AGENDA
CITY OF WATSONVILLE
SPECIAL CITY COUNCIL MEETING
Working with our community to create positive impact through service with heart.
Values: Teamwork, Integrity, Honesty, Service and Respect Mayor Ari Parker, District 7
Eduardo Montesino, Mayor Pro Tempore, District 1
Vanessa Quiroz-Carter, Council Member, District 2
Lowell Hurst, Council Member, District 3
Francisco Estrada, Council Member, District 4
Rebecca J. Garcia, Council Member, District 5
Jimmy Dutra, Council Member, District 6
Tamara Vides, City Manager Pro Tempore
Samantha W. Zutler, City Attorney
Irwin I. Ortiz, City Clerk
Location:
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Anyone addressing the City Council is asked to fill out a speaker card and leave it at the podium for recording purposes
IF YOU CHALLENGE ANY ACTION APPEARING ON THIS AGENDA IN
COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR
SOMEONE ELSE RAISED AT THE PUBLIC MEETING DESCRIBED ON THIS
AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERK PRIOR TO, OR AT, THE PUBLIC MEETING.
Americans with Disabilities Act
The Council Chambers is an accessible facility. If you wish to attend a meeting and you will require assistance in order to attend and/or participate, please call the City Clerk's Office at least three (3) business days in advance of the meeting to make arrangements. The City of Watsonville TDD number is (831) 763-4075.
For information regarding this agenda, please call the City Clerk's Office at (831) 768- 3040
CITY OF WATSONVILLE
SPECIAL CITY COUNCIL MEETING
Location:
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Thursday, June 30, 2022, 4:00 p.m.
Pages
NOTE: Pursuant to Government Code Section 54953(b) Member Dutra will be attending the Council meeting via telephone from: 346 Carlton Road, Watsonvillle, CA 95076Tel: 831-768-3044
1. ROLL CALL
1.a. MOTION TO EXCUSE ABSENT COUNCIL MEMBER(S) (If any)
2. PUBLIC HEARINGS, ORDINANCES, & APPEALS
2.a. ORDERING AN ELECTION, PLACING A MEASURE TO AMEND THE WATSONVILLE 2005 GENERAL PLAN TO AMMEND THE WATSONVILLE
URBAN LIMIT & APPROVING SETTLEMENT AGREEMENT WITH
PROPONENTS
3 1) Staff Report by Principal Planner Orbach
2) City Council Clarifying & Technical Questions
3) Public Comments
4) Motion
5) City Council Deliberation on Motion
6) Resolution Ordering an Election, placing a Measure to Amend the Watsonville 2005 General Plan to Impose Certain Restrictions on Subsequent Amendments as Provided in the City Modified Initiative on the November 8, 2022 Ballot, and All Attendant Actions
7) Resolution Approving Settlement Agreement between City and Committee for the Planned Growth and Farmland Development Initiative
3. EMERGENCY ITEMS ADDED TO AGENDA
4. REQUESTS & SCHEDULING FUTURE AGENDA ITEMS
5. ADJOURNMENT
This agenda was posted in accordance with the California Brown Act. The agenda packet can be accessed on the City of Watsonville website at https://www.cityofwatsonville.org/2123/City-Council-Agendas-Minutes and available for public inspection in the City Clerk’s Office (275 Main Street, 4th Floor) during normal business hours). Any materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet will be made available to the public in accordance with Government Section 54957.5.
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C:\Program Files\eSCRIBE\TEMP\18553739538\18553739538,,,Urban Limit Line Staff Report.docx Agenda Report
MEETING DATE: Thursday, June 30, 2022
TO: City Council
FROM: CITY MANAGER PRO TEMPORE VIDES
Matt Orbach, Principal Planner
SUBJECT: ORDERING AND ELECTION, PLACING A MEASURE TO AMEND THE WATSONVILLE 2005 GENERAL PLAN TO AMMEND THE
WATSONVILLE URBAN LIMIT
STATEMENT OF ISSUES:
On March 8, 2022, the City Council adopted Resolution No. 49-22 (CM), ordering the placement of the Watsonville Planned Growth and Farmland Protection Initiative (“Committee Initiative”) on the November 8, 2022, General Election ballot. The Committee Initiative would restrict the community’s ability to determine where future commercial development should occur.
Since that time, City staff and proponents have negotiated to arrive at a revised ballot measure, (“City Modified Initiative”) which would extend the existing urban limit line established under Measure U to 2040, with an exception for annexation of 320 Lee Road (APN: 052-271- 04), subject to community input, if the City Council can make certain findings.
RECOMMENDED ACTION:
1. Adopt a Resolution Ordering an Election, placing a Measure to Amend the Watsonville 2005 General Plan to Impose Certain Restrictions on Subsequent Amendments as Provided in the City Modified Initiative on the November 8, 2022 Ballot, and All Attendant Actions.
2. Adopt a Resolution Approving Settlement Agreement between City and Committee for the Planned Growth and Farmland Development Initiative.
BACKGROUND:
On June 3, 2021, Amy Newell, Betty Bobeda, and Peter Navarro (“Proponents”) filed a Notice of Intent to Circulate a Petition to amend the City of Watsonville General Plan, primarily to the City’s Urban Limit Line (ULL), set by Measure U, approved by the voters in 2002. The initiative as proposed would prevent changes to the ULL, as established by the former Measure U, through the year 2040.
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C:\Program Files\eSCRIBE\TEMP\18553739538\18553739538,,,Urban Limit Line Staff Report.docx The proponents submitted the required signatures on December 13, 2022. Santa Cruz County Clerk Tricia Webber confirmed the sufficiency of the petition on January 19, 2022, certifying the petition was sufficient with 2,411(10%) valid signatures.
On February 8, 2022, pursuant to California Elections Code Section 9114, the Council accepted the City Clerk’s certification of the examination of the results. On March 8, 2022, the City Council adopted Resolution No. 49-22 (CM), ordering the placement of the Watsonville Planned Growth and Farmland Protection Initiative on the November 8, 2022, General Election ballot.
Since that time, City staff and Proponents have engaged in extensive negotiations regarding the proposed ballot measure. Those negotiations have produced a compromise, wherein: 1) Proponents will withdraw their ballot measure; 2) City will place a measure on the ballot, supported by Proponents, that extends the ULL to 2040, but allows the City Council to, upon making certain findings and subject to community input, annex and approve the development of the property located at 320 Lee Road.
DISCUSSION:
While the ULL Initiative includes exceptions for annexation for residential development under certain circumstances, it does not allow development for any commercial purposes. The EPS analysis of the ULL Initiative found that creating strategic growth areas at the urban edge could support new economic development opportunities, including a potential visitor-serving development at the intersection of Highway 1 and State Route 129. This strategic growth area, 320 Lee Road, was also specifically called out in the MOU between the City of Watsonville, County of Santa Cruz, and the California Coastal Commission, stating that “the parties understand that the City reserves the right , consistent with all applicable requirements, to pursue the potential annexation of only one additional parcel, identified as ‘Green Farm’ , (APN 052-271-04).”
After the March 8, 2022, City Council meeting, City staff reached out to the ULL Initiative proponents to explore alternatives to the ULL Initiative. Since that time, staff has engaged in extensive negotiations with the Proponents. The parties have arrived at a compromise measure, which is the subject of today’s action. The compromise measure allows the City Council, upon making certain findings and subject to community input, to annex the property at 320 Lee Road.
