CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: July 10, 2013

CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: July 10, 2013 TO: VIA: FROM: City Council Members Gus Vina, City Manager Glenn Sabine, City Attorney Kathy Hollywood, City Clerk Jeff Murphy, Director of Planning and Building SUBJECT: Adoption of Resolution 2013-34 Reciting the Facts of the Special Municipal Election held on June 18, 2013, and Declaring the Results as Provided by Law BACKGROUND: State law mandates that following an election, the results must be certified by the Registrar of Voters ( ROV ) and a Resolution adopted by the City Council stating the results. The June 18, 2013, ballot included one item Proposition A, known as the Encinitas Right to Vote Amendment. The results of the June 18, 2013, Special Municipal Election were certified by the San Diego County ROV on Monday, June 24, 2013. The total number of ballots cast in the City, and the total number of ballots cast in each precinct for Proposition A are shown on Attachment A to proposed Resolution 2013-34. The certified results show that Proposition A passed with a majority of yes votes. At the time of this election there were 39,858 registered voters. In this election, 12,888 total ballots were cast 3,330 at the polls and 9,558 mail ballots. California Elections Code 9217 states: 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. No ordinance that is either proposed by initiative petition and adopted 07/10/2013 Item #03 Page 1

by the vote of the legislative body of the city without submission to the voters, or adopted by the voters, shall be repealed or amended except by a vote of the people, unless provision is otherwise made in the original ordinance. Upon the Council s certification of the election results, the Encinitas Right to Vote Amendment will be codified as Ordinance 2013-04 entitled An Ordinance of the People of the City of Encinitas, California, approving the Encinitas Right to Vote Amendment and will add chapter 30.00 to the Encinitas Municipal Code. The initiative requires that the entire text of the measure be printed within all copies of the General Plan Land Use Element and the Zoning Code immediately following the table of contents. For the Zoning Code the first Chapter available is Chapter 30.00 of Title 30 Zoning Code. The second chapter of the Zoning Code would then become 30.01. ANALYSIS: The recommended action, if adopted by the Council, would certify the provisions of the ballot measure, Proposition A the Encinitas Right to Vote Amendment. For properties located outside of the Coastal Zone, the regulations established under the initiative go into effect immediately on July 21, 2013 (ten days after the results are declared by City Council) in accordance with Election Code, Section 9217. Please refer to Attachment 3 for the geographic boundaries of the Coastal Zone. On Monday, July 1 st, City staff received correspondence from the California Coastal Commission (CCC) responding to questions posed by staff pertaining to Proposition A and the City s Local Coastal Program. The letter can be found in Attachment 4 for your review. Staff is currently reviewing the 5-page letter and will work with the CCC and legal counsel to confirm the applicability and role of Coastal Commission on Proposition A, as well as their statutory authority and responsibility of Local Coastal Program implementation. Of particular note, the CCC determined in their letter the following: An ordinance that would affect the use of land in the coastal zone in a manner that is not permitted in a certified LCP or one that would potentially prohibit a use that is otherwise allowed in a certified LCP or Land Use Plan must be submitted to the Coastal Commission regardless of whether it was adopted by the legislative body or by the electorate. Such local actions that affect the regulation of land use in the coastal zone must be submitted to the Coastal Commission as LCP amendments; and, unless and until the Commission certifies the initiative as an LCP amendment, the initiative measure has no legal force or effect in the coastal zone for purposes of the Coastal Act. 07/10/2013 Item #03 Page 2

Staff will be working with the CCC staff, as expeditiously as possible, to facilitate the Coastal Commission s review and potential approval of the initiative s amendments under its jurisdiction. Planning and Building Department staff anticipates developing handouts summarizing the new requirements of the Proposition, the ongoing legal processing questions, and other issues. FISCAL IMPACT: A pre-election invoice in the amount of $301,138 was received from the ROV and a full accounting and final invoice should be received from the ROV in late July or early August 2013. As part of the FY 12-13 3rd Quarter Budget Review, the City Council approved a budget adjustment request of up to $500,000 to cover the costs of the election. RECOMMENDATION: Adopt Resolution 2013-34 reciting facts and declaring results of the Special Municipal Election held on June 18, 2013. ATTACHMENTS: 1. Resolution 2013-34 2. Ordinance 2013-04 3. Coastal Zone Map 4. Letter from Coastal Commission 07/10/2013 Item #03 Page 3

