 24 -hour average noise levels measured in decibels (dB) taking into account the increased sensitivity of people to noise during evening and nighttime hours. Sound levels between 7:00 p.m. and 10:00 p.m. are penalized 5 dB and those between 10:00 p.m. and 7:00 a.m, are penalized 10 dB. The dB scale is logarithmic; a 3 dB difference normally is discernable and a 10 dB increase is subjectively heard as a doubling in loudness. The Land Use Compatibility Table (Table 9.1) provides the basis for decisions on the location of land uses in relation to noise - Let Dublin Decide Initiative Page 20 - sources, and for determining noise mitigation needs. Noise impacts resulting fiom development within the Eastern Extended Planning Area were addressed in the Eastern Dublin Specific Plan Environmental Impact Report and subsequent environmental analyses for projects within the Eastern Extended Planning Area. The Resource Management and Large Parcel Agriculture.jand use designations that apply in the Eastern Study Area, which were adopted by the 2014 Let Dublin Decide Initiative, seek to preserve existing uses and thus are not expected to alter noise. Existing and projected noise contours in the Eastern Extended Planning Area are extended into the Eastern Study Area. The Resource Management and Large Parcel Agriculture designations cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is adopted for the area. If an Eastern Study Area Comprehensive Plan were being considered, noise issues would be addressed as applicable in the context of the Plan being proposed, and policies for the Eastern Stud would be considered at that time. (See Section 2,7). Conforming Amendment ##17. Appendix A (General Plan Amendments) is amended as follows, An additional row is added. In the "Amendment" column of that new row, "2014 Let Dublin Decide Initiative" is added, In the "Approval" column of that new row, "Initiative" is added. In the "Dated Adopted" column of that new row, "11 -4 -14" (or such other date as this Initiative is adopted) is added. In the "GP Updated" column "TBD" is added. Conforming Amendment #18. The second paragraph under the heading "Agricultural Workers" on page Appendix C -16 of the City of Dublin 2009 -2014 Housing Element is amended as follows: Dublin is an urbanized community with no undeveloped parcels zoned for agricultural use, though land in the Eastern Stud Area is designated in the General Plan for agricultural uses. The agricultural land use designation is intended to maintain existin uses and is not expected to expand agricultural uses. Because a negligible portion of community residents are employed in farming, fishing, and forestry occupations and there is little potential for this occupational category to expand within Dublin, no housing programs or policies are needed to address the needs of farm- workers. Conforming Amendment #19. The text immediately following the heading `B. Governmental Constraints" on page Appendix C -32 of the City of Dublin 2009 -2014 Housing Element is amended as follows: B. Governmental Constraints - Let Dublin Decide Initiative Page 21 - City ordinances, policies, and other regulations can impact the price and availability of housing in Dublin. Land use controls, site improvement requirements, building codes, fees, and other local programs to improve the overall quality of housing may serve as constraints to housing development. The following public policies can affect overall housing availability, adequacy, and affordability. Land Use Controls The Dublin General Plan, Eastern Dublin Specific Plan, Downtown Core Specific Plan, Village Parkway Specific Plan, and West Dublin BART Specific Plan establish land use designations for twee four areas of the City: • Primary Planning Area; • Eastern Extended Planning Area; and • Western Extended Planning Area; and • Eastern Study Area. Conforming Amendment #20. A new section is added on page Appendix C -34 of the City of Dublin 2009 -2014 Housing Element, after the section entitled "Western Extended Planning Area and immediately before the section entitled "Livermore Airport Protection Area (APA)," as follows: Eastern Study Area The Eastern Study Area was added to the City's General Plan by the 2014 Let Dublin Decide Initiative. That initiative also established a Eastern Urban Limit Line around the eastern edge of the Easter Study Area, which can be changed only by a vote of the people of Dublin. The Resource Management and Large Parcel Agdculturc land use designations.. that apply in this Plannin Area, which were adopted by that initiative, seek to preserve existing uses and will result in preservation of existing areas of open s ace and agdeultural uses in the condition the were in as of the effective date of that initiative. These land use designations are not residential designations and they restrict development. Accordingly, no sites in the Eastern Study Area are considered to be sites with residential development potential in Figure C -7. Also, because these land use designations maintain the status quo, they are not projected to affect substantially the need for housing. Accordingly, the addition of the Eastern Study Area to the General Plan is not intended to and does not affect the adequacy of this Housing Element for all other areas encompassed within the - Let Dublin Decide Initiative Page 22 - General Plan, or its conclusions regarding housing needs and the City's ability to meet housing needs. eeds. The Resource Management and Lame Parcel Agriculture land use designations cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is ado ted for the area. If an Eastern Study Area Comprehensive Plan were being considered, the subject of housing needs would be addressed as a licable in the context of the Plan bein ro osed and policies for the Eastern Study Area would be considered at that time. (See Section 2.7 of the General Plan) However, since the Eastern Stud Area is no.t..presently designated with a residential land use category, the possibility of adopting an Eastern Study Area Comprehensive Plan is not a present, actual constraint on housing. Conforming Amendment #21. The text immediately following the heading "Biological Resources" on page Appendix C -57 of the City of Dublin 2009 -2014 Housing Element is amended as follows: Biological Resources The Primary Planning Area is in the Livermore drainage unit of the Alameda Creek watershed. Of the many streams in this drainage area, one flows through the City -- Alamo Creek. The creek runs along the eastern side of Dublin near Dougherty Road. A major portion of the creek is channelized, and remaining sections have mostly been improved as a result of subdivision developments. The Extended Planning Area lies within other watersheds. Several significant streams traverse the Extended Planning Area and the Eastern Study Area — Hollis Canyon and Martin Canyon Creeks in the western hills and Tassajara and Cottonwood Creeks in eastern Dublin. Extensive areas of riparian vegetation are located along stream courses in the Western Extended Planning Area. This riparian woodland has importance to wildlife in the area. Considerable damage to riparian areas has resulted from intensive animal grazing. New development is required to provide open stream corridors of adequate width to protect riparian vegetation. Where construction requires creekbank alteration, revegetation with native riparian vegetation is required. Special consideration is given to the protection or enhancement of riparian woodland areas of the Western Extended Planning Area biological resources due to the unique habitat value of these biological resources. - Let Dublin Decide Initiative Page 23 - VII. INCONSISTENCY WITH OTHER BALLOT MEASURES This measure is intended to be comprehensive. It is the intent of the people that in the event this measure or measures relating to the same subject shall appear on the same election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and all provisions of the other measure or measures shall be null and void. Conflicting measures include the Dublin Open Space Initiative Of 2014 and any measure that addresses land use in and near Dublin. Any measure that restricts, supplements or affects, in whole or in part, General Plan policies, goals, action items, provisions or language relating to all or any portion of the Eastern Study Area, whether such reference or initiative measure does so by specific application to the Eastern Study Area or as a more general enactment that could otherwise be applied in a manner that would affect the Eastern Study Area, is a conflicting measure. VIII. EXEMPTIONS This Initiative shall not apply to any of the following: (1) any land that, under state or federal law, is beyond the power of the local voters; and (2) any property that, as of the Effective Date, has vested rights that preclude application of this Initiative. IX. IMPLEMENTATION OF THIS INITIATIVE Upon the Effective Date of this Initiative, City staff is directed to take promptly such administrative and clerical steps as may be required to implement this Initiative, including, without limitation, revising any General Plan figures to reflect the provisions adopted by this Initiative. This Initiative is intended to ensure that the General Plan remains an integrated, internally consistent, and compatible statement of policies for the City as required by state law, and to ensure that the actions of the voters or the City Council in enacting this Initiative are given effect. Accordingly, to the extent permitted by law, any provision of the General Plan that is adopted between the Filing Date and the Effective Date of this Initiative shall, to the extent that such interim- enacted provision is inconsistent with the General Plan Amendment enacted by this Initiative, be deemed void and unenforceable, and shall be amended as soon as possible and in the manner and time required by state law to ensure consistency between the provisions adopted by this Initiative and other elements of the General Plan. To the extent permitted by law, the voters of the City authorize and direct the City staff and decision makers to amend any elements or provisions of the General Plan, including all exhibits and figures, and all other City ordinances, policies, and implementation programs, as soon as possible, to implement this Initiative and to ensure consistency and cot-relation between this Initiative and other elements of the General Plan. The preceding sentence shall be interpreted broadly pursuant to Pala Band of Mission Indians v. Board of Supervisors, 54 Cal.AppAth 565 (1997) to promote the requirements that a general plan constitute an integrated and consistent document. - Let Dublin Decide Initiative Page 24 - After the Effective Date, any provision of the Municipal Code that is inconsistent with the General Plan Amendment shall be deemed null and void. X. INTERPRETATION To ensure that the voters' intent prevails, words in this Initiative shall be interpreted according to the purposes described in this Initiative, and shall be applied according to their plain meaning. In the event the plain meaning is not clear, we the voters declare our intent that this Initiative be interpreted in light of those ballot materials and campaign materials that are offered in favor of this Initiative. We also declare that we adopt our findings based upon our general knowledge of Dublin geography, planning, development, community need and desires, and upon those ballot and campaign materials that are offered to the public in favor of this Initiative. Any titles of the sections or subsections of this Initiative are inserted for convenience of reference only and shall be disregarded in interpreting, applying or implementing any part of the provisions of this Initiative. This Initiative shall be interpreted so as to be consistent with all applicable federal and state constitutions, laws, rules, regulations and requirements. XI. SEVERANCE If any word of this Initiative, or its application to any situation, is held invalid or unenforceable, in a final judgment that is no longer subject to rehearing, review or appeal by a court of competent jurisdiction, then the invalid word is severed, and /or the invalid words are severed, and the remaining parts of this Initiative, and the application of any part of this Initiative to other situations, shall continue in full force and effect. We, the people of the City of Dublin, declare that we would have adopted this Initiative, and each section, each paragraph, each phrase and each word, irrespective of whether any other portion, or application to any situation, be held invalid. It is our intent that any portion of this Initiative that can lawfully be implemented be implemented, even if doing so would not permit implementation of the purposes of this Initiative, even if doing so would otherwise appear trivial or inconsequential, and even if the valid portion appears intertwined with the invalidated portion. As