Article 5 — Urban Restriction Boundary

(a) Purpose. The purpose of this initiative is to re-adopt for the City of Thousand Oaks its Urban Restriction Boundary and the protections of lands designated as Existing Parks, Golf Courses, Open Space, as set forth in the Parks Initiative. The Thousand Oaks City Urban Restriction Boundary (Thousand Oaks CURB) line has the following objectives:

(1) To encourage efficient growth patterns and protect the City of Thousand Oaks' quality of life by concentrating future development largely within existing developed areas, or, in some cases, directly adjacent to them, consistent with the availability of infrastructure and services;

(2) To promote on lands outside the Thousand Oaks CURB line ongoing agricultural and other natural resource and open space uses as defined in Government Code Section 65560(b), such as preservation of natural resources and natural habitat, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises;

(3) To manage the City's growth in a manner that fosters and protects the character of Thousand Oaks while encouraging appropriate economic development in accordance with the City's unique local conditions;

(4) To allow the City to continue to meet its reasonable housing needs for all economic segments of the population, especially low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available; and

(5) To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time.

The Parks Initiative has similar purposes, and works symbiotically with the SOAR measure, with its intent focused on protecting the unique position held by lands designated Existing Parks, Golf Courses, Open Space within the City's planning area.

(b) Findings.

(1) The protection of existing agricultural, open space and watershed lands surrounding the City of Thousand Oaks is of critical importance to present and future residents of the City of Thousand Oaks. Agriculture has been and

remains a major contributor to the economy of the City and County of Ventura, directly and indirectly creating employment for many people and generating substantial tax revenues for the City.

(2) In particular, the City of Thousand Oaks and surrounding area, with its unique topography, viewsheds, watershed lands and proximity to unique soils, micro-climate and hydrology, is a gate-keeper to one of the finest growing regions in the world. Ranch land, vegetable and fruit production from the County of Ventura and in particular the importance of the Calleguas watershed, Hidden Valley, Tierra Rejada Valley and alluvial plains adjacent to the City have achieved international acclaim, enhancing the City's economy and reputation. As importantly, the ring of open space around the City provides a unique open space buffer of immense importance to the protection of the wildlife indigenous to the area.

(3) Continued urban encroachment into agricultural, open space or watershed areas will impair agriculture and threaten the public health, safety and welfare by causing increased traffic congestion, associated air pollution, not only for the City but for its jurisdictional neighbors. Such urban encroachment would eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban, agricultural and open space uses.

(4) The unique character of the City of Thousand Oaks and quality of life of City residents depend on the protection of a substantial amount of open space, rural and agricultural lands both within and without its City limits. Part of that unique character requiring protection is the land use designations of Existing Parks, Golf Courses, Open Space within the City’s planning area.

The protection of such lands not only ensures the continued viability of agriculture, but also protects the available water supply to surrounding communities and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable natural resources. As importantly, continuing the existence of the City Urban Restriction Boundary around the City of Thousand Oaks would promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary has and will continue to promote the efficient municipal services and facilities by confining urban development to defined development areas.

(5) This initiative ensures that the important Goals and Policies of the general plan are inviolable against transitory short-term political decisions and that agricultural, watershed and open space lands are not prematurely or unnecessarily converted to other non-agricultural or non-open space uses without public debate and a vote of the people.

Accordingly, the initiative requires that until December 31, 2050, the City of Thousand Oaks shall restrict the provision of urban services, or creation of urban uses, other than in certain circumstances and according to specific procedures set forth in this initiative measure, within the Urban Restriction Boundary created in 1998 by initiative, and extended by this initiative measure using the location of the Sphere of Influence Line established by the Local Agency Formation Commission as of January 1, 1998. Although the Sphere of Influence has since been expanded to include the Broome Ranch, the CURB line shall continue to be in its current location, coterminous with the Sphere of Influence line applicable to the City of Thousand Oaks in existence on January 1,1998, approved by the Local Agency Formation Commission.

(6) Although established in the same location as the Sphere of Influence line as it existed as of January 1, 1998, the CURB is not intended to and shall in no way inhibit, and has not inhibited, the Local Agency Formation Commission from changing or altering the Sphere of Influence line in accordance with state law. The two lines although coincidentally coterminous as of one point in time are independent one from the other in legal significance and purpose. While the Sphere of Influence line may be altered by the Local Agency Formation Commission in accordance with the provisions of state law, the Urban Restriction Boundary is a local land use policy of the City and shall not be changed except as herein provided.

(7) The Parks Initiative calls out the protection of lands designated by the City of Thousand Oaks as Existing Parks, Golf Courses, Open Space in the general plan. Said lands shall remain as so designated, absent a vote of the public until December 31, 2050.

