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Sample Ballot &Voter Information Pamphlet
SPECIAL MUNICIPAL ELECTION
Tuesday, June 18, 2013
PROTECT YOUR VOTE
KEY WAYS TO MAKE YOUR VOTE COUNT
✓MARK THIS PAMPHLET and take it with you to the polls.
✓MARK YOUR BALLOT as instructed.
✓VOTE AT ASSIGNED POLLING PLACE
(See label on back cover.)
✓ REQUEST TO VOTE BY MAIL?(See back cover.)
✓If you VOTE BY MAIL,save this pamphlet;your official ballot
will be mailed separately. Please be sure to sign the return
envelope,and mail it promptly.
Para solicitar informaci6n sobre los servicios de votaci6n disponibles en Espanol,
(lame al 858-565-5800 o gratis al 1-800-696-0136.
Tumawag sa 858-565-5800 o 1-800-696-0136 upang magtanong tungkol sa mga
serbisyo sa pagboto na makukuha sa wikang Filipino.
Xin goi so 858-565-5800 hole 1-800-696-0136 d$h6i ve cac dich vv bAu c&bang
tieng Viet.
F]Y�-gg;ty,�858-565-5800 1-800-696-0136
Polls open at 7 a.m.and close at 8 p.m.
For Questions or Additional Information a
Call 858-565-5800 OR 1-800-696-0136 r- J
Visit our website at: www.sdvote.com
Kathy Hollywood-Encinitas City Clerk-505 S.Vulcan Avenue-Encinitas,CA 92024
Phone:(760)633-2601
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Sample Ballot &Voter Information Pamphlet
SPECIAL MUNICIPAL ELECTION
Tuesday, June 18, 2013
PROTECT YOUR VOTE
KEY WAYS TO MAKE YOUR VOTE COUNT
✓MARK THIS PAMPHLET and take it with you to the polls.
✓MARK YOUR BALLOT as instructed.
✓VOTE AT ASSIGNED POLLING PLACE
(See label on back cover.)
✓ REQUEST TO VOTE BY MAIL?(See back cover.)
✓If you VOTE BY MAIL,save this pamphlet;your official ballot
will be mailed separately. Please be sure to sign the return
envelope,and mail it promptly.
Para solicitar informaci6n sobre los servicios de votaci6n disponibles en Espanol,
(lame al 858-565-5800 o gratis al 1-800-696-0136.
Tumawag sa 858-565-5800 o 1-800-696-0136 upang magtanong tungkol sa mga
serbisyo sa pagboto na makukuha sa wikang Filipino.
Xin goi so 858-565-5800 hole 1-800-696-0136 d$h6i ve cac dich vv bAu c&bang
tieng Viet.
F]Y�-gg;ty,�858-565-5800 1-800-696-0136
Polls open at 7 a.m.and close at 8 p.m.
For Questions or Additional Information a
Call 858-565-5800 OR 1-800-696-0136 r- J
Visit our website at: www.sdvote.com
Kathy Hollywood-Encinitas City Clerk-505 S.Vulcan Avenue-Encinitas,CA 92024
Phone:(760)633-2601
001
1. Check In
Receive ballot,pen,and
secrecy sleeve from poll worker
3. Vote
Completely fill in the oval.
DO NOT circle or mark oval
with an"X"or a"✓".
• CORRECT
INCORRECT
19 INCORRECT
5. Review Ballot
Check your ballot. If you vote for more than
the number of choices allowed on a contest,
your vote(s)on that contest,by law,cannot
be counted.
R iew
7. Keep it Secret
Place your completed ballot into
the secrecy sleeve.r"^_
2. Important
Make your vote count. DO NOT use pencil or
red ink. DO NOT initial your ballot or make any
identifying marks.
0
4. Complete Ballot
Vote the ballot.To vote for a qualified write-in
candidate,write in the name on the blank line
and fill in the oval.
OFFICIAL BALLOT
=o -
=o
=o =
=o
=o
6. If Any Errors
If you make a mistake,ask for a replacement
ballot. DO NOT attempt to correct it.
�1iyro _ OFFICIALBALLOT
Oke = _
I
8. Cast Ballot
Place ballot in the secrecy sleeve prior to
dropping in the ballot box.
Poll workers are available to help you if you have questions or need assistance.
For more information,please visit www.sdvote.com or call 858.565.5800.