the body enacting this Initiative, we state our intent that if severance is being considered, each section, each paragraph, each phrase and each word of this Initiative be interpreted to be complete in itself, and functionally and grammatically separate from each other word. Moreover, if the portion ruled invalid can be the subject of a valid advisory measure, then we direct that such portion be deemed an advisory measure and we urge the Council to follow our advice. XII. AMENDMENT Clerical changes to reproduce or relocate any text or diagram of this Initiative, or rename any diagram of this Initiative, may be made, without a vote of the people, so long as doing so effects no substantive change. The name of the Eastern Study Area enacted by this Initiative and the name of the Eastern Area Comprehensive Plan addressed in this Initiative may be amended by the Council without a vote of the people, so long as doing so effects no substantive change. - Let Dublin Decide Initiative Page 25 - The contents of Exhibits A -1 and A -2 may be displayed in any manner deemed appropriate by City staff or decision - makers so long as displaying the contents in a manner other than as depicted in Exhibits A -1 and A -2 effects no substantive change. For example, the circulation aspects of Exhibit A -2 may be displayed in a General Plan circulation diagram that does not also display geologic hazards, so long as the geologic hazard information is depicted in all General Plan diagrams that address geologic hazards. The Urban Limit Line and the Eastern Study Area Boundary shown in Exhibits A -I and A -2 may be amended only by a vote of the people of Dublin. The land use designations shown in Exhibit A -1 may be amended only pursuant to General Plan Sections 2.7,13 and 2.7.E as enacted by this Initiative. The city limits and Sphere of Influence boundary, and proposed city limits and proposed Sphere of Influence boundary in Exhibits A -1 and A -2 may be amended without a vote of the people only to reflect LAFCO decisions. The aspects of Exhibit A -2 that pertain to transportation, geologic hazards and potential flooding may be amended without a vote of the people, so long as the amendment does not conflict with Section V.B (Eastern Study Area in Chapter 2) or V.C.I (Western Urban Limit Line) of this Initiative. Section V.C.2 of this Initiative sets forth text amendments to make Measure M and the Western Urban Limit Line permanent. The exact wording used in these text amendments may be amended without a vote of the people only if the following three requirements are met: (1) the General Plan indicates that the Western Urban Limit Line and Measure M are permanent, (2) the text of Measure M (as amended by this Initiative) is reflected in the General Plan, and (3) the General Plan indicates that the provisions of Measure M (as amended by this Initiative) can be amended only by a vote of the people. Text and/or diagrams that are included within this Initiative for comparison or reference purposes only, and which are not enacted by this Initiative, may be amended, supplemented or repealed according to the same procedures that would apply if this Initiative had not been enacted, provided that doing so effects no substantive change to any provision of this Initiative that can be amended only by a vote of the people or in accordance with certain procedures. Corrections may be made to fix any typographical or clerical errors in this Initiative, without a vote of the people, provided that doing so effects no substantive change. No other part of this Initiative may be altered, repealed or amended, except upon a subsequent vote of the people of Dublin. XIII. STATUTE OF LIMITATIONS Unless a shorter statute is enacted by the State Legislature, all provisions of this Initiative shall be deemed subject to Government Code section 65009(c), and no action or proceeding challenging all or any part of this Initiative shall be maintained unless commenced and service made within ninety (90) days of the date of the legislative body's decision. We intend the date of the legislative body's decision to be the date of the election at which the voters adopt this Initiative. If such date cannot lawfully be deemed the date of the legislative body's decision, then we intend the date of the legislative body's decision to be the earliest possible lawful date. - Let Dublin Decide Initiative Page 26 - XIV. EXHIBITS The following is a list of exhibits, This list is provided for ease of reference only, and does not constitute part of the matters adopted by this Initiative. However, the exhibits themselves which are described as being enacted by this Initiative are so enacted. Exhibits A -1 & A -2: General Plan diagrams showing the Eastern Study Area. These diagrams are enacted as amendments to all General Plan diagrams by this Initiative. Exhibit B. Dublin General Plan Land Use Map as of the Filing Date. This map is provided for reference only and is not enacted by this Initiative. Exhibit C. County's Land Use Map, showing County land use designations for Eastern Study Area as of the Filing Date. This map is provided for reference only and is not enacted by this Initiative. - Let Dublin Decide Initiative Page 27 - Publiclseml-pubItclopen space NJ Re&nol Park ,,,,r+ Parked Public Recreation ON OponspaoO 111101 stream Conidor Pubho Lands Public /Somi-putsm 80IM-PutrLd Resource Management LV Large Parcel Agdoulline [C]F ComrrivnAy Park "s Neighbothood Square P Neighborhood Park Regional Park Oty of Livennoto U], City of Pleasanton ED city of son, Ramon Commercial/industrial Residential NN� Oetterat Commercial Rural RosidentiallAgrtculture, (11 Untl per,100 Gross Reeklonfial Acres) RetadiOffica Estate Residential (0,01 - 0.8 dufac) Retailloffice and Automotive ,110 '? Lovy-Donsity Single Family (0.5.3.8 dulao), Neighborhood Commercial Sin tito Farnty Residentat (0.9 - &0 dtslac) General cornmorcialfcarnpos Offloo Medfurn-OonsIty Rooldentfial (6,11 - 14,0 dulac) Carnpus Office IM Mediu(niHoh-Density Residential (14.1 -25.0 dulaP) Industrial Park ffigh-Density Residential (25.1 + "ac) Business Pwk/findusuim Business Park;1ndustrial and! Owdoor Storage Mixed Use City of DUbfin Urnits Mixed Use voompus, office Sphere of Influence ModiumtHigh Density Residential and Retail Office µ Proposed City of Dublin Lionts and Proposed Sphere of Influence Downtown Dublin urban Limit Line M Downtown OuNin -'Village Parkway District Eastern Study Area Boundary ��ffA Downtown OUNIA -Transit-Orionled 04tricl ff,j Downtown DvWfn - Retail District EXHIBITA -1 TRANSPORTATION N Arterial and Regional 85 Private EJ City of Dublin Corridor M Freeway and Existing Sphere of influence 00 Collector and Future Regional Corridor 1: :1 Eastern Study Area Boundary Regional Corridor --- - Proposed Class 11 Bike Urban Limit Line 0011, Local Residential Lane Proposed City of Dublin Limits and Proposed Sphere of Influence -- Iron Horse Trail GEOLOGICAL HAZARDS M O.2 %Annual Chance Flood Hazard (500 Year Flood Hazard) M 1 % Annual Chance Flood Hazard (100 Year Flood Hazard) POTENTIAL FLOODING M Liquefaction Areas ON Fault Boundary Stream 40 Landslide Areas CDC, Fault Traces Molffam LU z LU EXHIBIT B 3 A)i Public /Seml- Public /Open Space Corn mercialfindustrial Regional Park 0 Parksl Public Recreation Open Space Stream Corridor Public Lands Public l Semi - Public - Semi - Public Reswrce Management Large Parcel Agriculture 0 Community Park FN Is Neighborhood Square na Neighborhood Park ar Regional Park { City of Livermore Q City of Pleasanton City of San Ramon PROPOSED CITY OF DUBLIN LIMITS AND / PROPOSED SPHERE OF INFLUENCE URBAN LIMIT LINE EASTERN STUDYAREA I RESOURCE MANAGEMENT LAND USE DESIGNATION EASTERN STUDY AREA i 7 LARGE PARCELAGRICULTURE LAND USE DESIGNATION Residential General Commercial .Rural Reta l,Off ce ResidenliaVAgricLlture (1 Umll per 100 Gross Residential Acres) - Reta 110ffice and Automotive Estate Residential (0.01 - 0.8 dulac) Lo,v- Density Single Family (0.5 - 3 -8 dulac) Neighborhood Commercial Single Family Residential (0.9 - 6.0 dulac) - General CommercialfCampus Office Medium- Density Residenlial (6.1 - 14.0 dulac) Campus Office 1. lediumlFligh- Density Residential (14.1 - 25.0 dulac) Industrial Park High- Density Residential (25.1+ dulac) - Business Parkllndustnai Busmess Parkllndustmal and Outdoor Storage - Mixed Use �, -,. City of Dublin Limits ?Z4 Mixed Use 21Campus Office L� Sphere of Influence Medium+High.Density Residential and Retail Office Proposed City of Dublin Limits and Proposed Sphere of Influence Downtown Dublin Urban Limit Line Downtown Dubl In - Village Parkway District (; .j Eastern Study Area Boundary } Downtown Dublin - Transit - Oriented District Downtown Dublin - Retail District EXHIBITA-1 PROPOSED CITY OF DUBLIN LIMITS AND PROPOSED SPHERE OF INFLUENCE URBAN LIMIT LINE EASTERN STUDYAREA BOUNDARY " + 97j, t.� City of Dublin t City or 1'lea'antcuf City of Livermore TRANSPORTATION Arterial and Regional Private C. I City of Dublin Corridor 00 Freeway and Existing F-1 Sphere of Influence I Collector and Future Regional Corridor l:: 7 Eastern Study Area Boundary Regional Corridor Proposed Class II Bike 0 Urban Limit Line Local Residential Lane M Proposed City of Dublin Limits and Proposed Sphere of Influence °•••• Iron Horse Trail GEOLOGICAL HAZARDS 1 0,2 %Annual Chance Flood Hazard (500 Year Flood Hazard) 1 % Annual Chance Flood Hazard (100 Year Flood Hazard) POTENTIAL FLOODING M Liquefaction Areas Fault Boundary Stream Landslide Areas CDC Fault Traces EXHIBITA -2 Z CL J Lu W W C7 In Z J 0 m Z Q d J pz � p�q I: Iola i � A °c r " 1 t� V� t` EXHIBIT B �A3b , �i I III "Ill £ r r 4 a a n 8 iidu 0 4 `3 fi 3 � o �9 aa4 s s a � e e 3 � F ss3a 5 Ix s� m z 8 E s a dgg � gg S W a S f 1 c� EXHIBIT C � £S cn _ +-0 O � c� ID ce cc � � Sc w � ❑ � IDI s11111111I�1 t11 ° t f� i• Ballot Title and Summary for Proposed I nitiative Filed with the City Clerk of the City of Dublin on March 14, 2014 by Claudia McCormick, Gregory Tomlinson, and Mona Lisa BalI ester os I nitiative M easure To Be Submitted Directly to the Voters The City Attorney has prepared the fol lowi ng title and summary of the chief purpose and poi nts of the proposed measure: LET DUBLI N DECI DE I NI TIATIVE OF 2014 The i nitiativewould mend the City of Dublin General Plan as fol lows: • Create a neN Eastern Study Area (as depicted in the initiative), consisting of approximately 1,650 acres located immediately east of the City's current boundaries. • Establ i sh a gui di ng pol icy that D ubl i n decide what, if anythi ng, should happen i n the Eastern Study Area. In furtherance, City policy would bethat the City Council, as soon as practicable, should apply to the Local Agency Formation Commission to obtain an amendment to the Ci ty' s Sphere of I of I uence i n order to bri ng the Eastern Study A rea within the City boundaries and pursue annexation. • Establ i sh an " Eastern U roan L i m i t L i nd' a1 ong the northern, eastern, and southern boundaries of the Eastern Study Area. The City would be prohibited from approving the permanent use or extend on of Ci ty servi ces, such as roads and uti I i ti es, beyond the I i ne. I is I ocati on coul d onl y be changed by the voters. Create and appl y Resource M anagement and Large Parcel Agri cul ture I and use desi gnati ons w i thi n the Eastern Study Area. The i nitiative indicates that these designations mimic the current designations under the A I ameda County General PI an and are intended to maintain existing land use restrictions. The designations would remain in place unless and until the City Council adopts an Eastern Study Area Comprehensive Plan consistent with the requirements of the initiative. • Following receipt of any application to change a land use designation within the Eastern Study Area, the City Council would be required to appoint a 15- member Citizen Oversight Committee to participate in the creation of the Eastern Study Area Comprehensive Plan, which would serve, if adopted by the City Council, asthe framework for future development in the Eastern Study Area. The Eastern Study Area Comprehensive Plan would be subject to the fol lowing restrictions: 1. Sixty percent (60 %) of the Eastern Study Area must remain permanently protected, such that it remains in open space or agricultural use. 2. Devel opment i s precl uded i n areas at or above 770 -feet above sea I evel i n order to protect ridgelineswithin the Eastern Study Area. 3. No future residential structures within the Eastern Study Area may bevisiblefrom a residence in the City of Dubl in that existed on the date that the initiative takes effect. 