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HomeMy WebLinkAbout2008/02/25 Item 5 CITY COUNCIL AGENDA STATEMENT Item No.: 5 Meeting Date: 2/26/08 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORATE OF THE CITY, PURSUANT TO ELECTIONS CODE SECTION 9222, A CITY MEASURE RELATING TO GENERAL PLAN HEIGHT PROTECTION FOR SPECIFIED COMMUNITY-BENEFITING USES, AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008, AS CALLED BY RESOLUTION NO. 2008-016 SUBMITTED BY: CITY COUNCIL LEGISLATIVE SUBCOMMITTE~' , CITY MANAGER "7 T -Fs r D~~ ASSIST ANT CITY MANAGER ";> 'J. REVIEWED BY: 4/5THS VOTE: YES NO X SUMMARY This item is a resolution to place a measure on the June 3, 2008 ballot. On February 5, 2008 the Legislative Subcommittee of the Chula Vista City Council, consisting of Mayor Cox and Deputy Mayor Rindone, directed staff to prepare a ballot measure for Council consideration. The measure will amend the City's General Plan regarding the ability to use the established General Plan Amendment process to consider certain community benefiting projects that may propose buildings taller than 84 feet. 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, placement of a measure on the ballot, is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a direct physical change to the environment; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, when future projects that may be subject to the provisions of the ballot measure are defined, environmental review will be required and a CEQA determination completed. 5-1 Item No.: 5 Meeting Date: 2/26/08 Page 2 of3 RECOMMENDATION The Legislative Subcommittee of the City Council recommends that the City Council adopt the resolution and direct the City Clerk to submit the measure to the County Registrar of Voters with the required fees to place the item on the June 3, 2008 ballot. BOARDS/COMMISSION RECOMMENDATION N/A DISCUSSION The proposed ballot measure is a companion ordinance to a citizen-initiated initiative entitled "Protection of General Plan Through Voter Approval of Certain Changes and Designation of Height Limits." That measure seeks to amend the General Plan to add provisions that would require voter approval for any future buildings in excess of 84 feet in most areas of the City; rather than to use the established General Plan Amendment public review process. This measure serves as a companion ordinance to protect against the possible unintended consequences of discouraging certain important community-benefiting uses. It allows for future consideration of buildings for such uses, in excess of 84 feet, through the established General Plan Amendment process, rather than by a vote of the people. The community-benefiting uses are as follows: I) Hospitals or medical care-related facilities; 2) Universities, colleges, or higher education associated facilities; 3) Places of worship and related facilities; 4) Courthouses, justice, or public safety-related facilities; 5) Senior care, long term care, or assisted living facilities. Mandating voter approval for any future changes to the General Plan regarding allowable heights of buildings for these important community-benefiting uses could deter these uses in the future, by placing additional costs and burdens on such projects. The requirement to obtain voter approval could add an additional degree of uncertainty to the process beyond obtaining a General Plan amendment that could result in these uses locating elsewhere. The proposed ballot measure ensures that the public retains a voice in the General Plan process while also protecting the opportunity for proponents of specified community-benefiting projects to use existing processes to bring those uses to the City. The General Plan vision includes all of these types of uses in order to provide a balanced spectrum of uses in the City. These uses provide a benefit that is critical to the community and of high value to Chula Vista residents and to residents of the South Bay of the County of San Diego. The General Plan Update was adopted on December 13, 2005, as a comprehensive, long-range vision for the physical development of the community. The General Plan is a fluid document 5-2 Item No.: 5 Meeting Date: 2/26/08 Page 3 of3 that is intended to be reviewed and updated on a regular basis in response to the changing community needs. The General Plan envisions other planning programs such as the "H" Street Corridor Study and the on-going University planning efforts. It is possible that through these other planning programs, additional areas where high-rise buildings would be appropriate will be identified. At the time the General Plan was adopted, it was envisioned that, over time, the General Plan amendment process would be the proper vehicle to examine potential changes in circumstances that would warrant additional areas being considered for high-rise development. The intent of the General Plan is that consideration of high rise construction will be judiciously reviewed. To this end, Section 7.2 of the Land Use and Transportation Element of the General Plan contains policies and performance measures for the review of proposed high-rise development, including the four areas already identified in the General Plan for high-rise development. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(l) is not applicable to this decision. FISCAL IMPACT Adoption of the ballot measure will cost an estimated $54,000. The amount is available within the General Fund Operating Budget. Prepared by: Ed Batchelder, Advanced Planning Manager& Marilyn Ponseggi. Principal Planner, Department of Planning & Building J:',Planning\MARlLYN\Ballot Measures\Height Initiative Agenda Statement. doc 5-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORATE OF THE CITY, PURSUANT TO ELECTIONS CODE SECTION 9222, A CITY MEASURE RELATING TO GENERAL PLAN HEIGHT PROTECTION FOR SPECIFIED COMMUNITY-BENEFITING USES, AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008, AS CALLED BY RESOLUTION NO. 2008-016 WHEREAS, a General Municipal Election on Tuesday, June 3, 2008, has been called by Resolution No. 2008-016, adopted on January 15,2008; and WHEREAS, by adoption of Resolution No. 2008-016, the City requested that the County of San Diego Board of Supervisors permit the Registrar of Voters to perform and render all services and proceedings related to the conduct of the June 3, 2008, election; and WHEREAS, pursuant to the authority of Elections Code