The people of the City of San Buenaventura do ordain as follows:

Section 1. Title

This measure shall be known as the Ventura Hillside Voter Participation Measure.

Section 2. Purpose

The overall purpose of this measure is to allow City voters to participate in the review process relating to non-exempt development projects that may be proposed in a certain portion of the"Hillside Area" of the City as defined in the City's Comprehensive Plan Update to the Year 2010 (hereafter the "Comprehensive Plan"). The portion of the Hillside Area under consideration lies generally north of the City, constitutes an area approximately 9108 acres in size, and is further depicted as the "Hillside Voter Participation Area" indicated in Exhibit "A" attached hereto and made a part hereof. The proposed Hillside Voter Participation Area (also referred to from time to time hereafter as "HVP Area" or "HVPA") is outside the Ventura City limits, but it is within the "Planning Area" of the City of San Buenaventura as further indicated on Exhibit "A." The Comprehensive Plan Land Use Map currently designates the properties within the proposed Hillside Voter Participation Area as "Hillside Planned Residential" or "H PR" rather than "Agricultural" and, therefore, these properties are not subject to the Save Our Agricultural Resources ("SOAR") Initiative adopted by the voters in 1995.

In the recent past, some property owners within the proposed Hillside Voter Participation Area have publicly presented initial proposals to develop those properties with a combination of residential uses and open space and recreational areas proposed to include, among other things, hiking and equestrian trails for use by the public. In the course of public meetings and informational workshops discussing these proposals, it has become apparent that there is a high level of public concern over potential issues of scenic resource protection, open space and recreational opportunities, infrastructure needs, traffic circulation, and other development-related issues arising from any proposed changes in the use of this important part of the City's Planning Area. This measure, in recognition of this heightened public concern, is intended to provide the electorate of the City of San Buenaventura with an opportunity to vote on the approval of any such development proposals Or Any similar proposals to extend urban services to the Hillside Voter Participation Area or develop property in the Hillside Voter Participation Area with urbanized land uses.

More particularly, this measure proposes to amend the Comprehensive Plan of the City of San Buenaventura by adding a requirement that approvals for extensions of "urban services" (defined in the City's Hillside Management Program as the provision of domestic water and sewers) or any proposed "urbanized uses of land" (as defined herein) in the Hillside Voter Participation Area cannot be granted without prior approval by a majority vote of the electorate.

Section 3. Comprehensive Plan Amendment

The following text shall be inserted into the Land Use Element of the Comprehensive Plan at page 111-8 thereof:

Hillside Voter Participation Area

The electorate of the City of Ventura has adopted a Hillside Voter Participation Area (Ventura HVP Area). Its purpose, principles, implementation procedures, and methodologies for amendment are set forth in this Comprehensive Plan amendment.

A. PURPOSE

The City of Ventura Hillside Area, with its unique topography, viewsheds, watershed lands; its unique microclimate and hydrology, and its diversity of plant and wildlife resources, is one of the finest scenic resources in the Southern California region. The Comprehensive Plan recognizes the unique and important qualities and potential of the Hillside Area in, among other provisions, the declaration of specialized Objectives and Policies for the Hillside Area in the Resources Element of the Plan and the Plan's requirements for continuing operation of, and compliance with, the City's Hillside Management Program.

This Comprehensive Plan amendment is intended to provide for an increased level of public awareness and participation in the development review process applicable to that portion of the Hillside Area described and depicted in Exhibit "A" as the "Hillside Voter Participation Area." It is further intended to provide assurance to the public that any proposed development in the Hillside Voter Participation Area appropriately takes into account the Area's unique combination of viewshed, watershed, open space, scenic area, and environmentally sensitive habitat, and that agricultural, viewshed, watershed, and open space lands in the Hillside Voter Participation Area are not converted to urban or other non-open space uses without public discussion and a vote of the people. Increasing citizen participation in the development review process through the establishment of a Hillside Voter Participation Area enhances the City's sense of community, allows for development unique to the City of Ventura, and promotes the efficient use of the City's infrastructure.

More specifically, this Comprehensive Plan amendment is intended to provide an oppo un for the public to be involved in insuring that any development projects proposed in the Hillside Voter Participation Area, shall, at a minimum:

1. Maintain the scenic character of the hillsides in areas of future development, by preserving significant natural landmarks and scenic ridgelines and slopes.

2. Provide increased recreational opportunities for existing and future hillside and other City residents, by improving access to existing parks and establishing additional parks or open, non-developed areas in conjunction with future hillside development.

3. Maximize public access to hillside open space and recreation areas, by establishing a system of linear parks and hiking trails along scenic ridges and barrancas.