4. Local wetlands, streams and wildlife habitats, including Cottonwood Creek and other seasonal wetlands, would be protected within the Eastern Study Area, in conformancewith local, stateand federal laws. 5. Future development within the Eastern Study Area must pay for its own infrastructure and public services, so that the burdens of development are not borne by the rest of the City. 6. Multi -use trai Is must be included in the Eastern Study Area providing connection poi nts to nearby regional parks. The land and improvements for such trai Is must be provi ded by the f uture devel opment. In addition, the i ni ti ative woul d make permanent the Ci ty's Western Urban Limit Lineadopted by thevotersas Measure" M" in 2000, which would otherwise expire in 2030. REGISTRAR OF VOTERS CERTIFICATE TO PETITION I, Tim Dupuis, Registrar of Voters for the County of Alameda, State of California, hereby certify that: an Initiative Petition Entitled: Let Dublin Decide Initiative of 2014, was filed with Dublin City Clerk within the statutory time limit and forwarded to this office for verification on May 19, 2014 and; The petition contained 3,556 signatures; and Pursuant to California Elections Code section 9215, in order to be sufficient, the petition must have been signed by 2,292 qualified registered voters of the City of Dublin, that number being equal to ten percent of the total registered voters of the City at the last Report of Registration to the Secretary of State; and I have examined, or caused to be examined, signatures on the petition pursuant to California Elections Code sections 9211 and 9115; and Have determined that the petition contained 426 valid signatures of qualified registered voters in the City of Dublin based on the random sample examination set forth in section 9115 and the formula prescribed by the California Secretary of State; and That this number represents 130% of the total number of signatures needed to qualify the initiative; therefore The petition is found to be sufficient to require the City Council of the City of Dublin to take the appropriate action specified in the California Elections Code. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 28th day of May, 2014. Ti9i Dupuis Registrar of Voters County of Alameda State of California RESOLUTION NO. XX - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF DUBLIN AN ORDINANCE TITLED THE "LET DUBLIN DECIDE INITIATIVE" AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 4, 2014 AND PROVIDING FOR SUBMISSION OF BALLOT ARGUMENTS AND REBUTTALS WHEREAS, on March 14, 2014, a voter initiative, titled the "Let Dublin Decide Initiative," was filed with the Dublin City Clerk which, if approved, would adopt a new ordinance in the City of Dublin restricting development to the west of the City limits and authorizing development to the east of the City limits under limited circumstances, and WHEREAS, on March 28, 2014, a title and summary of the initiative was provided to the proponents; and WHEREAS, on May 16, 2014, proponents of the initiative filed with the City Clerk documents purporting to include signatures representing at least ten (10) percent of Dublin registered voters ( "the Petition "); and WHEREAS, the Petition, received May 16, 2014, was forwarded to the Alameda County Clerk for review; and WHEREAS, the County Registrar has provided a certificate concerning review of the Petition; and WHEREAS, Elections Code section 9114 requires the City Clerk, as the City Elections Official, to examine such petitions and determine the sufficiency thereof within 30 working days of filing of the petition; and WHEREAS, Elections Code section 9114 provides that if the City Clerk determines a petition to be sufficient, the Clerk shall certify the results of his or her examination to the City Council at its next regular meeting; and WHEREAS, Elections Code section 9215 requires that, upon certification by the City Clerk to the City Council, the City Council must take one of three actions prescribed under that section, namely: 1) adopt the ordinance, without alteration, at the meeting at which the petition is certified, or a regular meeting within 10 days of that meeting; 2) submit the ordinance to the voters pursuant to Elections Code section 1405, subdivision (b) at the next regular municipal election; or 3) order staff to submit a report concerning potential fiscal, general plan and zoning, land use, infrastructure, and other impacts of the initiative within 30 days of the meeting at which the petition is certified; and WHEREAS, in accordance with Elections Code section 9114 and other applicable law, the City Clerk certified the sufficiency of the Petition at the June 3, 2014 meeting of the Dublin City Council; and WHEREAS, November 4, 2014 is the date of the City's next regular municipal election; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE as follows: Section 1. That pursuant to the requirements of Section 9215(B) of the Elections Code of the State of California and other applicable law, there is called and ordered to be held in the City of Dublin, California, on Tuesday, November 4, 2014, an election for the purpose of submitting to voters a measure restricting development to the west of the City limits and authorizing development to the east of the City limits under limited circumstances Section 2. The ballot language for the proposed ordinance shall be as follows: "Shall an ordinance be adopted that (a) specifies that Dublin should decide what happens to approximately 1,650 acres east of the city limits; (b) that establishes an urban limit line at the boundary of such area; (c) that limits development in the area unless the City Council approves a comprehensive plan incorporating significant development restrictions; and (d) extends existing restrictions on development to the west of the city limits beyond their November 7, 2030 expiration ?" Section 3. The measure to be considered by the voters pursuant to Section 2 of this Resolution is as set forth in Exhibit A attached hereto. Section 4. (a) An election on the measure set forth in Section 2 shall be held in conjunction with the municipal election to be held in the City of Dublin on Tuesday, November 4, 2014. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and within the Elections Code. (c) The election for the measure set forth Section 2 shall be held in Alameda County in the City of Dublin on November 4, 2014, as required by law, and the Alameda County Election Department is authorized to canvas the returns of that election with respect to the votes cast in the City of Dublin. (d) At the next regular meeting of the City Council of the City of Dublin occurring after the returns of the election for the measure set forth in Section 2 have been canvassed and the certification of the results provided to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 5. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument In Favor Of Measure " or "Argument Against Measure " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers. Arguments are due in the office of the City Clerk prior to 5:00 p.m., on Thursday, August 14, 2014. (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code section 9287, any council members authorized by the City Council to do so may sign the argument against the measure. (e) Alternatively, the City Council may authorize, by motion, a member or members of the City Council to cooperate with members of the community and /or interested parties and /or organizations to prepare a draft argument against the measure. Section 6. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed 250 words and may be signed by more than five persons. However, only the first five persons to sign will be printed with the ballot measure. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. on Thursday, August 21, 2014. Section 7. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. Section 8. The City of Dublin recognizes that additional costs may be incurred by the County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 9. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Exhibit A to be published once in a newspaper of general circulation in accordance with California Elections Code section 12111 and California Government Code section 6061. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law. (b) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. PASSED, APPROVED AND ADOPTED this 3rd day of June 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor LET DUBLIN DECIDE INITIATIVE PETITION CITY OF DUBLIN REQUEST THAT MEASURE BE PLACED ON BALLOT We, the undersigned, registered qualified voters of the City of Dublin, County of Alameda, propose an initiative measure that addresses land use in Dublin. This initiative lays out a clear path for Dublin to establish control over the area immediately adjacent to Dublin's current city boundaries through a combination of urban limit lines and specific planning regulations. We intend that the severance clause set forth in the initiative measure be applied to this entire petition. We petition that this initiative measure be submitted to the voters of Dublin. If this petition contains sufficient signatures to qualify for a special election, we petition that this measure be submitted to the voters at a special election, and we request that the special election be scheduled so that it occurs as soon as possible. FULL TEXT OF THE INITIATIVE MEASURE The people of the City of Dublin do ordain as follows: I. TITLE This Initiative measure shall be known as the "Let Dublin Decide Initiative." 11. THE EASTERN STUDY AREA This Initiative addresses the Eastern Study Area, an area that lies immediately adjacent to the eastern City limits. The Eastern Study Area is approximately 1,650 acres and does not include any prime agricultural land. It is depicted in Exhibits A -1 and A -2 to this Initiative. The Eastern Study Area has been included in City planning efforts dating back to the early 1990s, when the City of Dublin and the Alameda County LAFCO first considered bringing the area east of Dublin's original boundaries within Dublin's control. The area was included in Dublin's General Plan until 2002, when it was removed as a neighborly gesture to the City of Livermore, which claimed to support an open space buffer between Dublin and Livermore. However, Livermore subsequently has approved large projects, including a gambling casino (Casino 580) and the Livermore Outlet Mall, right near Dublin's borders. While these projects may bring financial benefits to Livermore, they have caused and will continue to cause traffic congestion and other adverse impacts on Dublin's citizens. In 2011, the City of Livermore submitted an application to LAFCO to bring 2,278 acres of land adjacent to Dublin city limits, including the Eastern Study Area, into Livermore's Sphere of Influence. Bringing property within a city's Sphere of Influence is a first step toward annexation into that city. If the Eastern Study Area is annexed into Livermore, Dublin and its citizens would have no control over what additional development Livermore could approve in the future on Dublin's borders. - Let Dublin Decide Initiative Page I - III. PURPOSES Dublin's citizens and its Council need to have a say in what happens in the Eastern Study Area immediately adjacent to Dublin. We need to dictate the open space protections that will apply in this area, while also assuring that we have control over any proposed change in land uses. Action is urgently needed to address these concerns and begin the process of bringing the Eastern Study Area within Dublin's control before Livermore can seize control for itself. This Initiative is enacted for these purposes. This Initiative is adopted to address the subject of land use and to achieve the following goals and purposes: • To mandate that 60% of the Eastern Study Area remain in permanent open space or agricultural uses. • To ensure that ridgelines in the Eastern Study Area are protected • To protect views from existing homes in Dublin of the Eastern Study Area • To ensure that environmentally sensitive areas such as Cottonwood Creek and other seasonal wetlands in the Eastern Study Area are protected, and that all impacts are properly mitigated in conformance with local, state and federal laws. • To lay out a clear path leading to Dublin, and not Livermore, having control over the Eastern Study Area. • To establish a permanent Urban Limit Line, which defines the outer limits of any potential future growth in Dublin and which can be changed only by a vote of the people of Dublin, along the eastern edge of the Eastern Study Area. • To require that any future development in the Eastern Study Area pays for its own infrastructure and public services so that any costs of providing those services are borne only by property owners within the Eastern Study Area. • To ensure that a citizen's oversight committee will participate in the City's review of any land use changes proposed in the Eastern Study Area. • To require that any proposals to change land uses to allow more intense uses be denied, unless and until a plan is adopted for the entire Eastern Study Area that ensures all of these goals can and will be realized. • To make permanent the Western Urban Limit Line, which is currently set to expire