• Creation of an Urban Growth Boundary ("UGB"). The proposed UGB would be coterminous with the Town's Sphere of Influence as established by the Contra Costa county Local Agency Formation Commission as of January 1, 1999. The initiative would require voter approval to move the UGB or to approve a pre-annexation or pre-zoning agreement for land outside of the UGB. The measure contains no further definition of the UGB or of its effects. As proposed in the initiative, the UGB would encompass currently undeveloped land located outside the Town's boundaries. Future development of that land is controlled by Contra Costa County and would not be affected by adoption of the initiative.
• Requiring voter approval of any legislative act of the Town Council approving residential development of ten or more dwelling units. Legislative acts generally include general plan amendments, rezonings and development agreements, but do not include subdivisions and development plans. This provision would apply to specific, individual development applications.
• Requiring voter approval of any legislative act of the Town council increasing the potential maximum number of allowable dwelling units in Town by ten or more. This would apply to general plan amendments of rezonings not associated with a specific development application.
• Requiring voter approval of any legislative act of the Town Council that allows the conversion of more than two acres of contiguous property currently designated in the General Plan as open space, agricultural, park or public/semi-public to any non-open space use.
• Requiring that the costs of any election held to comply with the initiative shall be borne by the person or entity seeking the development approval.
• The initiative would remain in effect for a period of 20 years at which time it would have to be resubmitted to the voters in its entirety. Any amendments to the initiative would have to be approved by the voters of the Town.

This initiative will take effect immediately if adopted by a majority of voters unless a competing measure (Measure S, the Danville Open Space Preservation Initiative) is also adopted by the voters and receives a higher vote total.

Copies of the land use map are available at the City Clerk's office. Phone 314-3388 for information.

Measure R puts a final step in the development approval process. After Planning Commission and Town Council review, Measure R will allow voters to make the final decision on whether new developments are good for Danville and our quality of life. New development proposals will be voted on at most twice per year. Developers pay the cost of the vote, instead of the Town. Measure R lasts for twenty years and is renewable.

Serious problems caused by sprawl development include:

• School crowding
• Nightmare traffic
• Air pollution
• Energy shortages
• Water shortages
• Loss of views

• Does it provide enough school capacity?
• Does it offer local jobs to reduce street congestion?
• Does it offer enough sports fields to support the new residents?
• Does it enhance the character of the Town we love?

Edward Schwarz

Sandra Paiva

Bridgett O'Connor

Karin Hanson

Park Meiter

Measure R doesn't solve problems; it creates them. Asking 26,000 voters to act as the Town's Planning Commission is completely impractical. It is unreasonable to expect thousands of people to tour the site, review detailed development plans, read technical environmental studies, and confirm that proposed mitigation measures are incorporated into the project.

Measure R has loopholes which permit developers to avoid special elections. It will do the opposite of what it claims by encouraging developers to ignore Danville's high design standards, and will result in cookie-cutter developments.

Measure R makes false claims without a legally defensible basis. In addition to the burden of costly special elections, Danville taxpayers will be forced - for years-to pay to resolve those claims in court.

Measure R will do nothing to stop sprawl development. Rather it encourages development on five hundred additional acres in western Danville and thousands of acres in the Tassajara Valley. Measure R was not written for the Town of Danville in which we all live. It is misleading, misplaced, and misguided. Please join in protecting Danville's future by voting NO on Measure R.

Millie Greenberg, Danville Mayor

Mike Doyle, Danville Vice Mayor

Newell Arnerich, Danville Councilmember

Richard L. Waldo, Danville Councilmember

Measure R has numerous inaccuracies and incorporates policies from the outdated 1987 Plan. If passed, these policies will override the new community-based General Plan. Another expensive election would be necessary to correct Measure R's flaws:

• Measure R's "Urban Growth Boundary" allows development on 500 more acres than the new General Plan in western Danville-outside the County Urban Limit Line.
• Measure R contains outdated policies, conflicting with new policies which require growth control and retaining the Tassajara Valley for open space and agriculture.
• Measure R permits growth beyond the recently tightened County Urban Limit Line in Tassajara Valley on thousands of acres. Measure R is confusing, complicated and invites numerous legal challenges. Measure R requires developers to pay for special elections in order to obtain voter approval, even though that provision has already been declared illegal by a California Superior Court. Danville taxpayers would be forced to defend against costly lawsuits and also pay $52,000 for each special election. Danville consistently sets high community standards protecting our quality of life. The Town must continue its role as a regional leader and not fall victim to an initiative that would take power away from Danville and hand it back to the County. Measure R will do the opposite of what is intended...it will encourage sprawl, affect our ability to limit county development, and drain our limited financial resources.

