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HomeMy WebLinkAbout2008/01/22 Item 7 CITY COUNCIL AGENDA STATEMENT January 22, 2008 Item----=1- ITEM TITLE: CONSIDERATION OF MATTERS REGARDING INITIATIVE PETITION ENTITLED "AN INITIATIVE PETITION TO AMEND, BY ORDINANCE, THE CITY OF CHULA VISTA'S GENERAL PLAN TO REQUIRE VOTER APPROVAL FOR ANY GENERAL PLAN CHANGE THAT WOULD INCREASE ALLOWABLE BUILDING HEIGHTS ABOVE 84 FEET IN MOST AREAS OF THE CITY, EXCEPT WEST OF INTERSTATE 5, AND TO SET A BUILDING HEIGHT LIMIT OF 45 FEET ON THIRD AVENUE BETWEEN E AND G STREETS" SUBMITTED BY: Donna Norris, Interim City CIerk,(W SUMMARY The proponents of an initiative petition regarding an amendment to the City's General Plan, by ordinance, to require voter approval for any change to the Plan regarding allowable building heights in certain areas of the City filed the signed petition with the City Clerk on December 18, 2007. The number of valid signatures required for the Council to act upon this initiative petition is 9,113, ten percent of the voters of the City. The petition was forwarded to the San Diego County Registrar of Voters, and the petition signatures were validated up to the required number, with notification to the City on January 16, 2008. Elections Code Sections 9114 and 9211 require the City Clerk to certifY the results of the examination to the City Council at its next regular meeting. Further, Elections Code section 9215 requires the City Council to take action on the initiative petition. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity of placing an initiative on the ballot for consideration by the electorate, to amend by ordinance the City of Chula Vista's General Plan is not a "Project" as defined under Section 15378(b)(3) of the State CEQA Guidelines because it is the submittal ofa proposal to a vote of the people that is not City sponsored; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. 7-1 January 22, 2008 ItemL Page 2 of 5 RECOMMENDATION Adopt Resolutions (A) and (B) set forth below, and take action on item (C) as desired. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES FOR THE INITIATIVE PETITION REGARDING AMENDING, BY ORDINANCE, THE CITY'S GENERAL PLAN REGARDING ALLOWABLE BUILDING HEIGHTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING NECESSARY FUNDS FOR THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES BY THE COUNTY REGISTRAR OF VOTERS REGARDING THE INITIATIVE PETITION REGARDING ALLOWABLE BUILDING HEIGHTS (4/5thsVOTE REQUIRED) C. CONSIDERATION OF ACTION ON INITIATIVE PETITION, AS REQUIRED BY ELECTIONS CODE SECTION 9215, SPECIFICALLY TAKING ONE OF THE FOLLOWING ACTIONS: (i) CONSIDERATION OF ADOPTION OF ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE GENERAL PLAN TO REQUIRE VOTER APPROVAL FOR ANY GENERAL PLAN CHANGE THAT WOULD INCREASE ALLOWABLE BUILDING HEIGHTS ABOVE 84 FEET IN MOST AREAS OF THE CITY, EXCEPT WEST OF INTERSTATE 5, AND TO SET A BUILDING HEIGHT LIMIT OF 45 FEET ON THIRD AVENUE BETWEEN E AND G STREETS (ii) (a) CONSIDERATION OF ADOPTION OF RESOLUTION SUBMITTING THE INITIATIVE PETITION REGARDING AMENDMENT TO THE CITY'S GENERAL PLAN ON ALLOWABLE BUILDING HEIGHTS TO THE VOTERS BY PLACING THE INITIATIVE MEASURE ON THE BALLOT TO BE CONSIDERED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008 (b) CONSIDERATION OF ADOPTION OF RESOLUTION APPROPRIATING REQUIRED FUNDS TO PLACE THE INITIATIVE MEASURE REGARDING ALLOW ABLE BUILDING HEIGHTS ON THE BALLOT AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008 (4/5TH VOTE REQUIRED) (iii) Refer the initiative measure to any City agency or agencies for a report pursuant to Elections Code section 9212, to be returned to Council within 30 days on any or all ofthe following: 7-2 January 22, 2008 Item 7 Page 3 of5 1. Its fiscal impact. 2. Its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 69515) of Division I of Title 7 of the Government Code. 3. Its effect on the use ofland, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. 4. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. 5. Its impact on the community's ability to attract and retain business and employment. 6. Its impact on the uses of vacant parcels of land. 7. Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. 8. Any other matters the legislative body requests to be in the report. If Option C is chosen, at the time the report is presented to the Council, it shall either adopt the ordinance within ten days or order an election to be held at the next regular municipal election - June 3, 2008. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION An initiative petition entitled, "An Initiative Petition to Amend, by Ordinance, the City of Chula Vista's General Plan to Require Voter Approval for Any General Plan Change That Would Increase Allowable Building Heights Above 84 Feet in Most Areas of the City, Except West of Interstate 5, and to Set a Building Height Limit of 45 Feet on Third Avenue Between E and G Streets" (Exhibit A to the Resolution accepting certification) was filed with the City Clerk's office on December 18, 2007. The petition was forwarded to the San Diego County Registrar of Voters, and the petition signatures were validated up to the required number of 9,113 signatures (ten percent of the voters of the City, in accordance with Elections Code Section 9215). The certification by the Registrar of Voters (attached to the initiative petition) was received January 16,2008, and the proponents of the initiative were notified. 