in 2030. IV. DEFINITIONS As used in this Initiative: - Let Dublin Decide Initiative Page 2 - "City" and "Dublin" mean the City of Dublin located in Alameda County, California. "Council" and "City Council" mean the City Council of the City of Dublin. "Eastern Study Area" means the area addressed by this Initiative, immediately east of Dublin's existing eastern border. The Eastern Study Area is depicted in Exhibits A -1 and A -2. "Effective Date" means the date this Initiative takes effect, which shall be on the earliest date legally possible. If the four amendments of the mandatory elements of the General Plan permitted by state law for any calendar year have already been enacted in the year in which this Initiative would otherwise take effect, the General Plan amendments set forth in this Initiative shall take effect on January 1 of the next year. "Filing Date" means the date the Notice of Intent To Circulate Petition for this Initiative was presented to Dublin, "General Plan" means the General Plan of the City of Dublin, as it exists on the date this Initiative takes effect (unless this Initiative makes specific reference to the General Plan in effect on a different date). "Initiative" means this Let Dublin Decide Initiative. "Local Agency Formation Commission" or "LAFCO" means an agency as described in the Cortese -Knox- Hertzberg Act, Government Code sections 56000 and following, that is responsible for deciding issues related to spheres of influence and annexations. "Measure M" is the initiative that created a Western Urban Limit Line, and is referenced in the General Plan as City Council Resolution 209 -00, adopted by initiative on November 7, 2000. "Sphere of Influence" or "SOI" has the meaning ascribed in Government Code section 56076, i,e. "a Ulan for the mobable uhvsical boundaries and service area of a local auencv." V. GENERAL PLAN AMENDMENTS The Eastern Study Area is added to the General Plan, as follows. The text and diagrams of General Plan are amended as follows. A. Diagram Amendments. The Dublin General Plan Land Use Map, and all figures in the General Plan that depict the planning area of the City, are amended to encompass the diagrams in Exhibits A -I and A -2 attached to this Initiative, which is incorporated by reference. Exhibit B attached to this Initiative is the Dublin General Plan Land Use Map on the Filing Date, Exhibit C is from the County's General Plan Land Use Map, and shows the County land use designations for the Eastern Study Area as of the Filing Date. Exhibits B and C are included for comparison purposes and are not enacted by this Initiative. - Let Dublin Decide Initiative Page 3 - B. Eastern Study Area in Chapter 2. The following text is added to Chapter 2 (Land Use and Circulation: Land Use Element) of the General Plan, at the end of the chapter: 2.7. Eastern Study Area. This section 2.7 was enacted by the 2014 Let Dublin Decide Initiative. The Eastern Study Area is an area comprised of approximately 1,650 acres located immediately east of the Eastern Extended Planning Area. It is generally depicted in the land use map (Figure 1 -1, which conforms to Exhibit A -1 of the 2014 Let Dublin Decide Initiative). The Eastern Study Area lies inside the Eastern Urban Limit Line established by the 2014 initiative. The Eastern Study Area comprises a "Planning Area" in the General Plan, separate from the Primary, Western Extended and Eastern Extended Planning Areas. A. Guiding Policy for the Eastern Study Area. Take all steps necessary to ensure that the Eastern Study Area is brought under the control of the City of Dublin, so that Dublin will decide what, if anything, should happen in this area. It is the policy of Dublin that the Council should apply to LAFCO and obtain an amendment of Dublin's Sphere of Influence to include the Eastern Study Area, and pursue annexation of that area, as soon as practicable in compliance with the 2014 Let Dublin Decide Initiative. B. Eastern Urban Limit Line. To facilitate Dublin's plan to obtain control over the Eastern Study Area, to encourage LAFCO to approve an application to amend Dublin's Sphere of Influence to include the Eastern Study Area, and to ensure that urban services cannot be provided by Dublin outside the Eastern Study Area without a vote of the people of Dublin, an Eastern Urban Limit Line is established around the Easter Study Area, The Eastern Urban Limit Line is shown on the General Plan Land Use Map (Figure 1 -1). The City shall 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 Eastern Urban Limit Line. The location of the Eastern Urban Limit Line may be changed only by a vote of the people of Dublin. - Let Dublin Decide Initiative Page 4 - C. Land Use Designations for the Eastern Study Area. Land within the Eastern Study Area is designated Resource Management and Large Parcel Agriculture, as shown on the Land Use Map (Figure 1 -1). These land use designations mimic the land use designations adopted by the voters of the County for this area, and are intended to maintain the land uses that were permitted in the Eastern Study Area when the 2014 Let Dublin Decide Initiative became effective, Accordingly, they apply to legal parcels, meaning any parcels created after annexation that meet the minimum parcel size requirements as well as all parcels recognized as legal parcels by the County prior to annexation. These land use designations shall remain in place unless and until such time as the City Council adopts an Eastern Study Area Comprehensive Plan consistent with the 2014 Let Dublin Decide Initiative. Resource Management, This designation requires a minimum parcel size of 100 acres and a maximum building intensity for non- residential uses of .01 FAR (Floor Area Ratio) but not less than 20,000 square feet per legal parcel. One single family home per legal parcel is allowed provided that adequate road access, sewer and water facilities, and public services are provided. Residential and residential accessory buildings shall have a maximum floor space of 12,000 square feet. The population density for Resource Management is 2.7 persons per residential unit. Apart from Infrastructure Expressly Allowed In Resource Management and Large Parcel Agriculture (see below), all buildings shall be located on a contiguous development envelope not to exceed 2 acres, except they may be located outside the envelope if necessary for security reasons or, if structures for agricultural use, necessary for agricultural use. All development must comply with the Goals, Guiding Policies, Policies, Implementing Policies and Implementation Measures that apply throughout all three other Planning Areas (the Primary and Extended Planning Areas), as those policies exist at the time such development is approved. Subject to the provisions of the 2014 Let Dublin Decide Initiative, this designation permits agricultural uses, recreational uses, habitat protection, watershed management, public and quasi - public uses, areas typically unsuitable for human occupation due to public health and safety hazards such as earthquake faults, floodways, unstable soils, or areas containing wildlife habitat and other environmentally sensitive features, secondary residential units, active sand and gravel and other quarries, reclaimed quarry lakes, and similar and compatible uses. Sand and gravel quarries allow a range of uses including sand and gravel processing, associated manufacturing and recycling uses requiring proximity to quarries, reclamation pits, and public use areas. This designation is intended - Let Dublin Decide Initiative Page 5 - mainly for land designated for long -term preservation as open space but may include low intensity agriculture, grazing, and very low density residential use. Development that would interfere with the ability to adopt an effective Eastern Study Area Comprehensive Plan that complies with the 2014 Let Dublin Decide Initiative is not allowed. Large Parcel Agriculture. This designation requires a minimum parcel size of 100 acres. The maximum building intensity for non- residential buildings shall be .01 FAR but not less than 20,000 square feet per legal parcel. Where permitted, greenhouses shall have a maximum intensity of .025 FAR. One single family home per parcel is allowed provided that adequate road access, sewer and water facilities, and public services are provided. Residential and residential accessory buildings shall have a maximum floor space of 12,000 square feet. Additional residential units may be allowed if they are occupied by faun employees required to reside on -site. All development must comply with the Goals, Guiding Policies, Policies, Implementing Policies and Implementation Measures that apply throughout all three other Planning Areas (the Primary and Extended Planning Areas), as those policies exist at the time such development is approved. The population density for Large Parcel Agriculture is 2.7 persons per residential unit. Apart from Infrastructure Expressly Allowed In Resource Management and Large Parcel Agriculture (see below), all buildings shall be located on a contiguous development envelope not to exceed 2 acres except they may be located outside the envelope if necessary for security reasons or, if structures for agricultural use, necessary for agricultural use. Subject to the provisions of the 2014 Let Dublin Decide Initiative, this designation permits agricultural uses, agricultural processing facilities (for example wineries, olive presses), limited agricultural support service uses (for example animal feed facilities, silos, stables, and feed stores), secondary residential units, visitor - serving commercial facilities ( by way of illustration, tasting rooms, fruit stands, bed and breakfast inns), recreational uses, public and quasi - public uses, solid waste landfills and related waste management facilities, quarries, windfarms and related facilities, utility corridors, and similar uses compatible with agriculture. Development that would interfere with the ability to adopt an effective Eastern Study Area Comprehensive Plan that complies with the 2014 Let Dublin Decide Initiative is not allowed. Infrastructure Expressly Allowed In Resource Management and Large Parcel Agriculture. On lands designated either Resource Management or Large Parcel Agriculture, the City shall - Let Dublin Decide Initiative Page 6 - neither provide nor authorize public facilities or other infiastructure in excess of that needed for permissible development consistent with the 2014 Let Dublin Decide Initiative. This policy shall not bar 1) new, expanded or replacement infrastructure necessary to create adequate service for areas other than the Eastern Study Area, 2) maintenance, repair or improvements of public facilities which do not increase capacity, and 3) infrastructure such as pipelines, canals, and power transmission lines which have no excessive growth- inducing effect on the Eastern Study Area and have permit conditions to ensure that no service can be provided beyond that consistent with development allowed by the 2014 Let Dublin Decide Initiative. "Infrastructure" for purposes of this paragraph shall include public facilities, community facilities, and all structures and development necessary to the provision of public services and utilities. D. Land Use Designations May Be Changed Only If An Eastern Study Area Comprehensive Plan Is Adopted. The Council shall not amend any land use designation for any property in the Eastern Study Area to a designation that would allow a greater intensity of development unless an Eastern Study Area Comprehensive Plan has been adopted for land uses for the entire Eastern Study Area, and the proposed amendment is consistent with that Eastern Study Area Comprehensive Plan. The Eastern Study Area Comprehensive Plan must comply with and include the following policies, which can be amended only by a vote of the people of Dublin: 1. Sixty percent (60 %) of the land in the Eastern Study Area shall be permanently protected such that it will remain in open space or agricultural uses. Acceptable open space may include but is not necessarily limited to parks or trails, either public or private, or private property that is subject to a recorded conservation easement limiting use of the property to open space, agriculture, grazing, wetland or habitat preservation or enhancement, or other similar uses. 2. Protect ridgelines in the Eastern Study Area by precluding development on lands over 770 feet in elevation above the mean sea level. As is the case with the Development Elevation Cap for the Eastern Extended Planning Area, this Eastern Study Area Development Elevation Cap requires that on lands above 770 feet, residential, commercial and industrial uses are not allowed; and only public, semi- public, or open space uses; reservoirs, water lines, grading, and infrastructure and construction activities necessary for - Let Dublin Decide Initiative Page 7 - development on lands located at or below 770 feet in elevation are allowed. Protect views of existing Dublin residents by requiring that no future residential structures, if any, in the Eastern Study Area shall be visible from a residence in the City of Dublin that existed on the date the 2014 Let Dublin Decide Initiative took effect. 