SOAR Measure C 2050
SOAR Measure C 2050
The people ofthe County of Ventura, having adopted the Save Open-space and
Agricultural Resources Ordinance (SOAR) on November 3, 1998, and recognizing that
said Ordinance will sunset on December 31, 2020, desire to continue the philosophy of
and primary substantive matters contained in that initiative measure until December 31,
2050. Accordingly, they do hereby ordain as follows: [Changes from the text of the
original initiative and any changes in the County's General Plan being restated and
readopted are indicated with "strike=ottt" for deletions; italics for additions].
A. Nearly two decades ago, the voters of Ventura County adopted the Save
Open-space and Agricultural Resources (SOAR) in order to protect the County's
agricultural, rural, and open space lands, to strengthen the local agricultural economy,
and to preserve the County's quality of life. SOAR has been highly successful in
achieving these goals, while allowing for reasonable residential development, allowing
the County to meet its housing requirements under state law. Accordingly, for the
benefit of existing and future residents, visitors and investors, the people of Ventura
County hereby declare their intent to reaffirm, update and extend the provisions of SOAR
until the year 2050.
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from the soils and silt from the Santa Clara and Ventura rivers have achieved
international acclaim, enhancing the County's economy and reputation and standard of
living.
F. Open space designations also include productive lands that are used for
agriculture and grazing. These lands are important to the overall economy of the County
and the long-term economic viability of these productive lands shall be supported.
G. As importantly, the Rural designation under the General Plan serves not
only to buffer intense urban usage from agricultural and open space lands, but it fosters
small scale agricultural production while allowing for low-density and low intensity land
uses and is a critical component in accommodating the full range of residential and
farming/ranching environments.
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between urban and open space and agricultural uses, degrading wildlife habitat and
connectivity. To the extent possible, farm worker housing, located in existing urban
areas, should be encouraged in order to help sustain the viability of agriculture.
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indicated by strike-out; additions indicated by italics (The Urban land use designation is
not part of this initiative, but is added here for context, only):
a) Until December 31,2050, the Agricultural, Open Space and Rural land
use designations, and the goals and policies as they specifically apply to
those land use designations in Sections 3:+ 1.6 and 3.2 Ventura County
General Plan- GOALS, POLICIES & PROGRAMS (10-20-15 edition) of
this General Plan shall not be further amended unless such amendment is
approved by vote ofthe people or by the Board of Supervisors pursuant to
the procedures set forth herein.
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consistent with the Findings and Purpose ofthe initiative creating these
prOVISIOnS.
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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 Clerk of the Board of Supervisors.
g}-h) The Board of Supervisors, without a vote ofthe people, may redesignate
Agricultural, Open Space or Rural properties provided the Board complies
with the following two conditions:
i) The Board makes a finding based upon the advice of the County
Counsel that the designation of the property effects an
unconstitutional taking ofthe landowners' property; and
ii) In permitting the redesignation, the Board allows a less restrictive
designation to be applied to the property only to the extent
necessary to avoid the unconstitutional taking of the landowner's
property.
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i) 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
Election Code, and a majority of the voters vote in favor of it. Whenever the
Board ofSupervisors adopts an amendment requiring approval by a vote of the
people pursuant to the provisions of this subsection, the Board'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 Board ofSupervisors shall follow the provisions of the Election Code in
all matters pertaining to such an election.
b}j) The Board of Supervisors, without a vote of the people, may amend the
provisions of the General Plan which apply to the Agricultural, Open Space or
Rural designations, as set forth in subsection "a", above, for the express purpose
of further protecting and preserving resources identified in the General Plan,
provided that said amendment(s) are consistent with the Findings and Purpose of
the initiative adopting these provisions of the General Plan.
i1 In t eeognition ofthe 111 ban nature of the Pit 11 conununity and to pt o vide
essential flexibility to the Board ofSuper~isor:s to address the special needs ofthat
cornrnnnity, the Board of Snper visors, withont a vote of the people, may amend the
land nse designations on the General Land Use Map, as set forth in subsection "b",
above, fur land located within the Piru Redevelopment Area or land desciibed by the
following Assessor Parcel Numbers.
056•0=180·01 056-0-180-08
056·0·180-02 056=0= 190-05
056=0-180=06 056=0=190=06
056=0-180-07 056-0-190=09
The total land represented by this subsection "i" is set forth on Exhibit "A"
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accomplished when a General Plan amendment is placed on the ballot through
any procedure provided for in the Election Code, and a majority of the voters
vote in favor of it. Whenever the Board of Supervisors adopts an amendment
requiring approval by a vote of the people pursuant to the provisions of this
snbseetion initiative measure the Board's action shall have no effect until after
such a vote is held and a majority ofthe voters vote in favor of it.
