FULL TEXT OF MEASURE D
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The people of the County of Marin do resolve and ordain as follows:
Section 1. Title.
This initiative measure (“Initiative”) is called the “San Geronimo Community Plan Preservation and Protection Act.”
Section 2. Findings and Purpose.
- Findings. The People of the County of Marin find the following:
- The fabric of what makes Marin County unique relies on a broad spectrum of land use, with a diversified “portfolio” of public park lands, public open space, agricultural land, commercial land, residential land, and recreational facilities.
- The San Geronimo Valley is located in the heart of Marin County and typifies the County in its unique combination of natural, recreational, cultural, and historic attributes.
- The San Geronimo Valley Community Plan, adopted by the County Board of Supervisors on December 2, 1997 as part of the Marin Countywide Plan, recognizes the San Geronimo Valley Golf Course as representative of an important visual and recreational resource in the Valley. The Community Plan states that the golf course use should be retained with no major expansion of the facilities and that future uses should be limited to those which support the primary use as a golf course.
- Since 1968, the San Geronimo Valley Golf Course has been recognized by local, regional, and national organizations as the best golf course in Marin County.
- The San Geronimo Valley Golf Course provides social opportunities for all age groups and is used by the community for charitable and community events, in addition to use as a golf course at affordable prices, and is an economic engine for the County, generating revenues from fees and taxes and providing employment to County residents.
- The San Geronimo Golf Course provides a critically important firebreak, especially given the increasing frequency and number of catastrophic wildfires throughout the State and the Bay Area.
- A scientific study prepared for the California Department of Fish and Wildlife and the U.S. National Oceanographic and Atmospheric Administration concludes that golf course use can coexist with salmon in the San Geronimo Valley. Salmon spawning is largely dependent on the timing and amount of rainfall and other global conditions and will continue to vary regardless of whether the San Geronimo Golf Course exists.
- The San Geronimo Golf Course does not need to be “restored.” “Re-wilding” the San Geronimo Golf Course will waste millions of taxpayer dollars.
- The best use of the San Geronimo Golf Course, for the maximum use and enjoyment of the community and Marin County residents, and economic benefit to the County, is the existing golf course use.
- Purpose. The purposes of this Initiative are as follows:
- To give the voters of the County the power to determine whether the County should allow changes to eliminate the primary golf course use of the San Geronimo Golf Course.
- To ensure that the voters of the County are informed of accurate and complete environmental and economic information on any proposal to change the primary golf course use of the San Geronimo Golf Course.
- To ensure that County decision-makers conduct accurate and complete environmental review and fiscal analyses before eliminating the San Geronimo Golf Course.
Section 3. San Geronimo Valley Community Plan Amendments.
The voters hereby amend the San Geronimo Valley Community Plan as follows:
- Page IV-12 of the San Geronimo Valley Community Plan is hereby amended as follows to update the assessor parcel numbers for the San Geronimo Golf Course and mandate retention of the golf course use as the primary use of the San Geronimo Golf Course (new language to be inserted into the San Geronimo Valley Community Plan is shown as underlined text and language to be deleted is shown in
San Geronimo Valley Golf Course. (AP# 168-250-
2241, 171-371- 0204, 03, 171-372-01, 171-372-14). The golf course is approximately 157.28 acres of developed recreational land including clubhouse and restaurant facilities. The course represents an important visual and recreational resource in the Valley. The golf course use should must be retained with no major expansion of the facilities and . Ffuture uses should must be limited to those which support the primary use as a golf course, except as provided for in Policy CD-7.3 and Marin County Development Code Section 22.32.080.
- Page IV-23 of the San Geronimo Valley Community Plan is hereby amended as follows to add new requirements for any change from the primary golf course use to another use (new language to be inserted into the San Geronimo Valley Community Plan is shown as underlined text):
San Geronimo Valley Golf Course. Major changes in the use of the San Geronimo Golf Course should be evaluated by a master plan which could address traffic and other impacts as well as the rural character of the Valley; provided, however, that the County, through its Board of Supervisors, or any County agency or officer, may not authorize any change in the use of the San Geronimo Golf Course that does not contemplate as a primary use a golf course facility without the approval of the voters of the County in accordance with Development Code Section 22.32.080.
