Chapter 5.29
URBAN GROWTH BOUNDARY
Sections:
5.29.102 Purpose and findings.
5.29.103 General plan amendment – Changes in boundary.
5.29.101 Title.
This chapter shall be known as the Newman save open-space and agricultural resources, or Newman SOAR, ordinance. (Ord. 2014-5 § 1, 6-10-2014)
5.29.102 Purpose and findings.
A. Purpose. The purpose of this chapter is to create the City of Newman (City) urban growth boundary (Newman UGB). The Newman UGB has the following objectives:
1. To encourage efficient growth patterns and protect the City’s quality of life by concentrating future development within the adopted sphere of influence;
2. To promote on lands outside the Newman UGB ongoing agricultural and other natural resource and open space uses such as preservation of natural resources, 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 the City while encouraging appropriate economic development in accordance with the City’s unique local conditions and General Plan;
4. To allow the City to continue to meet its reasonable housing needs for all economic segments of the population 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.
B. Findings.
1. The protection of existing agricultural, open space, watershed and other lands surrounding the City is of critical importance to present and future residents of the City. Agriculture has been and remains a major contributor to the economy of the City and County of Stanislaus, directly and indirectly creating employment for many people and generating substantial revenues for the City and the County of Stanislaus.
2. In particular, the City and surrounding area, with its alluvial plain topography, excellent climate and prime agricultural soils, is located in the heart of one of the finest agricultural regions in the world. Vegetable, nut and dairy production from the County of Stanislaus and adjacent to the City continue to enhance the City’s, and County’s, economy and reputation.
3. Continued urban encroachment into agricultural, open space or watershed areas may 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 may 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 and quality of life of City residents depend on the protection of a substantial amount of open space, rural and agricultural lands particularly outside of City’s sphere of influence. 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 the protection of wildlife, environmentally sensitive areas, and irreplaceable natural resources. As importantly, adopting a UGB around the City would promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such an UGB would promote efficient municipal services and facilities by confining urban development to defined development areas.
5. This measure 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 ordinance requires that until December 31, 2040, the City of Newman 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 measure, within the Newman UGB created by this chapter using the location of the sphere of influence line established by the Local Agency Formation Commission as a reference for locating the Newman UGB. The Newman UGB line shall be coterminous with the sphere of influence line established by the Local Agency Formation Commission for the City, as it exists as of January 1, 2014.
6. Although established in the same location as the sphere of influence line as it exists as of January 1, 2014, the Newman UGB is not intended to and shall in no way inhibit 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 Newman UGB is a local land use policy of the City and shall not be changed except as herein provided. (Ord. 2014-5 § 1, 6-10-2014)
5.29.103 General plan amendment – Changes in boundary.
This chapter hereby amends the Newman General Plan by adding the following as Chapter 9 to the Community Design Element of the General Plan:
NEWMAN CITY URBAN GROWTH BOUNDARY
Introduction.
The electorate of the City of Newman (City) has adopted a UGB line denominated the City of Newman UGB (Newman UGB). Its purpose, principles, implementation procedures, and methodologies for amendment are set forth in this General Plan Amendment.
A. Purpose.
1. The City and surrounding area, with its alluvial plain topography, excellent climate and prime agricultural soils, is located in the heart of one of the finest agricultural regions in the world. Vegetable, nut, and dairy production from the County of Stanislaus and adjacent to the City continue to enhance the City’s, and County’s, economy and reputation.
2. The purpose of this amendment is to ensure that the preservation of agricultural production, open space, and protection of environmentally sensitive habitat 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 non-agricultural or non-open space uses without public debate and a vote of the people.
3. As importantly, limiting urban sprawl through the use of an UGB enhances the sense of community, allows for development unique to the City of Newman and promotes the efficient use of the City’s infrastructure.