(§ 1, Ord. 1328-NS, eff. December 4, 1998; as amended by § 2, Ord. 1628-NS, eff. December 23, 2016)

1. PURPOSE

The City of Thousand Oaks and surrounding area, with its unique viewsheds, watershed lands and proximity to unique soils, micro-climate and hydrology, is a gate-keeper to one of the finest growing regions in the world. Ranch land, vegetable and fruit production from the County of Ventura and in particular Hidden Valley, the Tierra Rejada Valley and alluvial plains adjacent to the City have achieved international acclaim, enhancing the City's economy and reputation.

The purpose of this initiative is to ensure that the preservation of agricultural production, open space, and protection of environmentally sensitive habitat both inside the City through the Parks Initiative readoption and outside of the City through the SOAR initiative readoption are inviolable against transitory short-term political decisions and that agricultural, viewshed, watershed and open space lands are not prematurely or unnecessarily converted to other nonagricultural or non-open space uses without public debate and a vote of the people. As importantly, limiting urban sprawl through the use of an Urban Restriction Boundary and protection of the land use designations Existing Parks, Golf Courses, Open Space, enhances the sense of community, allows for development unique to the City of Thousand Oaks and promotes the efficient use of the City's infrastructure.

2. PRINCIPLES

Continued urban encroachment into open space, viewshed and watershed areas negatively impacts sensitive environmental areas, intrudes on open space irrevocably changing its utility, diminishes the quality of life and threatens the public health, safety and welfare by causing increased traffic congestion, associated air pollution, alteration of sensitive lands in flood plains and causing potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City of Thousand Oaks but for its jurisdictional neighbors. Such urban encroachment would eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban and open space/agricultural uses. The unique character of the City of Thousand Oaks and quality of life of City residents depend on the protection of a substantial amount of open space, viewshed, and watershed. The protection of such lands through the implementation of this Initiative by readoption of the Parks Initiative and the SOAR initiatives through December 31, 2050, not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable natural resources.

3. IMPLEMENTATION

(a) The City of Thousand Oaks hereby readopts the land use designations set forth for protection in the Parks Initiative, in particular Existing Parks, Golf Courses, Open Space, and readopts the established Thousand Oaks City Urban Restriction Boundary (Thousand Oaks CURB), both as set forth in Ord. 1628-NS on Exhibit "A." The Thousand Oaks CURB continues to run coterminously with the Sphere of Influence line established by the Local Agency Formation Commission for the City of Thousand Oaks, as it existed as of January 1,1998.

(b) Until December 31, 2050, the City of Thousand Oaks shall retain the designations and land uses allowed on all lands designated in the General Plan and on the Jurisdictional Boundaries Map [Attached to Ord. 1628-NS as Exhibit "A " and incorporated herein by reference] as Existing Parks, Golf Courses, Open Space, and shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Thousand Oaks City Urban Restriction Boundary, except as provided herein and except for the purpose of completing

roadways designated in the Circulation Element of the Thousand Oaks General Plan as of January 1,1998, construction of public potable water facilities, and public parks. In each reference to the year 2030 found within the Parks Initiative, attached to Ord. 1628-NS (this measure) as Exhibit "B", that reference is hereby amended to reference the year 2050. Other than for the exceptions provided herein, upon the effective date of this Thousand Oaks SOAR and Parks Initiative General Plan amendment voter approval extensions, the City and its departments, boards, commissions, officers and employees shall continue to refuse to grant, or by inaction allow to be approved by operation of law, any General 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 General Plan amendment extension, unless in accordance with the Amendment Procedures of Section 4 of this General Plan Amendment extension.

(c) "Urbanized uses of land" as it pertains to the CURB shall mean any development which 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 10 acres in area; or, would result in the establishment of commercial or industrial uses which are neither agriculturally- related nor related to the production of mineral resources.

(d) The Land Use Element Map, attached to Ord. 1628-NS as Exhibit "A " is restated, and readopted to reflect the continued existence of the Thousand Oaks Urban Restriction Boundary and the Existing Parks, Golf Courses, Open Space land use designations through the year 2050.

(e) The City Urban Restriction Boundary, nor the Existing Parks, Golf Courses, Open Space land use designations, as identified herein, may not be amended, altered, revoked or otherwise changed prior to December 31, 2050, except by vote of the people or by the City Council pursuant to the procedures set forth in Section 4 of this General Plan amendment.

4. CHANGES TO BOUNDARY and LAND USE DESIGNATIONS; PROCEDURES

Until December 31, 2050, the foregoing Purposes, Principles and Implementation provisions of this initiative, extending and restating the requirement for voter participation for changes to Existing Parks, Golf Courses, Open Space and the CURB 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 City Urban Restriction Boundary described herein if it deems it to be in the public interest, provided that the amended boundary is within the limits of said Urban Restriction Boundary established by this General Plan Amendment. Any such contraction of the CURB line may not thereafter be reextended without following the procedures set forth herein.

