1.1
This measure shall be known as the Community Character and Voters' Rights Initiative.
(Ord. 2013-04)
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:
2.1.1
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. |
(Ord. 2013-04)
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."
(Ord. 2013-04)
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 nonresidential 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.
(Ord. 2013-04)
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 5.3 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 5.3 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. An 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.
(Ord. 2013-04; Ord. 2019-04)
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.
6.2
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; except for projects on sites with the R-30 Overlay land use designation, which shall be measured as provided by Chapter 30.16 of the Encinitas Zoning Code.
6.3
Exemptions to Height Limit. The following structures are exempted from this height limit:
a.
Medical Complex development projects as provided in Section 30.28.010(C);
b.
Specified buildings associated with a public high school on a minimum 10 acre site, as provided in Section 30.28.010(D); and
c.
Residential structures proposed on sites designated with the R-30 Overlay land use designation that meet the requirements of the R-30 OL Zone as provided in Chapter 30.16 of the Encinitas Zoning Code, as well as in the DVCM R-30 OL Zone of the Downtown Specific Plan, the N-R3 (R-30 OL), and N-L-VSC (R-30 OL) Zones of the North 101 Corridor Specific Plan; and the ER-R-30 Zone of the Encinitas Ranch Specific Plan.
(Ord. 2013-04; Ord. 2019-04)
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(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.
(Ord. 2013-04)
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.
(Ord. 2013-04)
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.
(Ord. 2013-04)
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.
(Ord. 2013-04)
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.
(Ord. 2013-04)
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.
(Ord. 2013-04)
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.
(Ord. 2013-04)