section 9222, the City Council of the City ofChula Vista intends to place a measure, relating to General Plan height protection for specific community-benefiting uses on the June 3, 2008, ballot; and WHEREAS, at the February 5, 2008, City Council meeting, the Legislative Subcommittee, consisting of Mayor Cox and Deputy Mayor Rindone, directed preparation of this measure for consideration by the full City Council; and WHEREAS, the City Council intends this measure to be a companion measure to the citizen-initiated measure, entitled "Protection of General Plan Through Voter Approval of Certain Changes and Designation of Height Limits," that was placed on the June 2008 ballot by the City Council by Resolution No. 2008-025, on January 22, 2008; and WHEREAS, the citizen-initiated measure, if approved by voters, would require future voter approval for any building in excess of 84 feet in most areas of the City; and WHEREAS, the City Council has expressed concern that the requirement to conduct an election for approval of individual projects will impact future projects by increasing costs, time, and uncertainty; and WHEREAS, the City Council desires to ensure that proponents of future community- benefiting projects are not deterred from locating their projects in the City; and WHEREAS, the City Council has identified these community-benefiting projects as hospitals or medical care-related facilities; universities, colleges, or higher education associated facilities; places of worship and related facilities; courthouses, justice, or public-safety related facilities; and senior care, long term care, or assisted living facilities; and J:\Allomey\RESO\BALLOT\Placemenl of Building his initiative on ballot (redlineL02-26-08.doc Resolution No. 2008- Page 2 WHEREAS, this measure, if approved in June 2008, would allow proponents of these future community-benefiting projects, in excess of 84 feet, to obtain approval through the established General Plan Amendment process that involves rigorous and public review, rather than voter approval; 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, placement of a measure on the ballot, is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a direct physical change to the environment; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, when future projects that may be subject to the provisions of the ballot initiative are defined, environmental review will be required and a CEQA determination completed. 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. That the City Council, pursuant to its right and authority, does hereby place a measure entitled "General Plan Height Protections for Community Benefit," a copy of which is attached hereto as Exhibit A, on the ballot for the General Municipal Election, to be held on June 3, 2008, and orders submitted to the voters the following question: Shall Chula Vista's General Plan be amended to YES allow the construction of hospitals or medical care- NO related facilities; universities, colleges, or higher education associated facilities; places of worship and related facilities; courthouses, justice, or public safety-related facilities; and senior care, long-term care, or assisted care facilities, above 84 feet, without prior voter approval, provided the projects adhere to a public review process? 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 4. The City Attorney is hereby directed to prepare an impartial analysis ofthe measure, which shall be filed by the date set by the City Clerk for the filing of arguments. SECTION 5. The City Clerk is directed to prepare and publish a notice of the measures to be voted on. Arguments shall be due by March 19, 2008, and the 1 O-day public review period for the arguments shall be from March 20 to March 31, 2008. J:\Attorney\RESO\BALLOT\Placement ofBuildiog hts initiative on ballot (redlineL 02-26-08.doc Resolution No. 2008- Page 3 SECTION 6. The City Council hereby acknowledges its authority, pursuant to California Elections Code section 9282, to submit a written argument not to exceed 300 words in length. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego. Presented by Approved as to form by Cheryl Cox, Mayor City Council Legislative Subcommittee ~.M~ nn Moore - City Attorney Presented by Jerry R. Rindone, Deputy Mayor City Council Legislative Subcommittee J:lAlIomeylRESOIBALLOT\Placemenl of Building hIs initiative on ballot_02-26.{)g.doc EXHIBIT A The People of the City of Chula Vista do hereby enact and ordain: Section I. TITLE This measure shall be known and may be cited as "General Plan Height Protections for Community Benefit." Section 2. PURPOSE AND FINDINGS 2.1 Purpose. The purpose of this ordinance, submitted by the City Council of the City of Chula Vista to the voters for approval, is to amend the General Plan to protect the ability of the City to use the established General Plan Amendment process to consider certain community benefiting projects that may propose buildings taller than 84 feet. This ordinance serves as a companion ordinance to a citizen-initiated measure entitled "Protection of General Plan Through Voter Approval of Certain Changes and Designation of Height Limits." The citizen-initiated measure seeks to amend the General Plan to add provisions that would require voter approval for any future building in excess of 84 feet in most areas of the City, rather than use the established General Plan Amendment public review process. Requiring voter approval for individual projects would be costly and could discourage certain future projects that would benefit the community and are of high value to Chula Vista residents. This measure serves as a companion ordinance to protect against possible unintended consequences of discouraging certain important community-benefiting uses. It allows for future consideration of buildings, in excess of 84 feet, through the established General Plan Amendment process, rather than by a vote of the people, for community-benefiting uses that are of high value to Chula Vista residents and to residents of the South Bay of the County of San Diego. The uses are as follows: 1) Hospitals or medical care-related facilities; 2) Universities, colleges, or higher education associated facilities; 3) Places of worship and related facilities; 4) Courthouses, justice, or public safety-related facilities; 5) Senior care, long term care, or assisted living facilities. Under the authority of California Government Code sections 65300 through 65361 and Chula Vista Municipal Code Chapter 19.06, the Chula Vista City Council adopted the General Plan, on December 13,2005, as a comprehensive, long-range vision for the physical development of the community. By state law, the General Plan is a fluid document to be reviewed and updated on a regular basis in response to changing community needs. 