B. Principles.
1. Continued urban encroachment into open space, viewshed, watershed and agricultural 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, and causing potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City of Newman but for its jurisdictional neighbors. Such urban encroachment may eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban and Open Space/ Agricultural uses.
2. The unique character of the City, and quality of life of City residents, depends on the protection of a substantial amount of open space, viewshed, and watershed. The protection of such lands through the implementation of this measure 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.
C. Implementation.
1. The City hereby establishes the Newman Urban Growth Boundary (Newman UGB). The Newman UGB is established coterminous with the Sphere of Influence line established by the Local Agency Formation Commission for the City, as it exists as of January 1, 2014.
2. Until December 31, 2040, the City shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Newman UGB, except as provided herein and except for the purpose of completing roadways designated in the circulation element of the Newman General Plan as of January 1, 2014, construction of public potable water facilities, public schools, public parks or other government facilities. Other than the exceptions provided for herein, upon the effective date of this UGB General 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 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, unless in accordance with the Amendment Procedures of Section D of this General Plan Amendment.
3. “Urbanized uses of land” shall mean any development which would require the establishment of new community sewer and/or water systems or the significant expansion of existing community sewer and/or water 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.
4. The City of Newman LAND USE DESIGNATIONS Map, figure LU3 to the Land Use Element is amended to reflect the existence of the Newman UGB which is coterminous with the Sphere of Influence line as it exists as of January 1, 2014.
5. The Newman UGB may not be amended, altered, revoked or otherwise changed prior to December 31, 2040, except by vote of the people or by the City Council pursuant to the procedures set forth in Section D of this General Plan Amendment.
D. Amendment Procedures.
1. Until December 31, 2040, the foregoing Purposes, Principles and Implementation provisions of this General Plan amendment, and the Newman UGB may be amended only by a vote of the people or pursuant to one of the following methods:
a) The City Council may, by a majority vote, amend the Newman UGB described herein for non-residential uses if it deems it to be in the public interest, consistent with the intent of this Ordinance, provided that the amended boundary is adjacent to the Newman UGB established by this General Plan amendment and an equal or greater amount of land is removed from the existing Sphere of Influence/UGB. The result of the action would be a negative or neutral impact on the amount of land within the UGB. Such amendment may be adopted only if the City Council makes the following finding:
(i) The land subject to the proposed Newman UGB boundary amendment is immediately adjacent to existing compatibly developed areas and the applicant for inclusion of land within the UGB has provided to the City evidence that the Fire Department, Police Department, and Department of Public Works with jurisdiction over such land have adequate capacity to accommodate the proposed development and provide it with adequate public services: or
b) The City Council, following at least one noticed public hearing for presentations by an applicant and the public, and after compliance with the California Environmental Quality Act (“CEQA”), may amend, by majority vote, the Newman UGB as described herein to comply with General Plan Goal LU-6 to “Provide adequate land for and promote development of employment uses that create high quality jobs and enhance the economy of Newman”. Such amendment may be adopted only if the City Council makes each of the following findings:
i) The land subject to the proposed Newman UGB boundary amendment is immediately adjacent to existing compatibly developed areas and the applicant for the inclusion of land within the UGB has provided to the City evidence that the Fire Department, Police Department, and Department of Public Works with jurisdiction over such land have adequate capacity to accommodate the proposed development and provide it with adequate public services; and
ii) That inventory of undeveloped commercial, business park, and/or industrial designated land within the Newman UGB has reached a level of less than one hundred (100) acres. At this point, the City would be placed at an economic disadvantage when trying to recruit existing businesses to expand and/or attract new businesses to relocate to the City; and
iii) That it is not reasonably feasible to accommodate the proposed development by re-designating lands within the Newman UGB due to size, shape and/or location; or
c) The City Council, following at least one noticed public hearing for presentations by an applicant and the public, and after compliance with CEQA, may amend, by majority vote, the Newman UGB 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 Newman UGB as described herein in order to accommodate lands to be designated for residential uses, provided that no more land may be brought within the UGB as required for compliance with State law for this purpose. Such amendment may be adopted only if the City Council makes each of the following findings:
