The people of the City of Camarillo do ordain as follows:
Section 1. Title
This ordinance measure to amend the Camarillo General Plan shall be known as the Camarillo 2050 SAVE OPEN-SPACE AND AGRICULTURAL RESOURCES (SOAR) land use Voter Participation General Plan Amendment.
Section 2. Preamble
On November 3, 1998, the voters of Camarillo approved an initiative measure establishing a Camarillo Urban Restriction Boundary, entitled the Save Open-Space and Agricultural Resources measure (SOAR) limiting development outside of the CURB. .... This initiative is intended to restate and re-adopt the SOAR measure, and to re-establish the CURB line, in order that their lives may be extended until December 31. 2050. ...
In addition to restating and readopting the SOAR measure and its concomitant CURB ... this measure identifies a particularly sensitive area on the south easterly edge of the City of Camarillo and calls for voter participation in most development decisions to be made in that area denominated the Conejo Creek Voter Participation Area.
The original 1998 measure, with indicated changes, follows:
Section 3. Introduction
The electorate of the City of Camarillo has through the ordinance process adopted an urban growth boundary line designated the Camarillo Urban Restriction Boundary (CURB). Its purposes, principles, implementation procedures, and methodologies for amendment are set forth in this Chapter 3.0 of the Camarillo General Plan. This initiative measure restates and readopts the CURB and otherwise enhances the voters' participation in major land use decisions of the City of Camarillo, by the establishment of the Conejo Creek Voter Participation Area.
Section 4. Purpose
The City of Camarillo and surrounding area with its unique combination of soils, microclimate and hydrology, has become one o the finest growing regions in the world. Vegetable and fruit production from the County of Ventura and in particular production from the soils and silt from the Conejo Creek, Calleguas Creek, Revlon/Beardsley Wash and alluvial plains adjacent to the City have achieved international acclaim, enhancing the City's economy and reputation.
The purpose of this Urban Restriction Boundary and the new Conejo Creek Voter Participation Area is to ensure that the purposes and principles set forth in the Camarillo General Plan relating to Land Use (Chapter IV) and Open Space and Conservation (Chapter IX) are inviolable against transitory short-term political decisions and that agricultural, watershed and open space lands are not prematurely or unnecessarily converted to other non-agricultural or non-open space uses without public debate and a vote of the people.
Section 5. Principles and Findings
Continued urban encroachment into agricultural and watershed areas, in particular but without limitation into those lands denominated herein as the Conejo Creek Voter Participation Area, will impair agriculture and threaten the public health, safety, and welfare by causing increased traffic congestion, associated air pollution, and potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources. Such urban encroachment would eventually result in both the unnecessary expensive extension of public services and facilities and inevitable conflicts between urban and open space/agricultural uses. The unique character of the City of Camarillo and Quality of life of City residents depend on the protection of a substantial amount of open space, natural resource and agricultural lands. ... As importantly, extending the sunset date of the adopted Urban Restriction Boundary around the City of Camarillo promotes the formation and continuation of ta cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such an Urban Restriction Boundary promotes efficient municipal services and facilities by confining urban development to defined development areas.
Moreover, the area at the southeastern edge of the City of Camarillo ... makes for a particularly important and sensitive area .... Accordingly, the citizens hereby find that a direct democracy involvement in that area would be beneficial to the community as a whole, and so by this measure create the "Conejo Creek Voter Participation Area." Enhanced public notice of changes to the Agriculture designation within that area is necessary to ensure the continued public involvement in decisions affecting that important area.
Section 6. Implementation
A. The City of Camarillo has established the Camarillo Urban Restriction Boundary (CURB). The CURB is established coterminous with and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it existed as of January 1, 1998 or as altered as set forth below, excepting that the CURB line additionally encompasses: i) that certain parcel of approximately 140 acres immediately outside the western edge of the influence line south of the 101 Freeway easterly of and at the intersection of Central Avenue and Easterly of the Greenbelt line in that general location, currently designated commercial/office on the Camarillo General Plan Map, and for which a request for annexation was pending prior to January 1, 1998; and ii) that certain parcel of approximately 300 acres immediately outside of the City's sphere of influence line that is located south of Pleasant Valley Road, east of Calleguas Creek, north of the westerly extension of Howard Road and West of Pancho Road.
B. Until December 31, 2050, the City of Camarillo shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Camarillo Urban Restriction Boundary, except as provided herein and except for the purpose of completing roadways designated in the circulation element of the Camarillo General Plan as of April 23, 2014, and as it may be amended hereafter, construction of public water or sewer facilities, additions to public schools already in existence or new public schools as deemed necessary and appropriate by the state agency with responsibility for such decisions, public parks or other government facilities and projects deemed necessary by the City Council for public safety or the delivery of essential public services. Other than the exceptions provided in this Chapter 3.0, the City and its departments, boards, commissions, officers and employees shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, conditional use permit, building permit or any other ministerial or discretionary entitlement, which is inconsistent with the purposes of this Chapter 3.0, unless in accordance with the Amendment Procedures of the Chapter 3.0
"Urbanized uses of land" shall mean any development which would require the establishment of new community sewer systems or the significant expansion of existing community sewer systems, or would result in the creation of residential lots less than 10 acres in area, or would result in the establishment of commercial or industrial uses which are neither agriculturally-related nor related to the production of mineral resources. ....
