HomeMy WebLinkAbout8.1 Ridgeland Voters Voice
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CITY CLERK
File # D~[zIQ]-[Z][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 6,1998
SUBJECT:
Draft Dublin Ridgelands Voters' Voice Initiative
(Report Prepared by: Carol Cirelli, Senior Planner, Libby Silver,
City Attorney; and Kathleen Faubion, City Attorney's Office)
EXHIBITS ATTACHED:
A.
B.
Morgan King's Letter dated September 17, 1998
Draft Initiative
RECOMMENDATION:
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1) Discuss Mr. Morgan King's requests; 2) Review staffs analysis
of the draft Dublin Ridgelands Voters' Voice Initiative; 3) give staff
direction regarding Mr. King's requests; and/or 4) .provide staff
other direction, if appropriate.
FINANCIAL STATEMENT:
If the City Council were to proceed with Mr. Morgan King's two
requests, approximately 40 hours of staff time would be involved
which may delay the completion of some of the City's high priority
projects.
BACKG~OUND:
Morgan King sent $taff a letter (see Exhibit A) requesting that 1) the City Council authorize City staff to
engage in direct communication with the authors of the initiative for purposes of identifying and resolving
unintended problems with the initiative; and 2) the City Council appoint a committee comprised of
Council members and City staff to meet with initiative proponents to explore whether the City should
adopt the initiative into law rather than calling an election (see discussion below). The committee
proposed by Mr. King would be subject to the Brown Act. At the Council meeting of September 15,
1998, Councilmember Janet Lockhart requested that City staff prepare an analysis of Dublin resident
Morgan King's draft Dublin Ridgeland Voters' Voice Initiative.
The proponents of the draft initiative have not yet begun the formal process of circulating the initiative.
This process requires the proponents to file a notice of intent to circulate the initiative with the City Clerk.
The City Attorney must then prepare a title and summary. The proponents will then publish the notice,
title and summary, and may then obtain signatures. If sufficient "prima facie" signatures are obtained
(within a 6-month period), the Clerk will verify the signatures. If there are sufficient valid signatures, the
Council must then either adopt the proposed ordinance (exactly as written) or call an election and submit
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COPIES TO: In-House Distribution L2 4
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the proposed ordinance to the electorate. A special election may be required if sufficient signatures '(15%).
are obtained, It will become effective if a majority of voters approve it.
Below is a brief summary ofthe initiative. In response to Councilmember Lockhart's request, following
this summary is an analysis covering certain aspects of the initiative which would present some policy .
issues for the City. Finally, the rest of the analysis covers some technical inaccuracies of the initiative
that staff suggests should be corrected in order to make the initiative more agreeable to the City.
INITIATIVE SUMMARY:
The initiative, if adopted, would require that for the next 30 years all future proposals for constructing
new development, or to permanently extend utilities or services ip the Western Dublin Extended Planning
Area would need to be approved by a vote of the Dublin registered voters. The initiative makes an
exception to allow agricultural or open space recreational uses in order to encourage the preservation of
natural habitat, oak woodlands, creeks and so forth, and uses that are necessary for public health and
safety. In addition, an elevation cap is established limiting any development that needs to be approved to
avoid an unconstitutional taking of private property to no higher than 670 feet. Other sections of the
initiative cover purposes, objectives and goals ofthe initiative and conforming general plan and zoning
ordinance amendments.
The initiative would apply to the Western Extended Planning Area beyond the City limits, but within the
Sphere ofInfluence. If that area is annexed to the City, the initiative would govern land uses in that area.
TECHNICAL COMMENTS
The following are technical comments regarding the initiative.
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Section I. Purpose and objectives
B. Summary (p.l)
This section states that for a period of 30 years from the adoption of the ordinance, no proposal to zone or
rezone the affected area for uses other than agricultural or open spaces uses, and so forth, shall be adopted
unless first approved by a vote of the voters of the City. As noted, the initiative would govern land uses if
the City annexes the area in the future.
Similarly, regarding the statement "or to permanently extend utilities or services to such area," the City
could not extend utilities to this area unless it is annexed. Note that certain services, such as water and
sewer services, are provided by DSRSD, not the City. Currently, Alameda County, DSRSD, and Zone 7
have the authority for extending services within the Western Dublin extended planning area.
The initiative would adopt and/or amend General Plan policies and zoning ordinance provisions, and
would readopt existing General Plan policies. Any future amendments to the new, amended or readopted
policies and ordinance provisions would require voter approval. As a procedural note, General Plans are
adopted and amended by way of resolutions, while zoning ordinances are adopted and amended by way of
ordinance. The initiative proposes to adopt all the provisions by ordinance, however, this can be resolved
by redrafting the measure to take the General Plan actions by resolution and the remaining actions by .
ordinance.
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C. Purposes (p. 2)
Paragraph CA indicates that one purpose of the initiative is to prevent Alameda County from encroaching
on the City's right to control development. The City controls development only within the City limits.
Alameda County would continue to have land use jurisdiction over the affected area unless the area was
annexed in the future.
D. Definitions (p. 2)
There is a typo in the first paragraph, last sentence. The word should be "West" instead of "est."
Section II. Findings (p. 3)
E. This finding assumes there is sufficient development potential in the City's remaining planning areas
to meet the City's housing objectives in the Housing Element. If this assumption is incorrect, the
initiative would be inconsistent with the Housing Element, and if approved, would make the General Plan
internally inconsistent. Either the initiative or the Housing Element would need revision to avoid the
inconsistency.
