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HomeMy WebLinkAboutReso 2008-025 RESOLUTION NO. 2008-025 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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 ofChula 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 of Chula 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 I 5378(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 15060(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 I. All of the foregoing recitals are true and correct. SECTION 2. The City Council of the 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 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 A venue Between E 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: Resolution No. 2008-025 Page 2 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 desi=ated area on Third A venue be adonted? 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 oftbis resolution to the Clerk of the Board of Supervisors of the County of San Diego and to the Registrar of Voters 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. Presented by Approved as to form d~ f~;(4~ J ~ Donna Norris Interim City Clerk ~YCY\\\ \00.~}~. Ann Moore City Attorney Resolution No. 2008-025 Page 3 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 ChOY~ ATTEST: L~ ~. If . ck~ hA.txJ Donna R. Norris, MC, Intenm City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk ofChula Vista, California, do hereby certifY that the foregoing Resolution No. 2008-025 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. lmthiC<- (( (;{~ , - Donna R. Norris, CMC, Interim City Clerk Resolution No. 2008-025 Page 4 ;~ :~: t, ,- ,.:<: j1 ~ -' 'ifT PETITION FOR SUBMISSION TO VOTERS PROTECTION-OF GENERAL PLAN . i'!n; J-.I r !;.) THROUGH VOTER APPROVAL OF CERTAIN CHANGES AND DESIGNATION OF HEIGHT LIMITS Section 1. PUll1lose and Findinl!s - Protection from overly intensive develooment 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 A venue 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 Plu following: The Land Use Element of the General Plan is hereby amended to add the A. AlJoroval 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 Resolution No. 2008-025 Page 5 apply to any change in the:.()er),eml ~~~he~~r approved as a general plan change, specific plan, or by any similar action. '. li':~-l ,~, 1~" .' -: t", No voter approval shall be req]lirefW(llnJ" ~neral Plan change affecting the Bayfront Planning Area, as identified ill 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. Buildinll 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. Imulementation 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. L Resolution No. 2008-025 Page 6 E. The City Council shall:cal.hny ~cti~n required by this initiative for the next available general municipal election or may, in its discretion, set a special election. Section 4. Construction . },~ .l',J}.(": ~n 'i r;: '1~~ j 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 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 remRining 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. Shmatun Printed Name Residence Date