7-3 January 22,2008 Item 1 Page 4 of5 As noted above, this measure qualifies for the ballot pursuant to Elections Code 9215, which relates to ordinances that may be enacted pursuant to the initiative process. The placement of an initiative petition regarding a City ordinance differs from one dealing with a charter amendment. (Elections Code section 9255 addresses the submission of charter amendments to the voters.) Elections Code section 1405(b) requires the Council, if it chooses to submit the ordinance without alteration to the voters, to do so "at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election." Chula Vista's next regular election is set by Chula Vista Charter section 900, which provides that the general municipal elections shall be held in the City of Chula Vista on the same date in each election year as the California State primary elections, which is June 3, 2008. Once the resolution accepting the certification is adopted, the Council must take one of the following actions, set forth in Elections Code section 9215: Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented; or Submit the ordinance, without alteration, to the voters at the next regular municipal election; or Order a report pursuant to Elections Code Section 9212 (as outlined above) at the regular meeting at which the certification of the petition is presented. The report must be returned within 30 days; and at that time, the Council must either adopt the ordinance within ten days or order an election to be held at the next regular municipal election - June 3, 2008. If the Council chooses to submit this measure to the voters, the Council, any member or members of the Council, or any individual voter, bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against the measure, not to exceed 300 words in length. This procedure is governed by Elections Code section 9282. Arguments in favor or against this measure will be due to the City Clerk by March 19,2008. Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments, rebuttal arguments will be allowed, in accordance with Elections Code section 9285. Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will be March 27, 2008 in the City Clerk's office. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and found no property holdings within 500 feet of the boundaries of the Third Avenue between E and G Streets, which is one area that is subject of this action. Staff has further determined that there is no disqualifying conflict of interest for any Councilmember as the action relates to allowable building heights throughout the City, under the public generally exception contained in California Code of Regulations, Title 2, Section 18707, because the action will affect a significant segment of property owners in substantially the same manner. 7-4 January 22, 2008 Item 7 Page 5 of 5 FISCAL IMPACT The cost to verifY the signatures is estimated to be $12,000. The Registrar of Voters' staff has estimated the cost to place a measure on the June 3, 2008 ballot to be $54,000. It is therefore requested that $12,000 be appropriated to the City Clerk's Election Supplies and Services budget, and if the resolution placing the measure on the June 3, 2008 ballot is adopted, it is requested that an additional appropriation of $54,000 be made to the City Clerk's Election Supplies and Services budget. ATTACHMENTS I. Resolution certifYing signature verification results and Exhibit "A" thereto (Proposed initiative measure and Certification) 2. Resolution appropriating funds for the certification of sufficiency of signatures 3. Ordinance amending the General Plan to require voter approval of certain changes and designate certain height limits 4. Resolution placing the initiative measure on the June 3, 2008 ballot 5. Resolution appropriating funds for placement of the initiative measure on the June 3, 2008 ballot. Prepared by: Donna Norris. Interim City Clerk 7-5 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES FOR THE INITIATIVE PETITION REGARDING AMENDING, BY ORDINANCE, THE CITY'S GENERAL PLAN REGARDING ALLOWABLE BUILDING HEIGHTS WHEREAS, the proponents of an initiative petition entitled, "An Initiative Petition to Amend, by Ordinance, the City of Chula Vista's General Plan to Require Y oter Approval for Any General Plan Change That Would Increase Allowable Building Heights Above 84 Feet in Most Areas of the City, Except West of Interstate 5, and to Set a Building Height Limit of 45 Feet on Third A venue Between E and G Streets" filed the signed petition with the City Clerk on December 18, 2007; and WHEREAS, pursuant to California Elections Code Section 9215, the required number of signatures was 9,113, which was ten percent of