RESOLUTION NO. 2013-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 18, 2013, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of Encinitas, California on Tuesday, June 18, 2013, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and WHEREAS, pursuant to Resolution No. 2013-10 adopted March 12, 2013, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Attachment A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City except vote by mail voter ballots was 3,330, that the whole number of vote by mail voter ballots cast in the City was 9,558 making a total of 12,888 ballots cast in the City. SECTION 2. That the following ballot proposition (known as Proposition A The Encinitas Right to Vote Amendment) placed on the ballot at the June 18, 2013, Special Muncipal Election, the number of votes received, and the percentage of overall votes are as follows: 07/10/2013 Item #03 Page 4

Shall the people of Encinitas adopt an initiative measure, known as The Encinitas Right to Vote Amendment to require voter approval, by a majority vote of the electorate, for a major amendment to a planning policy document (defined to mean the Land Use Element of the General Plan, Land Use Policy Maps of the General Plan, Zoning Code, Zoning Map, any specific plan, and development agreements)? Votes % of Vote YES 6675 51.85% NO 6198 48.15% SECTION 3. The City Council does declare and determine that as a result of the election, a majority of the voters voting on the measure voted in favor thereof and the measure shall be deemed adopted and ratified by the City Council as Ordinance No. 2013-04. SECTION 4. The City Clerk shall enter into the records of the City Council of the City a statement of the result of the election showing: (1) The whole number of ballots cast in the City; (2) The name of the proposition voted for; (3) The number of votes given at each precinct for the proposition. AYES: NAYS: ABSTAIN: ABSENT: PASSED, APPROVED AND ADOPTED this 10 th day of July 2013. ATTEST: Teresa Arballo Barth, Mayor City of Encinitas Kathy Hollywood, City Clerk 07/10/2013 Item #03 Page 5

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CITY OF ENCINITAS SPECIAL MUNICIPAL ELECTION Tuesday, June 18, 2013 Official Canvass Results - City of Encinitas TURN OUT Date:06/24/13 Time:14:28:42 Page:1 of 6 Reg. Voters Cards Cast % Turnout Jurisdiction Wide 412000-ENCINITAS 412070-ENCINITAS 412130-ENCINITAS 412140-ENCINITAS 412280-ENCINITAS 412380-ENCINITAS 412400-ENCINITAS 412440-ENCINITAS 412490-ENCINITAS 412710-ENCINITAS 412750-ENCINITAS 412770-ENCINITAS 412780-ENCINITAS 412810-ENCINITAS 412890-ENCINITAS 1598 82 5.13% 1598 372 23.28% 1598 454 28.41% 1210 120 9.92% 1210 301 24.88% 1210 421 34.79% 1040 100 9.62% 1040 266 25.58% 1040 366 35.19% 1475 118 8.00% 1475 302 20.47% 1475 420 28.47% 1800 115 6.39% 1800 474 26.33% 1800 589 32.72% 1448 137 9.46% 1448 384 26.52% 1448 521 35.98% 1196 75 6.27% 1196 261 21.82% 1196 336 28.09% 1615 63 3.90% 1615 367 22.72% 1615 430 26.63% 1662 186 11.19% 1662 418 25.15% 1662 604 36.34% 1630 191 11.72% 1630 411 25.21% 1630 602 36.93% 1254 165 13.16% 1254 300 23.92% 1254 465 37.08% 999 113 11.31% 999 228 22.82% 999 341 34.13% 1510 138 9.14% 1510 459 30.40% 1510 597 39.54% 1688 179 10.60% 1688 465 27.55% 1688 644 38.15% 1733 139 8.02% 1733 466 26.89% 1733 605 34.91% 07/10/2013 Item #03 Page 9