5-7 EXHIBIT A Page 2 The current General Plan Amendment process requires proposals to follow strict established procedures and criteria, and provides an opportunity for the people of Chula Vista to be heard through public hearings by the Planning Commission and City Council. This measure ensures that the people retain their voice to protect against the adverse effects of projects that could result in diminishing the quality of life, and also protects the opportunity for proponents of specified community-benefiting projects to use existing processes to bring those uses to the City. 2.2 Findings The People of the City of Chula Vista find and declare as follows: 1) The General Plan provides a comprehensive, long-term plan for the physical development of the City. 2) State and local laws provide for an open, public decision-making process with specific procedures and criteria for amending the General Plan if needed for the benefit of the community. 3) Mandating voter approval for any future changes to the General Plan regarding allowable heights of buildings for certain designated uses might deter these community-benefiting uses in the future, by placing additional burdens and increased costs, time, and uncertainty on project proponents and the City. The City, a project proponent, and ultimately taxpayers might bear the cost ofthese elections. 4) This initiative allows for these community-benefiting projects to move forward without the need for a vote by the electorate, while still adhering to established procedural and substantive requirements for public review and decision-making, as mandated by local and state law. 5) The uses protected by this ordinance, specifically hospitals or medical care-related facilities; universities, colleges, or higher education associated facilities; places of worship and related facilities; courthouses, justice, or public safety-related facilities; and senior care, long term care, or assisted living facilities, are all integral parts of the City and must be retained in order to provide a healthy and sustainable quality of life. 6) This ordinance is intended to be a companion ordinance, consistent with, and in harmony with the ordinance, entitled "Protection of General Plan Through Voter Approval of Certain Changes and Designation of Height Limits," which is placed on the same ballot. By approving this ordinance, the People find and declare that these two ordinances on the same ballot are not in conflict with each other. The People recognize and acknowledge that, as provided by California Elections Code section 9217, each ordinance must be approved separately and independently by a majority of the voters voting on the ordinance in its favor for each to become a valid and binding ordinance of the city. The People of the City of Chula Vista desire the General Plan to be amended to add the measure, entitled "General Plan Height Protections for Community Benefit," to the Land Use and Transportation Element of the General Plan. 5-8 EXHIBIT A Page 3 Section 3. GENERAL PLAN AMENDMENT The Chula Vista General Plan is hereby amended, by adding the following additional policy, at Chapter 5, Land Use and Transportation Element, section 7.2 under Objective LUT 2, as an additional policy as set forth in this Section: No voter approval shall be required for any amendment to the General Plan requesting a change to allow high-rise building form or buildings in excess of 84 feet for the following types of land uses intended to benefit the community: I) Hospitals or medical care-related facilities; 2) Universities, colleges, or higher education associated facilities; 3) Places of worship and related facilities; 4) Courthouses, justice, or public safety-related facilities; 5) Senior care, long term care, or assisted living facilities. These uses may be authorized by the City Council pursuant to established procedures and criteria for amending the General Plan. In authorizing such use, the City Council shall adhere to all applicable standards and regulations for public safety, community use, environmental review, and public review, including but not limited to compliance with standards set forth at Land Use and Transportation Element section 7.2 (LUT 2.4). Section 4. IMPLEMENTATION 4.1 Effective Date. This measure shall become effective upon passage by the voters in accordance with Elections Code section 92 I 7. With respect to the General Plan Amendments contained in Section 3 of this measure, if the number of General Plan Amendments in the calendar year as permitted by California Government Code section 65358 have already been utilized, the Amendments to the General Plan enacted by this measure shall be the first amendments processed after January I of the next year following passage. 4.2 Interpretation and Authority to Amend Other City Ordinances, Codes and Policies. This measure shall be interpreted so as to be consistent with all federal and state laws. It shall be broadly interpreted and construed in order to achieve the purpose and findings stated in the measure. The City is hereby authorized to make any other amendments to the General Plan, the Zoning Ordinance, or any other plans, policies, or ordinances necessary to fully implement the provisions of this measure and to ensure consistency between the provisions of this measure and all other elements of the General Plan, the Zoning Ordinance, and any other plans, policies, or ordinances. 5-9 EXHIBIT A Page 4 4.3 Severability. If any section, sub-section, sentence, clause, phrase, part, or other portion of this measure, or application thereof, is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the remaining portions or provisions of this measure. It is hereby declared by the people voting for this measure that this measure, and each section, sub-section, sentence, clause, phrase, or portion thereof would have been adopted or passed even if one or more sections, sub-sections, sentences, clauses, phrases, parts, or portions, or the application thereof, are declared invalid or unconstitutional. 5-10