IMPORTANT VOTER INFORMATION
VOTER REGISTRATION
WHEN TO RE-REGISTER: If you have moved since you last
registered to vote, wish to change your party preference, or have
changed your name, you need to re-register as soon as possible.
You must register by June 3, 2013 to be able to vote in the
June 18, 2013 Special Municipal Election, City of Encinitas.
WHERE TO OBTAIN A VOTER REGISTRATION FORM: Anyone
who is eligible to register to vote in California can use the new
California Online Voter Registration system. You can find the
online application at the "Registrar of Voters" website at
www.sdvote.com. Click on "Register to Vote" and follow the
instructions. Voter registration cards are also available and can be
found at Post Offices, Department of Motor Vehicles offices,
Library buildings, various City Clerk offices, and the Registrar of
Voters office.
NOTE: You can check the status of your registration by visiting
www.sdvote.com. Follow the prompts to verify your voter
registration.
VOTE BY MAIL BALLOT
PERMANENT VOTE BY MAIL VOTER: If you are currently a vote
by mail voter, you will automatically receive your mail ballot. To
confirm your voting status and see your polling location,
review the colored mailing label on the back cover of this
pamphlet. If the label indicates you are a permanent mail ballot
voter, please do not reapply --- we begin mailing the vote by mail
ballots on May 20, 2013. If you do not receive your ballot by
May 29, 2013, please call the Registrar of Voters office at
858-565-5800.
TO VOTE BY MAIL FOR THIS ELECTION: If you wish to vote by
mail for this election only, complete and mail the application on the
back cover of this pamphlet, and either mail, fax (858-694-2955), or
email (ROVMail @sdcounty.ca.gov) the application to the Registrar
of Voters, 5201 Ruffin Road, Suite I, San Diego, CA 92123. Mail
Ballot applications must arrive at the Registrar's office no
later than 5:00 pm, June 11, 2013.
• DEADLINE TO SUBMIT MAIL BALLOT: The deadline to return
your mail ballot is 8:00 pm Election Day (postmarks do not count).
Ballots received after 8:00 pm will not be counted. You can track
IVI-7
N SD 001-001
and confirm when your ballot was mailed to you and when your
voted ballot was received by the Registrar of Voters by visiting
www.sdvote.com.
REMINDERS CONCERNING YOUR SIGNATURE
• Your mail ballot return envelope must be signed and your signature
must match the original signature on your voter registration card.
• Your signature must be written and not printed, unless you printed
your signature on your original registration card.
• Please review instructions included with your vote by mail packet.
If you have any questions, please call the Registrar of Voters office
at 858-565-5800.
VOTERS WITH SPECIFIC NEEDS INFORMATION
• Touchscreen Voting
To enable you to vote independently and in privacy, each polling
location for this election will include a touchscreen (see
"Touchscreen Voting Instructions" following page).
• Audio Touchscreen Voting
Each touchscreen will be equipped with a headset and a
telephone-style keypad for audio-based voting. Specific audio
touchscreen voting instructions will be available at each polling
location.
• Accessible Polling Locations
The Registrar of Voters Office strives to ensure that each polling
location is accessible to all voters, including the disabled and
elderly.
IVI-8
Please refer to this symbol on the back cover
of this pamphlet. If your polling place is not
accessible, please call the Registrar of
Voters Office at 858-565-5800 for alternative
- voting methods.
You may request to have a ballot brought to an accessible location
as near as possible outside the polls. You may also select the
assistance of not more than two persons to help you complete your
ballot.
The Registrar of Voters Office has a TDD (Telecommunications
Device for the Deaf). For assistance, please call 858-694-3441.
N SO 001-002
1.INSERT VOTER CARD
Insert Voter Card received from
Poll Worker.
nInstructionsto",ro Vot m a canaitlam,o,next 1.aa A�X cea.�c me ec.our intent.
5. REVIEW SELECTION
A summary of your choice will be displayed.
Review your selection. To make changes,
touch the BACK button or measure. After
changing selection,touch SUMMARY. Then
touch PRINT BALLOT to generate a paper copy.
7. CAST BALLOT
Touch CAST BALLOT to record your vote
or touch REJECT BALLOT to return to summary
screen to make changes.
FP-01-02
2. SELECT LANGUAGE
TOUCH THE BOX next to the language of
your choice.Then touch START.
4. MAKE SELECTION
TOUCH THE BOX next to the"YES"or"NO"
on the measure.
6. VIEW PAPER COPY
Review to confirm your selection.
The paper copy is not a receipt;it is kept
and stored as a paper record of your vote.