CITY OF ENCINITAS SPECIAL MUNICIPAL ELECTION Tuesday, June 18, 2013 Official Canvass Results - City of Encinitas TURN OUT Date:06/24/13 Time:14:28:42 Page:2 of 6 Reg. Voters Cards Cast % Turnout 413470-ENCINITAS 413480-ENCINITAS 413490-ENCINITAS 413500-ENCINITAS 413600-ENCINITAS 413670-ENCINITAS 413780-ENCINITAS 413810-ENCINITAS 413900-ENCINITAS 413910-ENCINITAS 414000-ENCINITAS 414030-ENCINITAS 414050-ENCINITAS 414080-ENCINITAS 999001-ENCINITAS-VBM 1290 110 8.53% 1290 349 27.05% 1290 459 35.58% 1658 128 7.72% 1658 355 21.41% 1658 483 29.13% 893 61 6.83% 893 201 22.51% 893 262 29.34% 985 101 10.25% 985 174 17.66% 985 275 27.92% 1055 91 8.63% 1055 193 18.29% 1055 284 26.92% 1674 102 6.09% 1674 416 24.85% 1674 518 30.94% 1292 109 8.44% 1292 367 28.41% 1292 476 36.84% 1354 159 11.74% 1354 388 28.66% 1354 547 40.40% 1331 71 5.33% 1331 215 16.15% 1331 286 21.49% 1306 80 6.13% 1306 227 17.38% 1306 307 23.51% 1085 108 9.95% 1085 268 24.70% 1085 376 34.65% 1083 121 11.17% 1083 290 26.78% 1083 411 37.95% 1698 88 5.18% 1698 353 20.79% 1698 441 25.97% 1144 80 6.99% 1144 230 20.10% 1144 310 27.10% 152 0 0.00% 152 58 38.16% 152 58 38.16% 07/10/2013 Item #03 Page 10

CITY OF ENCINITAS SPECIAL MUNICIPAL ELECTION Tuesday, June 18, 2013 Official Canvass Results - City of Encinitas TURN OUT Date:06/24/13 Time:14:28:42 Page:3 of 6 Reg. Voters Cards Cast % Turnout CONGRESSIONAL DIST'S 2011 2011 49TH CONGRESSIONAL DIST STATE BOARD OF EQUALIZATION 4TH BD OF EQUAL DIST STATE SENATORIAL DIST'S 2011 2011 36TH SENATORIAL DIST Multiple Districts STATE ASSEMBLY DIST'S 2011 2011 76TH ASSEMBLY DIST Multiple Districts SUPERVISORIAL DISTRICTS 2011 2011 3RD SUPERVISORIAL DIST 39858 3330 8.35% 39858 9558 23.98% 39858 12888 32.33% 39858 3330 8.35% 39858 9558 23.98% 39858 12888 32.33% 39858 3330 8.35% 39858 9558 23.98% 39858 12888 32.33% 39858 3330 8.35% 39858 9558 23.98% 39858 12888 32.33% 39858 3330 8.35% 39858 9558 23.98% 39858 12888 32.33% 39706 3330 8.39% 39706 9500 23.93% 39706 12830 32.31% 152 0 0.00% 152 58 38.16% 152 58 38.16% 39858 3330 8.35% 39858 9558 23.98% 39858 12888 32.33% 39706 3330 8.39% 39706 9500 23.93% 39706 12830 32.31% 152 0 0.00% 152 58 38.16% 152 58 38.16% 39858 3330 8.35% 39858 9558 23.98% 39858 12888 32.33% 39858 3330 8.35% 39858 9558 23.98% 39858 12888 32.33% 39858 3330 8.35% 39858 9558 23.98% 39858 12888 32.33% 07/10/2013 Item #03 Page 11