the 91,122 voters in the City ofChula Vista as officially reported by the County Registrar of Voters to the Secretary of State on February 20, 2007; and WHEREAS, the City of Chula Vista received a certificate from the County of San Diego Registrar ofYoters, attached to the proposed initiative measure presented herewith as Exhibit "A" hereto, certifYing the results of the Registrar's examination of the number of signatures and verification of the signatures affixed to the petition; and NOW, THEREFORE, BE IT RESOL YED THAT the City Council of the City of Chula Vista does hereby accept the certification of sufficiency of an initiative petition entitled, "An Initiative Petition to Amend, by Ordinance, the City of Chula Vista's General Plan to Require Voter Approval for Any General Plan Change That Would Increase Allowable Building Heights Above 84 Feet in Most Areas of the City, Except West of Interstate 5, and to Set a Building Height Limit of 45 Feet on Third Avenue Between E and G Streets." Presented by: Approved. as to form by: t&5; Ann Moore r~ity Attorney Donna R. Norris Interim City Clerk 7-6 EXHIBIT A DEBORAH SEILER Registrar of Voters OJount\! of ~an ~i~go REGISTRAR OF VOTERS 5201 Ruffin Road, Suite I, San Diego, California 92123-1693 Office: Fax: TOO: Toll Free: (858) 565-5800 (858) 694-2955 (858) 694-3441 (800) 696-0136 MICHAEL VU Assistant Registrar January 15, 2008 Susan Bigelow, City Clerk City of Chula Vista 276 Fourth Ave Chu1a Vista, CA 91910-2631 Re: "An initiative petition to amend, by ordinance, the City of Chula Vista's General Plan to require voter approval for any General Plan change that would increase allowable building heights above 84 feet in most areas of the City, except west ofInterstate 5, and to set a building height limit of 45 feet on Third Avenue between E and G streets." As directed by your office, we have conducted a verification of up to 9,113 valid signatures from the total of 15,429 submitted. Results of the verification process are as follows: . Date petition was received in our office.................... ..December 19, 2007 . Number of sections submitted .................................................................1,925 . Number of signatures submitted............................................................15,429 . Number of signatures verified ...............................................................12,228 . Number of signatures found NOT sufficient ...........................................3,115 (includes 862 duplicates) . Number of signatures found sufficient ....................................................9,113 If you need further assistance please call Rosemarie Ganzon at (858) 694-3443. ~ DEBORA SEILER Registrar of Voters 7-7 .~ :~. :,'~ ,~{' ~1~, '1fT PETITION FOR SUBMISSION TO VOTERS "-. ."',- -(-,.- PROTECTION.OF GE-NERAL PLAN ~. /'~,~-:j,.~ j !1") THROUGH VOTER APPROVAL OF CERTAIN CHANGES AND DESIGNATION OF HEIGHT LIMITS Section 1. Purpose and Findinl!S - Protection from overlv intensive develooment and taller buiIdinl!:s This ordinance is intended to protect Chula Vista residents from the traffic, visual, co=unity character and infrastructure impacts from overly intensive development and taller buildings. The intention is to protect the General Plan, as approved on December 13,2005, by requiring voter approval to increase allowable building heights above 84 feet in most areas of the city, and to set a building height limit of 45 feet on Third Avenue between E and G Streets. A statement of the reasons for the proposed action as contemplated in the petition is as follows: The people of Chula Vista should have a voice in protecting the General Plan against changes that will increase traffic congestion, overburden existing facilities including parking and cause visual impacts from high rise developments in the wrong locations. The people of Chula Vista are also concerned about the protection of the character of the Third Avenue Village area, where over-development would also have visual, traffic and parking impacts. The General Plan recognizes that high-rise buildings have a place in Chula Vista. They should be located where transportation systems have been built to serve them, and where existing neighborhoods will not be disrupted, displaced or overburdened. Under this initiative, the Bay Front Planning Area, property west of Interstate 5, and other areas the General Plan designates as suitable for high-rise development would not be affected. Under this initiative, the voters would have a voice in protecting the General Plan against changes that would adversely affect residents' quality of life. Section 2. Amendment of the Genera! Plan The Land Use Element of the General Plan is hereby amended to add the following: A. AOProval of Changes to Height Limits. No change to the General Plan that bas the purpose or effect of increasing the allowable building height within any area above 84 feet shall take effect unless and until it is approved by a simple majority vote of those voting in the City at an election, except as permitted under the Chula Vista General Plan