|BERNAL PROPERTY PHASE II LAND USE PLAN INITIATIVE
The People of the City of Pleasanton do hereby ordain as follows:
Section 1. Declaration of Purpose
The purpose of this Initiative is to:
A. Ratify the "grand park" design concept for the approximately 318-acre publicly owned portion of the Bernal Property Phase II area. The concept calls for creating a "grand park" setting that includes areas of varying native plant communities and wildlife habitats, linked together with public trails and developed with public and quasi-public facilities at a scale that does not overwhelm the natural landscape. The development of uses and facilities in particular areas is to be flexible so as to accommodate change over time in response to the changing community needs.
B. Confirm the comprehensive public participation process which identified and located community facilities within the Bernal Property Phase II area as called for in Guideline 1.3 of the Comprehensive Land Use Policy 1 of the Bernal (Phase I) Specific Plan, which Guideline was adopted by the City Council in August 2000, and reaffirmed and readopted by the voters of the City of Pleasanton in November 2004.
C. Receive the required voter approval for the Bernal Property Phase II land use plan as mandated by the Bernal Property Right to Vote Initiative (Measure approved by the voters in November 2004, for the subject Phase II area.
Section 2. Findings
A. The planning vision for the Phase II area is that it become the "crown jewel" of Pleasanton, reflecting the environmental and cultural heritage of the Valley. It is also to serve as a focal point, town gathering place, and family place for people of all ages. The overall visual image is one of an open space/park like setting within which public and quasi-public uses and facilities are to be carefully integrated. The unifying landscape character is to become one of an open space arboretum, with agriculture at first, then evolving to wooded and meadow areas over time.
B. All facilities are to be high quality, easily accessible, and provide flexibility that will meet the changing community needs and values over time. Buildings, other structures, and open area are to blend together into a unified and visually appealing setting. Land uses and activities are to complement surrounding uses. Planning and long term maintenance are to focus on environmental and fiscal sustainability. The acquisition of the 318-acre Phase II Bernal Property area, planning and initiation of public facility improvements are to be this generation's gift to future generations of the community.
C. The Bernal Property (Phase I) Specific Plan sets forth a Comprehensive Land Use Policy (Policy 1) pertaining to community facilities. This overarching policy seeks to aggregate an array of high quality community facilities on the Bernal Property to serve the entire Pleasanton community while respecting both the natural and developed lands' sensitivities to future uses.
D. Policy 1 is further refined in Guideline 1.3, which directs the City to undertake a comprehensive public participation process to identify and locate community facilities to be developed within the Phase II area of the Bernal Property.
E. Voter approval of the land uses and activities in the community facilities land use plan for the Phase II area was also required by Guideline 1.3, and reaffirmed and readopted by Measure X.
F. The Bernal Property Phase II Specific Plan, which provides planning direction for the Phase II area, supplements the Bernal Property (Phase 1) Specific Plan in implementing the Pleasanton General Plan. The Phase II Specific Plan provides planning guidance for the long-range development of an open space/park like setting within which a variety of public and quasi public uses are to be integrated.
G. A comprehensive public participation process was carried out through the development of the Bernal Property Phase II Specific Plan between 2001 and 2006. This process included noticed public hearings and informational meetings with the Bernal Community Park Task Force, Youth Master Plan Implementation Committee, Civic Arts Commission, Youth Commission, Parks and Recreation Commission, Planning Commission and City Council.
H. Of the public land area, 2-acres has been developed as a Fire Station (see Sub-area 4 in Exhibit A), 11-acres has been developed as a school (see Sub-Area 8 in Exhibit A), and approximately 50- acres (see Sub-area 2 in Exhibit A) has been planned pursuant to the Bernal Community Park Master Plan, adopted by the City in May 2006 after an extensive public participation process involving the Bernal Community Park Task Force, Youth Master Plan Implementation Committee, Civic Arts Commission, Youth Commission, Parks and Recreation Commission, Planning Commission and City Council. The Fire Station and Community Park are Phase I community facilities that have been developed pursuant to the Bernal Property (Phase I) Specific Plan, are not subject of this Initiative; the Community Park may proceed with development without regard to this Initiative. Furthermore, the school site was purchased and is owned by the Pleasanton Unified School District and also is not the subject of this Initiative.