CITY OF ENCINITAS SPECIAL MUNICIPAL ELECTION Tuesday, June 18, 2013 Official Canvass Results - City of Encinitas PROP A CITY OF ENCINITAS Right to Vote Amendment Date:06/24/13 Time:14:28:42 Page:4 of 6 Reg. Voters Votes YES NO Jurisdiction Wide 412000-ENCINITAS 412070-ENCINITAS 412130-ENCINITAS 412140-ENCINITAS 412280-ENCINITAS 412380-ENCINITAS 412400-ENCINITAS 412440-ENCINITAS 412490-ENCINITAS 412710-ENCINITAS 412750-ENCINITAS 412770-ENCINITAS 412780-ENCINITAS 412810-ENCINITAS 412890-ENCINITAS 1598 82 52 63.41% 30 36.59% 1598 372 194 52.15% 178 47.85% 1598 454 246 54.19% 208 45.81% 1210 120 63 52.50% 57 47.50% 1210 300 170 56.67% 130 43.33% 1210 420 233 55.48% 187 44.52% 1040 100 50 50.00% 50 50.00% 1040 266 139 52.26% 127 47.74% 1040 366 189 51.64% 177 48.36% 1475 118 66 55.93% 52 44.07% 1475 302 176 58.28% 126 41.72% 1475 420 242 57.62% 178 42.38% 1800 115 58 50.43% 57 49.57% 1800 474 230 48.52% 244 51.48% 1800 589 288 48.90% 301 51.10% 1448 137 77 56.20% 60 43.80% 1448 382 218 57.07% 164 42.93% 1448 519 295 56.84% 224 43.16% 1196 75 46 61.33% 29 38.67% 1196 261 145 55.56% 116 44.44% 1196 336 191 56.85% 145 43.15% 1615 63 28 44.44% 35 55.56% 1615 367 119 32.43% 248 67.57% 1615 430 147 34.19% 283 65.81% 1662 186 123 66.13% 63 33.87% 1662 416 259 62.26% 157 37.74% 1662 602 382 63.46% 220 36.54% 1630 191 119 62.30% 72 37.70% 1630 410 216 52.68% 194 47.32% 1630 601 335 55.74% 266 44.26% 1254 165 84 50.91% 81 49.09% 1254 300 155 51.67% 145 48.33% 1254 465 239 51.40% 226 48.60% 999 113 61 53.98% 52 46.02% 999 228 104 45.61% 124 54.39% 999 341 165 48.39% 176 51.61% 1510 138 66 47.83% 72 52.17% 1510 459 227 49.46% 232 50.54% 1510 597 293 49.08% 304 50.92% 1688 179 90 50.28% 89 49.72% 1688 464 268 57.76% 196 42.24% 1688 643 358 55.68% 285 44.32% 1733 136 90 66.18% 46 33.82% 1733 466 270 57.94% 196 42.06% 1733 602 360 59.80% 242 40.20% 07/10/2013 Item #03 Page 12

CITY OF ENCINITAS SPECIAL MUNICIPAL ELECTION Tuesday, June 18, 2013 Official Canvass Results - City of Encinitas PROP A CITY OF ENCINITAS Right to Vote Amendment Date:06/24/13 Time:14:28:42 Page:5 of 6 Reg. Voters Votes YES NO 413470-ENCINITAS 413480-ENCINITAS 413490-ENCINITAS 413500-ENCINITAS 413600-ENCINITAS 413670-ENCINITAS 413780-ENCINITAS 413810-ENCINITAS 413900-ENCINITAS 413910-ENCINITAS 414000-ENCINITAS 414030-ENCINITAS 414050-ENCINITAS 414080-ENCINITAS 999001-ENCINITAS-VBM 1290 110 43 39.09% 67 60.91% 1290 349 180 51.58% 169 48.42% 1290 459 223 48.58% 236 51.42% 1658 128 68 53.13% 60 46.88% 1658 355 164 46.20% 191 53.80% 1658 483 232 48.03% 251 51.97% 893 61 34 55.74% 27 44.26% 893 201 88 43.78% 113 56.22% 893 262 122 46.56% 140 53.44% 985 101 60 59.41% 41 40.59% 985 174 94 54.02% 80 45.98% 985 275 154 56.00% 121 44.00% 1055 91 50 54.95% 41 45.05% 1055 193 106 54.92% 87 45.08% 1055 284 156 54.93% 128 45.07% 1674 102 47 46.08% 55 53.92% 1674 415 204 49.16% 211 50.84% 1674 517 251 48.55% 266 51.45% 1292 109 51 46.79% 58 53.21% 1292 367 116 31.61% 251 68.39% 1292 476 167 35.08% 309 64.92% 1354 159 75 47.17% 84 52.83% 1354 388 192 49.48% 196 50.52% 1354 547 267 48.81% 280 51.19% 1331 71 38 53.52% 33 46.48% 1331 215 95 44.19% 120 55.81% 1331 286 133 46.50% 153 53.50% 1306 80 43 53.75% 37 46.25% 1306 227 114 50.22% 113 49.78% 1306 307 157 51.14% 150 48.86% 1085 108 61 56.48% 47 43.52% 1085 268 134 50.00% 134 50.00% 1085 376 195 51.86% 181 48.14% 1083 121 72 59.50% 49 40.50% 1083 290 176 60.69% 114 39.31% 1083 411 248 60.34% 163 39.66% 1698 88 45 51.14% 43 48.86% 1698 352 173 49.15% 179 50.85% 1698 440 218 49.55% 222 50.45% 1144 80 50 62.50% 30 37.50% 1144 228 111 48.68% 117 51.32% 1144 308 161 52.27% 147 47.73% 152 0 0-0 - 152 57 28 49.12% 29 50.88% 152 57 28 49.12% 29 50.88% 07/10/2013 Item #03 Page 13