The required findings are:
1. The proposed use of the property is consistent with the policies of the General Plan;
2. Adequate infrastructure and services can be provided to the property;
3. The proposed use will foster and protect the unique agricultural character of Watsonville;
4. The proposed use will encourage efficient growth patterns and protect the quality of life in Watsonville;
5. The proposed use has the potential to generate revenue for the City of Watsonville.
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C:\Program Files\eSCRIBE\TEMP\18553739538\18553739538,,,Urban Limit Line Staff Report.docx
6. Proposed uses could include a mix of commercial and residential;
7. Developing the property is consistent with the City’s goal of balanced growth; and
8. The proposed use provides an opportunity to improve an important agricultural gateway to the City of Watsonville.
Staff also recommends the Council approve a settlement agreement between the City and the Proponents, which memorializes the parties’ agreement.
STRATEGIC PLAN:
Extending the Urban Limit Line established by Measure U, approved by the voters, would affect available land for development and expansion, ultimately affecting each Strategic Plan Goal: 1-Housing, 2-Fiscal Health, 3-Infrastructure & Environment, 4-Economic Development, 5-Community Engagement & Well-Being, 6-Public Safety, 7-Efficient and High Performing Government.
3-Infrastructure & Environment
4-Economic Development
5-Community Engagement & Well-Being
6-Public Safety
7-Efficient and High Performing Government
FINANCIAL IMPACT:
The Council has already approved $80,000 for the November 8, 2022, municipal election. No additional cost would be incurred with the addition of the measure to the ballot.
ALTERNATIVE ACTION:
The City Council could decline to adopt the resolution.
The City Council could direct staff to prepare a counter measure that extends the existing urban limit line established under Measure U to 2040, but allows the Council to decide, during the General Plan amendment process, to annex any property, subject to community input, and upon making the above findings.
ATTACHMENTS AND/OR REFERENCES (If any):
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING THE SETTLEMENT AGREEMENT
BETWEEN THE COMMITTEE FOR THE PLANNED GROWTH AND
FARMLAND DEVELOPMENT INITIATIVE AND THE CITY OF
WATSONVILLE, DATED JUNE 29, 2022, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER PRO TEMPORE TO EXECUTE
THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the Settlement Agreement between the Committee for Planned Growth and Farmland Protection and the City of Watsonville (the “Settlement”), a copy of which is attached hereto as Exhibit A, and incorporated herein by this reference, is fair, equitable, and is hereby approved.
2. That the City Manager Pro Tempore be and is hereby authorized and directed to execute such Settlement, in the form attached hereto, with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney.
********************************************
1 SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is by and among the City of Watsonville (the “City”) and the Committee for Planned Growth and Farmland Protection (“Committee”). The City and Committee are collectively referred to as “Parties” below. The Parties enter into this Agreement for the purpose of achieving a compromise regarding the Watsonville Planned Growth and Farmland Protection Initiative pursuant to Elections Code sections 9215.5 and 9604.
RECITALS
A. On December 13, 2021, Amy Newell, Betty Bobeda, and Peter Navarro submitted to the Watsonville City Clerk signed initiative petition sections in support of the Watsonville Planned Growth and Farmland Protection Initiative (“Committee Initiative”).
B. The City Clerk notified the Committee on January 20, 2022, that the Committee Initiative contained valid signatures from more 10 percent of the registered voters of the City, and therefore qualified for placement on the ballot.
C. At its regular meeting on March 8, 2022, the City Council of the City of Watsonville ordered the Committee Initiative to be placed on the ballot for the November 8, 2022, election.
D. The Committee Initiative, if adopted, would amend the City’s General Plan to keep in place the existing Urban Limit Line through 2040, with minor modifications.
E. The City seeks a substantive modification to the Committee Initiative to allow the City to annex the property at 320 Lee Road, upon certain specified findings by the Council, subject to community input, and consistent with the MOU between the City of Watsonville, County of Santa Cruz, and the California Coastal Commission, in which the City of Watsonville reserved the right to pursue potential annexation of 320 Lee Road (APN 052-271-04).
F. Elections Code section 9604 provides that “any person may engage in good faith bargaining between competing interests to secure legislative approval of matters embraced in a statewide or local initiative …”
G. Elections Code section 9215.5 allows the proponents of an initiative to withdraw the initiative at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official.
H. The Parties seek to take advantage of these Elections Code provisions in order to place a modified version of the Committee Initiative on the November 8, 2022 ballot, that allows the City to annex the property at 320 Lee Road without a vote of the people, but otherwise keeps in place the substantive provisions of the Committee Initiative (“City Modified Initiative,” attached as Exhibit A)
2 AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and promises set forth in this Agreement, and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree to all of the following conditions and terms:
1. June 30, 2022 City Council meeting
At its June 30, 2022, meeting, the City Council will consider placement of the City Modified Initiative on the ballot. If the City Council places the City Modified Initiative on the November 8, 2022, ballot, the Parties agree to take further actions as set forth below. If the City Council does not place the City Modified Initiative on the November 8, 2022, ballot, or places a different version of the City Modified Initiative on the November 8, 2022, ballot, this Agreement shall be of no further force and effect. If the City Council places the City Modified Initiative on the ballot, it shall file any notice of exemption pursuant to CEQA no later than July 1, 2022.
2. Commitment Not to Withdraw
Once the City Modified Initiative is placed on the November 8, 2022, ballot, the City agrees not to withdraw it without the Committee’s consent, or as permitted in Section 3 of this Agreement.
3. Withdrawal of the Committee Initiative
Unless the City Modified Initiative is challenged in any court, the Committee agrees to withdraw the Committee Initiative pursuant to Elections Code section 9215.5 no later than August 8, 2022. If the City Modified Initiative is challenged in any court prior to August 8, 2022, the Committee may elect to have the Committee Initiative remain on the ballot in its sole and absolute discretion. If the Committee elects to have the Committee Initiative remain on the ballot, the City may withdraw the City Modified Initiative, without consent of the Committee, and place a counter measure to the Committee Initiative on the ballot, pursuant to Elections Code section 9221. The City shall provide written notice to the Committee’s counsel of service of any intent to sue or lawsuit within one business day.
4. Endorsement for the City Modified Initiative
If requested by the Committee at a public meeting, the City Council will consider endorsement of the City Modified Initiative at a publicly noticed Council meeting.
5. Ballot Arguments
The Committee for Planned Growth and Farmland Protection, shall file a written argument for the Initiative pursuant to Elections Code section 9282(b) and any necessary rebuttal argument. They may be joined by other individual voters eligible to vote on the measure or bona fide association of citizens, if desired by the Committee.
3 6. Notice
Any notice related to this Agreement shall be sent by both email and mail to a physical address, per below. The Parties shall give notice in writing to the other Parties of a change of address to which notices should be sent.
To Counsel for KWW:
Sara Clark
Shute, Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102
(415) 552-7272
[email protected]
To City:
Samantha W. Zutler
Burke, Williams & Sorensen, LLP
1 California Street
Suite 3050
San Francisco, CA 94111
7. General Provisions
(a) Effective Date. This Agreement shall be binding and effective as of the date that the last Party executes it.
(b) Good Faith. The Parties shall cooperate in good faith to timely effectuate the terms and conditions of this Agreement, including execution of any additional documents required to be signed.