Update as approved December 13, 2005 or this enactment. lbis limitation shall 7-8 apply to any change in the~Genetal ~!i'1j~~hetl:ier approved as a general plan change, specific plan, or by any similar action. "' j' ~ ,.J ", :';~', .' ~ !. . No voter approval shall be required'W(aD;y peiieral Plan change affecting the Bayfront Planning Area, as identified in the Land Use Element of the Chula Vista General Plan as amended and adopted in 1989, or any area west of Interstate 5. B. Protection of Third Avenue Village. No building that is part of any development in the Third Avenue Village, which fronts on Third Avenue between E Street and G Street, shall exceed 45 feet in height, notwithstanding any other provision of the Chula Vista General Plan. C. Building Height. For the purposes of paragraphs A and B, building height shall be calculated from the average contact ground level of the building to the highest point of the building, including any rooftop appurtenances. These provisions shall not apply to amendments which are necessary to comply with state or federal law. Section 3. Implementation A. Upon the effective date of this ordinance, all of the provisions of this initiative shall be inserted into the General Plan as an amendment thereto, except that if the four amendments permitted by State law for the calendar year in which it is approved have already been utilized for that year prior to the effective date of this initiative, this General Plan amendment shall be the first inserted into the General Plan on January 1 of the following year. B. Any provision of City law, including any zoning or other development regulation, inconsistent with the amendment inserted by this initiative shall be unenforceable to the extent of the inconsistency, in conformance with the laws of the State of California In addition, notwithstanding any contrary City ordinance, policy or regulation, the provisions of this initiative shall be applicable to every project which has not commenced substantial physical construction or constructed substantial improvements and incurred substantial liabilities in good faith reliance upon a permit validly issued by the City of Chula Vista to complete construction of a building in accordance with the terms of that permit at the time the Notice of Intent to Circulate this petition was published, or June 30, 2007, whichever is later. C. To ensure that the Chula Vista General Plan remains a meaningful and integrated planning document, the General Plan provisions adopted by the initiative shall prevail over any conflicting provisions of the General Plan, as approved on or after December 13, 2005. D. In the event that the City Council approves a change, amendment or other land use decision which must, by the terms of this initiative, be approved by the voters of the City of Chula Vista in order to become effective, the City Council shall set the matter for public vote. 7-9 E. The City Council shall...:alt any i;iB:di_iitn required by this initiative for the next available general municipal election or may, in its discretion, set a special election. . 1'. ,J;" , -Ii- Section 4. Construction ,. t~ j 1 Nothing in this initiative sh:ill be construed to make illegal any lawful use presently being made of any property. Nothing in this initiative shall be construed to require more than a simple majority vote for the adoption of this initiative or for the approval of any future measure required by this initiative. Nothing in this initiative shall be construed to interfere with rights to obtain density bonuses under affordable housing laws or limit rights or entitlements under affordable housing laws. Section 5. Severability The provisions of this initiative measure shall not apply to the extent they violate state or federal laws. If any word, sentence, paragraph, subparagraph, section or portion of this initiative is declared to be invalid by a court, the remaining words, sentences, paragraphs, subparagraphs, sections and portions are to remain valid and enforceable. Section 6. Amendment or ReDeal This initiative may be amended or repealed only by the voters at a City election. Section 7. Effective Date Pursuant to the State of California Municipal Elections Code section 9217, if a majority of the voters voting on a proposed ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the city. The ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body and shall go into effect 10 days after that date. Si2Jlature Printed Name Residence Date 7-10 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING NECESSARY FUNDS FOR THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES BY THE COUNTY REGISTRAR OF VOTERS REGARDING THE INITIATIVE PETITION REGARDING ALLOW ABLE BUILDING HEIGHTS WHEREAS, the City Council has adopted or is anticipated to adopt a separate resolution accepting certification of signatures certification for an initiative petition entitled, "An Initiative Petition to Amend, by Ordinance, the City ofChula Vista's General Plan to Require Voter Approval for Any General Plan Change That Would Increase Allowable Building