CITY OF ENCINITAS SPECIAL MUNICIPAL ELECTION Tuesday, June 18, 2013 Official Canvass Results - City of Encinitas PROP A CITY OF ENCINITAS Right to Vote Amendment Date:06/24/13 Time:14:28:42 Page:6 of 6 Reg. Voters Votes YES NO CONGRESSIONAL DIST'S 2011 2011 49TH CONGRESSIONAL DIST STATE BOARD OF EQUALIZATION 4TH BD OF EQUAL DIST STATE SENATORIAL DIST'S 2011 2011 36TH SENATORIAL DIST Multiple Districts STATE ASSEMBLY DIST'S 2011 2011 76TH ASSEMBLY DIST Multiple Districts SUPERVISORIAL DISTRICTS 2011 2011 3RD SUPERVISORIAL DIST 39858 3327 1810 54.40% 1517 45.60% 39858 9546 4865 50.96% 4681 49.04% 39858 12873 6675 51.85% 6198 48.15% 39858 3327 1810 54.40% 1517 45.60% 39858 9546 4865 50.96% 4681 49.04% 39858 12873 6675 51.85% 6198 48.15% 39858 3327 1810 54.40% 1517 45.60% 39858 9546 4865 50.96% 4681 49.04% 39858 12873 6675 51.85% 6198 48.15% 39858 3327 1810 54.40% 1517 45.60% 39858 9546 4865 50.96% 4681 49.04% 39858 12873 6675 51.85% 6198 48.15% 39858 3327 1810 54.40% 1517 45.60% 39858 9546 4865 50.96% 4681 49.04% 39858 12873 6675 51.85% 6198 48.15% 39706 3327 1810 54.40% 1517 45.60% 39706 9489 4837 50.97% 4652 49.03% 39706 12816 6647 51.86% 6169 48.14% 152 0 0-0 - 152 57 28 49.12% 29 50.88% 152 57 28 49.12% 29 50.88% 39858 3327 1810 54.40% 1517 45.60% 39858 9546 4865 50.96% 4681 49.04% 39858 12873 6675 51.85% 6198 48.15% 39706 3327 1810 54.40% 1517 45.60% 39706 9489 4837 50.97% 4652 49.03% 39706 12816 6647 51.86% 6169 48.14% 152 0 0-0 - 152 57 28 49.12% 29 50.88% 152 57 28 49.12% 29 50.88% 39858 3327 1810 54.40% 1517 45.60% 39858 9546 4865 50.96% 4681 49.04% 39858 12873 6675 51.85% 6198 48.15% 39858 3327 1810 54.40% 1517 45.60% 39858 9546 4865 50.96% 4681 49.04% 39858 12873 6675 51.85% 6198 48.15% 39858 3327 1810 54.40% 1517 45.60% 39858 9546 4865 50.96% 4681 49.04% 39858 12873 6675 51.85% 6198 48.15% 07/10/2013 Item #03 Page 14

ORDINANCE 2013-04 AN ORDINANCE OF THE PEOPLE OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE ENCINITAS RIGHT TO VOTE AMENDMENT THE PEOPLE OF THE CITY OF ENCINITAS DO ORDAIN AS FOLLOWS: Title 30 of the Encinitas Municipal Code is hereby amended by adding a new Chapter 30.00 to read as follows: Chapter 30.00 ENCINITAS RIGHT TO VOTE AMENDMENT Sections: 30.00.010 Section 1. Title 30.00.020 Section 2. Statement of Purposes and Intent 30.00.030 Section 3. Planning Policy Documents Covered 30.00.040 Section 4. Types of Amendments Covered 30.00.050 Section 5. Amendments to Encinitas Planning Policy Documents 30.00.060 Section 6. City Wide Height Limits 30.00.070 Section 7. This Measure Amends Existing Policy Documents 30.00.080 Section 8. Effective Date 30.00.090 Section 9. Priority 30.00.100 Section 10. Severability 30.00.110 Section 11. Conflict with Other Ballot Measures 30.00.120 Section 12. Amendment or Repeal 30.00.130 Section 13. Request for Special Election 30.00.010 Section 1. TITLE. 1.1. This measure shall be known as the Community Character and Voters Rights Initiative. 30.00.020 Section 2. STATEMENT OF PURPOSES AND INTENT. 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. 07/10/2013 Item #03 Page 15

