The Community Development Department shall prepare, the Planning Commission shall approve, and the Council shall adopt a comprehensive, long-term General Plan for the physical development of the City and of any land outside the boundaries of the City which, in the judgment of the Planning Commission, bears relation to the future growth and development of the City and its planning. The General Plan thus adopted shall comply with the requirements of Articles 5 and 6 of Chapter 3 of Title 7 of the Government Code of the State as to form and the manner of adoption. Such plan as adopted shall be a policy guide to the Planning Commission and Council in implementing future development and long-term planning. Such plan may be amended as set forth in this chapter and shall not be considered a zoning law or specific zoning. The preparation of specific plants, the granting of zoning, and the authorization of zone changes after the adoption of such plan shall take into consideration the analysis, projections, and studies adopted as part of such General Plan. Zoning shall be consistent with the General Plan, as required by the provisions of Sections 65860 of said Government Code.

(§ 1, Ord. 436-NS, eff. April 25, 1974)

   The General Plan shall consist of a statement of development policies and shall include a diagram or diagrams and a text setting forth objectives, principles, standards, and plan proposals and shall include a land use element, a circulation element, a housing element, an open space element, a conservation element, a seismic safety element, a safety element, a scenic highways element, a noise element, and such other elements as may be required in the future by State legislation as contained in the Government Code of the State. In addition, such plan shall include as many of the permitted elements under Section 65303 of said Government Code as may seem to the Council, upon the recommendation of the Planning Commission, to be reasonably required.

(§ 1, Ord. 436-NS, eff. April 25, 1974)

   During the formulation of a General Plan, the Planning Commission shall consult with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally to the end that the maximum coordination of plans may be secured, and properly located sites for all public purposes may be indicated on the General Plan.

(§ 1, Ord. 436-NS, eff. April 25, 1974)

   The General Plan, or any part or element thereof, and any amendment to such plan or any part or element thereof, shall be adopted by resolution in the manner provided by Article 6 of Chapter 3 of the State Planning and Zoning Law (commencing at Government Code section 65350).

   “Notice of all public hearings with respect to the adoption of the General Plan or any part or element thereof, shall be given in the manner prescribed by the California Government Code and as may be augmented by the provisions of Chapter 12 of this title.”

(§ 1, Ord. 436-NS, eff. April 25, 1974, as amended by §4, Ord. 1178-NS, eff. April 27, 1993)

   The General Plan, or any part or element thereof, and any amendment to such plan, or any part or element thereof, shall be administered in accordance with the provisions of Article 7 of Chapter 3 of Division 1 of Title 7 of the State Government Code.

(§ 1, Ord. 436-NS, eff. April 25, 1974, as amended by §22, Ord. 1250-NS, eff. January 9, 1996)

   All amendments to the General Plan, or any part or element thereof, shall be considered in accordance with the provisions of Article 6 of Chapter 3 of the State Planning and Zoning Law (commencing at Government Code Section 65350). No mandatory element of the General Plan may be amended more frequently than as specified in Government Code Section 65358.

   Notice of all public hearings with respect to the amendment of the General Plan, or any part or element thereof, shall be given in the manner prescribed by the California Government Code and as may be augmented by the provisions of Chapter 12 of this title.

(§ 1, Ord. 436-NS, eff. April 25, 1974, as amended by §5, Ord. 1178-NS, eff. April 27, 1993)

   A proposed amendment to an element of the General Plan may be initiated in the following manner only:

   (a)   By the adoption of a resolution of the Planning Commission setting the matter for study and hearing; or

   (b)   By the adoption of a resolution of the Council requesting the Planning Commission to set the matter for hearing, report, and recommendation:

   (1)   Upon its own motion; or

   (2)   Upon the acceptance of a petition filed pursuant to the provisions of Article 3 of this chapter.

   In all cases where an amendment to the General Plan is initiated, the Council or Planning Commission shall designate the area and/or subjects to be studied.

(§ 1, Ord. 436-NS, eff. April 25, 1974)

   (a)   Purpose. The City’s General Plan is a long term guide for orderly development of this community, which plan should not be subject to unreasonable and increased development pressures. Based on the City’s present build out under that General Plan, the City Council finds the City of Thousand Oaks is at a point where the ultimate and foreseeable residential and commercial development in the City’s Planning Area can be accurately predicted. The City’s infrastructure and public facilities were or have been designed based on the development projections in the City’s General Plan, as in effect on November 5, 1996. These public facilities can accommodate that planned and foreseeable development. However, any increase in the residential density ranges or in commercial acreage over those presently shown in the Land Use Element of the General Plan will alter the character of the City and place an unacceptable burden on the City’s topography and infrastructure. The City desires to promote an improved local jobs/housing balance, and since land use changes to environmentally sensitive industrial uses do not place as great a demand on public services, roads, freeways and infrastructure, as do residential and commercial uses, such changes are not a new policy direction requiring a vote of the community.