(c) Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties. This Agreement may be amended or modified only by a written instrument executed by all Parties.
(d) Severability. The invalidity of any portion of this Agreement shall not invalidate the remainder.
(e) Agreement Admissible. The Parties agree that this Agreement is admissible as evidence in any action to enforce this Agreement.
(f) Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors, heirs, administrators, and assigns.
(g) Counterparts. This Agreement may be executed in one or more counterparts (including multiple signature pages), and may be signed and exchanged by facsimile or by email.
4 Committee for Planned Growth and
Farmland Protection
Dated: __________, 2022 By:
Amy Newell
Date: ____________, 2022 By:___________________________ Betty Bobeda
Date: _____________, 2022 By:___________________________ Peter Navarro
APPROVED AS TO FORM BY:
Dated: _______, 2022
SHUTE, MIHALY & WEINBERGER LLP
By:
Sara A. Clark
Attorneys for Committee for Planned
Growth and Farmland Protection
CITY OF WATSONVILLE
Dated: _____________, 2022 By:
Tamara Vides, City Manager Pro Tempore
APPROVED AS TO FORM BY:
Dated: ______________, 2022 By:
Samantha W. Zutler
City Attorney
1528333.3
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ORDERING AN ELECTION ON NOVEMBER 8, 2022 TO SUBMIT TO THE VOTERS CITY MODIFIED INITIATIVE; REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ
TO CONSOLIDATE THE ELECTION REGARDING THE ORDINANCE
WITH THE NOVEMBER 8, 2022 GENERAL ELECTION AND TO PERMIT
THE SANTA CRUZ COUNTY ELECTIONS DEPARTMENT TO CONDUCT
SAID ELECTION; DIRECTING THE CITY CLERK TO TAKE ALL
NECESSARY ACTIONS AND COORDINATE WITH THE COUNTY OF
SANTA CRUZ TO ENSURE PLACEMENT OF THE ORDINANCE ON THE
NOVEMBER 8, 2022 BALLOT; AUTHORIZING THE CITY MANAGER TO
REIMBURSE THE COUNTY OF SANTA CRUZ FOR THE COSTS TO
CONDUCT THE ELECTION; DIRECTING THE ADMINISTRATIVE
SERVICES DIRECTOR TO PREPARE AN IMPARTIAL FISCAL
ANALYSIS; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, on December 13, 2021, the Watsonville City Clerk received a signed initiative petition in support of the Watsonville Planned Growth and Farmland Protection Initiative (“Planned Growth and Farmland Protection Initiative”); and WHEREAS, on January 20, 2022 the City Clerk subsequently confirmed that the Planned Growth and Farmland Protection Initiative contained valid signatures from more than 10% of the registered voters of the City, and thus, qualified for placement on the ballot; and
WHEREAS, on March 8, 2022, the City Council adopted Resolution 49-22 Ordering the Submission to the Qualified Electors of the City a Measure to Amend Watsonville 2005 General Plan to Impose Certain Restrictions on Subsequent Amendments as Provided in Watsonville Planned Growth & Farmland Protection Initiative; Requesting Board of Supervisors of the County of Santa Cruz to Consolidate Election Regarding the Initiative with the November 8, 2022, General Election and to Permit the Santa Cruz County Department of Elections to Conduct Said Election; Directing the City Clerk to Take all Necessary Actions & Coordinate with County of Santa Cruz to Ensure Placement of the Initiative on the November 8, 2022 Ballot; Authorizing the City Manager to Reimburse the County of Santa Cruz for Costs to Conduct the Election; & Directing the City Attorney to Prepare an Impartial Analysis; and WHEREAS, Elections Code section 9604 provides that “any person may engage in good faith bargaining between competing interests to secure legislative approval of matter embraced in a statewide or local initiative. . .”; and
WHEREAS, Elections Code section 9215.5 allows proponents of an initiative to withdraw the initiative at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official; and WHEREAS, by Resolution on June 30, 2022, the City Council and the Planned Growth and Farmland Protection Initiative proponents entered into an agreement, whereby the Initiative proponents agreed to withdraw the Planned Grown and Farmland Protection Initiative, upon the City Council’s approval of a resolution to place a modified version of the Planned Growth and Farmland Protection Initiative (“City Modified Initiative”); and
WHEREAS, Elections Code section 9222 permits the legislative body of a city to submit to the voters, without a petition therefore, a proposition for the amendment of any ordinance to be voted on at any succeeding regular election; and WHEREAS, the City Council of the City of Watsonville intends to submit the City Modified Initiative to the voters on November 8, 2022; and WHEREAS, the County of Santa Cruz will be conducting a statewide general election in Watsonville on November 8, 2022; and
WHEREAS, it is in the best interest of the City of Watsonville to consolidate the City election with the County election to be conducted on November 8, 2022; and WHEREAS, pursuant to Elections Code Section 10002, the governing body of any city may by resolution request the Board of Supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election, subject to the city reimbursing the county in full for the services performed upon presentation of a bill to the city; and
WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a city for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the city shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order the consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and
WHEREAS, the City Council hereby requests the County Clerk of Santa Cruz County provide election services that are normally provided to the City of Watsonville.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF WATSONVILLE DOES HEREBY DETERMINE AS FOLLOWS:
SECTION 1. The City Council hereby calls for an election to be held in the City of Watsonville, California on Tuesday, November 8, 2022, a General Municipal Election at which it shall submit to the qualified voters of the City Modified Initiative attached hereto as Exhibit A.
SECTION 2. Pursuant to Elections Code Sections 10400 and 10403, the City Council hereby orders an election be called and consolidated with any and all elections also called to be held on November 8, 2022 within the same territory. Further, pursuant to Elections Code Section 10002, the City Council hereby requests the Board of Supervisors of the County of Santa Cruz to consolidate the election regarding the Contests with the November 8, 2022 general election and to permit the Santa Cruz County Elections Department to provide any and all services necessary for conducting an election regarding the Contests. The County of Santa Cruz and its staff are authorized and instructed to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and other necessary items in order to properly and lawfully conduct the election; the County of Santa Cruz is authorized to canvass the returns of the election, which shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and the City Council recognizes that additional cost will be incurred by the County of Santa Cruz by reason of the consolidation of the election regarding the Contests with the Statewide election and agrees to reimburse the County of Santa Cruz for any costs that are not reimbursed by the State, and the City Council hereby authorizes the City Manager to pay the County of Santa Cruz for said services in full.
SECTION 3. The City Council of the City of Watsonville acknowledges that the consolidated election shall be held and conducted in the manner prescribed in Elections Code Section 10418.
SECTION 4. The City Council hereby orders the City Clerk and the Santa Cruz County Department of Elections to submit the following questions to the electorate at the November 8, 2022 election:
Ballot Question:
Shall the City of Watsonville maintain the restrictions on growth approved by the voters in 2002, until 2040, with the exception of 320 Lee Road, subject to community input and determination by the City Council that 320 Lee Road is well suited for development that would create local jobs, generate revenue for the City, and improve an important gateway to the City of Watsonville?
Yes ______ No _______
SECTION 5. The City Council hereby orders that the Santa Cruz County Department of Elections print the full text of the City Modified Initiative attached hereto as Exhibit A exactly as filed or indicated on the filed document in the voter information guide for the November 8, 2022 election.
