SR 05:021 - Laserfiche WebLink

is 40 pages long and makes many general plan ameodments impacting Measure D . .. various land uses. The initiati,~e's text alone addresses the subject of quarries. The ballot arguments and Coun~ counsel analysis presented ~0 fl~e voters are silent on the subject. In the text, q;~arries are treated in one finding and two policy statements. Tl~.e initiative finds that quarries "are massive, ugly and environmentally harmfel uses of land." The specific policies relating to quarries are as follows: "Policy 144: Except to the extent required by State law, no new quarry or other open-pit mine may be approved by the County ouiside the Urban Crtowth Boundary, unless approved by the voters of Alameda County. Excavation not adjacent to an existing qum-ry si~e and on,the same or an adjoining parcel shall be regarded as a new quarry. [~] Policy 144A: The quarry currently planned by the San Francisco Public Utility Commission in the Sunol area should not be established. If despite Policy 144 the quarry goes into operation, the County shall permit no related indu~U iai or manufacturing uses, notwithstanding any other provision of the Initiati.ve." The initiative also contains a general provision concerning its scope: "Section 22. ~ [~](a) This ordinance does not affect existing parcels, development, smactures, and uses that are legal at the time i~ becomes effective. However, snructures may not be enlarged, or altered and uses expanded or changed inconsistent with this ordinance, excepl as authorized by State law. [~(b) Except to the extent there is a legal right to development, the resUictions and requirements imposed by tkis ordinance shall apply to development or proposed development which has not received all necessary discretionary County and other approvals and permits prior to the effective date of the ordinance." (Underlining and bold in original.) DISCUSSION Our task when interpreting an initiative is to effectuate the elec~orate's inten~. (ltobert L. v. Superior Court (2003) 30 Cal.4th 894, 901.) That task is made diflicult l~ere by Measure D's ambiguous and conflicting text, and the lack of any harlot materials evidencing in.tent on the subject of q~,arfies.