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Home My WebLink AboutReso 2008-023 RESOLUTION NO. 2008-023 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 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" 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 of Voters, 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. NOW, THEREFORE, BE IT RESOLVED 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: L kJV~ Donna R. NorrIs Interim City Clerk ~y-('~~~~\\ Ami oore City Attorney Resolution No. 2008-023 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 22nd day of January 2008 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Chory~#&~ ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2008-023 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of January 2008. Executed this 22nd day of January 2008. Resolution No. 2008-023 Page 3 DEBORAH SEILER Registrar of Voters . <Unuutl! of ~au ;!El i~BO REGISTRAR OF VOTERS 5201 Ruffin Road. Suite I. San Diego. Califomia 92123-1693 EXHIBIT A MICHAEL VU Assistant Registrar Office: (858) 565-5800 Fax: (858) 694-2955 TOO: (656) 694-3441 Toll Free: (BOO) 696-0136 January 15, 2008 Susan Bigelow, City Clerk City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910-2631 Re: "AD 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." 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 subrnitted............................................................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. ~ DEBb SEILER Registrar of Voters Resolution No. 2008-023 Page 4 .~~::.""~ ~t, 'i(,:" PETITION FOR -SUBM1S~ION TO VOTERS PROTEcTION.OF G~ PLAN . ~. ."'!:~:: .i.} r ! 1..; THROUGH VOTER APPROVAL OF CERTAIN CHANGES AND DESIGNATION OF HEIGHT LIMITS Section 1. Puroose and Findin.... - Protection from overlv intensive develooment and taIler bnildine This ordinance is intended to protect Chula Vista residents from the traffic, visual, commUDity 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 clwacter 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 oftife. Section 2. Amendment of the General Plan The Land Use Element of the General Plan is hereby amended to add the following: A. AOtlI'Oval of ChanP:es to HeiP:ht 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 UIItil 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 --l Resolution No. 2008-023 Page 5 apply to any change in thco.GeI!Ctal J::'~t'hei'ijer approved as a general plan change, specific plan, or by any similar action. ~ j: :~.l-. :;~', (~!' No voter approval shall be requ'!r~wi~ ~eral Plan change affecting the Bayfront Planning Area, as Identified m 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 VillalZe. No building that is part of any development in the Third Avenue Village, which fronts on Third Avenue between E Street and G Street, shalI exceed 45 feet in height, notwithstanding any other provision of the Chula Vista General Plan. C. Buildinll Height. For the purposes of paragraphs A and B, building height shalI 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 COlDlcil shall set the matter for public vote. Resolution No. 2008-023 Page 6 E. The City Council shall...tiilhny ~n required by this initiative for the next available general municipal election or may, in its discretion, set a special election. Section 4. Coo.rtrnction . ;.. .1',iH.": ~;)i r;; :';(~ tjJ 1''': 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 futUIe 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. SeverabiJitv The provisions of this initiative measure shall not apply to the extent they violate state or federa1laws. If any word, sentence, paragraph, subparagraph, section or portion of this initiative is declared to be invalid by a court, the rem"ining words, sentences, paragraphs, subparagraphs, sections and portions are to remain valid and enforceable. Section 6. Amendment or Reoeal 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. Si2nature Printed Name Residence Date ~. -------------;-------------------.-