Section 7. Amendment Procedures
Until December 31, 2050, the foregoing purposes, principles and implementation provisions of this Chapter 3.0 may be amended only by a vote of the people commenced pursuant to state statute, the ordinance process by the public, or pursuant to the procedures set forth in subsections A, B, C or D below. ...
A. Following at least one public hearing for presentations by an applicant and the public, and after compliance with the California Environmental Quality Act, the City Council may, without a vote of the people, amend either the Urban Restriction Boundary ... or permit change (to) the land use designation within the Conejo Creek voter Participation Area in order to comply with state law regarding the provision of housing for all economic segments or the community. For that purpose, the City Council may amend the General Plan, and/or the Urban Restriction Boundary ... or change the land use designation in the Conejo Creek voter Participation Area ... in order to accommodate lands to be designated for residential uses, provided that no more than 40 acres of land be so re-designated for this purpose in any calendar year. Such amendment may be adopted only if the City Council makes each of the following findings:
1) The land is immediately adjacent to existing compatibly developed areas ....
2) That the propose development will address the creation of housing most necessary to achieve a balance in its Regional Housing Needs Assessment, e.g. create new low- and very low income housing; and
3) That there is no existing residentially designated land available within the Urban Restriction Boundary to accommodate the proposed development; and
4) That it is not reasonably feasible to accommodate the proposed development by re-designating lands located within the Urban Restriction Boundary.
B. Following at least one public hearing for presentations by an applicant and the public, and after compliance with the California Environmental Quality Act, the City Council may amend the General Plan's Camarillo Urban Restriction Boundary described herein ... or the land use designation with the Conejo Creek Voter Protection Area ... based on substantial evidence in the record, if the City Council makes each of the following findings:
1) The land proposed for General Plan amendment is immediately adjacent to areas developed in a manner compatible to the proposed use;
2) Adequate public services and facilities are available and have the capacity and capability to accommodate the proposed use;
3) The proposed use will not have direct, indirect, or cumulative adverse significant impacts to the area's agricultural viability, habitat, scenic resources, or watershed value.
4) The proposed use will not adversely affect the stability of land use patterns in the area (i.e., the parcel affected will not introduce or facilitate a use that is incompatible with adjoining or nearby uses);
5) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary has not been used for agricultural purpose in the immediately preceding four years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons;
6) The land outside the Camarillo Urban Restriction Boundary proposed for reception of public services or urbanization, or the land within the Conejo Creek Voter Participation Area proposed for General Plan Land Use redesignation does not cumulatively exceed 40 acres for any one landowner in any calendar year ....
7) Not more than a cumulative 80 acres, including the acreage that may be added to meet state housing requirements as set forth in subdivision A, above, are to be added to the area within that Camarillo Urban Restriction Boundary or development allowed ... within the Conejo Creek Voter Participation Area, in any calendar year.
8) Notice of such Proposed Modification is given according to the City's standard notice requirements to neighboring properties ....
C. Following at least one public hearing for presentations by applicant and the public ... the City Council may amend the Urban Restriction Boundary described herein and designated on the amended General Plan Boundaries Map, or may change the General Plan land use designation within the Conejo Creek Voter Participation Area, based on substantial evidence in the record, if the City Council make each of the following findings:
10 Application of the provisions of these amendment procedures are unworkable and failure to amend the Urban Restriction Boundary would constitute an unconstitutional taking of a landowner's property for which compensation would be require; and
2) The amendment and associated land use designations will allow additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property.
D. Following at least one public hearing ... the City Council may place any amendment to this ordinance on the ballot pursuant to the mechanisms provided by state law.
Section 8. Exemptions for Certain Projects
A. This ordinance shall not apply to any development project or ongoing activity that has obtained, as of the effective dte of this initiative, a vested right pursuant to state or local law.
B. This initiative shall not be interpreted to apply to any land or use that, under state or federal law, is beyond the power of the local voters to affect by the initiative power reserved to the people via the California Constitution. Nothing in this ordinance shall be applied to preclude the City's compliance with state laws governing second units or the use of density bonuses where authorized by state law.
C. The provisions of this Chapter 3.0 relating to lands outside the CURB or within the Conejo Creek Voter Participation Area, do not apply toany roadways designated in the circulation element of the Camarillo General Plan as of April 23, 2014, and as it may be amended hereafter, construction of public water or sewer facilities, additions to public schools already in existence or new public schools as deemed necessary and appropriate by the state agency with responsibility for such decisions, public parks or other government facilities or projects deemed necessary by the City Council for the public safety or for the delivery of essential services.