.i1 n) The Board of Supervisors, without a vote of the people, may amend the
land use designations on the General Land Use Maps, as set forth in
subsection "b", above, to any Existing Community designation for land which,
prior to the effective date of the ordinance setting forth these provisions, is
found to contain lawfully established urban building intensities or urban land
uses, to the minimum extent necessary to validate such pre-existing uses
consistent with the Findings and Purpose ofthe ordinance adopting these
provisions ofthe General Plan.
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1.6 Farmland Resources
***
1.6.1 Goals
1. Preserve and protect iu igated agricultural lands as a nonrenewable resource to
assure the continued availability of such lands for the production of food, fiber
and ornamentals.
2. Encourage the continuation and development of facilities and programs that
support agricultural production and enhance the marketing of County grown
agricultural products.
3. Improve the economic viability of agriculture through policies that support
agriculture as an integral business to the County.
4. Encourage opportunities for Ventura County residents to buy local
agricultural products.
1.6.2 Policies
1. Discretionary development located on land designated as Agricultural (see
Land Use Chapter) and identified as Prime Farmland or Farmland of Statewide
Importance on the State's Important Farmland Inventory, shall be planned and
designed to remove as little land as possible from potential agricultural
production and to minimize impacts on topsoil.
2. Hillside agricultural grading shall be regulated by the Public Works Agency
through the Hillside Erosion Control Ordinance.
3. Land Conservation Act (LCA) Contracts shall be encouraged on irtigated
farmlands and Open Space lands.
4. The Public Works Agency shall plan transportation capital improvements so
as to mitigate impacts to important farmlands to the extent feasible.
5. The County shall preserve agricultural land by retaining and expanding the
existing Greenbelt Agreements and encouraging the formation of additional
Greenbelt Agreements.
6. Discretionary development adjacent to Agricultural-designated lands shall not
conflict with agricultural use ofthose lands.
Six basic land use designations are utilized on the General Land Use Map:
Urban, Existing Community, Rural, Agricultural, Open Space, and State and
Federal Facilities. In addition, the General Land Use Map includes an overlay
designation of Urban Reserve. These designations are defined as follows:
• The Urban land use designation is utilized to depict existing and planned
urban centers which include commercial and industrial uses as well as residential
uses where the building intensity is greater than one principal dwelling unit per
two acres.
This designation has been applied to all incorporated lands within a city's
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Sphere oflnfluence as established by the Local Agency Formation Commission
(LAFCO), and unincorporated urban centers within their own Areas of Interest
which may be candidates for future incorporation.
***
• The Existing Community designation identifies existing urban
residential, commercial or industrial enclaves located outside Urban designated
areas. An Existing Community may include uses, densities, building intensities,
and zoning designations which are normally limited to Urban designated areas
but do not qualify as urban centers. This designation has been established to
recognize existing land uses in unincorporated areas which have been developed
with urban building intensities and urban land uses; to contain these enclaves
within specific areas so as to prevent further expansion; and to limit the building
intensity and land use to previously established levels. Thomas Aquinas College
is newly designated in this initiative as Existing Community, with the intention
that it be confined to its current boundaries with the understanding that it may
continue to intensify its building for its educationally related purposes.
• The Rural designation identifies areas suitable for low-density and
low-intensity land uses such as residential estates of two acres or greater parcel
size and other rural uses which are maintained in conjunction with agricultural
and horticultural uses or in conjunction with the keeping of farm animals for
recreational purposes.
The Rural designation also identifies institutional uses such as boarding
and non-boarding elementary and secondary schools. Additionally, the
designation is utilized for recreational uses such as retreats, camps, recreational
vehicle parks and campgrounds.
The designation of areas for Rural land uses is intended to accommodate
the need for low density rural residential development, which, in conjunction
with the higher density development of the Urban designated land uses, will
provide a full range of residential environments.
The areas considered for inclusion in the Rural designation are existing
clusters of rural development and areas deemed appropriate for future rural
residential development.
• The Agricultural designation is applied to iu igated lands which are
suitable for the cultivation of crops and the raising of livestock.
Because of the inherent importance of agriculture as a land use in and of
itself, agriculture is not subsumed under the Open Space land use designation,
but has been assigned a separate land use designation.