8. REMOVE VOTER CARD
Once you CAST BALLOT,return Voter Card
to Poll Worker.You have now completed
voting.
N SO 001-003
OFFICIAL BALLOT
CITY OF ENCINITAS
SPECIAL MUNICIPAL ELECTION-Tuesday,June 18,2013
CITY OF ENCINITAS
PROP A Shall the people of Encinitas adopt
an initiative measure, known as"The Encinitas
Right to Vote Amendment"to require voter
approval, by a majority vote of the electorate,
for a major amendment to a planning policy
document(defined to mean the Land Use
Element of the General Plan, Land Use Policy
Maps of the General Plan,Zoning Code,Zoning
Map, any specific plan,and development
agreements)and to impose a citywide height
limit?
O YES
NO
O
VOTER INFORMATION
PAMPHLET
The following pages contain
LOCAL BALLOT MEASURE,
IMPARTIAL ANALYSIS,
ARGUMENTS AND REBUTTALS
ARGUMENTS AND REBUTTALS
Arguments in support of or in opposition to the proposed measures are
the opinions of the authors and have not been checked for accuracy by
any official agency.
D7C4D3BD 1033 00001 01 N SD 001-004 3-ENC N SD 001-005
CITY OF ENCINITAS
Proposition A
(This proposition will appear on the ballot in the following form.)
Shall the people of Encinitas adopt an initiative measure, known as "The
Encinitas Right to Vote Amendment"to require voter approval, by a majority
vote of the electorate, for a major amendment to a planning policy
document (defined to mean the Land Use Element of the General Plan,
Land Use Policy Maps of the General Plan, Zoning Code, Zoning Map, any
specific plan, and development agreements) and to impose a citywide
height limit?
This proposition requires approval by a simple majority
(over 50%)of the voters.
Full text of this proposition follows the arguments and rebuttals.
CITY ATTORNEY IMPARTIAL ANALYSIS OF PROPOSITION A
The Encinitas General Plan and Zoning Code establishes land use and
development regulations. They generally require voter approval of any change in the density,
intensity or type of allowed development,but exempt those changes that the City Council
finds,by a four-fifths vote,either are minor in nature or are a"significant public benefit." The
General Plan and Zoning Code also generally limit building height to two stories or 30',with
lower limits for certain residential uses,and higher limits for certain medical developments and
public high schools,and development pursuant to approved specific plans.
This Initiative, if approved by the Encinitas electorate,would require voter approval
for certain amendments to the General Plan,Zoning Code and Zoning Map,and to approved
specific plans and development agreements. The principal amendments requiring voter
approval would be those that:
• Increase the maximum number of residential units or commercial intensity on any
parcel;
• Increase the maximum allowable number of separate parcels created from a parcel;
• Change the zoning on a parcel from residential to non-residential;or
CITY ATTORNEY IMPARTIAL ANALYSIS OF PROPOSITION A
(continued)
The Initiative would also repeal the existing policies that allow certain land use changes
without voter approval if they are"minor"or provide"significant public benefit."
The Initiative would impose a City-wide height limit of two stories or 30',except for
certain medical developments and public high school buildings,and would repeal existing
provisions allowing higher structures under approved specific plans. The Initiative would also
modify existing public hearing notice requirements.
The Initiative's voter approval requirements and height limit would conflict with a
number of City General Plan and Zoning Code provisions,and make more difficult the City's
ability to comply with mandatory State statutory housing requirements. The voter approval
requirements and height limit would also conflict with certain State housing statutes(including
density bonus law),but the statutes would prevail over the Initiative. The voter approval
requirements would create an internal General Plan inconsistency that violates State law but is
curable. The Initiative's City-wide height limit would conflict with and supersede different
heights currently allowed under a number of approved specific plans,but would not apply to
the approved Encinitas Ranch Development Agreement(until its expiration in 2014). The
height limit would also increase the allowable height for the construction of most residential
and accessory structures.
The Initiative's effective date would differ depending on whether lands are located
inside or outside the State's defined"coastal zone."With respect to those portions of Encinitas
outside the coastal zone,this Initiative would take effect ten days after the Encinitas City
Council certifies that it received a majority of the votes cast on the measure. The Initiative
would take effect within the coastal zone portions of Encinitas following both voter approval
and certification by the California Coastal Commission. As a result,if approved by the voters,
this Initiative might apply to only a portion of Encinitas for a period of time.