F.4. This paragraph in the Alameda County General Plan - East County Area Plan (ECAP) refers to the
Eastern Dublin General Plan Amendment Area, and without more explanation, appears to be inapplicable
to the Western Extended Planning Area.
F.5, This paragraph of the ECAP refers to the general concept of the Urban Growth Boundaries, not the
West Dublin foothills, and as stated in the initiative, may not accurately reflect the County's policy.
Section III. Policies readopted and emphasized (p. 5)
The following comments address the section of the initiative which proposes to readopt and emphasize
certain existing General Plan policies. Certain General Plan language is included verbatim, but is
excerpted from the current policy, and is sometimes combined with language from a different policy
and/or with different text. In these cases, the policy is not simply a readoption, but would be a text
amendment, more appropriate in Section IV.A., Text Amendments to the General Plan.
A. The appropriate General Plan reference to these policy objectives is Section 2.1A.F(2), (3). The
initiative's current citation does not reflect the Schaefer Ranch GP A.
B. The appropriate General Plan reference to these policy objectives appears to be Section 3.1.E-G.
D. The General Plan refers to "ridgelines" instead of "ridgelands." Citations within the proposed policy
should be edited to account for the Schaefer Ranch General Plan Amendment (GP A).
F. Section 7.1 (D) and (F) are not referenced.
H. The word "designated" should be included after "development within."
I. The word "abuse" should read "misuse." The appropriate General Plan reference to this policy is
Section 5.1.1. in Guiding Policy B regarding design of collector streets.
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Section IV. Amendments to the General Plan
A, Text Amendments (p. 6)
A,l. This proposed General Plan text includes general policy and "vision" statements. They are not
required by the General Plan statute for the City's general plan.
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A.2.a.,b. The proposed amendments to Section 2.1.4.a,b. were previously adopted by the City through the
Eastern Dublin General Plan Amendment (1993). The proposed additional sentences may appear
inconsistent with existing Western Dublin Policies D-F; additional conforming amendments may be
necessary for the initiative and/or existing policies.
B. Conforming Amendments (p. 7)
B.l.a. The text citations should be edited to reflect the Schaefer Ranch GP A, and existing Western
Dublin policies. Also, paragraph no. 2 requires further clarification. For example, "nominal extent" and
"minimum extent necessary" should be defined.
B.2.c. The appropriate location for the proposed policy is Section 3.1.H, after the current Western Dublin
policies.
B.2,e. The appropriate location for the proposed guiding policies is 3.3.Q., R., respectively, with the
existing implementing policy re-Iettered to "S".
B.2.f. As a result of previous GP As, the Guiding Policy referred to in this paragraph currently appears at
Section 3.3.D, and restricts hillside structures that would silhouette above the ridgelines. The policy .
currently applies citywide, through the Primary, and both Extended Planning Areas. The proposed
amendment would apply the policy expressly to the Western Extended Planning Area, but would delete it
for the other planning areas. To the extent this effect is unintentional, the initiative may not reflect the
Schaefer Ranch GPA which provides policies for the Western Extended Planning Area.
B.2.g. Paragraph J should also refer to DSRSD. Regarding paragraphs K.3. and L.2., the Alameda
County General Plan (ECAP) does not reference 670' for the City of Dublin. This elevation cap is for the
cities of Pleasant on, Hayward and Castro Valley, and may not provide a rationale for applying it to
Dublin.
B.3.a. The effect of the initiative on the Housing Element depends on how much residential development
potential is currently in the initiative's affected area, and how much of that potential would be required for
the City to meet its Housing Element objectives. As noted earlier, if the initiative conflicts with the
Housing Element, either the initiative or the element must be amended to resolve the conflict. As a
procedural note, the next periodic review of the City's Housing Element by HCD is June 3, 2000.
(Government Code Section 65588(e)(2)). In addition, Housing Element amendments must be sent to
HCD for review.
B.3.b. These policy statements could make the Housing Element and General Plan internally inconsistent
because one of the City's housing goals is to provide housing in both of the extended planning areas for
meeting the housing needs of very low, low, moderate and above moderate income households. See .
previous comments.
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B.S.a. This language is surplusage.
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B.5.b. This language is surplusage.
C. Map Amendments (p.14)
1. The unincorporated Western Dublin Extended Planning Area already has an agricultural land use
designation under the Alameda County General Plan. The map reference should be changed to Figure 2-
4.
2. It is inappropriate for the initiative to amend unspecified maps; this paragraph should be revised to
direct the City to make such other map changes as necessary to be consistent with the initiative.
Section V. Implementation (p. 14)
E. The people, through the initiative process, can repeal a legislative act (such as a general plan or zoning
action) but the repeal will be effective prospectively, not retroactively. The word "rescinded" in the first
sentence should more appropriately be "repealed".
I. The people, through the initiative process, can do what the City Council can do. This provision would
bind a future Council's discretion with respect to a legislative act and, thus, appears to be invalid.
CONCLUSION
Staff recommends that the City Council discuss Mr. King's two requests; review staffs analysis of the
draft Dublin Ridgelands Voters' Voice Initiative; give staff direction regarding Mr. King's requests;
and/or provide other direction to staff.
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01/16/1994 17:28
5108291262
'-10RGAN D KING
PAGE 01
LAW OFFICES OF
~fORGAN D. KlNG
7567 AMADOR VALLEY BLVD.
BUITE 110
DUBLIN. C;A QAS88
(~ , 0) 82Q.s:il63
FACSIMIl.E.
(IS 10) 629.7Z8Z
TRACY
(209) 83Z'832B
Au MOPlGAN D. IQNO. J.D.