Heights Above 84 Feet in Most Areas of the City, Except West of Interstate 5, and to Set a Building Height Limit of 45 Feet on Third Avenue Between E and G Streets;" and WHEREAS, the cost for the Registrar of Voters to verify the signatures for this initiative petition is estimated to be $12,000; and NOW, THEREFORE, BE IT RESOLVED THAT the amount of Twelve Thousand Dollars ($12,000.00) is hereby authorized to be appropriated to the City Clerk's Election Supplies and Services budget for payment to the Registrar of Voters for the costs to verify the signatures on the initiative petition, and the City Clerk is hereby authorized to disburse payment for such costs. Presented by: Approved as to form by: ~(f5- Donna R. Norris Interim City Clerk '1111 Ann Moore City Attorney 7-11 Attachment 3 ORDINANCE NO. 2008- ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE GENERAL PLAN TO REQUIRE VOTER APPROVAL FOR ANY GENERAL PLAN CHANGE THAT WOULD INCREASE ALLOWABLE BUILDING HEIGHTS ABOVE 84 FEET IN MOST AREAS OF THE CITY, EXCEPT WEST OF INTERSTATE 5, AND TO SET A BUILDING HEIGHT LIMIT OF 45 FEET ON THIRD AVENUE BETWEEN E AND G STREETS WHEREAS, pursuant to California Elections Code section 9200 et seq., residents of the City of Chula Vista submitted an initiative petition ("Initiative") entitled, "An Initiative Petition to Amend, by Ordinance, the City ofChula Vista's General Plan to Require Voter Approval for Any General Plan Change That Would Increase Allowable Building Heights Above 84 Feet in Most Areas of the City, Except West of Interstate 5, and to Set a Building Height Limit of 45 Feet on Third Avenue Between E and G Streets;" and WHEREAS, the County of San Diego Registrar of Voters examined the petition and certified that it contained a sufficient number of qualified signatures to cause the measure to be placed on the ballot of the June 3, 2008 general municipal election. The people of the City of Chula Vista do ordain as follows: SECTION I. Purpose and Findings - Protection of overly intensive development and taller buildings. This ordinance is intended to protect Chula Vista residents from the traffic, visual, community character and infrastructure impacts from overly intensive development and taller buildings. The intention is to protect the General Plan, as approved on December 13, 2005, by requiring voter approval to increase allowable building heights above 84 feet in most areas of the city, and to set a building height limit of 45 feet on Third Avenue between E and G Streets. A statement ofthe reasons for the proposed action as contemplated in the petition is as follows: The people of Chula Vista should have a voice in protecting the General Plan against changes that will increase traffic congestion, overburden existing facilities including parking and cause visual impacts from high rise developments in the wrong locations. The people of Chula Vista are also concerned about the protection of the character of the Third Avenue Village area, where over-development would also have visual, traffic and parking impacts. The General Plan recognizes that high-rise buildings have a place in Chula Vista. They should be located where transportation systems have been built to serve them, and where existing neighborhoods will not be disrupted, displaced or overburdened. Under this initiative, the Bay Front Planning Area, property west ofInterstate 5, and other areas the General Plan designates as suitable for high-rise development would not be affected. Under this initiative, the voters would have a voice in protecting the General Plan against changes that would adversely affect residents' quality oflife. 7-12 Attachment 3 SECTION 2. Amendment of the General Plan The Land Use Element of the General Plan is hereby amended to add the following: A. Approval of Changes to Height Limits. No change to the General Plan that has the purpose or effect of increasing the allowable building height within any area above 84 feet shall take effect unless and until it is approved by a simple majority vote of those voting in the City at an election, except as permitted under the Chula Vista General Plan Update as approved December 13, 2005 or this enactment. This limitation shall apply to any change in the General Plan, whether approved as a general plan change, specific plan, or by any similar action. No voter approval shall be required for any General Plan change affecting the Bayfront Planning Area, as identified in the Land Use Element of the Chula Vista General Plan as amended and adopted in 1989, or any area west ofInterstate 5. B. Protection of Third Avenue Village. No building that is part of any development in the Third A venue Village, which fronts on Third A venue between E Street and G Street, shall exceed 45 feet in height, notwithstanding any other provision of the Chula Vista General Plan. C. Building Height. For the purposes of paragraphs A and B, building height shall be calculated from the average contact ground level of the building to the highest point of the building, including any rooftop appurtenances. These provisions shall not apply