4. Minimize the impact of hillside development on sensitive natural habitats and historical or archaeological resources.

B. PRINCIPLES

Inappropriate urban encroachment into Hillside open space, viewshed, watershed, scenic areas, and biological resource areas would have the potential to impact sensitive environmental areas, unwarrantedly intrude on open space, diminish the quality of life and threaten the public health, safety and welfare by leading to increased traffic congestion, associated air pollution, erosion, alteration of sensitive lands in watershed areas and causing potentially serious water problems, such as pollution, depletion and sedimentation of available water resources not only for the City of Ventura, but for its jurisdictional neighbors. Inappropriate urban encroachment could further result in the unwarranted extension of public services and facilities into sensitive areas.

The unique character of the City of Ventura and quality of life of City residents depends on the appropriate protection of the Hillside Area's substantial amount of open space, viewshed, watershed, scenic resources, and biological resources. The increased public awareness and involvement in the fate of such lands through the implementation of this Comprehensive Plan amendment will provide the public a special opportunity to assure that future generations of Ventura citizens will not be deprived of the benefits of access to a viable water supply, flood and erosion control, protection of viewsheds, wildlife, environmentally sensitive areas, open space and recreational areas, and irreplaceable natural resources.

C. IMPLEMENTATION

(1) There is hereby established a Ventura Hillside Voter Participation Area (Ventura HVP Area). The Ventura HVP Area is that portion of the Hillside Area delineated and depicted in Exhibit "A" of this Comprehensive Plan amendment (hereafter, the"HVP Area Map"). As shown on the HVP Area Map, the southern boundary of the HVP Area generally follows the northern segment of the City's incorporated limit as established by the Local Agency Formation Commission for the City ofVentura, except as the MVP boundary line rum northerly of some small residential lots on or near Foothill Road west of Arroyo Verde Park as further depicted on Exhibit "A." East of Harmon Barranca, the HVP Area boundary generally follows the alignment of Foothill Road eastward to the boundary of the City's Planning Area. The northerly boundary of the HVP Area continues, generally, as the northern boundary of the City's Planning Area. The westerly boundary of the HVP Area alternately follows the City limit boundary or Sphere of Influence boundary easterly of the North Avenue area. The foregoing narrative description is intended to be general in nature and all of the foregoing is more particularly depicted and described in Exhibit "A."

Insofar as the HVP Area boundary described and depicted in this Comprehensive Plan amendment, Including Exhibit "A" hereto, is said or shown to be coterminous with either the City's incorporated limit or the City's Sphere of Influence boundary, or with the boundary of the City's Planning Area, such references are intended to be, and shall be construed to be, the location of the City limit boundary or Sphere of Influence boundary or boundary of the City's Planning Area, as applicable, as each of those boundaries are established for the City of Ventura as of January 1, 2001. Although the HVP Area boundary is established, in part, in generally the same location as the City limit boundary, or in some instances, the Sphere of Influence boundary, the establishment of the HVP Area boundary is not intended to and shall in no way inhibit the Local Agency Formation Commission from changing or altering the City limit boundary or Sphere of Influence boundary in accordance with State law. The boundary of the HVP Area, although incidentally coterminous as of one point in time with the City limit boundary or Sphere of Influence boundary or boundary of the City's Planning Area, is independent from these boundaries in legal significance and purpose. While the City limit boundary or Sphere of Influence boundary may be, from time to time, altered by the Local Agency Formation Commission, or the boundary of the City's Planning Area may be changed, the HVP Area boundary shall not be changed except as provided herein.

(2) Until December 31, 2030, the City of Ventura shall not extend urban services into, and shall not authorize urbanized uses of land within, the Ventura Hillside Voter Participation Area unless otherwise authorized by a vote of the people, except for the purpose of construction of public potable water facilities, public parks or other city government facilities or as otherwise provided or excepted herein. Upon the effective date of this Hillside Voter Participation Area Comprehensive Plan amendment, 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 Comprehensive 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 Comprehensive Plan amendment, unless in accordance with the amendment procedures of Section 4 of this Comprehensive Plan amendment.

(3) "Urbanized uses of land" shall mean any development that 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 densities greater than one primary residential unit per 40 acres in area; or, would result in the establishment of commercial or industrial uses that are neither agriculturally-related nor related to the production of mineral resources.

(4) The Land Use Map is amended to reflect the existence of the Ventura Hillside Voter Participation Area as generally described in paragraph (1) above and as depicted in Exhibit "A," attached hereto.

(5) The Hillside Voter Participation Area, as defined herein, may not be amended, altered, revoked or otherwise changed prior to December 31, 2090, except by vote of the people or by the City Council pursuant to the procedures set forth in Section 4 of this Comprehensive Plan amendment. For purposes of this Ordinance, approval by a vote of the people is accomplished when a Comprehensive Plan amendment is placed on the ballot through any procedure provided for in the Election Code, and a majority of the voters vote in favor of it. Whenever the City Council adopts an amendment requiring approval by a vote of the people pursuant to the provisions of this subsection, the City Council's action shall have no effect until after such a vote is held ' and a majority of the voters vote in favor of it. The City Council shall follow the provisions of the Election Code in all matters pertaining to such an election.