,.,..ICHAe:L J. pftlMU8. J.D.
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Sepe.-ber 17, 1998
d..1U.,.a.li... U:I
TOI RichArd Ambrose
c.i.t.y.Manager,
city of Dublin
REI Agenda matter - Meeting of Oct. 6, 1998
Dublin Ridgeland Voter~l Voice Initiative
Dear Mr. A=brose:
This i. to confirm that we have asked that certain mattcra in
conn.ction with thQ Dublin Ridgeland voters' Voice Initiative be
6cboau1ed on the ~gend& for the next city Council Meeting on Oct.
6, 1998. Th..e mattera are as follows:
1. We requcDt that the City Council authorize the city staff
to engas. in direct communication with members of our group
regarding the language of the draft of the proposed ordinance,
for the purpose of identifying and if posGible mitigating any
unint.nded prob~~s that tne language of the draft may potential-
ly po.. for the C~ty;
2. we request that the city authorize the immediate appoint-
ment of a committee of Counci~ members, City staff, and initia-
tive proponents to ~xplore whether the City should adopt the
or4inance into law upon validation of the required petition
.ignatures pursuant to the California Elections Code, without
n.ed of .etting the matter for a special elec~ion~
It .~uld b. ..4. cl.ar that va b.ve no~ askod that the council
di.cua. the ..rita of the propoaed initiative at the me8ti~g of
~obar 6; this would be premature, as it is the purpose of the
prop~ed committee to perfor.m that !unction prior to official
city conaiQeration.
If you have any questions in this regard, please contact either
my.elf or Dave Bewley. You have our respective phone numbers.
f]J)Y
OCI City Council
'Ci.t.y .taff
D. Bevl.ey
EXHIBIT A
(j)
MORGAN D. KING, J.D.
JAN C. NIELSEN, J.D.
LAW OFFICES OF
~10RGAN D. ICING
FACSIMILE
(510) 829-7262
TRAC~
(209) 832-~
7567 AMADOR VALLEY BLVD.
SUITE 110
DUBLIN, CA 94568
(510) 829-6363
The Dublin Ridgelands Voters' Voice Initiative
SUMMARY
This initiative looks complicated, but it is actually very sim-
ple. It really makes only one significant change in existing City
of Dublin law.
This initiative, if adopted, would require that for the next 30
years all future proposals for building development in the West
Dublin Foothills be approved by a vote of the Dublin registered .
voters. It does this by adding a paragraph to the Land Use Ele-
ment of the General Plan; this language may be found on page 7,
subsection "b," Extended Planning Area.
Exceptions are allowed for necessary construction for public
health and safety, and for open space recreational uses, but an
elevation cap is established limiting such development to no
higher than 670 ft.
All the other language contained in this ordinance is either
"context" language about purposes and policies, or is "conform-
ing" language to make other parts of the General Plan consistent
with the proposed initiative.
R~CEIV5D
~r'r" .
...cP 1
1993
DUstiN P!.ANNiN~
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EXHIBIT
B
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Dublin Ridgelands votersl voice Initiative
OUTLINE
I. Purpose and objectives
A. Affected area
B. Swnmary
C. Purposes
D. Definitions
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2
2
II. Findings 3
A. Council ignores the sense' of the voters 3
. ,B .,' Significant changes in the' area, " '. , , .:: i' , 3
c.: Further ,development in hills will be, harmful' 3
,D. Ordinance does not constitute taking 3
E. Ordinance does not impair the Housing Element 3
F. The Alameda County GP favors open space 4
G. That LAFCO statute favors open space 4
H. Cal. Constitution allows instructing Council 5
III. policies readopted & emphasized 5
City of Dublin GP text favors open sp~ce
5
IV. General Plan amendments
6
A. Text amendments
6
1. The General Plan
2. The land use element
6
6
B. Conforming amendments
7
1. Land use element
2. Parks & Open space element
3. Housing element
4. Conservation element
5. zoning ordinance
7
8
11
12
13
c. Map amendments
13
14
v. Implementation
A. Amendments already made in calendar year 14
B. Competing ballot proposal 14
C. Reorganization of GP permitted 14
D. Annexation powers not restricted 15
E. Rescinds prior amendments affecting same area 15
F. Vote required to adopt ordinance 15
G. Effective date 15
H. Ordinance amendments require vote 15
I. Provides for vote to renew ordinance
J. Each section separate and severable.
K. Ordinance to be appended to General plan
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ver 8/30/98 dublin3
ORDINANCE NO.
THE DUBLIN RIDGELANDS.VOTERS' .VOICE INITIATIVE
. AN INITIATIVE OF THE CITY OF DUBLIN .
AMENDING THE GENERAL PLAN AND ZONING ORDINANCE
TO REQUIRE VOTER APPROVAL OF FUTURE DEVELOPMENT PROPOSALS
IN THE WEST DUBLIN FOOTHILLS
. THE PEOPLE OF THE CITY' OF.. DUBLIN DO, ORDAIN 'AS FOLLOWS:'
SECTION I. Purpose and obiectives
A. Affected area
This initiative affects only that' portio~ of,theWest Dublin
foothills identified on city map 1~2 (attached), as revised
February, 1992, and other general plan maps, as the Western
Extended Planning Area, and that is"as'of the date 90 days prior
to the filing of the notice of intent to circulate the petition
for this initiative, all of that area which is outside the
existing city limits and within the city of Dublin's sphere of
influence.
