9821.5. - Voter consideration of amendments affecting open space.

(a)

Notwithstanding the provisions of this part, no amendment to the general plan or a specific plan that would result in a redesignation of property designated as open space in the general plan or any applicable specific plan for nonopen space uses shall be effective for any purpose unless such amendment is first approved by the voters of the city by a two-thirds (⅔) vote of those voting on the question. In the event any such amendment is proposed, the city shall first follow the procedures for adoption or amendment specified in this part, and the California Environmental Quality Act. If following such process the decision of the city council is to approve the proposed amendment, the city council shall take the actions necessary to place the matter on the ballot at the next regular municipal election. The applicant for any such amendment may choose, at the applicant's sole expense, to have the matter considered by the voters at an earlier special election called for the purpose. The applicant shall make such a request to the city council in writing, together with a cash deposit in the amount reasonably estimated by the city clerk to be the cost of such special election. At such election, if a two-thirds (⅔) majority of those voting vote in favor of the amendment, it shall be approved.

(b)

If the decision of the city council is to deny the requested amendment, the city council's action shall be final and the matter shall not be submitted for consideration by the voters.

(c)

The voter approval requirements of this section shall not apply to any of the following actions, provided at least one (1) noticed public hearing is held by the city council prior to final action:

(1)

Amendments or adoptions found by the city council, on the advice of legal counsel, to be necessary to avoid an unconstitutional taking of the landowner's property;

(2)

Reorganization, renumbering or updating elements of the general plan in accordance with state law, provided that there is no reduction in the property designated as open space;

(3)

Amendments or adoptions to designate new or additional property as open space.

(d)

Any property in the city or its sphere of influence, if any, that is designated as open space in the Agoura Hills General Plan or any applicable specific plan after the effective date of this section shall immediately become subject to the voter approval requirements of this section prior to any subsequent redesignation.

(e)

This section 9821.5 shall expire automatically on the twenty-fifth anniversary of its effective date unless earlier readopted, repealed, or amended by the voters of Agoura Hills.

(Ord. No. 99-300, § 4, 11-2-99)