(b) 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 amend the Urban Restriction Boundary described herein to comply with state law regarding the provision of housing for all economic segments of the community, the City Council may amend the City Urban Restriction Boundary as described herein in order to accommodate lands to be designated for residential uses, provided that no more than 10 acres of land may be brought within the Urban Restriction Boundary for this purpose in any calendar year. Such amendment may be adopted only if the City Council makes each of the following findings:

(1) The land is immediately adjacent to existing compatibly developed areas and the applicant for the inclusion of land within the City of Thousand Oaks Urban Restriction Boundary has provided to the City evidence that the Fire Department, Police Department, Public Works Department, the Community Development Department, applicable water and sewer districts, and the School District with jurisdiction over such land have adequate capacity to accommodate the proposed development and provide it with adequate public services; and

(2) That the proposed development will address the highest priority need identified in the analysis by which the City has determined it is not in compliance with State Law, i.e., low and very low income housing; and

(3) That there is no existing residentially designated land available within the City Urban Restriction Boundary to accommodate the proposed development; and

(4) That it is not reasonably feasible to accommodate the proposed development by redesignating lands within the City Urban Restriction Boundary; and

(5) Notice of such Proposed Modification is given according to the City's standard notice requirements to neighboring properties; and as well, not less than 30 days prior to the proposed modification appearing on the City Council agenda, to LAFCo, and to all individuals or organizations who or which have indicated a desire for such Notice by requesting the same by placing his/her/its name and contact information with the City Clerk.

(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 amend the City Urban Restriction Boundary described herein, or may redesignate lands designated on the General Plan as Existing Parks, Golf Courses, Open Space, 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 these amendment procedures are unworkable and failure to make the suggested amendments 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 to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property or to give effect to the vested right.

(d) 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 Urban Restriction Boundary or the provisions of the Existing Parks, Golf Courses, Open Space land use designations, each as readopted by this initiative, on the ballot pursuant to the mechanisms provided by State Law.

(e) The General Plan may be reorganized and individual provisions, including the provisions of this initiative, may be renumbered or reordered in the course of ongoing updates of the General Plan in accordance with the requirements of state law.

(§ 1, Ord. 1328-NS, eff. December 4, 1998; as amended by § 3, Ord. 1628-NS, eff. December 23, 2016)

The provisions of this initiative do not apply to any roadways designated in the circulation element of the Thousand Oaks General Plan, construction of public potable water facilities, or the creation of public parks, nor to any development project that has obtained as of the effective date of the initiative a vested right pursuant to state or local law.

(§ 1, Ord. 1328-NS, eff. December 4, 1998; as amended by § 4, Ord. 1628-NS, eff. December 23, 2016)

(a) Upon the effective date of this initiative, the General Plan is effectively amended to incorporate the terms of this initiative measure; 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 2015, prior to the effective date of this initiative, this General Plan amendment shall be deemed inserted in the City's General Plan on January 1, 2017.

(b) The City of Thousand Oaks General Plan in effect at the time the Notice of Intention to circulate this initiative measure was submitted to the City Clerk of Thousand Oaks, and that General Plan as amended by this initiative measure, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Thousand Oaks General Plan remains an integrated, internally consistent and compatible

statement of policies for the City as required by state law and to ensure that the actions of the voters in enacting this initiative are given effect, any provision of the General Plan that is adopted between the submittal date and the date that this initiative measure is deemed inserted into the General Plan, shall, to the extent that such interim-enacted provision is inconsistent with the General Plan provisions adopted by section 3 of this initiative measure, that interimenacted provision shall be amended as soon as possible and in the manner and time required by state law to ensure consistency between the provisions adopted by this initiative and other elements of the City's General Plan. In the alternative, such interim-enacted inconsistent provision shall be disregarded and of no validity or effect. (§ 1, Ord. 1328-NS, eff. December 4, 1998; as amended by § 5, Ord. 1628-NS, eff. December 23, 2016)

This measure shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this measure 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 measure. The voters hereby declare that this measure, and each section, sub-section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub-sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this initiative is declared invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. This initiative shall be broadly construed in order to achieve the purposes stated in this initiative. 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 facilitates the protection of lands designated as Existing Parks, Golf Courses, Open Space within the City and the confinement of urban uses within a City Urban Restriction Boundary thereby protecting agricultural, open space and rural lands, and preventing urban sprawl.

(§ 1, Ord. 1328-NS, eff. December 4, 1998; as amended by § 6, Ord. 1628-NS, eff. December 23, 2016)

Except as otherwise provided herein, this initiative may be amended or repealed only by the voters of the City of Thousand Oaks at an election held in accordance with state law.

(§ 1, Ord. 1328-NS, eff. December 4, 1998; as amended by § 7, Ord. 1628-NS, eff. December 23, 2016)