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. 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. 30.00.030 Section 3. PLANNING POLICY DOCUMENTS COVERED. 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." 30.00.040 Section 4. TYPES OF AMENDMENTS COVERED. 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, 07/10/2013 Item #03 Page 16

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. 30.00.050 Section 5. AMENDMENTS TO ENCINITAS PLANNING POLICY. DOCUMENTS. 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 4.3 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 4.3 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. A 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. 5.5. All Major Amendment and all Regular Amendment of any Planning Policy Documents shall be required to adhere to the Encinitas Community Participation Program as described in Chapter 23.06 of the Encinitas Municipal Code. 07/10/2013 Item #03 Page 17

30.00.060 Section 6. CITY WIDE HEIGHT LIMITS. 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. 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. 6.2. Exemptions to Height Limit. The following structures are exempted from this height limit: Medical Complex development projects and specified buildings associated with a public high school on a minimum 10 acre site, as currently provided in Section 30.28.010(C) and (D) of the Encinitas Zoning Code. 30.00.070 Section 7. THIS MEASURE AMENDS EXISTING POLICY DOCUMENTS. 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. 30.00.080 Section 8. EFFECTIVE DATE. 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. 30.00.090 Section 9. PRIORITY. 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. 30.00.100 Section 10. SEVERABILITY. 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 07/10/2013 Item #03 Page 18

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. 30.00.110 Section 11. CONFLICT WITH OTHER BALLOT MEASURES. 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. 30.00.120 Section 12. AMENDMENT OR REPEAL. 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. 30.00.130 Section 13. REQUEST FOR SPECIAL ELECTION. 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. PASSED, APPROVED AND ADOPTED by the People of the City of Encinitas at a Special Municipal Election held on the 18 th day of June 2013, and Election Results certified by the Encinitas City Council on the 10 th day of July 2013. Kathy Hollywood, City Clerk City of Encinitas, California 07/10/2013 Item #03 Page 19

S E l C a m i n o R e a l B u m a n n R d N e p t u n e A v e N V u l c a n A v e 101 5 L a C o s t a A v e H y g e i a A v e H y g e i a A v e I - 5 E o l u s A v e I - 5 N C o a s t H i g h w a y 1 0 1 T h i r d S t P i r a e u s S t O r p h e u s A v e W B S t W I S t O c e a n V i e w A v e K S t B u r g u n d y R d L e u c a d i a B l v d E D S t U r a n i a A v e C o r n i s h D r A r d e n D r 101 5 S a x o n y R d U n i o n S t Q u a i l G a r d e n s D r R e q u e z a S t S a n t a F e D r S a n E l i j o A v e H a w k V i e w D r S i d o n i a S t S a x o n y R d M a c k i n n o n A v e C a m b r i d g e A v e R o s e b a y D r L y n w o o d D r M e l b a R d W i n d s o r R d N o l b e y S t F r e d a L n V i a C a n t e b r i a S e e m a n D r L a k e D r E n c i n i t a s B l v d C r e s t D r N E l C a m i n o R e a l V i a M o l e n a W o t a n D r J o l i n a W a y O l i v e n h a i n R d G l e n A r b o r D r R o d n e y A v e C e r r o S t G l e n A r b o r D r 1 4 t h S t 1 3 t h S t N R a n c h o S a n t a F e R d J a c k i e L n L o n e J a c k R d L a t i g o R o w D o v e H o l l o w R d S e a q u e s t T r l M a n c h e s t e r A v e N e w p o r t A v e 5 W a l e s D r Coastal Zone Boundary (Approximate)!!!!! Encinitas Boundary Sphere of Influence C o a s t a l Z o n e DISCLAIMER: This map should not be used for Engineering, Survey, or Site-Specific Analysis. Every reasonable effort has been made to assure the accuracy of the data provided; nevertheless, some information may not be accurate. The City of Encinitas assumes no liability or responsibility arising from the use of or reliance upon this information. - Map Coordinates: Stateplane NAD83 Feet, CA Zone 6 - Parcel lines are not survey accurate, and some parcels can be positionally off up to +/- 40 feet - Photo flight dates: July 2009. 4 inch pixel resolution. Digital true color. - Orthophoto and Topo positional accuracy meet the precision adequate to support National Map Accuracy Standards for 1" = 100' mapping. Feet 0 3,000 6,000 07/10/2013 Item #03 Page 20