Millie Greenberg, Danville Mayor

Mike Doyle, Danville Vice Mayor

Newell Arnerich, Danville Councilmember

Richard I. Waldo, Danville Councilmember

Sandra Myers, Chair, Danville Parks Commission

Measure R is a well-crafted initiative. It was reviewed by a top environmental attorney who has authored initiatives which have withstood legal challenge. Any initiative, no matter how well written, can be challenged in court. This is not a reason to vote against Measure R.

Vote for Measure R if you are:

• dissatisfied with the quality of new developments in Danville,
• dissatisfied with the developer's woeful contribution to local infrastructure,
• dissatisfied with our over-crowded schools, and
• dissatisfied with our eroding quality of life.

The Town's own analysis of Measure R does not list any immediate costs to the Town due to the passage of Measure R. It simply states that this or that might happen, could happen, etc. It is long on conjecture and short on specifics.

Don't be misled by the opposition's scare tactics. Please VOTE YES on Measure R.

Edward Schwarz

Bridgett O'Connor

Sandra Paiva

Karin Hanson

Park Meiter

Purpose

This initiative will ensure that the issues that concern Danville residents are taken into account and are dealt with in an appropriate manner. This initiative gives the people of the Town of Danville the right to vote, without having to evoke a referendum, on each and every significant change of zoning and major residential development approval.

Findings

The voters of the Town do find and declare as follows: Improper growth has resulted in serious problems in Danville and its surrounding communities. The Livermore-Amador air basin has already been identified as one of the worst in the nation. We are the home of the worst traffic commute in the Bay Area. Schools are overcrowded. More inappropriate growth of the type that has already occurred will worsen these and other quality of life components.

Housing developments and land use changes have major impacts on all aspects of life in Danville. They affect water and air pollution, the quality of the schools, traffic congestion, commuting problems both in and out of Danville, utility costs, housing values, noise, public safety, adequacy of facilities such as sports parks, parking availability, the employee/employer ratio, and other factors. Danville and its neighboring cities are in the process of changing from small suburbs into part of the urban sprawl of the San Francisco Bay Area. It is much more important now that the concerns of residents, employers and employees here be directly taken into account. Improperly managed, excessive, or unbalanced changes in the land use of the Town could also adversely affect the Town's capability to provide adequate facilities and services, which could lower quality of life for existing or future residents, businesses or their employees. Furthermore, it is important that the Town act as if it recognizes that open-space land is a limited and valuable resource which must be conserved whenever possible, and, in accordance with the statutes of the State of California, that it should discourage the premature and unnecessary conversion of open-space land to urban uses.

It is the intent of voters of the Town to reserve for themselves the right to vote on those changes that most significantly affect their lives in the aspects of adequate traffic flow, provision of utilities, services, facilities, air pollution, water pollution, aesthetic aspects, noise and community character. Such a vote will allow a final check that the public's interests have been adequately taken into account, without the need for the residents to initiate a referendum.

General Plan Amendments

I. The Danville General Plan shall be amended. For the purpose of this initiative, the General Plan referred to is the General Plan in effect on the date of submission of the text of this initiative to the Town for preparation of a ballot title and summary, and shall include the General Plan map. All subsequent references are made to the Danville General Plan unless otherwise indicated.

In all sections additions are made and noted by underline, recessions are noted by line through. In Chapter 4 Planning and Development, Section C, Goals and Policies beginning on Page 24, the following changes are made [NOTE: Although the initiative includes the full text of Section C, only those sections which would be changed or added are included on this Website. No sections are shown as changed; the following sections are shown as added.]

