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.
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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.
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(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)