• The Open Space designation encompasses land as defined under Section
65560 of the State Government Code as any parcel or area of land or water
which is essentially unimproved and devoted to an open-space use as defined in
this section, and which is designated on a local, regional or State open-space
plan as any of the following:
o Open space for the preservation of natural resources including, but
not limited to, areas required for the preservation of plant and animal life,
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including habitat for fish and wildlife species; areas required for ecologic
and other scientific study purposes; rivers, streams, wetlands, bays and
estuaries; and coastal beaches, lakeshores, banks of rivers and streams,
and watershed lands.
o Open space used for the managed production of resources,
including but not limited to, forest lands, rangeland, agricultural lands not
designated agricultural; areas required for recharge of groundwater
basins; bays, wetlands, estuaries, marshes, rivers and streams which are
important for the management of commercial fisheries; and areas
containing major mineral deposits, including those in short supply.
o Open space for outdoor recreation, including but not limited to,
areas of outstanding scenic, historic and cultural value; areas particularly
suited for park and recreation purposes, including access to lakeshores,
beaches, and rivers and streams; and areas which serve as links between
major recreation and open-space reservations, including utility easements,
banks of rivers and streams, trails, and scenic highway corridors.
o Open space for public health and safety, including, but not limited
to, areas which require special management or regulation because of
hazardous or special conditions such as earthquake fault zones, unstable
soil areas, flood plains, watersheds, areas presenting high fire risks, areas
required for the protection of water quality and water reservoirs and areas
required for the protection and enhancement of air quality.
• For purposes of the County General Plan, "open space" also includes the
following:
o Open space to promote the formation and continuation of cohesive
communities by defining the boundaries and by helping to prevent urban
sprawl.
o Open space to promote efficient municipal services and facilities
by confining urban development to defined development areas.
3.2.1 Goals
1. Urban:
(1) Recognize areas within the County planned for urban development which are
currently incorporated or which are candidates for future incorporation.
(2) Direct urban development to existing cities and unincorporated urban centers
within their own Area of Interest, and maintain open space between urban areas.
(3) Discourage outward expansion of urban development when suitable
developable areas exist within cities and unincorporated urban centers.
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2. Existing Community:
Recognize and confine existing urban enclaves which are outside Urban
designated areas, even though the enclaves may include uses, densities, and
zoning designations normally limited to Urban designated areas.
3. Rural:
Recognize and plan for low density rural residential and recreational
development, while preserving resources, avoiding hazards, and providing
adequate public facilities and services.
4. Agricultural:
( 1) Identify Recognize the farmlands within the County that are critical to the
maintenance of the local agricultural economy and which are important to the
State and Nation for the production of food, fiber and ornamentals.
(2) Preserve and protect agricultural lands as a nonrenewable resource to assure
their continued availability for the production of food, fiber and ornamentals.
(3) Promote the economic viability of agricultural lands by assisting
agricultural producers and establishing zoning policies that support long term
investments in agriculture.
(3-) (4)Maintain agricultural lands in parcel sizes which will assure that viable
farming units are retained.
(4:-)(5) Establish policies and regulations which resttiet encourage agricultural
land to remain in farming and related uses. rather than other development
ptuposes.
(5-)(6) Restrict the introduction of conflicting uses into farming areas.
(7) Subject to state law, the Guidelines for Orderly Development, and applicable
zoning requirements, actively promote infrastructure, sized not larger than
necessary for the specific project, for farm worker housing to support the
continuing viability of agriculture.
5. Open Space:
(1) Preserve for the benefit of all the County's residents the continued wise use
of the County's renewable and nonrenewable resources by limiting the
encroachment into such areas of uses which would unduly and prematurely
hamper or preclude the use or appreciation of such resources.
(2) Acknowledge the presence of certain hazardous features which urban
development should avoid for public health and safety reasons, as well as for the
possible loss of public improvements in these areas and the attendant financial
costs to the public.
(3) Retain open space lands in a relatively tmdeveloped non-urbanized state so
as to preserve the maximum number of future land use options.
( 4) Retain open space lands for outdoor recreational activities, parks, trails and
for scenic lands.
(5) Define urban areas by providing contrasting but complementary areas which
should be left generally ttnde~eloped non-urbanized.
(6) Recognize the intrinsic value of open space lands and not regard such lands
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as "areas waiting for urbanization."
(7) Land Conservation Act (LCA) Contracts shall be encouraged on farming and
grazing and open space lands.
(8) Support the productive agricultural activities of Open Space designated
lands that are commonly used for agriculture, grazing, and ranching and that
are important to the overall economy of Ventura County.
***
3.2.2 Policies
***
2. Existing Community:
(1) The Existing Community designation shall include existing unincorporated
urban enclaves located outside cities and unincorporated urban centers.
(2) The Existing Community designation may recognize the range of zones
present in the area, be they residential, commercial, or industrial, or otherwise as
well as the range of existing population densities and building intensities.
***
3. Rural:
(1) Lands designated Rural are those located outside areas designated Urban or
Existing Community which are deemed suitable and appropriate for low-density
rural residential or recreational development.
(2) The smallest minimum parcel size consistent with the Rural land use
designation is two acres. Subzones may require larger minimum parcel sizes.