B. Summary
This initiative:
1. Provides that for a period 30 years from the adoption of
this ordinance no proposal to zone or rezone the affected
area for other than agricultural or open space uses, or to
amend the general plan to permit other than agricultural or
open space development therein, or to' permanently extend
utilities or services to such area, shall be adopted unless
first approved by a vote of the voters of the City of
Dublin.
2. Readopts and emphasizes the policies already set forth in
the Dublin General Plan, adopted February 11, 1985, as
revised September 14, 1992, providing, among other things,
that it shall be the policy of the City of Dublin to
encourage the preservation of the affected area and such
natural habitat, oak woodlands, natural creeks and open
space features as may be found therein.
AN ORDINANCE REQUIRING PRIOR VO'1'ER APPROVAL OF
DtvELOP~-r PROPOSALS IN THE ft~ST DUBLIN FOOTHILLS 1
c. Purposes
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The purposes of this ordinance are to help provide for the
health, safety, and welfare of the residents of the City of
Dublin, and to help protect and enhance the quality of life in
the City of Dublin, by -
1. Encouraging the preservation of open space, scenic,
~atural habitat, agricultural and recreational resources in
the area within the sphere of influence qf the City. of
Dublin identified as the Western Extended Planning Area;
2. Enlarging the right of voters residing in the city of
Dublin to participate more democratically in important
decisions which tend to have irreversible effects on the
quality of life in Dublin, by providing that such voters
shall have the right to vote on proposals for zoning or
development in the affected area;
3. Preventing transitory short-term politicaL decisions that
disregard or do not give proper consideration to existing
city policies encouraging the preservation of the affected
area in its present state, by creating a safeguard
comprising of a public debate and a vote of the people in
connection with any proposal to convert lands in the Western
Extended Planning area to non-agricultural or non-open space
uses;
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4. Preventing the County of Alameda from encroaching on or
usurping the city of Dublin1s right to control development
in the affected area.
D. Definitions
For purposes of this ordinance the following definitions shall
apply:
1. Western Extended Planning Area. All of that area that is
identified on city map 1-2, as revised February 1992, as the
Western Extended Planning Area, comprising all of that area
which is, as of the date of the filing of the notice of
intent to circulate the petition for this initiative,
outside the existing city limits and within the City of
Dublin's sphere of influence. Such area is sometimes
referred to herein as the West Dublin Foothills or the est
Dublin Ridgelands.
2. Open space or open space land. For purposes of this
ordinance the terms "open space" or "open space land" shall
refer to any essentially unimproved land which is suitable
for those uses and activities as are described in the .
AN ORDINANCE REQUIRING PRIOR VOTER APPROVAL OP 2
DEVELOPKD,.T PROPOSALS IN THE m:S'l' DUBLIN FOOTRII.LS
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California Open Space Act, Government Code S 65560(b) (1),
( 2 ), ( 3) and (4).
3.. Maps. For purposes of this ordinance "maps" refers to
those official maps of the City of Dublin depicting the
affected area as of the date 90 days prior to the date of
filing the notice of intent to circulate the petition for
this initiative. .
4.. General plan. For purposes of his ordinance the term
"General Plan" or "Dublin General Plan" shall refer to the
Dublin General Plan, including amendments and maps, as
existed as of the date 90 days prior to the date of the
filing of the notice of intent to commence this initiative.
SECTION II. Findinqs
The people of the city of Dublin find as follows:
A. that the legislative body of the city of Dublin, (namely the
Dublin city Council), from time to time makes decisions in favor
of, or encourages proposals for, or is friendly to proposals for
commercial or residential development in the west Dublin
foothills which are, or may be, contrary to the sense of the
residents and voters of the city of Dublin and contrary to the
policies already existing in the Dublin General Plan;
B. that since the General Plan was adopted it has become apparent
that significant changes and additional development have
occurred, or will probably occur in the near future that have
increased traffic congestion, traffic safety hazards, air
pollution, noise pollution, crime, and demands on services and
utilities, and have a negative impact on scenic, open space,
natural habitat, agricultural and recreational resources;
C.. that further development for other than agricultural or open
space uses in the West Dublin foothills will tend to aggravate
those problems identified above;
D.. that this initiative does not constitute a taking of private
lands within the meaning of the law because it allows continued
agricultural, open space and recreational uses of the property
and permits zoning for commercial, industrial or residential
development upon approval of the voters of Dublin;
E. that there is sufficient development capacity in the remaining
undeveloped areas of the city of Dublin, outside the affected
area, to meet the objectives of the Housing Element of'the Dublin
General Plan, and such goals and requirements as may be
prescribed by the California State Department of Housing and
AN ORDINANCE REQUIRING PRIOR VOTER APPROVAL OF
DEVELOPJo!E!.'T PROPOSALS IN Tm:: WEST DUBLIN FOOTHILLS 3
Community Development;
.
F. that the Alameda County General Plan, East County Area Plan,
adopted May 5, 1994, provides, among other things:
[text appearing in italic is taken verbatim from the Alameda
COUI].ty General Plan, Vol. 1, "Goals, policies and Programs," East
County Area Plan]:
1. That areas in -the West Dublin Foothills should not be:' u:'--:
annexed for purposes of'urban development. [ACGP, Vol. 1,
Policy #69];
2. The County shall encourage the City of Dublin to
designate West Dublin for agricultural and open space uses
to serve as a community separator and to reserve a regional
trail corridor' connecting the San Ramon westside hills with
Pleasanton Ridge. [ACGP, Vol. 1, Policy # 70];
3. The County shall recognize West Dublin as a valuable open
space buffer separating the community of Castro Valley from
the East County planning area. The County shall encourage
the City of Dublin to retain this area as open space to be
consistent with the County's designation of this area as
"Large Parcel Agricultural." [ACGP, Vol. 1, Policy #71] i .