to amendments which are necessary to comply with state or [ederallaw. SECTION 3. Implementation A. Upon the effective date of this ordinance, all of the provisions of this initiative shall be inserted into the General Plan as an amendment thereto, except that if the four amendments permitted by State law for the calendar year in which it is approved have already been utilized for that year prior to the effective date of this initiative, this General Plan amendment shall be the first inserted into the General Plan on January I of the following year. B. Any provisions of City law, including any zoning or other development regulation, inconsistent with the amendment inserted by this initiative shall be unenforceable to the extent of the inconsistency, in conformance with the laws of the State of California. In addition, notwithstanding any contrary City ordinance, policy or regulation, the provisions of this initiative shall be applicable to every project which has not commenced substantial physical construction or constructed substantial improvements and incurred substantial liabilities in good faith reliance upon a permit validly issued by the City of Chula Vista to complete construction of a building in accordance with the terms of that permit at the time the Notice of Intent to Circulate this petition was published, or June 30, 2007, whichever is later. 7-13 Attachment 3 C. To ensure that the Chula Vista General Plan remains a meaningful and integrated planning document, the General Plan provisions adopted by the initiative shall prevail over any conflicting provisions of the General Plan, as approved on or after December 13, 2005. D. In the event that the City Council approves a change, amendment or other land use decision which must, by the terms of this initiative, be approved by the voters of the City of Chula Vista in order to become effective, the City Council shall set the matter for public vote. E. The City Council shall call any election required by this initiative for the next available general municipal election or may, in its discretion, set a special election. SECTION 4. Construction Nothing in this initiative shall be construed to make illegal any lawful use presently being made of any property. Nothing in this initiative shall be construed to require more than a simple majority vote for the adoption of this initiative or for the approval of any future measure required by this initiative. Nothing in this initiative shall be construed to interfere with rights to obtain density bonuses under affordable housing laws or limit rights or entitlements under affordable housing laws. Section 5. Severability The provisions of this initiative measure shall not apply to the extent they violate state or federal laws. If any word, sentence, paragraph, subparagraph, section or portion of this initiative is declared to be invalid by a court, the remaining words, sentences, paragraphs, subparagraphs, sections and portions are to remain valid and enforceable. Section 6. Amendment or Repeal This initiative may be amended or repealed only by the voters at a City election. Section 7. Effective Date Pursuant to the State of California Municipal Elections Code Section 9217, if a majority of the voters voting on a proposed ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the City. The ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body and shall go into effect 10 days after that date. Presented by: Approved as to form by: \Mr -U Ann Moore ~I vbty Attorney Donna R. Norris Interim City Clerk 7-14 Attachment 4 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESOLUTION SUBMITTING THE INITIATIVE PETITION REGARDING AMENDMENT TO THE CITY'S GENERAL PLAN ON ALLOWABLE BUILDING HEIGHTS TO THE VOTERS BY PLACING THE INITIATIVE MEASURE ON THE BALLOT TO BE CONSIDERED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008 WHEREAS, the City Council of the City of Chula Vista has called an election to be held in this City on June 3, 2008; and WHEREAS, pursuant to California Elections Code section 9200 et seq., residents of the City ofChula Vista have submitted an initiative petition ("Initiative") entitled, "An Initiative Petition to Amend, by Ordinance, the City ofChula Vista's General Plan to Require Voter Approval for Any General Plan Change That Would Increase Allowable Building Heights Above 84 Feet in Most Areas of the City, Except West of Interstate 5, and to Set a Building Height Limit of 45 Feet on Third Avenue Between E and G Streets;" and WHEREAS, the County of San Diego Registrar of Voters has examined the petition and certified that it contains a sufficient number of qualified signatures to cause the measure to be placed on the ballot of the June 3, 2008 general municipal election; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity of placing an initiative on the ballot for consideration by the electorate, to amend by ordinance the City of Chula Vista's General Plan is not a "Project" as defined under Section l5378(b)(3) of the State CEQA Guidelines because it is the submittal of a proposal to a vote of the people that