SECTION 6. The City Council hereby directs the City Clerk to (i) publish a notice of elections and synopsis of the measure as required by Elections Code Section 12111; (ii) file certified copies of this resolution, including Exhibits A and B, with the County of Santa Cruz and take other necessary actions to ensure the placement of the Initiative on the November 8, 2022 ballot; and (iii) coordinate with the County of Santa Cruz and take all necessary actions to oversee and certify the November 8, 2022 election process as required by the Elections Code.
SECTION 7. In accordance with California Elections Code Section 9280 and City of Watsonville Municipal Code Section 1-5.01, the City Council directs the City Clerk to transmit a copy of the City Modified Initiative to the City Attorney, who shall prepare an impartial analysis showing the effect on the existing law and the operation of the measure.
SECTION 8. Pursuant to City of Watsonville Municipal Code Section 1-5.01, the City Council directs the Administrative Services Director to prepare an impartial fiscal analysis for the City Modified Initiative.
SECTION 9. In accordance with California Elections Code Section 9282, arguments in favor and against the City Modified Initiative, not exceeding 300 words, shall be filed with the City Clerk no later than 5:00 p.m. on August 19, 2022, signed, with 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 who is the author of the argument.
SECTION 10. California Elections Code section 9285 authorizes the City Council to adopt provisions for the filing of rebuttal arguments at municipal elections; accordingly, when the City Clerk has selected the argument for and against the City Modified Initiative which will be printed and distributed to the voters, the City Clerk shall send a copy of the argument in favor of each of the to the authors of the argument against, and a copy of the argument against to the authors of the argument in favor of the City Modified Initiative immediately upon receiving the arguments. The authors may prepare and submit rebuttal arguments not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. The rebuttal arguments shall be filed no later than 5:00 p.m. on August 26, 2022, accompanied by the printed names and signatures of the persons 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. Rebuttal arguments shall be printed in the same manner as the direct arguments, and rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 11. All previous resolutions providing for the filing of rebuttal arguments for City measures are hereby repealed and the provisions of this resolution providing for the filing of rebuttal arguments regarding the City Modified Initiative shall only apply to the election to be held on November 8, 2022, and shall thereafter be repealed.
SECTION 12. In accordance with California Elections Code Section 9280, the City Council directs the City Clerk to transmit a copy of the City Modified Initiative to the City Attorney, who shall prepare an impartial analysis showing the effect of each measure on the existing law and the operation; the City Attorney’s impartial analysis may not exceed 500 words and shall be filed with the City Clerk no later than 5:00 p.m. on Friday, August 19, 2022.
SECTION 13. The notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 14. Adopting this Resolution, in which the City Council calls for an election, places a measure on the ballot, and takes other necessary actions regarding the election, is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378(a), as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal.
Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment. The ballot measure is not a project because, if approved by the voters, the measure will only extend the current limitations on growth already in place. Any additional action by the City or any other party will be subject to further environmental review.
SECTION 15. In all particulars not recited in this resolution, the election shall be held and conducted as provided by the City of Watsonville Charter and other law for holding municipal elections.
SECTION 16. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE this 30th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
1 Watsonville Planned Growth and Farmland Protection Initiative The people of the City of Watsonville do hereby ordain as follows:
SECTION 1: PURPOSE, EFFECT, AND FINDINGS
A. Purpose: The purpose of the Watsonville Planned Growth and Farmland Protection Initiative (“Initiative”) is to promote stability in long-term planning for the City of Watsonville by extending key features of the Watsonville Urban Limit Line and Development Timing Initiative, otherwise known as the Watsonville Orderly Growth and Agricultural Protection Initiative or Measure U, which added cornerstone policies within the General Plan that establish geographic limits for long-term development while allowing sufficient flexibility within those limits to respond to the City’s changing needs over time.
B. Effect: This Initiative amends the City of Watsonville General Plan to require voter approval for amendments to the City’s existing Urban Limit Line (also referred to as the “ULL”) and related policies, with the exception of 320 Lee Road, until November 3, 2040. The voter approval requirements currently expire on November 1, 2022 or November 1, 2027 depending on the segment of the ULL.
C. Findings: The people of the City of Watsonville find that this Initiative promotes the health, safety, welfare, and quality of life of City residents, based upon the following:
1. In November 2002, City of Watsonville voters approved the Watsonville Urban Limit Line and Development Timing Initiative, otherwise known as the Watsonville Orderly Growth and Agricultural Protection Initiative or Measure U. Measure U defined a new Urban Limit Line for the City and directed the phasing of development within the Urban Limit Line to promote continued economic development and efficient urban growth while sustaining and enhancing the agricultural economy in the City and surrounding region.
Measure U was intended to manage the City’s growth in a manner that fosters and protects the unique character of Watsonville by allowing economic development and residential growth, while protecting and promoting important agricultural, open space, and other natural resource uses.
Likewise, Measure U was intended to encourage efficient growth patterns in Watsonville by concentrating future development largely within or adjacent to existing developed areas with infrastructure and services. 4. The intent of this Initiative is to promote stability in long-term planning for the City of Watsonville by designating appropriate geographical areas for urban development over the next 18 years.
5. Specifically, this Initiative amends the General Plan to extend the voter approval requirement for amendments to the City’s existing Urban Limit Line, related diagrams (Land Use Diagram and Development Planning Areas & Urban Limit Line map), Policies 3.B and 3.C, and Implementation Measures 3.C.1 through 3.C.3 through November 3, 2040. The diagrams,
2 with amendments, are shown in Exhibit A (General Plan Land Use Diagram) and Exhibit B (Development Planning Areas & Urban Limit Line map). The text of Policy 3.B and Implementation Measures 3.C.1 and 3.C.3, with amendments, are provided in Sections 2 and 3 below. Policy 3.C and Implementation Measure 3.C.2 are not amended by this Initiative but are provided for reference in Exhibit C.
6. Land use in the area west of the City is controlled by a Memorandum of Understanding among the City, the County of Santa Cruz, and the California Coastal Commission (“MOU”), provided for reference in Exhibit D. Measure U provided that the MOU’s provisions “govern the City’s planning and development policies” in that area. Measure U also provided that in the event the MOU terminated for any reason, the “Westerly ULL” could not be amended except by a vote of the people or pursuant to another exception until November 1, 2027. This Initiative extends the voter approval requirement to November 3, 2040 and renames the Westerly ULL as ULL Segment 3 but otherwise does not substantively change this provision.
7. Measure U required development in the Buena Vista and Atkinson Lane areas to proceed on a phased schedule. However, these phasing requirements expired in 2010 (Atkinson Lane) and 2016 (Buena Vista), and are therefore obsolete. This Initiative removes these obsolete requirements from the General Plan.
8. Measure U imposed use restrictions on certain areas in the City, and provided that these restrictions could not be amended without a vote of the people until November 1, 2022, or November 1, 2027, depending on the area. This Initiative leaves Measure U’s use restrictions in place, with the exception of 320 Lee Road, and does not extend or otherwise alter the dates after which these use restrictions may be amended by the City Council without voter approval. For clarity, the voter approval requirements for the use restrictions found in amended Implementation Measures 3.G.1 and 3.G.2 are now provided in a new Implementation Measure
3.G.4.
9. To the extent this Initiative does not amend or readopt text or exhibits adopted by Measure U, such text and exhibits may be further amended in accordance with state law.