4. That in the affected area allowable uses may include
agriculture, recreational, and open space uses. [ACGP, Vol.
1, Policy #72];
5. That it is County policy, with regard to the West Dublin
foothills, to encourage activities that will not promote
sprawl or leap-frog development, or induce further
'adjustment of the West Dublin city boundary, and would not
unacceptably affect visual and open space resources. [ACGP,
Vol. 1, Program 1]
G. That the authorizing statute of the Local Agency Formation
Commission (LAFCO), Cal. Government Code S 56000 et seg., for
Alameda County, provides, among other things:
[text appearing in italic is taken verbatim from the text of the
respective sections of the California Government Code]
1. It is the intent of the Legislature that each commission
establish policies and exercise its powers pursuant to this
part in a manner that encourages and provides planned, well-
ordered, efficient urban development patterns with
appropriate consideration of preserving open-space lands .
within those patterns. [Gov. ~ode S 56300]; and 2~ that one
AN ORDINANCE REQUIR.ING PR.IOR. VOTER. APPR.OVAL OP 4
DEV!:LOPMENT PR.OPOSALS IN TIlE w:E:ST DU!lI.IN POOTHILLS
.
of the policies of LAFCO is the discouragement of urban
sprawl [Gov. Code S 56301J.
H. That the Constitution of the State of California, Article 1,
Sec. 3, states, inter alia, "The people have the right to
instruct their representatives...," and that the use of the
initiative process in connection with land use planning is a
frequently used and legitimate means of instructing such
representatives, and is among the fundamental rights and powers.
of the voters. See Devita v. County of Napa, 9 Cal. 4th 763
(1995).
SECTION III. policies readopted and emphasized
The city of Dublin hereby readopts and emphasizes certain
policies 'found throughout the Dublin General plan and its
relevant elements, and the Dublin Zoning Ordinance, as follows:
[text appearing in italic is verbatim from the General Plan or
related documents; the citations reference the corresponding
sections of the Dublin General Plan or its elements]
.
A. The city shall encourage only such development proposals
for the West Dublin foothills as will not disfigure the ,
ridgelands, and will not result in premature termination of
viable agricultural operations [5 2.1.4(C)];
B. The guiding policies of the city of Dublin are, among
other things, to preserve oak'woodlands, riparian
vegetation, and natural creeks as open space for their
natural resource value, and maintain steep slopes as
permanent open space for public health and safety [5 3.1(A),
(B)];
.
C. The guiding policy of the city of Dublin is to maintain
lands currently in the Williamson Act agricultural preserve
as rangeland [5 3.2(A)];
D. It' is an implementing policy of the city of Dublin to
promote inclusion of hiking, bicycling and/or equestrian
trails within open space areas, including the Western
Extended Planning Area [5 3.3(D)], and it is a guiding
policy to restrict structures on the hillsides that appear
to project above major ridgelands, because the present
undisturbed natural ridgelands as seen from the primary
planning area are an essential component of Dublin's
appearance as a freestanding city ringed by open hills [S
3.3(G)], and to implement such goals in a way that will
preserve or enhance the ridgelands that form the skyline as
viewed from freeways and local roads [5 3.3(H)];
]>.N ORDINANCE REQUIRING PRIOR VOTER APPROVAL OF
DEWLOPHENT PROPOSALS IN THE m:ST DUBLIN FOOTHILLS
5
E. Most importantly, the City recognizes that the western .
hills form part of a greenbelt that rings the Bay Plain,
preventing continuous urban spread [S 7Ji
~l , I., -, ..
F. It is the guiding policy of the City of Dublin to protect
..: '':' .riparian _ vegetation. as, .,a,.p:r;otective..buffer for.. stream ...", -......-..""rr.". ~~..
'::; !\quality:'and: for it~: value";as'~ahabitat.1iand aesthetic! : 1, ): J':i ,.fI.l: i
resource, and promote access to stream corridors for passive
recreational use [S 7.l(A}, CB}, (D), (F}Ji
G.It is a guiding policy of the City of Dublin to protect
oak woodlands, and develop a heritage tree ordinance [S
7.3(A), (B), (C}Ji
:. I
H. It is the policy of the city of Dublin to prohibit
development within open space areas except that designed to
enhance public safety and the environmental setting. [S
7.7(F)Ji
I. It is the policy of the City of Dublin to prevent abuse
of residential streets by through traffic. [Additional
Design Criteria, Implementing Policies, S 5.l(K).].
SECTION IV. Amendments to the General Plan
A. Text Amendments
.
The General Plan is amended in the following respects:
Added or amended text is in bold
1. The General Plan:
a. Section 1.3, Nature of The General Plan, is amended
to add the following introductory paragraph:
Because there are a l~ited number of developable
parcels in Dublin, care must be taken to create a
balanced community which reasonably accommodates the
competing needs of housing and commercial development
with open space, scenic, natural habitat, agricultural
and recreational uses, and provides reasonable
protection from air and noise pollution, traffic
congestion and safety hazards, and crime, and from
over-extending services and utilities. In summary, the
General Plan strives to protect and continue the rural,
uncongested, unstressful, safe and attractive quality
of life that Dublin citizens have come to expect and
enjoy while improving the economic vitality of Dublin.