i) The land is immediately adjacent to existing compatibly developed areas and the applicant for the inclusion of land within the Newman UGB has provided to the City evidence that the Fire Department, Police Department, Department of Public Works, the Community Services 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
ii) 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
iii) That there is no existing residentially designated land available within the Newman UGB to accommodate the proposed development; and
iv) That it is not reasonably feasible to accommodate the proposed development by re-designating lands within the Newman UGB; or
d) The City Council following at least one noticed public hearing for presentations by an applicant and the public, and after compliance with CEQA, may amend, by majority vote, the Newman UGB described herein, based on substantial evidence in the record, if the City Council makes each of the following findings:
i) Application of the provisions of subsections a, b or c of these amendment procedures are unworkable and failure to amend the Newman UGB 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
ii) 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; or
e) The City Council following at least one noticed public hearing for presentations by an applicant and the public, and after compliance with CEQA, may place any amendment to the Newman UGB or the provisions of this ordinance on the ballot pursuant to the mechanisms provided by State law; or
f) The General Plan may be reorganized and individual provisions, including the provisions of this ordinance, may be renumbered or reordered in the course of ongoing updates of the General Plan in accordance with the requirements of State law.
(Ord. 2014-5 § 1, 6-10-2014)
5.29.104 Exemptions.
The provisions of this chapter do not apply to any roadways designated in the circulation element of the Newman General Plan as of January 1, 2014, construction of public potable water facilities, public schools, public parks or other government facilities, nor to any development project that has obtained as of the effective date of the ordinance codified in this chapter a vested right pursuant to State or local law. (Ord. 2014-5 § 1, 6-10-2014)
5.29.105 Insertion date.
A. Upon the effective date of the ordinance codified in this chapter, the General Plan is effectively amended to incorporate the terms of this chapter; 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 2014, prior to the effective date of the ordinance codified in this chapter, this General Plan amendment shall be deemed inserted into the City’s General Plan on January 1, 2015.
B. The City’s General Plan in effect when the ordinance codified in this chapter was adopted and that General Plan as amended by this chapter, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City’s 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 the ordinance codified in this chapter are given effect, any provision of the General Plan that is adopted between the City Council submittal date to be placed on the ballot and the date that the ordinance codified in this chapter 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 NMC 5.29.103, that interim-enacted 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 chapter 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. (Ord. 2014-5 § 1, 6-10-2014)
5.29.106 Severability.
This chapter shall be interpreted so as to be consistent with all Federal and State laws, rules, and regulations. If any section, subsection, sentence, clause, phrase, part, or portion of this chapter 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 chapter. The voters hereby declare that this chapter, and each section, subsection, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this chapter is declared invalid as applied to any person or circumstance, such invalidity shall not affect any application of this chapter that can be given effect without the invalid application. This chapter shall be broadly construed in order to achieve the purposes stated in this chapter. It is the intent of the voters that the provisions of this chapter shall be interpreted by the City and others in a manner that facilitates the confinement of urban uses within the City’s UGB thereby protecting agricultural, open space and rural lands, and preventing urban sprawl. (Ord. 2014-5 § 1, 6-10-2014)
5.29.107 Amendment or repeal.
Except as otherwise provided herein, this chapter may be amended or repealed only by the voters of the City at an election held in accordance with State law. (Ord. 2014-5 § 1, 6-10-2014)
5.29.108 Competing measures.
In the event there are competing measures on the same ballot with this measure that purport to address the same subject matter of this measure, the following rules shall apply: If more than one such measure passes, both measures shall go into effect except to the extent that particular provisions of one measure are in direct, irreconcilable conflict with particular provisions of another measure. In that event, as to those conflicting provisions only, the provisions of the measure which received the most votes shall prevail. (Ord. 2014-5 § 1, 6-10-2014)