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2013-04 Ch. 30.00 Enc Right to Vote amendment ORDINANCE 2013-04 AN ORDINANCE OF THE PEOPLE OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE ENCINITAS RIGHT TO VOTE AMENDMENT THE PEOPLE OF THE CITY OF ENCINI T AS DO ORDAIN AS FOLLOWS: Title 30 of the Encinitas Municipal Code is hereby amended by adding a new Chapter 30.00 to read as follows: "Chapter 30.00 ENCINITAS RIGHT TO VOTE AMENDMENT Sections: 30.00.010 Section 1. Title 30.00.020 Section 2. Statement of Purposes and Intent 30.00.030 Section 3. Planning Policy Documents Covered 30.00.040 Section 4. Types of Amendments Covered 30.00.050 Section 5. Amendments to Encinitas Planning Policy Documents 30.00.060 Section 6. City Wide Height Limits 30.00.070 Section 7. This Measure Amends Existing Policy Documents 30.00.080 Section 8. Effective Date 30.00.090 Section 9. Priority 30.00.100 Section 10. Severability 30.00.110 Section 11. Conflict with Other Ballot Measures 30.00.120 Section 12. Amendment or Repeal 30.00.130 Section 13. Request for Special Election 30.00.010 Section 1. TITLE 1.1. This measure shall be known as the Community Character and Voters' Rights Initiative. 30.00.020 Section 2. STATEMENT OF PURPOSES AND INTENT. Our Zoning Map, General Plan and Zoning On,ina. ces provide important protections to many aspects of our community. This measure gives the Voters of Encinitas final word on major increases in zoning density or intensity of land use. In doing so, it is the intent of this measure to: 2.1.1. Protect our natural resources such as lagoons, watershed, riparian, and wildlife habitat, natural vegetation, bluffs, and hillsides for our lives, our children's lives and future generations. 2.1.2. Prevent the urbanization of our small town character and maintain the individual character of our five unique communities. 2.1.3. Ensure infrastructure and public benefits, such as schools, parks, roads, sewer, and water facilities, are adequately planned and funded prior to approving any increase in zoning. 2.1.4. Preserve our community's zoning and property rights in perpetuity, if we so choose. This measure does not limit development as currently permitted under existing vested property rights of land owners. It entrusts the protection of the community's shared property rights, including the final approval on proposed increased zoning densities, to the majority vote of the Voters of Encinitas. 30.00.030 Section 3. PLANNING POLICY DOCUMENTS COVERED. 3.1. After this measure becomes effective, no repeal, amendment or adoption of all or part of the following land use planning policy documents of the City of Encinitas may become effective unless and until there is compliance with provisions of this initiative measure: a. The text of the Encinitas General Plan's Land Use Element, b. The Land Use Policy Maps of the Encinitas General Plan (including the following policy maps: "Land Use Policy: Cardiff-by-the-Sea" LU-59, "Land Use Policy: Leucadia" LU-64, "Land Use Policy: New Encinitas" LU-67, "Land Use Policy: Old Encinitas" LU-73, and "Land Use Policy: Olivenhain" LU-77), c. The text of the Encinitas Zoning Regulations (Title 30 of the Encinitas Municipal Code), d. The Zoning Map of the City of Encinitas, e. Any Specific Plan for a geographic area within the City, or f. Any Development Agreement granting rights to develop private or public land. 3.2. In this initiative measure the above six items are referred to as the "Planning Policy Documents." 30.00.040 Section 4. TYPES OF AMENDMENTS COVERED. 4.1. A "Major Amendment" of any of the Planning Policy Documents means any amendment which results in any of the following changes to the development standards for any parcel of land affected by the proposed amendment: a. Increases the maximum allowable number of residential units which may be constructed on any parcel or group of parcels. b. Increases the maximum allowable number of separate parcels which may be created from an existing parcel or group of parcels. c. Changes zone type for a parcel or parcels from Agricultural, Public/Semi-Public, Ecological Resource/Open Space/Parks or Open Space to a different zone type. d. Changes zone type for a parcel or parcels from a non-mixed-use zone to mixed-use type zone resulting in additional residential units where none were previously permitted, allowing commercial where commercial was not previously permitted or increasing the maximum allowable residential units. e. Changes a parcel or parcels from any residential land use to allow any other non- residential land use. f. Increases the allowed maximum height of development or changes how height is measured such that additional height could be permitted than previously permitted. g. Increases the maximum allowable commercial or retail square footage for a parcel or group of parcels. h. Repeals any of the Planning Policy Documents. 4.2. A "Regular Amendment" of any of the Planning Policy Documents includes any amendment which is not a Major Amendment. 30.00.050 Section 5. AMENDMENTS TO ENCINITAS PLANNING POLICY. DOCUMENTS. 5.1. No Major Amendment of any of the Planning Policy Documents shall be effective unless and until it is approved by a simple majority vote of the voting electorate of the City of Encinitas voting 'YES' on a ballot measure proposing the Major Amendment at a regular or special election. The entire text of a Major Amendment and an easily readable map of the geographic area affected shall be included in the sample ballot material which is mailed to registered voters prior to the election. 5.2. No Major Amendment and no Regular Amendment of any of the Planning Policy Documents shall be effective unless and until it is approved by an ordinance adopted by the City Council, but no such amendment shall be considered until a public hearing is conducted on the proposed amendment at both the Planning Commission and at the City Council in the manner provided by state law and advance notice is given as required by section 4.3 below. 