10. This Initiative directs the development of housing into areas where services and infrastructure can feasibly be provided. This Initiative also includes exceptions to the voter approval requirement for amendments that are necessary to implement state or federal housing law.
SECTION 2: GENERAL PLAN AMENDMENTS
This Initiative hereby amends the Watsonville 2005 General Plan (“General Plan”), as it existed on June 29, 2022 (“Agreement Date”). Text to be inserted in the General Plan is indicated in bold type, and text to be deleted is indicated in strikethrough type. Text in standard type
3 currently appears in the General Plan. The language below may be repealed or amended only by a vote of the people.
1. Implementation Measure 3.C.3, commencing on page 36.1 of General Plan Chapter 3, Growth and Conservation Strategy, is amended, and readopted as amended, as follows:
Amendments to Urban Limit Line and Development Phasing and Related Policies. The Urban Limit Line shown on the Land Use Diagram of the General Plan, the figure map entitled “Development Planning Phasing Areas and Urban Limit Line” and Policies 3.B, and 3.C, and
3.G and their respective Iimplementation measures, 3.B.1 and 2, 3.C.1 through 3.C.3, and 3.G.1 through 3.G.3 (collectively “ULL Maps and Policies”), were adopted by the people of the City of Watsonville through the Watsonville Orderly Growth and Agricultural Protection Initiative and may only be amended by a vote of the people of the City of Watsonville except as follows:
a) The City Council may reorganize, renumber, or reorder the Land Use Diagram, the Development Planning Areas and Urban Limit Line map, Policies 3.B and 3.C, and Implementation Measures 3.C.1 through 3.C.3 the ULL Maps and Policies in the course of regular updates to the General Plan provided that these policies and implementation measures remain in the General Plan.
bd) The City Council may amend the location of the ULL, provided that the amended boundary is inside the limits of the ULL described in Implementation Measure 3.C.1 as established by the Watsonville Orderly Growth and Agricultural Protection Initiative. ce) On or after November 31, 20402027, the City Council may amend the 25-year ULL Segments 1 and 2 shown on the Land Use Diagram of the General Plan, Policies 3.B and 3.C, and Implementation Measures 3.C.1 through 3.C.3and related ULL Maps and Policies. On or after November 1, 2022, the City Council may amend the 20-year ULL and related ULL Maps and Policies. Should the MOU terminate for any reason, the City Council on or after November 31, 20402027, may amend the Westerly ULL Segment 3 and related ULL Maps and Policies, provided, however that earlier Council amendments of the Westerly ULL Segment 3 are permitted where necessary to accommodate public facilities as set forth in Policy Implementation Measure 3.C.1 and the MOU. At the time of such amendments, the City may amend any other provision of the General Plan to conform to the amended ULL Maps and Policies.
d) After November 3, 2040, the ULL shall remain in place and Policies 3.B and 3.C and Implementation Measures 3.C.1 through 3.C.3 shall retain their full force and effect until the City Council amends the General Plan in accordance with state law without a vote of the people.
f) The Land Use Diagram in the General Plan and the other ULL Maps and Policies and related land use designations adopted pursuant to the Watsonville Orderly Growth and Agricultural Protection Initiative may be amended by the Watsonville City Council in their entirety if, within eighteen months of submittal by the City of a complete application (including applicable environmental review documents), the Santa Cruz LAFCO does not amend the Watsonville Sphere of Influence to a configuration substantially corresponding to the ULL.
4 g) The Land Use Diagram in the General Plan and the other ULL Maps and Policies and related land use designations adopted pursuant to the Watsonville Orderly Growth and Agricultural Protection Initiative may be amended by the Watsonville City Council in their entirety if, within one year of submittal by the City of a complete annexation application (including applicable environmental review documents) for land within the ULL that is consistent with the phasing of development and other provisions of Policy 3.G, the Santa Cruz LAFCO does not approve the annexation in a manner substantially corresponding to the application. e) The City Council may amend the location of the ULL, Policies 3.B and 3.C, or Implementation Measures 3.C.1 through 3.C.3 if the City Council determines that doing so is necessary to comply with state or federal law regarding the provision of housing. The City Council may do so only if it first makes each of the following findings based on substantial evidence:
(i) A specific provision of state or federal law requires the City to accommodate the housing that will be permitted by the amendment;
(ii) The amendment permits no greater density than that necessary to accommodate the required housing; and
(iii) An alternative site within the ULL is not available to satisfy the specific state or federal housing law.
f) The City Council may amend the location of the ULL to include the property at 320 Lee Road (APN: 052-271-04), subject to community input and environmental review, if it makes the following findings:
(i) The proposed use of the property is consistent with the policies of the General Plan;
(ii) Adequate infrastructure and services can be provided to the property; (iii) The proposed use will foster and protect the unique agricultural character of Watsonville;
(iv) The proposed use will encourage efficient growth patterns and protect the quality of life in Watsonville;
(vi) The proposed use has the potential to generate revenue for the City of Watsonville. Proposed uses could include a mix of commercial and residential; (vii) Developing the property is consistent with the City’s goal of balanced growth; and
(viii) The proposed use provides an opportunity to improve an important agricultural gateway to the City of Watsonville.
5 2. On page 36.6 of General Plan Chapter 3, Growth and Conservation Strategy, add the following Implementation Measure 3.G.4:
Amendments to Permitted Uses. The permitted uses adopted in Policy 3.G and Implementation Measures 3.G.1 and 3.G.2 were adopted by the people of the City of Watsonville through the Watsonville Orderly Growth and Agricultural Protection Initiative and may only be amended by a vote of the people of the City of Watsonville except as follows:
a) The City Council may reorganize, renumber, or reorder Policy 3.G and Implementation Measures 3.G.1 and 3.G.2 in the course of regular updates to the General Plan provided that these policies and implementation measures remain in the General Plan. b) On or after November 1, 2022, the City Council may amend Implementation Measure
3.G.1 in accordance with state law without a vote of the people. Unless and until the City Council makes any such amendment, Implementation Measure 3.G.1 shall retain its full force and effect.
c) On or after November 1, 2027, the City Council may amend Policy 3.G and Implementation Measure 3.G.2 in accordance with state law without a vote of the people.
Unless and until the City Council makes any such amendment, Policy 3.G and Implementation Measure 3.G.2 shall retain their full force and effect. d) The City Council may amend Policy 3.G or Implementation Measures 3.G.1 and 3.G.2 if the City Council determines that doing so is necessary to comply with state or federal law regarding the provision of housing. The City Council may do so only if it first makes each of the following findings based on substantial evidence:
(i) A specific provision of state or federal law requires the City to accommodate the housing that will be permitted by the amendment;
(ii) The amendment permits no greater density than that necessary to accommodate the required housing; and
(iii) An alternative site is not available to satisfy the specific state or federal housing law.
SECTION 3: CONFORMING AMENDMENTS
The General Plan is further amended as set forth below in order to promote internal consistency among the various sections of the General Plan. Text to be inserted in the General Plan is indicated in bold type. Text to be deleted from the General Plan is indicated in strikeout type.
Text in standard type currently appears in the General Plan and is not changed or readopted by this Initiative. The language adopted in the following amendments may be further amended as appropriate without a vote of the people, during the course of further updates and revisions to the General Plan, so long as such amendments are consistent with the Initiative including Implementation Measures 3.C.3 and 3.G.4.