2.05 The Town of Danville hereby establishes and adopts a Danville Urban Growth Boundary (UGB)line. The Danville UGB shall be established coterminous and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it exists as of January 1, 1999. Graphic representation of that line is shown in Exhibit "A" [not included in ballot pamphlet]. No pre-annexation agreement shall be permitted outside of this boundary without the approval of the voters of Danville or as provided by federal or state law. The UGB line shall not be moved without prior approval of the voters of Danville.**

2.06 Any proposed development plan, Planned Unit Development (PUD), or similar planning device that is used in such a manner as to be construed as legislative in nature, involving ten or more dwelling units, shall not be permitted without the prior approval of the voters of Danville. Any proposed development agreement used in a legislative manner or any other legislative act of the Town Council or other Town agency which would confer vested development rights for a development of ten or more dwelling units shall not be permitted without the prior approval of the voters of Danville.**

2.07 Any rezoning of one or more parcels, or any change in the permitted uses or regulations on property within particular zones or Town-wide, that results in an increase in the maximum number of dwelling units permitted to be built by ten or more shall not be permitted without the prior approval of the voters of Danville. Any pre-zoning agreement covering unincorporated territory outside the Town's limits that will apply to such property in the event of subsequent annexation shall not be permitted without the prior approval of the voters of Danville.**

2.08 Any legislative action whose effects would include causing or allowing the conversion of more than two acres of contiguous open space, that is, land designated by the General Plan as agricultural, general open space, parks and recreation, or public and semi-public, or a combination of these uses with any other use to a non-open space use, shall not be permitted without the prior approval of the voters of Danville.**

2.09 Dividing a development that would otherwise require a vote of the people into partial developments that will not by themselves require a vote of the people will not be permitted to frustrate the intentions of the people to have voter control over significant developments. If, within any three-year period, any individual or corporation, partnership, joint venture or combination thereof, with any common ownership, submits requests for General Plan Amendments, PUDs, vested tentative maps, or rezoning which altogether comprise ten or more dwelling units to be built within a one-quarter mile radius, there shall be a requirement for voter approval of all submittals of such requests when the cumulative number of dwelling units is ten or more.**

• * Appropriate implementation measures shall be applied as required [this wording applies to each proposed addition to Section C].

II. The effective date of the provisions of this initiative shall be the effective date of the initiative itself or as soon thereafter as allowed by law.

III. Upon the effective date of this initiative, the Town, and its departments, board, appointees, commissions, officers and employees, shall not approve or grant, or by inaction allow to be granted or approved by operation of law, any General Plan amendment, rezoning, specific plan, tentative or final subdivision map, conditional use permit, building permit or any other ministerial or discretionary entitlement, which is inconsistent with this initiative.

IV. The provisions of this initiative shall not apply to any development project that has obtained as of the effective date of the initiative a vested right pursuant to State law.

V. This initiative is not designed to nor is it intended to inhibit the Town from meeting or exceeding State goals for affordable housing. The Town should strive to meet these goals in such a way as to improve the quality of life of both those who will live in affordable housing and the other residents of the Town.

VI. Any indirect or direct costs to the Town caused by the elections mandated by this initiative shall be borne by the proponents or applicants of any legislative or quasi-legislative action, including, but not limited to, any amendment to the General Plan, approval of any specific plan, planned unit development, development agreement, and any change in zoning, unless otherwise prohibited by State law. Unless deemed unconstitutional by the appropriate court or otherwise prohibited by law, an exception to this provision shall be that the Town shall be responsible for the payment of such election costs if the proponent or applicant for such actions are town-sponsored non-profit corporations and that the development consists of units offered at permanent below-market rates.

VII. Elections mandated by this initiative may be consolidated with other elections. Individual decisions which by this initiative require a vote of the people may be collected together on a single ballot, but may not be consolidated into one ballot item.

VIII. These elections shall be fully compliant with Division 9 of the California Election Code.

IX. If any portion of this initiative is declared invalid by a court, the remaining portions are to be considered valid. If any portion of this initiative as applied to a specific application is declared invalid by a court, that portion shall be considered valid for all other applications for which it is not declared invalid. If a portion of this initiative as applied to a specific application is declared invalid by a court and this court decision results in a zoning change, the zoning change made shall be to allow the minimum number of housing units consistent with the law unless otherwise approved by the majority of the voters of the Town of Danville.

X. This initiative shall be valid for twenty years, or until repealed by a vote of the people of Danville. At the expiration of the period of twenty years, it shall be submitted to a vote of the people for renewal in entirety for an additional twenty years.

XI. In addition to the individual changes specified, this initiative shall be incorporated into the General Plan of the Town of Danville.

XII. The provision of this initiative may be amended or repealed only by the voters of the Town of Danville at a Town general election.