5.3. No public hearing to consider an amendment of any of the Planning Policy Documents shall be conducted less than 20 days after the date a notice accurately describing the proposed amendment is sent by first class mail to the owners of each parcel of land, and a notice is sent by first class mail addressed to the occupant of each lawful unit on each parcel of land, located within a radius measured outward 500 feet from the boundaries of each parcel of land affected by the proposed amendment. 5.4. The notice described in section 4.3 shall include at least all the following information in not less than 13 point type: a. The name of the applicant proposing the amendment. b. The total acreage of the area proposed for amendment. c. A easily readable map of all parcels affected by the amendment, including all street names. d. The land uses and building density currently allowed for each parcel affected. e. The land uses and building density proposed to be allowed for each parcel affected. f. The date, time, and place of the upcoming public hearing. 5.5. All Major Amendment and all Regular Amendment of any Planning Policy Documents shall be required to adhere to the Encinitas Community Participation Program as described in Chapter 23.06 of the Encinitas Municipal Code. 30.00.060 Section 6. CITY WIDE HEIGHT LIMITS. 6.1. Maximum Height. On and after the date this initiative measure becomes effective no building or structure shall exceed a maximum height of two stories or 30 feet. Height shall be measured from the lower of the natural or finished grade adjacent to the structure, to the highest portion of the roof immediately above. 6.2. Exemptions to Height Limit. The following structures are exempted from this height limit: Medical Complex development projects and specified buildings associated with a public high school on a minimum 10 acre site, as currently provided in Section 30.28.010(C) and (D) of the Encinitas Zoning Code. 30.00.070 Section 7. THIS MEASURE AMENDS EXISTING POLICY DOCUMENTS. 7.1. Once adopted by the voters, this measure shall amend and become a new part of the Encinitas General Plan's Land Use Element and the Encinitas Zoning Code (Title 30 of the Encinitas Municipal Code). 7.2. After the date this measure becomes effective the entire text of this measure shall be printed within all copies of the Encinitas General Plan Land Use Element and also within all copies of the Encinitas Zoning Code, and it shall appear immediately following the table of contents of each such document. 7.3 This measure repeals Policy 3.10, Exceptions 4 and 5 of Policy 3.12, and Policy 7.10 of the Encinitas General Plan's Land Use Element and Section 30.16.010(13)(6)(d) of the Encinitas Zoning Code. This measure does not repeal the remaining policies found in Goal 3 (growth management) of the Encinitas General Plan's Land Use Element, but intends to supplement (i.e., add to) the voter requirements found in those policies. 30.00.080 Section 8. EFFECTIVE DATE. 8.1. The provisions of this initiative measure shall become effective at twelve o'clock noon the day after it is approved at an election of the voters of the City of Encinitas. It shall be considered as adopted upon the date that the result of the election is declared by the City of Encinitas City Council, and shall go into effect 10 days after that date as specified in Section 9217 of the California Elections Code. 30.00.090 Section 9. PRIORITY 9.1. Once this initiative measure becomes effective, its provision shall prevail over and supersede all provisions of the municipal code, ordinances, resolutions, and administrative policies of the City of Encinitas which are in conflict with any provisions of this measure. 30.00.100 Section 10. SEVERABILITY 10.1. In the event a final judgment of a court of proper jurisdiction determines that a provision of this initiative measure, or a particular application of a provision, is invalid or unenforceable pursuant to a state or federal law or constitution, the invalid or unenforceable portion or application shall be severed from the remainder of this measure, and the remaining portions of this measure shall remain in effect without the invalid or unenforceable provision or application. 30.00.110 Section 11. CONFLICT WITH OTHER BALLOT MEASURES. 1 1.1. In the event that any other ballot measure is proposed for voter approval on the same election ballot as this initiative measure, and that other measure contains provisions which deal with the same or similar subjects, it is the intent of the voters in adopting this measure that it shall prevail over any such other ballot measure in its entirety to the extent that this measure is approved and receives a greater number of votes for approval of the other measure. In such case, no provision of the other measure shall become effective. 30.00.120 Section 12. AMENDMENT OR REPEAL. 12.1. Once this initiative measure becomes effective no provision of this measure may be amended or repealed except by a majority of the voters of the City of Encinitas voting on a ballot measure for that purpose. 30.00.130 Section 13 REQUEST FOR SPECIAL ELECTION 13.1. In the event that the initiative petition is signed by not less than 15 percent of the voters of the city according to the last report of registration by the county elections official to the Secretary of State, a special election to approve this ordinance is hereby requested pursuant to Section 9214 of the California Elections Code." PASSED, APPROVED AND ADOPTED by the People of the City of Encinitas at a Special Municipal Election held on the 18th day of June 2013, and Election Results certified by the Encinitas City Council on the 10`" day of July 2013. Kathy lywo d, City Clerk City of Encinitas, California