6 A. The text in the second full paragraph of page 30, appearing under the heading “Urban Limit Line and Greenbelt” in General Plan Chapter 3, Growth and Conservation Strategy, is amended as follows:
The Urban Limit Line is shown on the land Use Diagram and Development Planning Areas and Urban Limit Line map. This Urban Limit Line was adopted by a vote of the people of Watsonville and, with certain exceptions described in Implementation Measure 3.C.3 of this Plan, cannot be amended except by a vote of the people until on or after November 13, 20272040, for the 25-year Urban Limit Line and, should that Memorandum of Understanding (MOU) terminate, the westerly Urban Limit Line, and until on or after November 1, 2022, for the 20-year Urban Limit Line.
B. Policy 3.B, commencing on page 34 of General Plan Chapter 3, Growth and Conservation Strategy, is amended as follows:
The City mayshall pursue annexation of undeveloped and underdeveloped land between the City limit boundary and Urban Limit Line (ULL) where necessaryin phases to allow efficient expansion of urban infrastructure and promote development of lands within existing urban areas before development of lands in outlying areas. The segments of the ULL are defined in Implementation Measure 3.C.1 and shown in the General Plan Land Use Diagram. The City shall not initiate annexation applications to LAFCO or adopt rezoning ordinances for urban development unless the annexation or rezoning would be consistent with the phasing policies in Implementation Measure 3.G.2; provided that, to the extent then applicable State law allows for simultaneous LAFCO approval of annexation of multiple areas subject to phasing conditions, the City may pursue such multiple annexations provided that the phasing is consistent with this policy. Except as provided in Implementation Measure 3.C.3, the City shall not initiate any annexation of land: (1) beyond the 25-year ULL Segments 1 or 2 until on or after November 13, 20272040; (2) beyond the 20-year ULL until on or after November 1, 2022; or (32) beyond the westerly ULL Segment 3 as long as the Memorandum of Understanding between the City of Watsonville, Santa Cruz County, and the Coastal Commission (City of Watsonville Resolution 69-00 (CM), adopted March 14, 2000 (“MOU”)) remains in effect. Should that MOU terminate for any reason, the City shall not initiate annexations of land beyond the westerly ULL Segment 3 until on or after November 3, 20402027 except as required to accommodate public facilities described in the MOU.
C. Implementation Measure 3.C.1, commencing on page 35 of General Plan Chapter 3, Growth and Conservation Strategy, is amended as follows:
Urban Limit Line Location - The Urban Limit Line has been delineated through the cooperative efforts of interested individuals and organizations and adopted by vote of the people of the City of Watsonville through the Watsonville Orderly Growth and Agricultural Protection Initiative.
The specific location represents a shared vision, taking into account and balancing agricultural and open space lands preservation, economic development and stability, environmental integrity, and social equity. The location of the Urban Limit Line is based on practical considerations such as: the size of parcels, location of lot lines, existing development at urban densities, environmentally sensitive areas; and other natural features such as the Corralitos Creek,
7 Salsipuedes Creek, Pajaro River, sloughs, and topography. The Urban Limit Line consists of three segments as follows:
ULL Segment 1Twenty Year ULL. Until on or after November 31, 20402022, the 20 Year ULL Segment 1 may not be amended except by vote of the people or as provided in Implementation Measure 3.C.3. This segment of the ULL is in two parts and located as follows:
The first part of ULL Segment 1 commences near the most southwesterly corner of APN: 015- 211-03, at the intersection of the north side of Highway 1 and City limits; then northwesterly along the north boundary of Highway 1 approximately 850 feet to a point where Larkin Valley Road leaves Highway 1 in a northerly direction; then northwesterly along Larkin Valley Road, to the intersection with Buena Vista Road; then northwesterly along Old Adobe Road to the most westerly corner of APN: 49-171-07; then leaving Old Adobe Road, northeasterly in a straight line to the northerly corner of APN: 49-171-21 (where the said line intersects with Calabasas Road); then northwesterly along Calabasas Road to the most westerly boundary of APN: 49-511- 03; then northeasterly along said boundary ±700′ to the top of a ridge (identified as contour elevation 180 feet in the most recent applicable quadrant of the United States Geological Survey map); then southeasterly along the top of said ridge (said ridge runs parallel with Calabasas Road, more or less) to a point where said ridge line intersects the northwesterly boundary of APN: 49-181-19; then northeasterly along said northwesterly boundary to Freedom Boulevard at a point on Freedom Boulevard where said APN: 49-181-19 intersects the southerly right-of-way of Freedom Boulevard at which point the initial segment of the 20-year ULL Segment 1 ceases and the 25-year ULL Segment 2 commences.
The second part of the 20-year ULL Segment 1 commences at a point at the northerly intersection of the present City limits and East Lake Avenue, then southeasterly along existing City limits, to the northeasterly corner of Lot 578, Tract 719 Bay Village No. 6 (64 Maps at Page 47, Santa Cruz County Records); then easterly and southerly around the extension of the property described in Santa Cruz County Local Agency Formation Commission Resolution 883 (Village Associates/Delta Way Reorganization) to the most easterly corner of Lot 143, Tract 721, Pajaro Village Sub. No. 2 (64 Map, Page 13); then southeasterly along existing City limits to Salsipuedes Creek; then generally southerly and westerly along the City limits to its intersection of West Beach Street and Lee Road, where it ends (hereafter referenced as “20 Year ULL Segment 1”).
ULL Segment 2Twenty-five Year ULL. Until on or after November 31, 20402027, the 25-year ULL Segment 2 may not be amended except by vote of the people or as provided in Implementation Measure 3.C.3. This segment of the ULL is located as follows:
Commencing at the most northerly corner of APN: 49-181-19; then southeasterly along Freedom Boulevard to its intersection with the City limits; then, northeasterly along said City limits to the intersection of Corralitos Creek and Airport Boulevard; then along said Corralitos Creek to Green Valley Road; then northerly following the City limits, along Green Valley Road, to Holohan Road; then easterly, following the City limits, along Holohan Road to the most easterly corner of APN 19-861-23; then southerly along the easterly boundary of APN 19-861-23 and its extension along the City limits to its intersection with Corralitos Creek; then easterly along Corralitos Creek to the northeastern comer of APN: 19-241-23; then easterly along the
8 northeastern boundary of APN: 48-231-01, the northern boundary of APN: 48-231-17 and approximately 446 feet along the northwestern boundary of APN: 48-231-18 to a point; then southerly, approximately 870 feet across APN: 48-231-18 to the northernmost point on APN: 48- 251-09; then easterly and southerly along the easterly boundary of APN: 48-251-09 to the City limits; then continuing easterly and northerly along the City limits to the intersection of East Lake Avenue and Coleman Avenue (hereafter referenced as “25-year ULL Segment 2”).
Westerly ULL Segment 3. This segment of the ULL constitutes the Eastern boundary of an area that currently remains undeveloped as specified by a Memorandum of Understanding between the City of Watsonville, Santa Cruz County, and the Coastal Commission (approved by City of Watsonville Resolution 69-00 (CM), adopted March 14, 2000, hereafter referenced as “MOU”).