2. Land Use Element: .
AN ORDINANCE REQUIRING PRIOR. VOTER. APPROV1lL 01' 6
DEVJ::LOPMENT PROPOSALS IN THE Wi:ST DUBLIN FOOTHIUS
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a. section 2.1.4, Extended Planning Area, Guiding
Policy, paragraph "A" is amended as follows:
The first paragraph of that section is amended to add
the following to the beginning of the sentence:
In the Eastern Extended Planning Area, consider
. . .
A second sentence is added to this paragraph, as
follows:
In the Western Extended Planning Area proposals
for residential development shall be discouraged.
b. Section 2.1.4, Extended planning Area, Implementing
policies, paragraph "B" is amended as follows:
The words In the Eastern Extended planning Area ... are
added to the beginning of the sentence.
and the following additional sentences are added:
_ The area described in city maps as the Western
Extended Planning Area shall not be zoned for
other than agricultural or open space uses for a
period of 30 years, unless such proposed zoning or
rezoning of the affected area is first approved by
a vote of the voters of the City of Dublin.
_ During such time any proposal to amend the
general plan to permit other than agricultural or
open space use or development, or any use
substantially inconsistent with the goals,
policies and provisions of the Dublin Ridgelands
Voters' Voice Initiative, in the Western Extended
Planning Area shall be adopted only upon the
approval of the voters of the City of Dublin.
B. Conforming amendments
1. The Land Use Element:
a. Section 2.1.4 of the Land Use Element, Extended
Planning Area, Implementing policies, is amended to add
another paragraph, which states as follows:
D. Any proposed amendment to the General Plan or
Zoning Ordinance having the effect of permitting
other than agricultural or open space uses or
development in the Western Extended Planning Area
JoN ORDINANCE REQUIR.:l:NG PRIOR VOTER. APPROVAL OF
DEVELOPKE~~ PROPOSALS IN TEE WEST DUBLIN FOOTHILLS 7
may be adopted by the City only upon a
determination;
.
1. that such proposed development meets the
standards prescribed at S 2.l.4(C); and
2. that such proposed development does not add,
except to a nominal extent, to traffic flow upon
any public street that is contiguous with, or
. provides access to existing residential neighbor-
hoods, or public or private schools, or
residential neighborhoods west of San Ramon Road
in the City of Dublin. For purposes of this
section, any proposed addition to the traffic
level shall be approved only to the minimum extent
necessary to avoid an unconstitutional taking of
private lands; and
3. that such proposal has been approved by the
voters of the City of Dublin.
2. Parks and Open Space Element:
a. Open space defined. The Parks and Open Space element
of the general plan is amended to add the following
text between the final paragraph of the introductory .
language of that section, and before the beginning of
section 3.1:
For purposes of this ordinance the terms "open
space" or "open space land" shall refer to any
essentially unimproved land which is suitable for
those uses and activities as are described in the
California Open Space Act, Gov~rnment Code S
65560(b)(1), (2), (3) and (4).
b. Section 3.1, Open Space For Preservation of Natural
Resources and For Public Health And Safety, first
paragraph, is amended to read as follows:
Subsequent to adoption of this general plan, the
voters of the City of Dublin adopted by initiative
(the "Dublin Ridgelands voters' Voice Initiative)
an ordinance encouraging the preservation of the
open space, scenic, natural habitat, agricultural
and recreational resources of the West Dublin
foothills.
c. Section 3.1, following paragraph "e" under
Implementing Policy, is added the following paragraph:
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AN ORDINANCE REQUIRING PRIOR VOTER. APPROVAL OF 8
DEVELOPMENT PROPOSALS IN TIlE WEST DUBLIN FOOTHILLS
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D. Discourage proposals for uses or development
that may be inconsistent with the goals, policies
or provisions of this ordinance, or of the Dublin
Ridgelands Voters' Voice Initiative, in connection
with the Western Extended Planning Area; such
proposals shall not be effective unless first
approved by a vote of the voters of the City of
Dublin.
d. section 3~2, Agricultural Open Space, paragraph
entitled Implementing Policy, "B" is amended to add the
following:
Approval of development of agricultural land in
the Western Extended Planning Area, in addition to
those findings stated above, shall require
approval of the voters of the city of Dublin
pursuant to the terms of the Dublin Ridgelands
Vot.ersl Voice Initiat.ive.
e. Section.3.3, Open Space For Outdoor Recreation,
paragraph entitled Guiding policies, is amended to add
the following:
c. Encourage the preservation of the Western
Extended Planning Area as an open space, scenic,
natural habit.at., agricult.ural and recreat.ional
resource.
D. It is t.he policy of the City of Dublin to
encourage the establishment of, and cooperate in
good fait.h with, a private open-space land trust
for the purpose of raising private funds to
purchase lands in the West.ern Extended Planning
Area to be dedicated for permanent agricultural,
open space and recreational uses.
f. Section 3.3, following the section entitled
Implementing Policy, the paragraph entitled Guiding.
policy, "G" is amended to read as follows:
G. Encourage the preservat.ion of the Western
Extended Planning Area as an open space, scenic,
nat.ural habitat, agricultural and recreational
resource, and restrict structures on the hillsides
that visually impact the affected area.
g. The last paragraph entitled Implementing Policy [on
page 3 - 3] is amended to add the following paragraphs:
I. In connection with any application for zoning
AN ORDINANCE REQUIRING PRIOR VOTER APPROVAL OF
DEVELOPMENT PROPOSALS IN ':t'IlE WEST DUBLIN FOO':t'IlILLS 9
for other than agricultural or open space use in
the Western Extended Planning Area, submit such .
proposals to, and obtain the approval of, the
voters of the city of Dublin.