4. Protect local wetlands, streams and wildlife habitats in the Easter Study Area, including Cottonwood Creek and other seasonal wetlands, in conformance with local, state and federal laws. 5. Any future development within the Eastern Study Area shall pay for its own infrastructure and public services (including police, fire, schools and roads), so that the burdens imposed by development in the Eastern Study Area are not borne by residents in other areas of the City. 6. Multi -use trails shall be included in the Eastern Study Area. These trails shall be provided by dedication of land and construction of improvements, or by the funding of acquisition and construction costs. The trails shall provide for connection points to the East Bay Regional Park District lands located north of the Eastern Study Area. E. Citizen Oversight Committee. Following receipt of any application to change a land use designation on any property within the Eastem Study Area to a designation that would allow more development than is allowed under the existing designation, the City Council shall appoint a fifteen (15)- member Citizen Oversight Committee, as follows: 1. Each member of the Council shall appoint one resident of Dublin, for a total of five (5) members. In addition, the City Council shall appoint three (3) representatives of landowners in the Eastern Study Area, two (2) representatives of local environmental groups, two (2) representatives of the Dublin Unified School District, two (2) representatives of business interests and one (1) "at large" representative. 2. Concurrent with the appointment of the Citizen Oversight Committee, the City Council shall adopt guidelines and polices that shall establish how the committee will participate in the processing of any proposal to adopt an - Let Dublin Decide Initiative Page 8 - Easter Study Area Comprehensive Plan or change any land use designation in the Eastern Study Area to a designation that would allow more development. The guidelines and policies shall address all of the following: a. The addition or substitution of members. b. Term of membership. c. Methods of communication. d. Access to and distribution of application materials presented to the City. e. Meetings among committee members, with City staff, and with members or subcommittee of the Council. f. Presentation of committee discussions, conclusions or consensus items to City decision makers. g. The mechanism by which the City Council must respond to committee conclusions, comments and concerns prior to making any decision on an Eastern Study Area Comprehensive Plan or land use designation amendment, C. Western Urban Limit Line. City Council Resolution 209 -00, adopted by initiative on November 7, 2000 as "Measure M ", created the Western Urban Limit Line. That initiative and the Western Urban Limit Line are amended to make the Urban Limit Line permanent so that it can be changed only by a vote of the people of Dublin. 1. Amendments To Measure M Measure M is amended. The following underlined text is added by this Initiative. The stricken text is deleted. The plain text is included for comparison and context, and is not adopted by this Initiative. Section 2.B.2 of Measure M is amended as follows.: 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 - Let Dublin Decide Initiative Page 9 - Limit Line is located along the city limits line as of the 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 until changed by the voters, ; the location of the Urban Limit Line may be changed only by a vote of the people of Dublin during the °rte etiye peri ^', and only following review and approval of a General Plan Amendment by the City Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land use designation to an urban designation. " - Section 2.B.3 of Measure M is amended as follows: 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 r r a period of 30 yea r the fro t d t F u t auz?rirF�cricccivv�acc °�rzcc��vi'u'rivi� , adopted ' initiative and may be changed only a vote of the people of Dublin. 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." Measure M as amended by this Initiative may be further amended only by a vote of the people. 2. Amendments to the General Plan To Reflect A Permanent Western Urban Limit Line. The following text amendments are made to the following Sections of the General Plan. The following underlined text is added by this Initiative. The stricken text is deleted. The plain text is included for comparison and context, and is not adopted by this Initiative. The last paragraph of Section 1.4.2 is amended as follows: An Urban Limit Line was adopted by initiative on November 7, 2000 for a portion of the Western Extended Planning Area, and that Urban Limit Line was made permanent by the 2014 Let - Let Dublin Decide Initiative Page 10 - Dublin Decide Initiative. The Urban Limit Line is coterminous with the City limit line as of the effective date of the 2000 Initiative. Pursuant to the 2000 Initiative, lands west of the Urban Limit Line are required to be designated as Rural Residential /Agriculture on the General Plan Land Use Map (Figure 1 -1) for n period of 30 years s fi-em the off etiye date of initiative Resolution ''Inn nn The intent of the Urban Limit Line is to protect the natural resources of the western hills by guiding development to areas of Dublin that are less constrained and where urban services can be provided in a more efficient and cost effective manner. 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. The location of the Urban Limit Line may only be changed by a vote of the people of Dublin during the a ffeetive pe , and only following review and approval of a General Plan Amendment by the City Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land use designation to an urban designation The last paragraph of Section 1.8.1.73 is amended as follows: Urban Limit Line. An Urban Limit Line was adopted by initiative on November 7, 2000 for the Western Extended Planning Area. The Urban Limit Line is located along the City limit line as of the effective date of this initiative. Pursuant to the initiative, lands west of the Urban Limit Line are designated as Rural Residential /Agriculture on the General Plan Land Use Map (Figure 1 -1). The Initiative, as on ig nally enacted, was 4s effective for thirty (30) years from its effective date. The 2014 Let Dublin Decide Initiative deleted the provisions that made the 2000 Initiative effective for only 30 years and made the Western Urban Limit Line permanent. The location of the Urban Limit Line may be changed only by a vote of the people of Dublin dur -inn the °r€ e ive per -i , and only following review and approval of a General Plan Amendment by the City Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land use designation to an urban designation. The last paragraph of Section 2.1 is amended as follows: The majority of the Primary Planning Area has been developed since the 1960's; therefore, the Land Use Element focuses on the remaining uncommitted sites and on the potential for more intensive use of existing sites. Land use changes in the Eastern Extended Planning Area have been more dramatic with the - Let Dublin Decide Initiative Page 11 - implementation of the Eastern Dublin Specific Plan. With the exception of Schaefer Ranch, development in the Western Extended Planning Area was initially is restricted until 2030 pursuant to initiative Resolution 209 -00 adopted on November 7, 2000. The 2000 Initiative established a Western Urban Limit Line, and the 2014 Let Dublin Decide Initiative made that Urban Limit Line permanent so that it can be changed only by a vote of the people of Dublin. The first paragraph of Section 2.4 is amended as follows: 2.4 WESTERN EXTENDED PLANNING AREA The Western Extended Planning Area is over 3,000 acres (see Table 2.3 below) of which approximately 2,647 acres lie west of the Urban Limit Line and have been designated Rural Residential/Agriculture date of C t y Catmoil nan„ t „tio 209 nn adopted by initiative o November 7, 20 . The intent of the Urban Limit Line is to protect the natural resources of the western hills and guide development to areas of Dublin that are less constrained and where urban services can be provided in a more efficient and cost - effective manner. The Western Urban Limit Line was made permanent by the 2014 Let Dublin Decide Initiative, and can be changed only by a vote of the people of Dublin. 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. Guiding Policy A.I.a. in Section 2.5.5, Western Extended Planning Area, is amended as follows: a. An Urban Limit Line was adopted by initiative on November 7, 2000 for the majority of the Western Extended Planning Area. The Urban Limit Line is located along the City limit line as of the effective date of the initiative. Pursuant to the initiative, lands west of the Urban Limit Line are designated as Rural Residential/Agriculture on the General Plan Land Use Map (Figure 1 -1). The Initiative as originally enacted, was is effective for thirty (30) years from its effective date. The 2014 Let Dublin Decide Initiative amended the General Plan to make the Western Urban Limit Line permanent. The location of the Urban Limit Line may be changed only by a vote of the people of Dublin-dw4*g the off „tive period, and only following review and approval of a General Plan Amendment by the City Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land use designation to an urban designation. - Let Dublin Decide Initiative Page 12 - VI. CONFORMING GENERAL PLAN AMENDMENTS The following amendments to the General Plan are made by this Initiative to ensure the General Plan remains internally consistent and correlated. Underlined text is added and strikethrough text is deleted. Plain text is included for comparison and context. The amendments added by this Section VI of the 2014 Let Dublin Decide Initiative may be amended or deleted by the Council pursuant to usual procedures without a vote of the people of Dublin, so long as doing so effects no substantive change to or conflicts with any provisions in any other Section of this Initiative. Section numbers references within these conforming amendments are to sections of the General Plan. Conforming Amendment #I. The second paragraph of Section 1.1 is amended as follows: The text and plan maps adopted by the City Council in this General Plan constitute a guide for the day to day physical development decisions that shape the social, economic, and environmental character of the City and its dv� planning areas. In accordance with Government Code Section 65300, the General Plan includes policies for the Planning Area, including the City limits proper and those areas outside the City limits that bear relation to Dublin's planning. Consequently, the Dublin Planning Area includes the Primary Planning Area, and two Extended Planning Areas; (the Eastern Extended Planning Area and the Western Extended Planning Area), and the Eastern Study Area. The City and its Extended Planning Areas cover approximately 18.76 square miles of which 14.62 square miles are located within the City limits. The remaining 4.14+ square miles is located within the Western Extended Planning Area beyond an Urban Limit Line. I_n addition, the Eastern Study Area covers approximately acres or approximately 2.6 square miles. Conforming Amendment #2. Section 1.4 is amended as follows: 1.4 PRIMARY AND E TT?A DED DUBLIN'S FOUR PLANNING AREAS The General Plan includes policies for all four three of the City's Planning Areas: the Primary Planning Area, Eastern Extended Planning Area an4-Western Extended Planning Area and the Eastern Study Area. The Primary Planning Area consists of the original 1982 City boundaries and those annexations occurring to the west between 1985 and 1991 and is roughly 3,100 acres. The Eastern Extended Planning Area is located east of the Primary Planning Area while the Western Extended Planning Area is located west of the Primary Planning Area. The Eastern and - Let Dublin Decide Initiative Page 13 - Western Extended Planning Areas are coterminous with the City's Sphere of Influence and are described in further detail below. The Eastern Study Area was created by the 2014 Let Dublin Decide Initiative which also established a policy that the Council should apply to LAFCO and obtain an amendment of Dublin's Sphere of Influence to include the Eastern Study Area, and pursue annexation of that area. The Eastern Study Area lies cast of the Eastern Extended Planning Area and inside the Eastern Urban Limit Line established by that initiative. For more detailed information about the Eastern Study Area and policies applicable to that area, see