The MOU was adopted to minimize conflicts between agricultural and urban land uses by establishing a stable westerly city boundary separating urban and rural areas. As long asat this MOU remains in effect, its provisions govern the City’s planning and development policies in the area west of the Westerly ULL Segment 3 (Development Phasing Area G on the Development Planning Areas and Urban Limit Line map). Should theat MOU terminate for any reason, the Westerly ULL Segment 3, nonetheless, may not be amended until on or after November 31, 20402027 except by a vote of the people or as provided in Implementation Measure 3.C.3 or for public facilities described in the MOU. This segment of the ULL is located as follows:
Commencing at the point on the City limits at the intersection of West Beach Street and Lee Road; then, along said City limits southerly, westerly and northerly to a point on Highway 1; then crossing Highway l to a point on the northeastern side; then westerly along Highway 1 approximately ±1,000 feet to a point on the City limits and Highway I; then generally northwesterly to the intersection of Highway 1 and the extension of Larkin Valley Road (hereafter referenced as “Westerly ULL Segment 3”).
D. Policy 3.G, commencing on page 36.5 of General Plan Chapter 3, Growth and Conservation Strategy, is amended as follows:
Policy 3.G Use RestrictionsDevelopment Phasing
In order to provide coordinated and comprehensive planning, actual development shall proceed subject to the use restrictionsaccording to the phasing schedule for the area or in the specific plan identified for each the area.
E. Implementation Measure 3.G.1, commencing on page 36.5 of General Plan Chapter 3, Growth and Conservation Strategy, is deleted as follows:
Specific Plan Approval – The following areas, shown in Figure 4-11, shall require a specific plan approval prior to, or concurrent with, subdivision or other development approvals. Areas include:
Buena Vista I, II, and III
Atkinson Lane
9 F. Implementation Measure 3.G.2, commencing on page 36.5 of General Plan Chapter 3, Growth and Conservation Strategy, is renumbered as Implementation Measure 3.G.1 and is amended as follows:
Phasing of Development and Permitted Uses (Through November 1, 2022, Voter Approval Required to Amend) – The City shall include provisions in applicable development approvals to phase development of the lands shown on the Development Planning Areas and Urban Limit Line map shall be subject to the uses described below. map immediately following Section 3.G.2 (“Development Phasing Areas and Urban Limit Line”) in the manner described below.
Area A, Buena Vista, lies within the ULL and shall be processed for development in phases as follows:
Uses in Area A, Buena Vista I, shall be may be processed for development as soon as possible following completion of a specific plan calling for primarily residential uses, with some neighborhood commercial, light industrial, schools, open space and parks.
No final map for Buena Vista II may be recorded until after 2016, or after final maps have been recorded for fifty percent of the residential units in Buena Vista I, whichever is earlier, but in any event not before January 2010 and following completion of a specific plan.
No final map for Buena Vista III may be recorded until after 2016, or after final maps have been recorded for fifty percent of the residential units in Buena Vista II, whichever is earlier, but in any event not before January 2012 and following completion of a specific plan.
Area B, Atkinson Lane, lies within the ULL. No tentative map shall be approved until after January 1, 2010, and after completion of a specific plan. Uses in this area shall be restricted to residential with a requirement that at least fifty percent of the number of units be deed restricted affordable workforce housing with an emphasis on the housing of agricultural workers. “Affordable” shall mean a category of housing that may be purchased or rented by a household with very low (50% of annual Watsonville median household income (“mhi”)), low (80% mhi), median (100% mhi), moderate (120% mhi), or above moderate (150% mhi) income.
Area C, the area South of Corralitos Creek, lies outside of the ULL, is subject to Annexation Policy 3.B and shall not be subject to planning or processing for development until on or after November 1, 2027.
Area D, the area East of East Lake Avenue, lies outside of the ULL, is subject to Annexation Policy 3.B and shall not be subject to planning or processing for development until on or after November 1, 2022.
Area E, the Villages, lies within the ULL and may be planned and processed for development as soon as possible pursuant to applicable State law and shall be used primarily for senior housing.
Area F, the Manabe/Burgstrom area, lies within the ULL and may be planned and processed for development as soon as possible pursuant to applicable State law. Subject to the Manabe-Ow
10 Business Park Specific Plan, uses in Area F, the Ow area, this area shall be restricted to industrial and other job-generating uses.
Area G, the area west of the Westerly ULL, shall be subject to the MOU. Should that MOU terminate for any reason, the area shall, nonetheless, not be subject to planning or processing for development until on or after November 1, 2027, except for water service, waste water service, leachate lines or other public facilities, as provided in the MOU or as provided in Policy 3.C and related Implementation Measures.
Area H, 320 Lee Road, lies outside of the ULL, and is subject to Annexation Policy 3.B, but may be annexed and developed pursuant to Implementation Measure 3.C.3(f) without a vote of the people.
G. On page 36.6 of General Plan Chapter 3, Growth and Conservation Strategy, add the following Implementation Measure 3.G.2 below renumbered Implementation Measure
3.G.1:
Permitted Uses (Through November 1, 2027, Voter Approval Required to Amend) – The lands shown on the Development Planning Areas and Urban Limit Line map shall be subject to the uses described below.
Uses in Area B, Atkinson Lane shall be restricted to residential with a requirement that at least fifty percent of the number of units be deed restricted affordable workforce housing with an emphasis on the housing of agricultural workers. “Affordable” shall mean a category of housing that may be purchased or rented by a household with very low (50% of annual Watsonville median household income (“mhi”)), low (80% mhi), median (100% mhi), moderate (120% mhi), or above moderate (150% mhi) income.
H. The text in the first paragraph of page 11, appearing under the heading “Chapter 3 – Growth and Conservation Strategy” in General Plan Chapter 1, Executive Summary, is amended as follows:
This chapter focuses on Watsonville’s growth strategy with respect to the surrounding region.
Three planning boundaries - the Watsonville Planning Area, the urban limit line, and the Sphere of Influence - and related policies are used to plan future growth. In addition to these boundaries, measures to address the pace and phasing of growth include: a requirement for specific plans, each of which contains its own development phasing schedule for newly annexed areas.
Measures calling for the specific plans are listed in chapters 3 and 4.
I. The text in the second bullet point on page 11, appearing under the heading “Chapter 3 – Growth and Conservation Strategy” in General Plan Chapter 1, Executive Summary, is amended as follows:
Provide for a moderate and orderly pace of urban development that respects existing community character and provides for a clear separation between urban and agricultural land uses
11 J. The text in the fourth paragraph on page 11, appearing under the heading “Chapter 3 – Growth and Conservation Strategy” in General Plan Chapter 1, Executive Summary, is amended as follows:
The planned number of dwelling units per acre (density) is the highest in Santa Cruz County.
Urban development and provision of jobs, housing, parks, and educational facilities are planned for land within expanded city boundaries to avoid "leapfrog" development. In this way, urban services, such as water and sewer, can be delivered to residents at the lowest possible cost and agricultural land is preserved to the maximum extent feasible. The dense pattern of development within city boundaries supports the preservation of agricultural land and open space beyond the urban limit line. Less dense development of the city would require encroachment into lands beyond this proposed boundary.
K. The following text is inserted under the heading “Agricultural Lands” on page 114 of General Plan Chapter 9, Environmental Resources Management:
This section (Agricultural Lands), including Figure 9-1, discusses the City’s Urban Limit Line as it existed in 1994. The City’s Urban Limit Line since has been amended as set forth in Chapter 3.
L. The following text is inserted under the heading “Biological Resources” on page 117 of General Plan Chapter 9, Environmental Resources Management:
This section (Biological Resources), including Figure 9-2, discusses the City’s Urban Limit Line as it existed in 1994. The City’s Urban Limit Line since has been amended as set forth in Chapter 3.
