A. With this initiative, the people of the County of Stanislaus assure direct voter oversight in achieving and maintaining a balance between the needs for housing and non-farm economic development versus the economic, social, and environmental costs of unchecked, endless, urban sprawl. The costs of unchecked sprawl include: threats to public health, safety and welfare by increased traffic congestion, associated air pollution, water pollution, and depletion and sedimentation of water resources; unnecessary and expensive extensions of public services and facilities; and a reduction in agricultural economic viability, food production, habitat, and other open space values.

B. The stabilization of existing agricultural, wildlife habitat, and other open space resources is critically important to Stanislaus County residents and the region as a whole. Directly and indirectly agriculture creates employment for many people, generates substantial tax revenues, and provides a major source of farm products for the county, the region, the state, the country, and the world.

C. The purpose of this initiative is to promote contiguous, cost-effective growth, to ensure that agriculture remains viable, and to ensure that agricultural, habitat, and other open space resources are not prematurely or unnecessarily converted to other non-agricultural or non-open space uses.

A. The text of Policy One of the Land Use Element shall be amended to read (new text is underlined):

"Land will be designated and zoned for agricultural, residential, commercial, industrial, or historical uses when such designations are consistent with other adopted goals and policies of the general plan, subject to the limitations imposed by the Farmland Stabilization Initiative, and as set out in Policy 1.1 and Policy 2 below."

B. New Policy 1.1, with definitions, shall be added to the Land Use Element:

Policy 1.1: Pursuant to the "Farmland Stabilization Initiative," as approved by the voters on November 2, 1999, urban development shall be limited to areas planned for development within the sphere of influence boundary of incorporated cities and the community planning area of unincorporated towns. This limitation shall apply only to the area of the County bound by Interstate 5 on the west, the north county line, Road J9 and Montpelier Road on the east, and the south county line.

Definitions - For purposes of interpreting and applying the Farmland Stabilization Initiative:

1) "Areas planned for development" are those areas designated for urban development within the sphere of influence of a city or within the community planning area for an unincorporated town, or within a ‘Highway Commercial/Planned Development’ area, as described and diagrammed in the Stanislaus County General Plan, as adopted October, 1994.

2) "Urban development" is any non-agricultural or non-open space use of land, including, but not limited to: residential, commercial, and industrial uses.

3) "Sphere of influence" is the sphere of influence for each incorporated city in Stanislaus County, as of October, 1994. If the boundaries of any sphere of influence is subsequently changed by the Local Agency Formation Commission, the provisions of this initiative will still apply to urban development proposed for any areas outside the spheres of influence as they stood in October, 1994.

4) "Community planning areas" are the areas described in the General Plan, as adopted October, 1994, as the planning area for each of the unincorporated towns within the County.

5) "Highway Commercial/Planned Development areas," are only those areas diagrammed on page 1-35 of the Stanislaus County General Plan, as adopted October, 1994.

6) "Agricultural or open space uses" are agriculture, habitat, open space, and residential densities equivalent to those allowed on parcel sizes of at least 40 acres (under existing zoning for A-2-40 as of the effective date of the Farmland Stabilization Initiative).

C. The text of Policy Two of the Land Use Element shall be amended to read:

"Land designated for agricultural and open space uses shall be restricted to uses that are compatible with agricultural practices, including natural resources management, open space, outdoor recreation and enjoyment of scenic beauty. As required by the ‘Farmland Stabilization Initiative,’ all land outside areas planned for development, as defined in Policy 1.1, shall be restricted to agricultural or open space uses. No land in such areas shall be zoned to permit urban uses, without a majority vote of the citizens of Stanislaus County."

D. Implementation Measure number 1 of Policy Two of the Land Use Element shall be amended to read:

"Agricultural areas should generally be zoned for 40- to 160-acre minimum parcel sizes. Exceptions include land in a ranchette area so identified because of significant existing parcelization of property, poor soils, location, and other factors which limit the agricultural productivity of the area. These exceptions shall apply only to land in those areas outside the coverage of the Farmland Stabilization Initiative, and to lands in ‘areas planned for development,’ as both areas are described in Policy 1.1."

E. The following is added to the end of the first paragraph of the Land Use Element "Designations" section, governing land use designations in the unincorporated areas of the County, at page 1-19 of the Stanislaus County General Plan, as adopted October, 1994:

"All of the following designations are subject to the limitations set out in Policy 1.1, as required by the Farmland Stabilization Initiative. Any designation described below which is inconsistent with the terms of the Farmland Stabilization Initiative shall be applicable only to areas outside the coverage of the Farmland Stabilization Initiative, as described in Land Use Element Policy 1.1."

F. The following Policy 2.8 shall be added to the Agricultural Element:

"2.8 All land outside areas planned for development, as defined in Land Use Element Policy 1.1, shall be restricted to agricultural or open space uses. No land in such areas shall be zoned to permit residential, commercial, industrial, or any other urban use inconsistent with the Farmland Stabilization Initiative, unless approved by a majority vote of the citizens of Stanislaus County."

Section 3. Implementation

A. This initiative shall take effect January 1, 2000 ("effective date").

B. Upon the effective date of this initiative, the initiative shall be deemed inserted into both the Land Use Element and the Agricultural Element of the Stanislaus County General Plan

C. The provisions of this initiative shall prevail over any revisions made between December 31, 1998, and December 31, 1999, to the Stanislaus County General Plan and Community Plans as adopted October, 1994, which conflict with the initiative. Except as provided in Section 4 below, upon the effective date of this initiative all general plan amendments, community plan amendments, rezonings, specific plans, tentative or final subdivision maps, parcel maps, conditional use permits, building permits or other ministerial or discretionary entitlements for use not yet approved or issued shall not be approved or issued unless consistent with the policies and provisions of this initiative.

D. Each and every proposal to allow urban development outside the areas planned for development submitted to the voters pursuant to this initiative, shall be submitted in a fashion that allows the voters to vote separately on each and every such development proposal.

A. Vested rights: This initiative shall not apply to any development project which has obtained vested rights as of the effective date of the initiative, as adjudicated by a court of competent jurisdiction.

B. Density Bonuses: Nothing in this initiative is intended to preclude approval of density bonuses required by State law.

C. Fair Share Housing Requirement: Nothing in this initiative is intended to preclude compliance with fair share housing or housing element amendment requirements under State law. With this initiative, the voters intend to comply with fair share housing requirements and housing element amendment requirements by allowing for reasonable development within the bounds of the spheres of influence of incorporated cities and within the community planning areas of unincorporated towns, simply requiring voter approval if it ever becomes necessary to breach these boundaries to achieve compliance with State law.

Section 5. Severability

If any portion of this initiative is declared invalid by a court, the remaining portions are to be considered valid.

Section 6. Amendment or Repeal

This initiative may be amended or repealed only by the voters at a County election.

Section 7. Competing Initiatives