Section 4. Changes to Area: Procedures.

Until December 31, 2030, the foregoing Purposes, Principles and Implementation provisions of this Comprehensive Plan amendment, and the Hillside Voter Participation Area may be amended only by a vote of the people commenced pursuant to the initiative process by the public, or pursuant to the procedures set forth below:

A. The City Council may amend the boundary of the Hillside Voter Participation Area depicted on Exhibit "A" if it finds such amendment to be in the public interest, provided that the amended boundary enlarges said Hillside Voter Participation Area established by this Comprehensive Plan amendment.

B. The City Council, following at least one public hearing for presentation by an applicant and the public, and after compliance with the California Environmental Quality Act, may amend the Hillside Voter Participation Area described herein, based on substantial evidence in the record, if the City Council makes each of the following findings:

(1) Application of the provisions of subsections (A) or (B) of the amendment procedures set forth in this Section 4 are unworkable and failure to amend the Hillside Voter Participation Area would constitute an unconstitutional taking of a landowner's property for which compensation would be required or would deprive the landowner of a vested right; and

(2) The amendment and associated land use designations will allow additional land uses only 19 the minimum RMW necessary to avoid said unconstitutional taking of the landowner's property or to give effect to the vested right.

C. The City Council, following at least one public hearing for presentations by an applicant and the public, and after compliance with the California Environmental Quality Act, may place any amendment to the Hillside Voter Participation Area or the provisions of this Comprehensive Plan amendment on the ballot pursuant to the mechanisms provided by state low.

D. The Comprehensive Plan may be reorganized and individual provisions, including the provisions of this ordinance, maybe renumbered or reordered in the course of ongoing updates of the Comprehensive Plan in accordance with the requirements of state law.

Section 5. No Changes to Save Our Agricultural Resources Initiative

Any restrictions imposed upon the City of San Buenaventura limiting the City's ability to redesignate, or allow development of, property designated "Agricultural" that are in effect as a result of the "SOAR" initiative approved by the voters in 1995 and adopted by the City Council as Ordinance No. 95-33 shall remain in full force and effect and shall not be amended, modified, altered, or abridged by the adoption of this ordinance.

Section 6. Exemptions:

The provisions of this ordinance do not apply to:

A. Construction or reconstruction of, or related to, public potable water facilities, public parks or other city government facilities; or

B. Construction or reconstruction of no more than one residential dwelling unit, and incidental uses or structures related thereto, on an individual parcel of land that is lawfully established of record as of the effective date of this Comprehensive Plan amendment and that is contiguous to the City's incorporation boundary but only to the extent that such a legally established parcel is developed with, or proposed to be developed with, no more than one residential dwelling unit; or

C. Any development that would result in the creation of residential densities equal to or less than one primary residential unit per 40 acres in area; or, would result in the establishment of commercial or industrial uses that are agriculturally-related or related to the production of mineral resources; or

D. Any development project that has obtained, as of the effective date of this Comprehensive Plan amendment, a vested right pursuant to state or local law; or

E. Uses that are "incidential" (as the City's Zoning ordinance defines "incidental uses") to uses lawfully established as of the effective date of this Comprehensive Plan amendment.

Section 7. Interpretation

This ordinance shall be broadly construed in order to achieve the purposes stated in this ordinance. It is the intent of the voters that the provisions of this measure shall be interpreted by the City and others in a manner that promotes public participation in decisionmaking relating to future development proposals within in the Hillside Voter Participation Area.

Section 8. Insertion Date

A. Upon the effective date of this ordinance, Sections 3, 4, 5, 6, and 7 of this ordinance shall be deemed inserted in the Comprehensive Plan and the Land Use Map referred to in Part C of Section 3 shall be deemed amended even though the reprinting may not occur until it can be carried out by the staff of the City of San Buenaventura.

B. The Comprehensive Plan in effect at the time the City Council decided to place this measure on the ballot, and the Comprehensive Plan as amended by this ordinance, comprise an integrated, internally consistent and compatible statement of policies for the City of San Buenaventura. In order to ensure that the Comprehensive Plan remains an integrated, internally consistent and compatible statement of policies and to ensure that the actions of the voters in enacting this ordinance are given effect, any provision of the Comprehensive Plan that is adopted between July 23, 2001 and the effective date of this ordinance, to the extent that such provision is inconsistent with this ordinance, shall be amended as soon as possible and in the manner and time required by state law to ensure consistency between such provision and Section 3 of this ordinance. In the alternative, such interim-enacted inconsistent provisions shall be repealed.

Section 9. Amendment or Repeal

This ordinance may be amended or repealed only by the voters of the City of San Buenaventura at an election held in accordance with state law, except as expressly provided by Section 4 herein.

EXHIBIT"A"

MAP OF HILLSIDE VOTER PARTICIPATION AREA