Section 2.7. Conforming Amendment #3. A new Section 1.4.3 is added immediately following Section 1.4.2, as follows: 1.4.3 EASTERN STUDY AREA, The Eastern Study Area was added by the 2014 Let Dublin Decide Initiative, and is subject to the policies set forth in Section 2.7. Conforming Amendment #4. Section 1.8.1.2 is amended as follows: 1.8.1.2 POPULATION DENSITY MEASUREMENTS Assumed residential household size in all three four Planning Areas is based on Dublin's average household size of 2.7 persons per unit as reported in the 2010 US Census data. Conforming Amendment #5. A new Section 1.8.1.7A is added, immediately following Section 1.8.1.7, as follows: 1.8.1.7A. EASTERN STUDY A For the land use classifications applicable in the Eastern Study Area, see Section 2.7 below. Conforming Amendment #6. Section 2.1 is amended as follows: 2.1 INTRODUCTION Government Code sec. 65302(a) identifies the required content for land use elements. A land use element must 1) designate the proposed distribution of specified uses and facilities; 2) identify population density and building intensity standards for each land use district; 3) identify areas subject to flooding and review those areas annually; 4) create a timber production land use category where appropriate; and, 5) consider the impact of new growth on - Let Dublin Decide Initiative Page 14 - military readiness activities carried out on military bases, installations, and operating and training areas. Each of these required features is included in Dublin's adopted General Plan, although not all are present in the Land Use Element. Dublin's General Plan Map for all the Primary Extend Planning Areas, Figure 1 -1, summarizes the proposed distribution of residential, commercial, industrial, and open space uses. The map also shows existing schools and other public buildings and grounds. Policies further defining the location and intensity of residential, commercial, and industrial uses appear in this Land Use Element. Policies relating to open space and parks appear in the Parks and Open Space Element (Chapter 3); policies relating to schools, and solid and liquid waste disposal facilities appear in the Schools, Public Lands and Utilities Element (Chapter 4). Background information supporting the adopted policies is located in the corresponding Land Use, Open Space, and Schools, Public Lands and Utilities sections of the Technical Supplement. Population density and building intensity standards are presented in sec. 1.8.1 Land Use Classifications of Chapter 1, and in sec. 2.7 pertaining to the Eastern Stud. Areas subject to flooding and appropriate land use policies are presented in the Seismic Safety and Safety Element (Chapter 8). Dublin's General Plan contains no timber production land use category because no timberland as described in Government Code sec. 65302(a)(1) occurs anywhere in the City's planning area. Policies related to military readiness activities at the Parks Reserve Forces Training Area can be found in the Schools, Public Lands and Utilities Element (Chapter 4). The majority of the Primary Planning Area has been developed since the 1960's; therefore, the Land Use Element focuses on the remaining uncommitted sites and on the potential for more intensive use of existing sites. Land use changes in the Eastern Extended Planning Area have been more dramatic with the implementation of the Eastern Dublin Specific Plan. With the exception of Schaefer Ranch, development in the Western Extended Planning Area is restricted until 2030 pursuant to initiative Resolution 209 -00 adopted on November 7, 2000. The Eastern Study Area is subject to the policies described in sec. 2.7. Conforming Amendment V. A new Section 3.5 is added at the end of Chapter 3 (Land Use and Circulation: Parks and Open Space ) of the General Plan: 3.5 EASTERN STUDY AREA - Let Dublin Decide Initiative Page 15 - The Eastern Study Area was added to the City's General Plan by the 2014 Let Dublin Decide Initiative. The Resource Management and Large Parcel Agriculture land use designations which were adopted by the 2014 Let Dublin Decide Initiative, seek to preserve existing uses and will result in preservation of existing areas of open s ace in the condition they. were in as of the effective date of that initiative. These designations cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is formulated for the area. If an Eastern Study Area Comprehensive Plan were being considered, the subjects of parks and permanent open space would be addressed in the context of the Plan being proposed, and olicies specific to the Eastern Study Area would be considered at that time. (See Section Conforming Amendment #8. A new Section 4.8 is added at the end of Chapter 4 (Land Use and Circulation: Schools, Public Lands, and Utilities Elements), as follows: 4.8 EASTERN STUDY AREA The Eastern Study Area was added to the City's General Plan by the 2014 Let Dublin Decide Initiative. The Resource Management and Large Parcel Agriculture land use designations that apply in this Planning Area, which were adopted by the 2014 Let Dublin Decide Initiative, seek to preserve existing uses. Accordingly, the Eastern Study Area is not expected to generate substantial needs or have substantial impacts related to public schools, public lands, solid waste, sewage treatment and disposal, water supply, or the Alameda County Hazardous Waste Management Plan. Similarly, the Eastern Study Area is not expected to have anyqppreciable effect on military readiness._ The Resource Management and Large Parcel Agriculture land use designations cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is adopted for the area. If an Eastern Study Area Comprehensive Plan were being considered, the subjects of public schools, public lands, solid waste, sewage treatment and disposal, water supply, the Alameda County Hazardous Waste Management Plan and effect on militar readiness would be addressed in the context of the Plan being proposed, and .policies specific to the Eastern Study Area would be considered at that time. (See Section 2.7) Conforming Amendment ##9. A new paragraph is added at the end of section 5.1 as follows; The Eastern Study Area, which lies outside City limits as of the effective date of the 2014 Let Dublin Decide Initiative that added - Let Dublin Decide Initiative Page 16 - the Eastern Study Area to the General Plan, is served primarily bX the proposed extension of Dublin Boulevard from Fallon Road to Airway Boulevard, (See Table 5.1 below). Streets in the Eastern Study Area are shown on the Circulation Map as amended by the 2014 Let Dublin Decide Initiative. The Resource Management and Large Parcel Agriculture land use designations that apply in this Planning Area, which were adopted by the 2014 Let Dublin Decide Initiative seek to preserve existing uses. Accordin 1 the Eastern Study Area is not expected to impose substantial needs or have substantial impacts related to circulation. The Resource Management and Large Parcel Agriculture land use designations cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is adopted for the area. If an Eastern Study Area Comprehensive Plan were being considered, circulation issues would be addressed in the context of the Plan being_ proposed, and policies specific to the Eastern Study Area would be considered at that time. (See Section 2.7) Conforming Amendment #10. The third and fourth paragraphs of Section 7.1 are amended as follows: Those statutorily required resources that do not occur in the Primary ^" E to.-n- -°d- Planning Areas of Dublin are not discussed. Specifically, Dublin is an inland city which contains no forests, harbors, fisheries or mineral extraction areas. Air quality and wastewater disposal have been the Tri- Valley's most difficult conservation issues affecting urban growth, even with construction of the Livermore Amador Valley Wastewater Management Association (LAVWMA) pipeline, and significantly improved air quality. The extent of development in eastern the Eastern Extended Plannin Area of Dublin has drawn greater attention to other conservation issues -- conversion of agricultural land to urban uses; loss of open space; hazards posed by development in steep and landslide prone areas; increased runoff; and, erosion and stream siltation. Additionally, the prospect of renewed or intensified air quality and sewage disposal problems accompanies plans approved or under consideration that would result in up to 200,000 jobs in the Tri- Valley. Conforming Amendment #11. Section 7.1.2 is amended as follows: 7.1,2 EASTERN HILLS The eastern hills are not as valuable as the western hills for habitat resources. Productive agricultural soils are likewise limited; the Eastern Extended Planning Area and the Eastern Study Area do - Let Dublin Decide Initiative Page 17 - does not include prime agricultural land or farmlands of Statewide importance. At best, the forage produced in the Planning Area is of some local importance. Throughout the northern, central, and eastern portions of the Eastern Extended Planning Area, much of the land had been under Williamson Act contracts that prohibit development for a minimum of ten years while providing tax advantages to landowners. In recent years, a number of landowners have not renewed their contracts, and the lands are no longer in Williamson Act contracts. Conforming Amendment #12. The first paragraph of Section 7.2 is amended as follows: 7.2 STREAM CORRIDORS AND RIPARIAN VEGETATION Dublin's Primary and Eastern Extended Planning Areas, and the Eastern Study Area are located within Livermore Drainage Unit which is one of two major drainage basins in the Alameda Creek Watershed. Of the many streams in the Livermore Drainage Unit, two flow through Dublin's Primary and Eastern Extended Planning Areas — Alamo Creek and Tassajara Creek, respectively. Alamo Creek runs in a north -south direction just west of Dougherty Road; Tassajara Creek also runs in a north -south direction and is located just west of Tassajara Road. Portions of these creeks have been channelized and remaining sections are being improved as a result of subdivision developments. Cottonwood Creek flows through the Easter Study Area, and is protected by the 2014 Let Dublin Decide Initiative. (See Section 2.7) Conforming Amendment #13. A new Section 7.9 is added at the end of Chapter 7 (Environmental Resources Management: Conservation Element), as follows: 7.9 EASTERN STUDY AREA The Eastern Study Area was added to the City's General Plan by the 2014 Let Dublin Decide Initiative. The Resource Management and Large Parcel Agriculture land use designations that apply in this Planning Area, which were adopted by the 2014 Let Dublin Decide Initiative, seek to preserve existing uses and will result in preservation of existing areas of open space and agricultural uses in the condition the were in as of the effective date of that initiative. The Resource Management and Large Parcel Agriculture.. land use designations are respectful of environmental resources and they cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is adopted for the area. If an Eastern Study Area Comprehensive Plan were being - Let Dublin Decide Initiative Page 18 - considered, the subjects of stream corridors and riparian vegetation, erosion and siltation control, oak woodlands, oak woodlands, air quality, agricultural lands, archeologic and historic resources, and open space maintenance /management would be addressed as applicable in the context of the Plan being proposed, and policies for the Eastern Studv Area would be considered at that time. (See Section 2.7) Conforming Amendment #14. Section 8.1 is amended as follows: Few potential building sites within the U,-;,.,ary or Ex4en „a Planning Areas are without geologic impact or hazard. The hazard may be actual, such as an active landslide or proximity to an active fault, or potential, such as a proposed cut that might activate a landslide. Mitigation of hazards may increase construction cost, but will reduce long -term costs to both property owners and the City. Conforming Amendment #15. A new Section 8.4 is added at the end of Chapter 8 (Environmental Resources Management; Seismic Safety and Safety Element) as follows: 8.4 EASTERN STUDY AREA The Eastern Study Area was added to the City's General Plan by the 2014 Let Dublin Decide Initiative. The Resource Mana ement and Large Parcel Agriculture land use designations that apply in this Planning Area, which were adopted by the 2014 Let Dublin Decide Initiative, seek to preserve existing uses. That Initiative amended General Plan Diagrams to map seismic and geologic hazard areas, and flood areas. Evacuation routes for this Planning Area are along the existing roadway system, depicted in the Circulation Map as amended by the 2014 Let Dublin Decide Initiative. The Resource Management and Large Parcel Agriculture land use designations restrict development and they cannot be amended to allow more development unless and