J. The City, its departments, boards, appointees
to agencies [e.g., Local Agency Formation
Commission, (LAFCO)], commissions, officers, staff
and employees shall not approve or adopt, or do or
fail to do any act the result of which permits or.
authorizes a permanent extension of services or
utilities, in connection with other than
agricultural or open space use in the Western
Extended Planning Area, except upon the prior
approval of the Dublin voters.
K. To avoid an unconstitutional taking of private
property in connection with any proposed use or
development within the Western Extended Planning
Area, the City Council may approve a general plan
or zoning amendment to permit other than
agricultural or open space development or uses,
and an extension of utilities and services to that
area, by the affirmative vote of the City Council,
and based on substantial evidence in the record,
that:
1. The application of the prov1s10ns of this
initiative to the proposed development would
constitute an unconstitutional taking of a
landowner's property; and
.
2. The proposed amendment, development
project and associated land use designation
will allow land uses and associated
environmental effects only to the minimum
extent necessary to avoid the
unconstitutional taking of the landowner's
property; and
3. The proposal complies with the 670 ft.
elevation cap on development as found in the
Alameda County General Plan, Policy 108,
section 1-5; and
4. The proposed general plan or zoning
amendment, or development, has failed to be
approved by the voters of the city of Dublin
in an election.
Substantial evidence shall include, but not
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AN ORDINANCE REQUIRING PRIOR VOTER APPROVAL OF 10
DE:VELOPHEN'l' PROPOSALS IN TIlE WEST DUBLIN FOOTRII.I.S
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be limited to, a final judgment of a court of
competent jurisdiction that the referenced
policies as applied to the particular
development constitute an unconstitutional
taking.
L. To promote the public health, safety, and
welfare, the City' Council may, by the affirmative
vote of a majority of the Council, amend the
general plan or zoning Ordinance, or zone or
rezone or approve a development in the Western
Extended Planning Area, if it finds:
1.
(a) that such amendment is necessary for
the development of a public park, public
open space recreational facility, or
other compatible public open space use,
and such amendment is consistent with
the goals, policies and provisions
prescribed by this ordinance and the
Dublin Ridgelands Voters' voice
Initiative, and that such development
does not disfigure the affected area; or
(b) the amendment is the only feasible
method of addressing a significant
threat to the public health, safety, and
welfare; and such per.manent fixtures,
development, uses or other changes as
may be proposed shall be the minimum
amount of change required to provide for
the public health, safety and welfare,
and will be designed to provide maximum
protection for open space, scenic,
natural habitat, agricultural and
recreational values.
2. the amendment complies with the 670 ft.
elevation cap on development as found in the
Alameda County General plan, Policy 108,
section 1-5.
3. The Housing Element:
The City of Dublin General Plan Housing Element, adopted
February 11, 1985, as amended June 11, 1990, is amended in
the following respects:
a. Section 6.1.5, Nongovernmental Constraints,
AN ORDINANCE REQUIRING PRIOR VOTER APPROVAL OF 11
DEVELOPMID..'T PROPOSALS IN THE WEST DUBLIN FOOTHILLS
subsection entitled Community Opposition To Medium and
High Density Housing, shall include a third paragraph .
which states as follows:
In addition, the Dublin Ridgelands Voters' voice
Initiative provides that it is City policy to
maintain the present unzoned status of the Western
Extended Planning Area, or if zoned it should be .
zoned agricultural or open space use, unless any
p~oposed zoning or rezoning of such area -for other
than agricultural or open space use or development
is first approved by a vote of the voters of
Dublin.
b. section 6.3, subsection entitled III. Strategies
Requiring Ongoing City Effort Using Existing Programs,
paragraph A, is amended to state as follows:
Annex and zone additional land for residential
use. The inventory of land suitable for
residential development (Section 6.1.3) includes
one area within the extended planning area (East
Dublin) which the city is annexing or considering
annexing for rezoning for residential development.
The subparagraph following the above, entitled Actions .
Needed, is amended to state as follows:
Annexation of areas into City and adoption of
General Plan Amendments, rezonings, specific plans
and site development reviews, with the exception
of the Western Extended Planning Area.
4. The Conservation Element:
The Conservation element of the General Plan is amended in
the following respects:
a. An additional section is added which shall state:-
7.8 It is the policy of the City of Dublin to
encourage the preservation of the existing
essentially unimproved character of the Western
Extended Planning area for a 30 year period during
which any proposed zoning or rezoning of such area
for other than agricultural or open space uses or
development shall first be approved by a vote of
the voters of the City of Dublin.
Each policy described in the Dublin Ridgelands
Voters' Voice Initiative (e.g., protection of Oak
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AN ORDINANCE REQUIRING PRIOR VottR. APPROVAL OP
DEVELOPKE!.7 PROPOSALS IN THE WEST DUBLIN FOOTHILLS 12
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woodlands, promotion of access to natural streams,
etc.) shall apply to the Western Extended Planning
Area to help promote the purposes of the other
sections of the Conservation Element upon and
within such area.
5. The Zoning Ordinance:
The Zonipg Ordinance of the City of Dublin is amended to
conform to the provisions of this initiative, as follows:
a. Section 8.120.070, "city Council Action," is'amended
to delete the language appearing therein and. the.
following language shall appear:
City 'Council Action. Upon receipt of the Planning.
commission's recommendation, the City Council
shall hold a public hearing and may, subject to .
the exception stated herein, approve, approve with
modifications, or disapprove the Planning
commission's recommendation.
