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41.01.020 Voter approval.

(a)    Voter approval of changes to land use designations on the land use map from agricultural or urban reserve to urban land use designations or from agricultural to urban reserve land use designations.

(1)    Each and every proposed amendment or modification of the land use map to modify the land use designation of lands designated for agricultural, open space or urban reserve use on the land use map to an urban or urban reserve designation is a significant change that affects the city and its ability to maintain its vision for a compact urban form surrounded by farmlands and open space. Any such proposal, therefore, requires public participation in the decision, including, but not limited to, voter approval of the proposed amendment or modification of the land use map.

(2)    Any application for an amendment or modification of the land use map that proposes changing the land use map land use designation for any property from an agricultural, open space, or urban reserve land use designation (e.g., agricultural, open space, agricultural reserve, urban reserve, environmentally sensitive habitat, Davis greenbelt) to an urban land use designation or from an agricultural designation to an urban reserve designation shall require:

(A)   Establishment of baseline project features and requirements such as recreation facilities, public facilities, significant project design features, sequencing or phasing, or similar features and requirements as shown on project exhibits and plans submitted for voter approval, which cannot be eliminated, significantly modified or reduced without subsequent voter approval;

(B)   Approval by the city council, after compliance with the California Environmental Quality Act, the state planning and zoning laws and any other applicable laws or regulations; and then

(C)   Approval by an affirmative majority vote of the voters of the City of Davis voting on the proposal.

The land use designation amendment or modification shall become effective only after approval by the city council and the voters. The city shall not submit any application to the voters if the application has not first been approved by the city council, unless otherwise required by law.

(3)    If, after compliance with the California Environmental Quality Act and any other applicable laws, the city council modifies or amends the land use designation for any property from an urban land use designation to an agricultural, open space, or urban reserve land use designation, the land use designation of that property shall not be amended or modified from the agricultural, open space, or urban reserve designation to an urban land use designation without first complying with this article, including, but not limited to, the voter approval requirements set forth in subsection (a)(2) of this section.

(b)    Voter approval of development proposals on remaining large vacant properties (Covell Center and Nishi properties) designated for urban land uses on land use map, dated August 1, 1999.

(1)    In recognition of the pace and extent of development that has occurred during the first half of the 1987 General Plan planning period, careful consideration shall be given to future use of the remaining two large vacant properties currently designated for urban uses on the land use map that are not subject to a development agreement or do not have a vested right to proceed with development of the property. Key considerations for requiring voter approval prior to development on these two properties are impacts on already overburdened public facilities and infrastructure, long-term preservation of adjoining agricultural lands, preservation of viewsheds and valuable habitat areas, and to ensure that the city maintains a compact and efficient urban form as mandated by General Plan policies. Accordingly, any land use decision that directly affects one or both of these properties, or any portions thereof, including any legislative action, subdivision map application, site plan review, or planned development application, requires full public participation, including an affirmative vote of the people on any city council action to approve such a request. Specific properties included under these provisions are:

(A)   The property known as Covell Center, or any portion of said property, bordered by Covell Boulevard on the south, the Hunt property and County Road 101A on the west, County Road 102/Pole Line Road on the east, and the southern edge of the city-owned property and extending to F Street on the north as shown on the land use map (Exhibit A attached to the ordinance codified in this article and included by reference).

(B)   The Nishi property, or any portion thereof, the boundaries of which are established in the Gateway/Olive Drive specific plan dated January, 1996 (Exhibit B attached to the ordinance codified in this article and included by reference).

(2)    Any application for a development proposal or land use change leading to urban development on all, or any portion of either of these properties shall require:

(A)   Establishment of baseline project features and requirements such as recreation facilities, public facilities, significant project design features, sequencing or phasing, or similar features and requirements as shown on project exhibits and plans submitted for voter approval, which cannot be eliminated, reduced or significantly modified without subsequent voter approval;

(B)   Approval by the city council, after compliance with the California Environmental Quality Act, the state planning and zoning laws and any other applicable laws or regulations; and then

(C)   Approval by an affirmative majority vote of the voters of the City of Davis voting on the proposal.

The land use entitlements for development on all, or any portion of either of these properties shall become effective only after approval by the city council and the voters. The city shall not submit any application to voters if the application has not first been approved by the city council, unless otherwise required by law.

(3)    Voter approval of an application applicable to one or both of the above properties shall be required for:

(A)   Any land use entitlement or development proposal application request affecting the entire property; except a request that would change the land use designation to an agricultural land use designation;

(B)   Any land use entitlement request for the development of a portion of the property.

(c)    Once the voters have approved a land use map designation or land use entitlement for a property, additional voter approval shall not be required for:

(1)    Subsequent entitlement requests that are consistent with the overall approved development project or land use designation and entitlements including the baseline project features and required provision of open space, recreational amenities, design features and public facilities, as specified in the exhibits and plans approved by the voters.

(2)    Any requested modification to a land use designation or development project entitlement that does not increase the number of permitted dwellings or units or the intensity of commercial/industrial development and does not significantly modify or reduce the baseline project features and required provision of open space, recreational amenities, design features and public facilities, as specified in the exhibits and plans approved by the voters. The city council may adopt procedures for the hearing of a request for modification. (Ord. 2008 § 3, 2000; Ord. 2350 § 3, 2010; Ord. 2581 § 3, 2020)