until an Eastern Stud Comprehensive Plan is adopted for the area. If an Eastern Study Area Comprehensive Plan were being considered, the risk of ground shaking, rupture, and failure due to earthquakes, landslide, subsidence and liquefaction hazards, flooding, and urban and wildland fires would be addressed as applicable in the context of the Plan being proposed, and policies for the Eastern Study Area would be considered at that time. (See Section 2.7) Conforming Amendment #16. Section 9.1 is amended as follows; 9.1 INTRODUCTION - Let Dublin Decide Initiative Page 19 - Government Code sec. 65302(f) outlines the statutory requirements for Noise Elements. Recognizing the State Office of Noise Control (ONC) guidelines, Noise Elements must quantify current and projected noise levels for local noise sources. Among the noise sources to be evaluated are highways and freeways, arterials and major streets, railroads and rapid transit systems, airports and heliports, industrial plants, and other ground stationary sources identified by local agencies as contributing to the community noise environment. Traffic noise is the major source of noise in Dublin's thme Planning Areas. Therefore, the focus of this Noise Element is the effect of traffic noise on locating categories of land use and developing projects within those categories. Information supporting the adopted noise policies is located in the corresponding Noise Element section of the Technical Supplement, and the Eastern Study Area is projected to experience the same level of noise along the freeways and major roadways as is described and projected within the Eastern Extended Planning Area. The City's Planning Areas contain no railroads, airports, heliports or industrial plants. However, the Parks Reserve Forces Training Area (Parks RFTA) does contain a heliport and is located between Dublin's Primary and Eastern Extended Planning Areas. Noise impacts from the Parks RFTA were addressed in the Army's 2005 Environmental Noise Management Plan (ENMP). Additionally, the southern portions of the Eastern Extended Planning Area east of Tassajara Road fall within the Livermore Municipal Airports Airport Influence Area (AIA). Noise impacts from the Livermore Municipal Airport were addressed in Alameda County's 2012 Airport Land Use Compatibility Plan (ALUCP). Development within the AIA must be consistent with the ALUM Traffic is the primary source of continuous noise in Dublin. Noise exposure contours have been plotted for 2011 (based on current traffic data) and projected to 2035 based on anticipated traffic volume increases (see Figures 9 -1 and 9 -2). The Community Noise Equivalent Level (CNEL) describes 24 -hour average noise levels measured in decibels (dB) taking into account the increased sensitivity of people to noise during evening and nighttime hours. Sound levels between 7:00 p.m. and 10:00 p.m. are penalized 5 dB and those between 10:00 p.m. and 7:00 a.m, are penalized 10 dB. The dB scale is logarithmic; a 3 dB difference normally is discernable and a 10 dB increase is subjectively heard as a doubling in loudness. The Land Use Compatibility Table (Table 9.1) provides the basis for decisions on the location of land uses in relation to noise - Let Dublin Decide Initiative Page 20 - sources, and for determining noise mitigation needs. Noise impacts resulting fiom development within the Eastern Extended Planning Area were addressed in the Eastern Dublin Specific Plan Environmental Impact Report and subsequent environmental analyses for projects within the Eastern Extended Planning Area. The Resource Management and Large Parcel Agriculture.jand use designations that apply in the Eastern Study Area, which were adopted by the 2014 Let Dublin Decide Initiative, seek to preserve existing uses and thus are not expected to alter noise. Existing and projected noise contours in the Eastern Extended Planning Area are extended into the Eastern Study Area. The Resource Management and Large Parcel Agriculture designations cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is adopted for the area. If an Eastern Study Area Comprehensive Plan were being considered, noise issues would be addressed as applicable in the context of the Plan being proposed, and policies for the Eastern Stud would be considered at that time. (See Section 2,7). Conforming Amendment ##17. Appendix A (General Plan Amendments) is amended as follows, An additional row is added. In the "Amendment" column of that new row, "2014 Let Dublin Decide Initiative" is added, In the "Approval" column of that new row, "Initiative" is added. In the "Dated Adopted" column of that new row, "11 -4 -14" (or such other date as this Initiative is adopted) is added. In the "GP Updated" column "TBD" is added. Conforming Amendment #18. The second paragraph under the heading "Agricultural Workers" on page Appendix C -16 of the City of Dublin 2009 -2014 Housing Element is amended as follows: Dublin is an urbanized community with no undeveloped parcels zoned for agricultural use, though land in the Eastern Stud Area is designated in the General Plan for agricultural uses. The agricultural land use designation is intended to maintain existin uses and is not expected to expand agricultural uses. Because a negligible portion of community residents are employed in farming, fishing, and forestry occupations and there is little potential for this occupational category to expand within Dublin, no housing programs or policies are needed to address the needs of farm- workers. Conforming Amendment #19. The text immediately following the heading `B. Governmental Constraints" on page Appendix C -32 of the City of Dublin 2009 -2014 Housing Element is amended as follows: B. Governmental Constraints - Let Dublin Decide Initiative Page 21 - City ordinances, policies, and other regulations can impact the price and availability of housing in Dublin. Land use controls, site improvement requirements, building codes, fees, and other local programs to improve the overall quality of housing may serve as constraints to housing development. The following public policies can affect overall housing availability, adequacy, and affordability. Land Use Controls The Dublin General Plan, Eastern Dublin Specific Plan, Downtown Core Specific Plan, Village Parkway Specific Plan, and West Dublin BART Specific Plan establish land use designations for twee four areas of the City: • Primary Planning Area; • Eastern Extended Planning Area; and • Western Extended Planning Area; and • Eastern Study Area. Conforming Amendment #20. A new section is added on page Appendix C -34 of the City of Dublin 2009 -2014 Housing Element, after the section entitled "Western Extended Planning Area and immediately before the section entitled "Livermore Airport Protection Area (APA)," as follows: Eastern Study Area The Eastern Study Area was added to the City's General Plan by the 2014 Let Dublin Decide Initiative. That initiative also established a Eastern Urban Limit Line around the eastern edge of the Easter Study Area, which can be changed only by a vote of the people of Dublin. The Resource Management and Large Parcel Agdculturc land use designations.. that apply in this Plannin Area, which were adopted by that initiative, seek to preserve existing uses and will result in preservation of existing areas of open s ace and agdeultural uses in the condition the were in as of the effective date of that initiative. These land use designations are not residential designations and they restrict development. Accordingly, no sites in the Eastern Study Area are considered to be sites with residential development potential in Figure C -7. Also, because these land use designations maintain the status quo, they are not projected to affect substantially the need for housing. Accordingly, the addition of the Eastern Study Area to the General Plan is not intended to and does not affect the adequacy of this Housing Element for all other areas encompassed within the - Let Dublin Decide Initiative Page 22 - General Plan, or its conclusions regarding housing needs and the City's ability to meet housing needs. eeds. The Resource Management and Lame Parcel Agriculture land use designations cannot be amended to allow more development unless and until an Eastern Study Area Comprehensive Plan is ado ted for the area. If an Eastern Study Area Comprehensive Plan were being considered, the subject of housing needs would be addressed as a licable in the context of the Plan bein ro osed and policies for the Eastern Study Area would be considered at that time. (See Section 2.7 of the General Plan) However, since the Eastern Stud Area is no.t..presently designated with a residential land use category, the possibility of adopting an Eastern Study Area Comprehensive Plan is not a present, actual constraint on housing. Conforming Amendment #21. The text immediately following the heading "Biological Resources" on page Appendix C -57 of the City of Dublin 2009 -2014 Housing Element is amended as follows: Biological Resources The Primary Planning Area is in the Livermore drainage unit of the Alameda Creek watershed. Of the many streams in this drainage area, one flows through the City -- Alamo Creek. The creek runs along the eastern side of Dublin near Dougherty Road. A major portion of the creek is channelized, and remaining sections have mostly been improved as a result of subdivision developments. The Extended Planning Area lies within other watersheds. Several significant streams traverse the Extended Planning Area and the Eastern Study Area — Hollis Canyon and Martin Canyon Creeks in the western hills and Tassajara and Cottonwood Creeks in eastern Dublin. Extensive areas of riparian vegetation are located along stream courses in the Western Extended Planning Area. This riparian woodland has importance to wildlife in the area. Considerable damage to riparian areas has resulted from intensive animal grazing. New development is required to provide open stream corridors of adequate width to protect riparian vegetation. Where construction requires creekbank alteration, revegetation with native riparian vegetation is required. Special consideration is given to the protection or enhancement of riparian woodland areas of the Western Extended Planning Area biological resources due to the unique habitat value of these biological resources. - Let Dublin Decide Initiative Page 23 - VII. INCONSISTENCY WITH OTHER BALLOT MEASURES This measure is intended to be comprehensive. It is the intent of the people that in the event this measure or measures relating to the same subject shall appear on the same election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and all provisions of the other measure or measures shall be null and void. Conflicting measures include the Dublin Open Space Initiative Of 2014 and any measure that addresses land use in and near Dublin. Any measure that restricts, supplements or affects, in whole or in part, General Plan policies, goals, action items, provisions or language relating to all or any portion of the Eastern Study Area, whether such reference or initiative measure does so by specific application to the Eastern Study Area or as a more general enactment that could otherwise be applied in a manner that would affect the Eastern Study Area, is a conflicting measure. VIII. EXEMPTIONS This Initiative shall not apply to any of the following: (1) any land that, under state or federal law, is beyond the power of the local voters; and (2) any property that, as of the Effective Date, has vested rights that preclude application of this Initiative. IX. IMPLEMENTATION OF THIS INITIATIVE Upon the Effective Date of this Initiative, City staff is directed to take promptly such administrative and clerical steps as may be required to implement this Initiative, including, without limitation, revising any General Plan figures to reflect the provisions adopted by this Initiative. This Initiative is intended to ensure that the General Plan remains an integrated, internally consistent, and compatible statement of policies for the City as required by state law, and to ensure that the actions of the voters or the City Council in enacting this Initiative are given effect. Accordingly, to the extent permitted by law, any provision of the General Plan that is adopted between the Filing Date and the Effective Date of this Initiative shall, to the extent that such interim- enacted provision is inconsistent with the General Plan Amendment enacted by this Initiative, be deemed void and unenforceable, and shall be amended as soon as possible and in the manner and time required by state law to ensure consistency between the provisions adopted by this Initiative and other elements of the General Plan. To the extent permitted by law, the voters of the City authorize and direct the City staff and decision makers to amend any elements or provisions of the General Plan, including all exhibits and figures, and all other City