Section 4. Marin County Development Code Amendments.
Chapter 22.32 (Standards for Specific Land Uses) of the Marin County Development Code is hereby amended as follows to set forth the requirements for any change of a primary golf course use to another use (new language to be inserted into the Marin County Development Code is shown as underlined text):
Section 22.32.080 Golf Course Use Within the San Geronimo Valley Community Plan Area. The requirements of this section apply to golf course uses within the San Geronimo Valley Community Plan area.
Voter Approval for Change of Use. A change in use (including but not limited to landscape modifications or changes associated with termination of use) of property developed for a golf course use to any other use requires approval of a master plan in compliance with Chapter 22.44. In addition, any such change in use requires approval by a majority of the voters in Marin County. Prior to submitting any proposal for such change in use to the voters of the County, the County must prepare and approve (i) an economic study of the historic use of the golf course, including an accounting of revenues from the golf course over the two year period immediately prior to any proposed change in use; (ii) a fiscal impact analysis of the proposed change of use; and (iii) a report on the environmental impacts (including but not limited to those related to fire protection and safety) of the proposed change of use. in addition to the environmental review required under the California Environmental Quality Act. The Board of Supervisors must hold at least two duly noticed public hearings in compliance with Chapter 22.118 to consider and take action to approve the economic study, fiscal impact analysis. and report of environmental impacts.
Section 5. Effective Date and Implementation of this Initiative.
- In accordance with Elections Code Section 9122, if a majority of the voters vote in favor of this initiative, it will become a valid and binding ordinance of the County and will go into effect upon the earliest date legally possible. Upon the effective date of this Initiative, the County is directed to promptly take all appropriate actions needed to implement this Initiative.
- Upon the effective date of this Initiative, the provisions of Section 3 of this Initiative are hereby inserted into the San Geronimo Valley Community Plan, which is part of the Countywide Plan, the County’s general plan; except that if the four amendments of the General Plan permitted by state law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the San Geronimo Valley Community Plan amendments set forth in this Initiative will be the first amendments inserted into the Community Plan on January 1 of the next year.
- The San Geronimo Valley Community Plan in effect on the date of filing of the Notice of Intent to Circulate this Initiative (“Filing Date”), the San Geronimo Valley Community Plan as amended by this Initiative, and the Marin County Development Code as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies and standards for the County. To ensure that the County’s Countywide Plan, San Geronimo Valley Community Plan, and Marin County Development Code remain integrated, internally consistent and compatible, any provision of the Countywide Plan or San Geronimo Valley Community Plan or Marin County Development Code that is adopted between the Filing Date and the effective date of this Initiative will, to the extent that such interim-enacted provision is inconsistent with this Initiative, 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 Countywide Plan, the San Geronimo Valley Community Plan, and the Marin County Development Code.
Section 6. Effect of Other Measures on the Same Ballot.
In approving this Initiative, it is the voters’ intent to retain the primary golf course use of the San Geronimo Golf Course. In the event that this Initiative and one or more initiatives which, if approved, would regulate the use or development of the San Geronimo Golf Course in any manner whatsoever (each, a “Conflicting Initiative”) are adopted by the voters at the same election, then it is the voters’ intent that only the measure which receives the greatest number of affirmative votes will control in its entirety and said other measure or measures will be rendered void and without any legal effect. If this Initiative is approved by the voters at the same election as a Conflicting Initiative, and such Conflicting Initiative is later held invalid, this Initiative will be self-executing and given full force of law.
Section 7. Interpretation and Severability.
This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the County and others in a manner that facilitates the purpose set forth in this Initiative. If any provision of this Initiative is declared invalid, or any application thereof to any person or circumstance is held invalid, such invalidity will not affect any provision or application of this Initiative that can be given effect without the invalid provision or application. To this end, the provisions of this Initiative are severable.
Section 8. Amendment and Repeal.
The provisions of this Initiative may only be amended or repealed by a majority of the voters of the County voting in an election held in accordance with state law.