• Change the zoning to a mixed use zone that allows new or additional residential
units or commercial uses.
PR-09VO-1 N SD 001-006 PR-09VO-2 N SD 001-007
ARGUMENT IN FAVOR OF PROPOSITION A
Vote YES on Proposition A to guarantee your right to vote on increases in zoning density
or building heights above Encinitas'existing 30-foot/two-story height limit. It's that simple.
Our current General Plan,the City's constitution,already provides for our right to vote on
zoning increases. Unfortunately,it also allows the City Council to bypass a public vote if they
believe the zoning increase provides a"public benefit." Past Councils have freely exercised
this loophole for minimal benefits such as added commercial space or increased housing.
Proposition A eliminates this loophole and requires a public vote on up-zoning.
Proposition A also upholds the Encinitas General Plan's 30-foot/2-story height limit.
Using their loophole,previous Councils adopted special planning areas in Downtown
Encinitas, Encinitas Ranch,and North 101,allowing 3-story buildings and buildings taller than
30 feet. Moonlight Lofts and Pacific Station are examples of tall projects built using this
loophole. Passing Proposition A will restore the public's right to vote before buildings
exceeding two stories or 30 feet can be built.
Why Now? Our City Council's appointed committee recommended increases in density up to
45 units per acre and increases in height up to 5 stories in certain locations throughout the
City. (ERAC committee 3/22/12 minutes and Draft Housing Policy Report dated 9/27/2012.)
The committee's strategy includes potentially up-zoning the strawberry fields on Manchester to
"30+dwelling units per acre"and allowing multi-story residential units above retail stores along
El Camino Real. Imagine the traffic!
A YES vote will preserve and protect our low density community character while putting
responsible growth and development in the hands of voters.
The choice is yours. Protect our quality of life and small beach town community character
Vote YES on Proposition A.
www.EncinitasRightToVote.com for more details.
REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION A
PROP A IS NOT THAT SIMPLE!
Encinitas citizens ALREADY have the right to vote on upzoning without Prop A.
Your City Council unanimously agrees to protect your right to vote. Voting NO on Prop
A avoids developer driven campaigns and wasting taxpayer dollars on lawsuits.
An indeoendent studv identified manv adverse conseauences.
LET'S NOT GOVERN FROM FEAR
THERE NEVER WERE, AND WILL NOT BE, APPROVED PLANS FOR 5-STORY
BUILDINGS IN ENCINITAS. Major land use changes HAVE ALWAYS happened with a vote
of the people and the Council is committed to codifying this practice.
LIMITS PRIVATE PROPERTY RIGHTS
Prop A changes how height is measured,which limits what you can do on undeveloped
land and allows taller structures in existing developments. Imagine a 30-foot structure
five feet from your property line.
TAKES AWAY LOCAL CONTROL
Proposition A takes away local control that was reflected in the neighborhood-based
Specific Plans for the Highway 101 Corridor and Encinitas Ranch and undermines years of
work. The extensive public process that went into these adopted and Coastal Commission
approved land-use planning documents deserves to be upheld. Prop A will make responsible,
quality projects more difficult, more expensive and potentially infeasible. It may also threaten
historic preservation efforts.
COUNCIL CONSENSUS
Our Council doesn't always agree on issues facing our city. However, the voters elected a
Council that understands its responsibility to protect and enhance quality of life and community
character. That's why your City Council unanimously recommends that you VOTE NO
ON PROP A!
Bob Bonde
Bruce Ehlers
Leader of the Encinitas
Former Encinitas
Incorporation Effort
Planning Commissioner
Teresa Arballo Barth
Mayor
Ian Thompson
Husband of former Encinitas
Councilmember, Maggie Houlihan
Tony Kranz
Olivier Canler
Dennis Holz
Council Member
Leader of Save New Encinitas
Former Encinitas Mayor
and Councilmember
Kristin Gaspar
Council Member
Lisa Shaffer
Deputy Mayor
Mark Muir
Council Member
PR-09VO-3 N SD 001-008 PR-09VO-4 N SD 001-009
ARGUMENT AGAINST PROPOSITION A
Your City Council opposes Proposition A as written. While the Council does agree with the
intent of individual parts of the proposition,state law does not allow voters to approve portions
of an initiative;it must be accepted or rejected in whole. This is why the Council voted to
recommend a NO vote on Proposition A.
HEIGHT LIMIT
Proposition A imposes a city-wide height limit and changes how building height is measured.