M. The following text is inserted under the first paragraph under the heading “Goals for Environmental Resource Management” on page 121 of General Plan Chapter 9, Environmental Resources Management:
All references to the urban limit line in the goals below are to the Urban Limit Line established by Policy 3.C and Implementation Measure 3.C.1.
N. The following text is inserted under the first paragraph under the heading “Policies and Implementation Measures” on page 122 of General Plan Chapter 9, Environmental Resources Management:
All references to the urban limit line in the policies and implementation measures below are to the Urban Limit Line established by Policy 3.C and Implementation Measures 3.C.1.
O. General Plan Land Use Diagram Amendments:
The General Plan Land Use Diagram is hereby amended as shown in Exhibit A to reflect the changes this Initiative makes to the names of the three ULL segments. Text to be inserted in the Diagram is indicated in bold type. Text to be deleted from the Diagram is indicated in strikeout type. These changes do not affect the location of the ULL, which remains in the same location it was on the Agreement Date. Except for changes shown in bold and strikeout type, the
12 information depicted on Exhibit A is provided for illustrative purposes only and is not amended by this Initiative.
P. General Plan Development Planning Areas & Urban Limit Line Map Amendments:
Measure U adopted the “Development Planning Areas & Urban Limit Line” map for inclusion in the General Plan. However, due to an apparent clerical error, the map is not currently included in the General Plan available from the City. Accordingly, the City is directed to insert the Development Planning Areas & Urban Limit Line map, as amended below, into the General Plan.
The Development Planning Areas & Urban Limit Line map is hereby amended as shown in Exhibit B to reflect the changes this Initiative makes to the names of the three ULL segments and conforming edits to the use restrictions. Text to be inserted in the map is indicated in bold type.
Text to be deleted from the map is indicated in strikeout type. These changes do not affect the location of the ULL, which remains in the same location it was on the Submittal Date. Except for changes to the names of the three ULL segments and conforming edits to the use restrictions, the information depicted on Exhibit B is provided for illustrative purposes only and is not amended by this Initiative.
SECTION 4: IMPLEMENTATION
A. Effective Date: “Effective Date” means the date that the Initiative became effective pursuant to state law.
B. City of Watsonville General Plan: Upon the Effective Date of this Initiative, the provisions of Section 2 and Section 3 of the Initiative are hereby inserted into the City of Watsonville General Plan, as an amendment thereof; 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 in which the Initiative becomes effective, this General Plan amendment shall be the first amendment inserted into the City of Watsonville General Plan on January 1 of the following year. Upon the Effective Date of this Initiative, any provisions of the Municipal Code or of any other City of Watsonville plan, ordinance, or resolution that are inconsistent with the provisions adopted by this Initiative shall not be applied or enforced in a manner inconsistent with this Initiative.
C. Interim Amendments: The City of Watsonville General Plan in effect on the Agreement Date as amended by this Initiative comprises an integrated, internally consistent, and compatible statement of policies for the City of Watsonville. In order to ensure that nothing in this Initiative measure would prevent the General Plan from being an integrated, internally consistent, and compatible statement of the policies of the City, as required by state law, and to ensure that the actions of the voters in enacting this Initiative are given effect, any amendment or update to the General Plan that is adopted between the Agreement Date and the date that the General Plan is amended by this Initiative measure shall, to the extent that such interim-enacted provision is inconsistent with the General Plan provisions adopted by this Initiative, be amended as soon as possible to
13 ensure consistency between the provisions adopted by this Initiative and other provisions of the General Plan.
D. Other City Plans, Ordinances, and Policies: The City of Watsonville is hereby authorized and directed to amend the City of Watsonville General Plan and other ordinances and policies affected by this Initiative as soon as possible and periodically thereafter as necessary to ensure consistency between the provisions adopted in this Initiative and other sections of the General Plan and other City plans, ordinances, and policies.
E. Implementing Ordinances: The City Council is authorized, after a duly noticed public hearing, to adopt implementing ordinances, guidelines, rules, and/or regulations, as necessary, to further the purposes of this Initiative.
F. Enforcement and Defense of Initiative: The City Council shall take all steps reasonably necessary to enforce this Initiative and to defend it against any challenge to its validity. If the Initiative is challenged, Amy Newell, Betty Bobeda, Peter Navarro and/or the Committee for Planned Growth and Farmland Protection, as official proponents and sponsors of the Watsonville Planned Growth and Farmland Protection Initiative (which may be withdrawn pursuant to Elections Code sections 9604 and 9215.5 if this Initiative is placed on the ballot) shall have the right to intervene as Real Parties in Interest to defend the Initiative in any such challenge.
G. Exemptions: The provisions of this Initiative shall not apply to the extent, but only to the extent, that they would violate the constitution or laws of the United States or the State of California. Should any application of the Initiative effect an unconstitutional taking of private property, an exemption is permitted only to the minimum extent necessary to avoid such a taking. Likewise, this Initiative shall not apply to any development project or ongoing activity that has obtained, as of the Effective Date of the Initiative, a vested right pursuant to state law.
SECTION 5: EFFECT OF COMPETING OR ALTERNATIVE MEASURE ON THE
SAME BALLOT
This Initiative amends the City of Watsonville General Plan to require voter approval for amendments to the Urban Limit Line and related policies until November 3, 2040. By voting for this Initiative, the voters expressly declare their intent that any other measure which appears on the same ballot as this Initiative and conflicts with any provision of this Initiative, shall be deemed to conflict with the entire cohesive scheme adopted by this Initiative. Because of this conflict, if this Initiative and any such other City of Watsonville measure receive a majority of votes by the voters voting thereon at the same election, then the measure receiving the most votes in favor shall prevail and no provision of the other measure shall take effect. For the purposes of this Section 5, any other measure that appears on the same ballot as this Initiative and purports to amend any provision of this Initiative shall be deemed to directly conflict with this entire Initiative.
SECTION 6: SEVERABILITY AND INTERPRETATION
14 This Initiative shall be broadly construed in order to achieve its purpose.
This Initiative shall be interpreted so as to be consistent with all applicable federal, state, and city laws, rules, and regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Initiative. The voters hereby declare that this Initiative, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions were declared invalid or unconstitutional. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this Initiative that can be given effect without the invalid application.
Any singular term shall include the plural and any plural term shall include the singular. The title and captions of the various sections in this Initiative are for convenience and organization only, and are not intended to be referred to in construing the provisions of this Initiative.
SECTION 7: AMENDMENT OR REPEAL
Except as otherwise provided herein, this Initiative may be amended or repealed only by a vote of the people of the City of Watsonville.
SECTION 8: EXHIBITS
This Initiative includes exhibits which are attached and made a part of this Initiative:
Exhibit A: City of Watsonville General Plan Land Use Diagram (as amended by the Watsonville Planned Growth and Farmland Protection Initiative)
Exhibit B: City of Watsonville General Plan Development Planning & Urban Limit Line map (as amended by the Watsonville Planned Growth and Farmland Protection Initiative) Exhibit C: City of Watsonville General Plan Policy 3.C and Implementation Measure 3.C.2 (attached for reference purposes only)
Exhibit D: Memorandum of Understanding Regarding the City of Watsonville Local Coastal Plan Amendment 1-99 (attached for reference purposes only)
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