is not City sponsored; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows: SECTION 1. All of the foregoing recitals are true and correct. SECTION 2. The City Council ofthe City ofChula Vista, pursuant to its right and authority as established in California Elections Code sections 9215(b) and 1405(b) does hereby place the initiative measure entitled, "An Initiative Petition to Amend, by Ordinance, the City ofChula Vista's General Plan to Require Voter Approval for Any General Plan Change That Would Increase 7-15 Attachment 4 Allowable Building Heights Above 84 Feet in Most Areas of the City, Except West ofInterstate 5, and to Set aBuilding Height Limit of45 Feet on Third Avenue BetweenE and G Streets," a copy of which is attached hereto as Exhibit A and made a part hereof, on the ballot for the general municipal election to be held on June 3, 2008, and submit to the voters the following question: Measure YES Shall the ordinance amending Chula Vista's General Plan to require voter approval for General Plan changes increasing allowable building heights above 84 feet in most areas of the City, and setting a building height limit NO of 45 feet in a designated area on Third Avenue? SECTION 3. Should the question be approved by the requisite vote, the measure attached hereto as Exhibit "A" and incorporated by this reference shall be enacted. SECTION 5. The City Attorney is hereby directed to prepare an impartial analysis of the measure, which shall be filed by the date set by the City Clerk for the filing of arguments. SECTION 6. The City Clerk is hereby directed to deliver forthwith certified copies of this resolution to the Clerk of the Board of Supervisors of the County of San Diego and to the Registrar of V oters of the County of San Diego. SECTION 7. In all particulars not recited in this resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. Submitted by AP\~ to form 1611 Ann Moore City Attorney Donna Norris Interim City Clerk 7-16 EXHIBIT A ~:' ;..~ $' i,,~~, ";ft<' PETITION FOR ~iJBMISSION TO VOTERS -, ., :",-. ...,. ~~,- PROTECTION.OFGFrNERAL PLAN , .-"!.~,~ .;-) j 1:_; THROUGH VOTER APPROVAL OF CERTAIN CHANGES AND DESIGNATION OF HEIGHT LIMITS Section 1. Purpose and Findinl!S - Protection from overlv intensive development and taller buildinl!S This ordinance is intended to protect Chula Vista residents from the traffic, visual, community character and infrastructure impacts from overly intensive development and taller buildings. The intention is to protect the General Plan, as approved on December 13, 2005, by requiring voter approval to increase allowable building heights above 84 feet in most areas of the city, and to set a building height limit of 45 feet on Third Avenue between E and G Streets. A statement of the reasons for the proposed action as contemplated in the petition is as follows: The people of Chula Vista should have a voice in protecting the General Plan against changes that will increase traffic congestion, overburden existing facilities including parking and cause visual impacts from high rise developments in the wrong locations. The people of Chula Vista are also concerned about the protection of the character of the Third Avenue Village area, where over-development would also have visual, traffic and parking impacts. The General Plan recognizes that high-rise buildings have a place in Chula Vista. They should be located where transportation systems have been built to serve them, and where existing neighborhoods will not be disrupted, displaced or overburdened. Under this initiative, the Bay Front Planning Area, property west of Interstate 5, and other areas the General Plan designates as suitable for high-rise development would not be affected. Under this initiative, the voters would have a voice in protecting the General Plan against changes that would adversely affect residents' quality of life. Section 2. Amendment of the General Plan The Land Use Element of the General Plan is hereby amended to add the following: A. Approval of Changes to Height Limits. No change to the General Plan that has the purpose or effect of increasing the allowable building height within any area above 84 feet shall take effect unless and until it is approved by a simple majority vote of those voting in the City at an election, except as permitted under the Chula Vista General Plan Update as approved December 13, 2005 or this enactment. This limitation shall 7-17 apply to any change in thee.General ~~~rr;:~he@er approved as a general plan change, specific plan, or by any similar action. ,::.-1--" :;!"'