It could be interpreted to allow raising the existing lower-than-30-foot limit to a higher 30-foot
limit in residential areas.
OVERRIDES COMMUNITY PLANS
Prop A would undermine efforts supported by a decade of public input to revitalize Highway
101 in our downtown and Leucadia. These changes would override existing policies and
supersede the Downtown, Encinitas Ranch,and North 101 Specific Plans.
DIVIDES OUR COMMUNITY
The Initiative makes changes in the Coastal Zone that could not be implemented without
approval from the Coastal Commission. This could result in different rules for different parts of
Encinitas and increase,rather than decrease,development pressures in this area.
STATE MANDATES REMAIN
Proposition A will reduce the City's ability to manage state required growth. If land use plans
are challenged,courts could intervene in our local planning decisions.
COMMITMENT TO PROTECT
The Encinitas City Council is committed to preserving quality of life and community character
that makes Encinitas such a special place. The Council will propose changes to the General
Plan(Land Use Policies 3.10&3.12.5)to require zoning changes and General Plan Updates
to be approved by a public vote providing the community with a greater voice in our future.
This will fulfill the spirit of Proposition A--the right to vote on upzoning-without the potential
adverse consequences.
Please vote NO on Proposition A.
Teresa Arballo Barth
Mayor
Kristin Gaspar
Council Member
Tony Kranz
Council Member
Lisa Shaffer
Deputy Mayor
Mark Muir
Council Member
REBUTTAL TO ARGUMENT AGAINST PROPOSITION A
We believe the Voters of Encinitas overwhelmingly oppose increased densities and
taller buildings. Proposition A guarantees voters the opportunity to approve future increases
in zoning density and height.
It is urgent to pass Proposition A to prevent the Council from exercising their loophole to
increase housing density and building heights as part of the upcoming General Plan Update.
Imagine Council-approved taller buildings, more houses and more traffic if Proposition
A doesn't pass!
The opposition's claim that Proposition A will increase building heights is outlandish.
Proposition A upholds the current General Plan's city-wide maximum height that states,
"no building or structure shall exceed a maximum height of two stories or 30 feet." Proposition
A does not override the current Municipal Code that enforces lower height limits in residential
zones and for accessory units. It doesn't infringe on existing property rights.
Why would the Council oppose Proposition A? Would they vote differently from you? Do
they fear your vote? Measure their actions, not their words.
It is simple!Whose vote do you trust:politicians'or yours?
Don't be fooled by slick scare tactics by developers and others who seek to defeat your right to
vote. Development harmonious with current zoning gets approved. Increases will require your
vote. Encinitas belongs to the voters, not developers. Vote YES to keep your right to
approve future major zoning increases.
Vote YES on Proposition A to guarantee voters have local control to preserve and protect
Encinitas for generations.
Ed Wagner
past President,
Encinitas Taxpayers Association
Denise Martin
New Encinitas Resident
PR-09VO-5 N SD 001-010 PR-09VO-6
Peter Stern
Cardiff Resident
Barbara Yost
2012 Encinitas
Council Candidate
Susan Turney
Leucadia Resident
N SD 001-011
The text of the Initiative Measure is as follows:
CITY OF ENCINITAS INITIATIVE MEASURE TO BE SUBMITTED
DIRECTLY TO THE VOTERS
THE PEOPLE OF THE CITY OF ENCINITAS DO ORDAIN AS FOLLOWS:
Section 1. TITLE.
1.1. This measure shall be known as the Community Character and Voters'Rights Initiative.
Section 2. STATEMENT OF PURPOSES AND INTENT.
Our Zoning Map, General Plan and Zoning Ordinances 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. 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.
2.2. Prevent the urbanization of our small town character and maintain the individual
character of our five unique communities.
2.3. 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.
2.4. 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.
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."
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.
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.
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.
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
PR-09VO-7 N SD 001-012 PR-09VO-8 N SD 001-013
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(B)(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.
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.
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.
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.
Section 11. CONFLICT WITH OTHER BALLOT MEASURES.
11.1..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.
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.
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.
Build Better Health by...
• WALKING FOR 30 MINUTES A DAY
• EATING MORE FRUITS AND VEGETABLES
• NOT SMOKING
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PR-09VO-9 N SD 001-014 FP-05-14 N SD 001-015
Call(858)565.5800 or visit SDVOTE.com Mail Application to:
Registrar of Voters Election Services Division 5201 Ruffin Rd.Suite I San Diego,CA 92123
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