ordinances, policies, and implementation programs, as soon as possible, to implement this Initiative and to ensure consistency and cot-relation between this Initiative and other elements of the General Plan. The preceding sentence shall be interpreted broadly pursuant to Pala Band of Mission Indians v. Board of Supervisors, 54 Cal.AppAth 565 (1997) to promote the requirements that a general plan constitute an integrated and consistent document. - Let Dublin Decide Initiative Page 24 - After the Effective Date, any provision of the Municipal Code that is inconsistent with the General Plan Amendment shall be deemed null and void. X. INTERPRETATION To ensure that the voters' intent prevails, words in this Initiative shall be interpreted according to the purposes described in this Initiative, and shall be applied according to their plain meaning. In the event the plain meaning is not clear, we the voters declare our intent that this Initiative be interpreted in light of those ballot materials and campaign materials that are offered in favor of this Initiative. We also declare that we adopt our findings based upon our general knowledge of Dublin geography, planning, development, community need and desires, and upon those ballot and campaign materials that are offered to the public in favor of this Initiative. Any titles of the sections or subsections of this Initiative are inserted for convenience of reference only and shall be disregarded in interpreting, applying or implementing any part of the provisions of this Initiative. This Initiative shall be interpreted so as to be consistent with all applicable federal and state constitutions, laws, rules, regulations and requirements. XI. SEVERANCE If any word of this Initiative, or its application to any situation, is held invalid or unenforceable, in a final judgment that is no longer subject to rehearing, review or appeal by a court of competent jurisdiction, then the invalid word is severed, and /or the invalid words are severed, and the remaining parts of this Initiative, and the application of any part of this Initiative to other situations, shall continue in full force and effect. We, the people of the City of Dublin, declare that we would have adopted this Initiative, and each section, each paragraph, each phrase and each word, irrespective of whether any other portion, or application to any situation, be held invalid. It is our intent that any portion of this Initiative that can lawfully be implemented be implemented, even if doing so would not permit implementation of the purposes of this Initiative, even if doing so would otherwise appear trivial or inconsequential, and even if the valid portion appears intertwined with the invalidated portion. As the body enacting this Initiative, we state our intent that if severance is being considered, each section, each paragraph, each phrase and each word of this Initiative be interpreted to be complete in itself, and functionally and grammatically separate from each other word. Moreover, if the portion ruled invalid can be the subject of a valid advisory measure, then we direct that such portion be deemed an advisory measure and we urge the Council to follow our advice. XII. AMENDMENT Clerical changes to reproduce or relocate any text or diagram of this Initiative, or rename any diagram of this Initiative, may be made, without a vote of the people, so long as doing so effects no substantive change. The name of the Eastern Study Area enacted by this Initiative and the name of the Eastern Area Comprehensive Plan addressed in this Initiative may be amended by the Council without a vote of the people, so long as doing so effects no substantive change. - Let Dublin Decide Initiative Page 25 - The contents of Exhibits A -1 and A -2 may be displayed in any manner deemed appropriate by City staff or decision - makers so long as displaying the contents in a manner other than as depicted in Exhibits A -1 and A -2 effects no substantive change. For example, the circulation aspects of Exhibit A -2 may be displayed in a General Plan circulation diagram that does not also display geologic hazards, so long as the geologic hazard information is depicted in all General Plan diagrams that address geologic hazards. The Urban Limit Line and the Eastern Study Area Boundary shown in Exhibits A -I and A -2 may be amended only by a vote of the people of Dublin. The land use designations shown in Exhibit A -1 may be amended only pursuant to General Plan Sections 2.7,13 and 2.7.E as enacted by this Initiative. The city limits and Sphere of Influence boundary, and proposed city limits and proposed Sphere of Influence boundary in Exhibits A -1 and A -2 may be amended without a vote of the people only to reflect LAFCO decisions. The aspects of Exhibit A -2 that pertain to transportation, geologic hazards and potential flooding may be amended without a vote of the people, so long as the amendment does not conflict with Section V.B (Eastern Study Area in Chapter 2) or V.C.I (Western Urban Limit Line) of this Initiative. Section V.C.2 of this Initiative sets forth text amendments to make Measure M and the Western Urban Limit Line permanent. The exact wording used in these text amendments may be amended without a vote of the people only if the following three requirements are met: (1) the General Plan indicates that the Western Urban Limit Line and Measure M are permanent, (2) the text of Measure M (as amended by this Initiative) is reflected in the General Plan, and (3) the General Plan indicates that the provisions of Measure M (as amended by this Initiative) can be amended only by a vote of the people. Text and/or diagrams that are included within this Initiative for comparison or reference purposes only, and which are not enacted by this Initiative, may be amended, supplemented or repealed according to the same procedures that would apply if this Initiative had not been enacted, provided that doing so effects no substantive change to any provision of this Initiative that can be amended only by a vote of the people or in accordance with certain procedures. Corrections may be made to fix any typographical or clerical errors in this Initiative, without a vote of the people, provided that doing so effects no substantive change. No other part of this Initiative may be altered, repealed or amended, except upon a subsequent vote of the people of Dublin. XIII. STATUTE OF LIMITATIONS Unless a shorter statute is enacted by the State Legislature, all provisions of this Initiative shall be deemed subject to Government Code section 65009(c), and no action or proceeding challenging all or any part of this Initiative shall be maintained unless commenced and service made within ninety (90) days of the date of the legislative body's decision. We intend the date of the legislative body's decision to be the date of the election at which the voters adopt this Initiative. If such date cannot lawfully be deemed the date of the legislative body's decision, then we intend the date of the legislative body's decision to be the earliest possible lawful date. - Let Dublin Decide Initiative Page 26 - XIV. EXHIBITS The following is a list of exhibits, This list is provided for ease of reference only, and does not constitute part of the matters adopted by this Initiative. However, the exhibits themselves which are described as being enacted by this Initiative are so enacted. Exhibits A -1 & A -2: General Plan diagrams showing the Eastern Study Area. These diagrams are enacted as amendments to all General Plan diagrams by this Initiative. Exhibit B. Dublin General Plan Land Use Map as of the Filing Date. This map is provided for reference only and is not enacted by this Initiative. Exhibit C. County's Land Use Map, showing County land use designations for Eastern Study Area as of the Filing Date. This map is provided for reference only and is not enacted by this Initiative. - Let Dublin Decide Initiative Page 27 - PROPOSED CITY OF DUBLIN LIMITS AND PROPOSED SPHERE OF INFLUENCE URBAN LIMIT LINE ,EASTERN STUDY AREA } RESOURCE MANAGEMENT LAND USE DESIGNATION EASTERN STUDYAREA LARGE PARCEL AGRICULTURE LAND USE DESIGNATION EXHIBITA -1 1 ( tir, i.I I n.rnnrr. Public /Semi- Public /Open Space Commerclal /Industrial Regional park General Commercial Residential F*' -.1 Parks) Public Recreation RelallOflrce Rural Residentat Agriculture (1 Unit per 100 Gross Residential Acres) Open Space - RelaAlOHice and Automotive Estate Residential (0.01 - 0.8 dWac) Stream Corridor Neighborhood Commercial LoN-Density Single Family (0.5. 3.8 du/ac) Public Lands General Commercial /Campus Office Single Family Residential (0.9.6.0 dWac) - Public / Semi-public Medium-Density Residential (6.1 - 14.0 dWac) - Semi-Pubi,.c Campus Office ® Medium /High- Density Residential (14.1 - 25.0dulac) Resource Management Industrial Park Nigh - Density Residential (25.1 r dulac) Large Parcel Agriculture Business PaWindustoal co Communly Park Business Paik/induslnal and Outdoor Storage ns Neighborhood Square Mixed Use City of Dublin Limits wr Neighborhood Park QQ Regional Park i Mixed Use 21Campus Office Sphere of Influence f.l cdiumrHigh Density Residential and Retail Office Proposed City of Dublin Limits and Proposed Sphere of influence City of Uvermore Downtown Dublin (� Urban Limit Une 0 City of Pleasanton Dolhnlown Dublin - Village Parkway District (.. �] Eastern Study Area Boundary Q City of San Ramon Do%nlown Dublin - Transit- Oriented District Daantown Dublin - Retail District EXHIBITA -1 TRANSPORTATION AND E _IMIT LINE EASTERN STUDY AREA BOUNDARY Livetmorc Arterial and Regional Private L -11 City of Dublin Corridor Freeway and Existing M Sphere of Influence Collector and Future Regional Corridor t:: J Eastern Study Area Boundary Regional Corridor _ _ _ . Proposed Class II Bike Urban Limit Line Local Residential Lane Proposed City of Dublin Limits and Proposed Sphere of Influence ~•• Iron Horse Trail GEOLOGICAL HAZARDS 0.2 %Annual Chance Flood Hazard (500 Year Flood Hazard) M 1 %Annual Chance Flood Hazard (100 Year Flood Hazard) POTENTIAL FLOODING = Liquefaction Areas Fault Boundary Stream AN Landslide Areas CDC Fault Traces EXHIBITA-2 a a Q cc W W W w &A Z J 0 m Z � Q 0 G � q w EXHIBIT B Ir�j�•• ;aa. ���� l��r F S8 E E 0 El J 8 a gi s Mil I logo, 3 gee c EXHIBIT C m a- i in o W �s u_ a� �± is .� w o li�l 1111 �, �1 Public /Seml- Public /Open Space Corn mercialfindustrial Regional Park 0 Parksl Public Recreation Open Space Stream Corridor Public Lands Public l Semi - Public - Semi - Public Reswrce Management Large Parcel Agriculture 0 Community Park FN Is Neighborhood Square na Neighborhood Park ar Regional Park { City of Livermore Q City of Pleasanton City of San Ramon PROPOSED CITY OF DUBLIN LIMITS AND / PROPOSED SPHERE OF INFLUENCE URBAN LIMIT LINE EASTERN STUDYAREA I RESOURCE MANAGEMENT LAND USE DESIGNATION EASTERN STUDY AREA i 7 LARGE PARCELAGRICULTURE LAND USE DESIGNATION Residential General Commercial .Rural Reta l,Off ce ResidenliaVAgricLlture (1 Umll per 100 Gross Residential Acres) - Reta 110ffice and Automotive Estate Residential (0.01 - 0.8 dulac) Lo,v- Density Single Family (0.5 - 3 -8 dulac) Neighborhood Commercial Single Family Residential (0.9 - 6.0 dulac) - General CommercialfCampus Office Medium- Density Residenlial (6.1 - 14.0 dulac) Campus Office 1. lediumlFligh- Density Residential (14.1 - 25.0 dulac) Industrial Park High- Density Residential (25.1+ dulac) - Business Parkllndustnai Busmess Parkllndustmal and Outdoor Storage - Mixed Use �, -,. City of Dublin Limits ?Z4 Mixed Use 21Campus Office L� Sphere of Influence Medium+High.Density Residential and Retail Office Proposed City of Dublin Limits and Proposed Sphere of Influence Downtown Dublin Urban Limit Line Downtown Dubl In - Village Parkway District (; .j Eastern Study Area Boundary } Downtown Dublin - Transit - Oriented District Downtown Dublin - Retail District EXHIBITA-1 PROPOSED CITY OF DUBLIN LIMITS AND PROPOSED SPHERE OF INFLUENCE URBAN LIMIT LINE EASTERN STUDYAREA BOUNDARY " + 97j, t.� City of Dublin t City or 1'lea'antcuf City of Livermore TRANSPORTATION Arterial and Regional Private C. I City of Dublin Corridor 00 Freeway and Existing F-1 Sphere of Influence I Collector and Future Regional Corridor l:: 7 Eastern Study Area Boundary Regional Corridor Proposed Class II Bike 0 Urban Limit Line Local Residential Lane M Proposed City of Dublin Limits and Proposed Sphere of Influence °•••• Iron Horse Trail GEOLOGICAL HAZARDS 1 0,2 %Annual Chance Flood Hazard (500 Year Flood Hazard) 1 % Annual Chance Flood Hazard (100 Year Flood Hazard) POTENTIAL FLOODING M Liquefaction Areas Fault Boundary Stream Landslide Areas CDC Fault Traces EXHIBITA -2 Z CL J Lu W W C7 In Z J 0 m Z Q d J pz � p�q I: Iola i � A °c r " 1 t� V� t` EXHIBIT B �A3b , �i I III "Ill £ r r 4 a a n 8 iidu 0 4 `3 fi 3 � o �9 aa4 s s a � e e 3 � F ss3a 5 Ix s� m z 8 E s a dgg � gg S W a S f 1 c� EXHIBIT C � £S cn _ +-0 O � c� ID ce cc � � Sc w � ❑ � IDI s11111111I�1 t11 ° t f� i•