Exception: In the event the proposal or
recommendation affects the Western Extended
planning Area in connection with zoning such area
for, changing the General Plan to allow for, or
approving a proposal for other than agricultural
or open space uses or development in the affected
area, such proposal or recommendation may be
adopted only upon the approval of the voters of
the City of Dublin.
b. The definition of "Zoning ordinance" as found in the
Zoning Ordinance, Definitions, is amended as follows:
the period at .the end of the existing definition is
changed to a comma, followed by the following language:
or such zoning ordinance as may be adopted by the
voters of the City of Dublin through the
initiative process.
c. The definition of Recreational Facility (outdoor) is
amended to add the following additional sentence:
Notwithstanding the foregoing, the term
"recreational" for purposes of the Western
Extended Planning Area, shall include only those
recreational activities as shall not disfigure or
impair the natural scenic qualities of the west
Dublin foothills, or reduce, destroy or harm the
natural habitat, including oak woodlands, creeks,
AN ORDINANCE REQUIRING PRIOR VOTER APPROVAL OF 13
DEVELOPMENT PROPOSALS IN THE WEST DUBLIN FOOTIlILLS
fields and wildlife, and shall allow only such
activities as are described for open space uses in .
California Government Code S 65560 et seq.
c. Map Amendments:
1. The Development Potential Map (figure 2-2) is amended to
designate the area within the Extended Western Planning Area
as "Agricultural and Open Space - suitable for open space,
scenic, natural habitat, agricultural and recreational
uses."
2. All other maps which are not described here but were
developed or adopted by, or are used by the City of Dublin
for land use and development purposes, are hereby amended to
conform to the amendments and objectives of this ordinance.
SECTION V. Implementation
A. Upon the effective date of this initiative, the initiative
shall be deemed to have amended the General Plan and other
documents described hereinabove, in accordance with its terms,
except that if the four amendments of the mandatory elements of
the General Plan permitted by state law for any given calendar
year have already been utilized in the year of this initiative'S
effective date and prior to such effective date, then the General .
Plan amendment specified herein shall be deemed effective on
January 1 of the following year.
B. If another ballot measure is placed on the same ballot as
this initiative, and if such other ballot measure governs growth
boundaries or growth policies for the City of Dublin or otherwise
purports to deal with the same subject matter or geographical
area as this ini~iative, and if both measures should pass, the
voters expressly declare their intent that this measure conflicts
with such other measure, and that the measure which obtains the
most votes shall control.
c. The .General Plan may be' reorganized, individual provisions of
the General Plan may be renumbered or reordered, and provisions
of the General Plan other than the provisions added by this
initiative may be amended, by the City council in the course of
ongoing updates of the General Plan in accordance with the
requirements of state law. Notwithstanding any such
reorganization, renumbering, reordering or amendment of the
General Plan, the provisions added to the Plan by this initiative
shall continue to be included in the General Plan until the
thirtieth anniversary of the effective date of this initiative,
except to the extent that this initiative has been earlier
repealed or amended consistent with its provisions.
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AN ORDINANCE REQUIRING PIUOR VOTER. APPROVAL OF 14
DEVELOP~'T PROPOSALS IN THE WEST DUBLIN FOOTEILLS
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D. No provision of this initiative shall be deemed to limit or
restrict the power of the city of Dublin to annex all or a part
of the affected area, or zone or rezone such area, except that
any proposed non-agricultural or non-open space zoning, use or
development as may be proposed shall not be effective unless
first approved by the. .voters of.. the City of Dublin!....... . ..-..., ~,. ",'" ..... .
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E. To the extent that any provision of any amendment to the
general plan,.general plan maps or loning Ordinance as may be
adopted by the Dublin City Council between the date 90 days prio~
to the date of the filing of the notice of intent to circulate
this petition, and the effective date of this initiative, is
inconsistent with or likely to have the effect of defeating any
of the principal goals, policies or provisions of the Dublin
Ridgelands Voters' voice Initiative as they pertain to the
Western Extended Planning Area, such provision of such amendment
is hereby rescinded. An elevation cap, by itself, shall not be
deemed to be inconsistent with or contrary to the principal
goals, policies or provisions of this initiative.
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F. Pursuant to California Elections Code section 9217, if the
voters voting on this initiative adopt it by a simple majority
vote, or by a vote greater than any competing ordinance on the
same ballot, it shall become a valid and binding ordinance ten
(10) days after the vote is declared by the city Council.
G. The effective date of this ordinance shall be the day after
the election adopting this ordinance.
H. For the 3D-year period from the effective date of this
ordinance, the provisions thereof shall not be amended except by
the approval of the voters of the City of Dublin by means of an
election.
I. No earlier than two years prior to, nor later than the
expiration date of this ordinance, the City shall place on the
ballot of any general or special election a proposal to reenact
and continue this ordinance in effect for an additional 30 year
period.
J. Should any section, subsection, clause or provision of this
Ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall
not affect the validity of the remaining portions of this
Ordinance; it being hereby expressly declared that this
Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, and adopted by
the people, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
AN ORDINANCE REQUIRING PR.IOR VOTER APPROVAL OF 15
DEVELOP~~ PROPOSALS IN THE WEST DU2LIN FOOTEILLS
K. This initiative shall be entitled "The Dublin Ridgelands .
Votersl Voice Initiative and, upon the adoption of this
initiative by the voters of the City of Dublin, the entire text
of the initiative shall be appended to the Dublin General Plan.
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AN ORDINANCE REQUIRING PRIOR VOTER APPROVAL OF 16
DEVELOPMENT PROPOSALS IN 'l'1tt WEST DUBLIN FOO'l'EILLS