Section 3. Approval of Phase II Land Uses by Sub-area
A. The Phase II area has been divided into sixteen sub- areas, as shown in Exhibit A. Each sub-area has a designated set of Potentially Permitted Land Uses, as follows:
1. Sub-area 1 + Cultural arts center with or without shared educational facilities, agriculture, open space, park and recreation, public utilities and trials;
2. Sub-area 2 + is the subject of a Community Park Master Plan as described in Section 2.H., above, and which may proceed to development without regard to this Initiative pursuant to the Initiative to Save Our Community Park adopted by the City Council by Resolution No. 04-056 on July 20, 2004;
3. Sub-Area 3 + Agriculture, open space, passive recreation facilities, public utilities and trails;
4. Sub-area 4 + is already developed with a Fire Station as described in Section 2.H., above;
5. Sub-Area 5 + Child care, open space, park and recreation, public utilities, trails, and other public and quasi public uses that may be determined to be compatible with the surrounding land uses by the City Council;
6. Sub-area 6 + Agriculture, open space, passive recreation facilities, public utilities, and trails;
7. Sub-area 7 + Agriculture club, agriculture, community vegetable garden, open space, passive recreation facilities, public utilities, and trails;
8. Sub-area 8 + is already developed with a school as described in Section 2.H., above, and which is real property that has been purchased and is owned by the Pleasanton Unified School District;
9. Sub-area 9 + Open space, public utilities, and trails;
10. Sub-area 10 + Open space, park and recreation, and trails;
11. Sub-area 11 + Open space, passive recreation, public utilities, and trails;
12. Sub-area 12 + Open space, park and recreation, park-and-ride lot, public utilities, trails, and other public and quasi public uses that may be determined to be compatible with the surrounding land uses by the City Council;
13. Sub-area 13 + Environmental education center, Native American history reflective area, open space, park and recreation, public utilities, trails, and other public and quasi public uses that may be determined to be compatible with the surrounding land uses by the City Council;
14. Sub-area 14 + Native American history reflective area, open space, passive recreation, public utilities, and trails;
15. Sub-area 15 + Open space, passive recreation, public utilities, and trails;
16. Sub-area 16 + Agriculture (crops only), community vegetable garden, open space, passive recreation, public utilities and trails.
B. Ancillary uses for each of the listed permitted uses may be approved through the Planned Unit Devel- opment (PUD) public hearing process subject to approval by the City Council, and any City Council decision is subject to voter referendum.
C. The Potentially Permitted Land Uses by Sub-area include a range of uses which may be located in the respective sub-area, but are not required to be located in that sub-area, nor required to locate in any specific place within the Phase II plan area. Final determination about which of the Potentially Permitted Land Uses by Sub-area are to be located at which place within the respective sub-areas will be the subject of future decision by the City, and subject to funds being available for such development.
Section 4. Implementation
Upon the effective date of this Initiative, the land uses permitted on the City-owned land within the Bernal Property Phase II area are only those potentially permitted land uses outlined by sub-area as described in Section 3, above.
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 Bernal Property Specific Plan amendment, rezoning, subdivision map, conditional use permit, building permit or other discretionary entitlement which is inconsistent with this Initiative.
Section 5. Severability
If any portion of this Initiative is hereafter declared invalid by a court of competent jurisdiction, all remaining portions are to be considered valid and shall remain in full force and effect.
Section 6. Amendment or Repeal
This Initiative may be amended or repealed only by the voters of the City of Pleasanton at a City election.
Exhibit A+City of Pleasanton Bernal Property Phase II Specific Plan Sub-Area Land Use Plan