   Any amendment either to the General Plan's designated acreage for “commercial” land uses or in the residential land use density ranges, which produces a net increase in excess of the land areas so designated, or in excess of the dwelling unit per net acre density ranges shown on the Land Use Element of the City’s General Plan as of November 5,1996, is a policy decision that the voters of the City of Thousand Oaks should make.

   (1)   Any amendment which reclassifies land from the “parks, golf course, and open space” designation to any other designation; or

   (2)   Any amendment which cumulatively provides a net increase in the maximum number of residential dwelling units which could be permitted under the proposed land use designation; or

   (3)   Any amendment which cumulatively provides a net increase in the land designated “commercial.”

   The proposed amendment to the Land Use Element must first have been initiated pursuant to Section 9-2.202, have completed any environmental analysis required by law and have been reviewed by the Planning Commission. A proposed ballot measure under this section may contain or affect more than one site, designation or parcel.

   (c)   Periodic Review. As required by law, the City Council shall periodically review the land uses and density ranges in the Land Use Element of the General Plan, as well as the overall General Plan’s internal consistency, and may request the approval of proposed Land Use Element changes by the voters pursuant to this section, if the Council finds new circumstances, justification, or state/federal mandates require such an amendment.

   (d)   Exemptions. This requirement of a voter approval shall not be required or apply for the following amendments or situations:

   (1)   Where the amendment is necessary to avoid, or the application of the voter approval requirement of this section would be deemed, an unconstitutional taking of property under the United States or California Constitutions, be contrary to federal laws, or the laws of this state:

   (2)   Where the amendment is necessary in order to comply with, or is directed under a court order, judgment, writ or mandate.

   (3)   Where the amendment is necessary for a viable use of publicly owned land which has been determined by the owner to be, and is, declared surplus as no longer needed for a public purpose, such as unneeded school sites or the approximate thirty-five (35) acres at 401 Hillcrest Drive.

   (e)   City Council sponsored initiative; effective period. This section was enacted as a City Council sponsored initiative, approved by the voters at a city-wide general election on November 5, 1996. Except for evaluation, processing and procedural matters, this section cannot be amended or repealed by the City Council without such amendment or repeal being approved by the voters of Thousand Oaks. This section shall be effective and apply to any Land Use Element amendments up to November 5, 2026, at which time this section shall terminate.

(§ 2, Ord. 1280-NS, eff. Dec. 13, 1996)

   (a)   Until December 31, 2050, the provisions and designations governing the intent for lands designated “Parks, Golf Courses, Open Space” on the Land Use Element, Open Space Element and Recreational Element, as amended through March 1, 1996, shall not be amended except to add lands to the “Parks, Golf Courses, Open Space” designation; unless such amendment is approved by the vote of the people.

   (b)   All those lands designated as “Parks, Golf Courses, Open Space” in the adopted City of Thousand Oaks General Plan “Land Use Map,” as amended through March 1, 1996, and lands which are subsequently added to the “Parks, Golf Courses, Open Space” designation, shall remain so designated until December 31, 2050, unless redesignated to another General Plan land use category by vote of the people, or redesignated by the City Council pursuant to the procedures set forth in subsection (c), below.

   (c)   Land use designated as “Parks, Golf Courses, Open Space” on the Land Use Map may be redesignated to another land use category by the City Council if each of the following conditions are satisfied:

   (1)   The City Council makes a finding that the application of the provisions of Section 2(a) of Ordinance 1265-NS would constitute unconstitutional taking of the private landowner’s property; and

   (2)   In permitting the redesignation, the City Council allows additional land uses only to the extent necessary to avoid said unconstitutional taking of the landowner’s property.

   (d)   Approval by a vote of the people is accomplished when a General Plan amendment is placed on the ballot through any procedure provided for in the Elections Code, and a majority of the voters vote in favor of it. Whenever the City Council adopts an amendment requiring approval by a vote of the people, pursuant to the provisions of this subsection, the City Council’s action shall have no effect until after such a vote is held and a majority of the voters vote in favor of it. The City Council shall follow the provisions of the Elections Code in all matters pertaining to such an election.

   This section is consistent with the initiative petition and accompanying ordinance presented to Thousand Oaks City Council, and then adopted by the City Council on June 18, 1996 and re-adopted on December 13, 2016. Until December 31, 2050, this section may only be amended or repealed by the voters of the City at a general election.