. ,'-I No voter approval shall be required"wrJulY aen'eral Plan change affecting the Bayfront Planning Area, as ideliuf1eaill'theLand Use Element of the Chula Vista General Plan as amended and adopted in 1989, or any area west of Interstate 5. B. Protection of Third Avenue Village. No building that is part of any development in the Third Avenue Village, which fronts on Third Avenue between E Street and G Street, shall exceed 45 feet in height, notwithstanding any other provision of the Chula Vista General Plan. C. Building Height. For the purposes of paragraphs A and B, building height shall be calculated from the average contact ground level of the building to the highest point of the building, including any rooftop appurtenances. These provisions shall not apply to amendments which are necessary to comply with state or federal law. Section 3. Imolementation A. Upon the effective date of this ordinance, all of the provisions of this initiative shall be inserted into the General Plan as an amendment thereto, except that if the four amendments permitted by State law for the calendar year in which it is approved have already been utilized for that year prior to the effective date of this initiative, this General Plan amendment shall be the first inserted into the General Plan on January 1 of the following year. B. Any provision of City law, including any zoning or other development regulation, inconsistent with the amendment inserted by this initiative shall be unenforceable to the extent of the inconsistency, in conformance with the laws of the State of California. In addition, notwithstanding any contrary City ordinance, policy or regulation, the provisions of this initiative shall be applicable to every project which has not commenced substantial physical construction or constructed substantial improvements and incurred substantial liabilities in good faith reliance upon a permit validly issued by the City of Chula Vista to complete construction of a building in accordance with the terms of that permit at the time the Notice of Intent to Circulate this petition was published, or June 30, 2007, whichever is later. C. To ensure that the Chula Vista General Plan remains a meaningful and integrated planning document, the General Plan provisions adopted by the initiative shall prevail over any conflicting provisions of the General Plan, as approved on or after December 13, 2005. D. In the event that the City Council approves a change, amendment or other land use decision which must, by the terms of this initiative, be approved by the voters of the City of Chula Vista in order to become effective, the City Council shall set the matter for public vote. 7-18 E. The City Council sha11~altany ~ctijtn required by this initiative for the next available general municipal election or may, in its discretion, set a special election. . ,.. / ~'. " ;" Section 4. Construction Nothing in this initiative shall be construed to make illegal any lawful use presently being made of any property. Nothing in this initiative shall be construed to require more than a simple majority vote for the adoption of this initiative or for the approval of any future measure required by this initiative. Nothing in this initiative shall be construed to interfere with rights to obtain density bonuses under affordable housing laws or limit rights or entitlements under affordable housing laws. Section S. Severabilitv The provisions of this initiative measure shall not apply to the extent they violate state or federal laws. If any word, sentence, paragraph, subparagraph, section or portion of this initiative is declared to be invalid by a court, the remaining words, sentences, paragraphs, subparagraphs, sections and portions are to remain valid and enforceable. Section 6. Amendment or ReDeal This initiative may be amended or repealed only by the voters at a City election. Section 7. Effective Date Pursuant to the State of California Municipal Elections Code section 9217, if a majority of the voters voting on a proposed ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the city. The ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body and shall go into effect 10 days after that date. Sipature Printed Name Residence Date 7-19 Attachment 5 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING REQUIRED FUNDS TO PLACE THE INITIATIVE MEASURE REGARDING ALLOW ABLE BUILDING HEIGHTS ON THE BALLOT AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008 WHEREAS, the City Council has adopted or is anticipated to adopt a separate resolution submitting the initiative petition regarding amendment to the City's General Plan on allowable building heights to the voters by placing the initiative measure on the ballot to be considered at the general municipal election to be held on Tuesday, June 3, 2008; and WHEREAS, the Registrar of Voters has estimated the cost of placement of the initiative measure on the ballot for the consolidated general municipal election to be held on June 3, 2008 to be $54,000; and NOW, THEREFORE, BE IT RESOLVED THAT the amount of fifty-four thousand dollars ($54,000.00) is hereby authorized to be appropriated to the City Clerk's Election Supplies and Services budget for payment to the Registrar of Voters for the costs to place the initiative measure regarding allowable building heights on the ballot at the general municipal election to be held Tuesday, June 3, 2008, and the City Clerk is hereby authorized to disburse such amount for payment of such costs. Presented by: Approved as to form by: ~ ~(1. .Ann Moore . \' City Attorney Donna R. Norris Interim City Clerk 7-20