4. Agricultural:
(1) The Agricultural land use designation shall primarily include lands which are
designated as Prime Farmlands, Farmlands of Statewide Importance or Unique
Farmlands in the State's Important Farmland Inventory (IFI), although land may
not be designated Agricultural if small areas of agricultural land are isolated
from larger blocks of farming land (in such cases, the agricultural land is
assigned to the Open Space or Rural designation of the surrounding properties).
(2) The smallest minimum parcel size consistent with the Agricultural land use
designation is 40 acres. Subzones may require larger minimum parcel sizes.
(3) Agricultural land shall be utilized for the production of food, fiber and
ornamentals; animal husbandry and care; uses accessory to agriculture and
limited temporary or public uses.
5. Open Space:
( 1) Open Space should include areas of land or water which are set aside for the
preservation of natural resources, including, but not limited to, areas required for
the preservation of plant and animal life, including habitat for fish and wildlife
species; areas required for ecologic and other scientific study purposes; rivers,
streams, bays, wetlands, and estuaries; and coastal beaches, lakeshores, banks of
rivers and streams, and important watershed lands.
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(2) Open Space should also include areas set aside for managed production of
resources, including, but not limited to, forest lands, rangeland, agricultural
lands not otherwise designated Agricultural; areas required for the recharge of
groundwater basins; bays, estuaries, marshes, rivers, and streams which are
important for the management of commercial fisheries; and areas containing
major mineral deposits, including those in short supply.
(3) Open Space should also include areas within which recreational activities
can be pursued, including, but not limited to, use and enjoyment of recreational
trails and areas for hunting and fishing. Preservation of open space also serves
to protect areas of outstanding scenic, historic, and cultural value; areas
particularly suited for park and recreation purposes, including access to
lakeshores, beaches, and rivers and streams; and areas which serve as links
between major recreation and open space reservations, including utility
easements, banks of rivers and streams, trails, and scenic highway corridors.
( 4) Open Space should also include areas of land or water which are set aside for
public health and safety, thereby safeguarding humans and property from certain
natural hazards, including, but not limited to, areas which require special
management or regulation because of hazardous or special conditions such as
earthquake fault zones, unstable soil areas, flood plains, watersheds, areas
presenting high fire risks, areas required for the protection of water quality and
water reservoirs, and areas required for the protection and enhancement of air
quality.
(5) Open Space should also include undeveloped natural areas surrounding urban
designated areas which have been set aside to define the boundaries of the
urban-designated areas, to prevent urban sprawl, and to promote efficient
municipal services and facilities by confining the areas of urban development.
(6) The smallest minimum parcel size consistent with the Open Space land use
category is 10 acres. Subzones may require larger minimum parcel sizes.
(7) The minimum parcel size for Open Space properties contiguous with the
Agricultural land use designation shall be 20 acres.
Section 3. Implementation.
A. Upon the effective date of this initiative, the General Plan Amendment
shall be deemed inserted in the Ventura County General Plan, Goals, Policies
and Programs document as an amendment thereof; 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 2016, prior to the
effective date of this initiative, this General Plan amendment shall be deemed
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inserted in the County General Plan on the first day of January of the following
calendar year.
B. The provisions of this General Plan Amendment shall prevail over any
conflicting revisions to the County of Ventura's General Plan as amended
through the date of this initiative, or to the County of Ventura's "General Land
Use Maps" as amended through the date of this initiative which conflict with the
initiative. The County of Ventura is hereby authorized and directed to amend the
Ventura County General Plan, all specific plans, the Ventura County Zoning
Ordinance, the Ventura County Land Use and related zoning maps and other
ordinances and policies affected by this initiative as soon as possible and in the
manner and time required by any applicable state law, to ensure consistency
between the policies adopted in this initiative and other elements of the Ventura
County General Plan, all specific plans, the Ventura County Zoning Ordinance,
the Ventura County Land Use and related zoning maps and other ordinances and
policies. Upon the adoption date all General 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. Other than for the exceptions
provided herein, upon the effective date of this General Plan Amendment, the
County 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 provisions of this General Plan Amendment.
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Section 4. Exemptions for Certain Projects.
This General Plan Amendment initiative shall not apply to or affect the
following:
A. Any project which has acquired any of the following:
i. A vested right pursuant to state or local law;
ii. A validly approved and fully executed development agreement
with County; or,
iii. Approval of a vesting tentative map.
B. This initiative shall not be interpreted to apply to any land or use that,
under state or federal law, is beyond the power of the local voters to affect by
the initiative power reserved to the people via the California Constitution.
Nothing in this Initiative shall be applied to preclude the County's compliance
with state laws governing second units or the use of density bonuses where
authorized by state law.
Section 5. Severability.
This measure 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 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, subsection, 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 County and others in a manner that
facilitates the confinement of urban uses thereby protecting and promoting
agricultural, open space and rural lands, and preventing urban sprawl for the
duration of the Ordinance.
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