(§ 1, Ord. 1339-NS eff. July 8, 1999; Ord. 1628-NS eff. December 23, 2016)

   Any interested party may file a petition with the Community Development Director requesting the initiation of an amendment to the General Plan, except that no person shall file, and the Community Development Director shall not accept, a petition which is substantially the same as a petition upon which final action has been taken within one year prior thereto. No petition shall be accepted for filing or shall be processed unless it complies with the requirements set forth in this article.

   The Community Development Director shall prescribe the form and scope of petitions for amendments to the General Plan, which form shall include the type of information, data, and papers to be filed and the number of copies thereof.

(§ 1, Ord. 436-NS, eff. April 25, 1974)

   A petition requesting the initiation of an amendment to the General Plan shall contain at least the following information:

   (a)   The name and address of the petitioner;

   (b)   The general location and description of the area proposed for review, including a statement of the total area involved, or, where applicable, a statement of the specific goal(s), policy(ies), or objective(s) of the General Plan proposed for review;

   (c)   The proposed amendment suggested, including the circumstances, conditions, and other justifications which would warrant such action; and

   (d)   A statement of the environmental, social, physical, economic, and other factors affecting the area or policy suggested for review which support and/or justify the consideration of the proposed amendment.

   The Community Development Director may require the filing of additional information, dependent upon the nature and complexity of the General Plan element and the proposed amendment.

(§ 1, Ord. 436-NS, eff. April 25, 1974)

   For the purpose of defraying the expense involved in connection with processing a petition for an amendment to the General Plan as provided in this article, a fee prescribed by Council resolution shall accompany each such petition.

(§ 1, Ord. 436-NS, eff. April 25, 1974, as amended by § IV, Ord. 581-NS, eff. August 12, 1976, and § IV, Ord. 776-NS, eff. April 16, 1981)

   Upon the receipt of a verified petition, the Community Development Director shall prepare a recommendation relative to the initiation of the proposed amendment and shall transmit such petition and recommendation to the City Clerk, who shall schedule the matter for Council consideration.

   A petition requesting the consideration of an amendment to the General Plan shall be construed as a suggestion only. The Council shall not be required to initiate such action where the Council deems no legitimate basis has been presented making it in the public interests to do so. The Council shall announce its decision on a petition to initiate an amendment to the General Plan by resolution. The petitioner shall be notified of the action of the Council by the City Clerk.

(§ 1, Ord. 436-NS, eff. April 25, 1974)

   Specific Plans are authorized by the provisions of Article 8 of Chapter 3 of Division 1 of Title 7 of the State Government Code. All Specific Plans prepared pursuant to the provisions of this article shall be consistent with the authority and scope set forth in Article 8.

(§ 1, Ord. 436-NS, eff. April 25, 1974, as amended by § 23, Ord. 1250-NS, eff. January 9, 1996)

   (a)   The Community Development Director shall provide forms for Specific Plans and amendments thereto, and shall prescribe the information necessary to be submitted and other filing requirements for such applications. Applications for the approval or amendment of a Specific Plan shall be considered in accordance with the procedure set forth in Article 8 of Chapter 3 of the State Planning and Zoning Law (commencing at Government Code Section 65350).

   (b)   Notice of all public hearings with respect to the adoption of or amendment(s) to a Specific Plan, shall be given in the manner prescribed by the Government Code and as may be augmented by the provisions of Chapter 12 of this title.

(§ 1, Ord. 436-NS, eff. April 25, 1974, as amended by § 6, Ord. 1178-NS, eff. April 27, 1993)

   (a)   A Specific Plan shall include a text and diagram or diagrams which specify the components required by Section 65451 of the California Government Code and such other subjects as may be determined appropriate by the City.

   (b)   In approving a Specific Plan or amendment thereto, the Council may impose conditions on development to assure compliance with all the elements and aspects of the Specific Plan.

(§ 1, Ord. 436-NS, eff. April 25, 1974, as amended by § 6, Ord. 1178-NS, eff. April 27, 1993)

   A filing fee prescribed by Council resolution shall be submitted with all applications for Specific Plan approval and for all applications for amendments to Specific Plans. Such fees shall be in addition to any fees or deposits required by any other section of this Code.

(§ 1, Ord. 436-NS, eff. April 25, 1974, as amended by § V, Ord. 581-NS, eff. August 12, 1976, and § V, Ord. 776-NS, eff. April 16, 1981)

   (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 non-agricultural 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 re-extended 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 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 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)