STATE OF CALIFORNIA -- THE NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 EDMUND G. BROWN, JR., Governor July 1, 2013 Jeff Murphy Director, Planning & Building Department City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Re: Response to email dated May 29, 2013 regarding Proposition A Dear Mr. Murphy, This office has had discussions with City staff about the implementation of an initiative, referred to as Proposition A, in the City that was approved by a local election on June 18, 2013, specifically as it relates to the Coastal Act and the City s certified Local Coastal Program (LCP). In brief, as Commission staff understands the provisions of Proposition A, it would provide for the following: Require voter approval for any amendments to the General Plan, Zoning Code or Zoning Map, approved specific plans or approved development agreements that increase the maximum number of residential units or commercial intensity of a site; increase the maximum allowable number of parcels that could be created from a site; rezone a site from residential to non-residential use or change the applicable zoning of a site to mixed use zone that would allow new or additional residential units or more intensive commercial use; Establish a maximum height limit of two stories and 30 feet throughout the City, except for specifically identified medical developments and public school facilities; Modify the measurement of building height in the zoning ordinance; and Amend existing public hearing notice requirements for amendments. As a result of our informal staff discussions, on May 29, 2013, we received an e-mail from you asking for Commission staff responses to the following questions. We have restated your questions in italics below, followed by our responses. 1. Does the Coastal Commission need to approve/certify all, or a portion of Proposition A before it can take effect on property located within the Coastal Zone? Briefly, the answer is yes. Sections 30514(a) and (e) of the Coastal Act state [a] certified local coastal program and all local implementing ordinances, regulations, and other actions may be amended by the appropriate local government, but no such amendment shall take effect until it has been certified by the commission and [f]or 07/10/2013 Item #03 Page 21

Jeff Murphy July 1, 2013 Page 2 purposes of this section, amendment of a certified local coastal program includes, but is not limited to, any action by a local government that authorizes the use of a parcel of land other than a use that is designated in the certified local coastal program as a permitted use of the parcel. (Emphasis added) An ordinance that would affect the use of land in the coastal zone in a manner that is not permitted in a certified LCP or one that would potentially prohibit a use that is otherwise allowed in a certified LCP or Land Use Plan must be submitted to the Coastal Commission, regardless of whether it was adopted by the legislative body or by the electorate. Such local actions that affect the regulation of land use in the coastal zone must be submitted to the Coastal Commission as LCP amendments; and, unless and until the Commission certifies the initiative as an LCP amendment, the initiative measure has no legal force or effect in the coastal zone for purposes of the Coastal Act. 2. If so, what portions need to be certified, what is the process, and how long will it take to complete? It appears that multiple portions of the initiative may directly modify or indirectly impact the LCP. First, Land Use Policy 6.6 of the City s certified Land Use Plan states: The construction of very large buildings shall be discouraged where such structures are incompatible with surrounding development. The building height of both residential and non-residential structures shall be compatible with surrounding development, given topographic and other considerations, and shall protect public views of regional or statewide significance. Unlike most other certified land use plans, there was no specific height limit adopted for development in the Encinitas LCP. The proposed initiative states [o]n and after the date this initiative measure becomes effective no building or structure shall exceed a maximum height of two stories or 30 feet. Without commenting on the merits of the proposed 30 ft. height limit, to be effective in the coastal zone under the authority of the Coastal Act, that provision in the initiative would need to be incorporated into the LCP, thus an LCP amendment would be needed. Second, in addition to the aforementioned establishment of a specific height limit, the initiative also proposes a new standard for the measurement of height which reads: 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. Again, without commenting on the merits of the proposed standard, the proposed adoption of a new building height limit and measurement clearly modifies or revises certified provisions of the Zoning Code which are part of the certified LCP Implementation Plan as follows: Chapter 30.04 (relating to the definition of building height); Chapter 30.16.010 of the Zoning Code (specifically related to the establishment of a base elevation for the finished building pad and height of development on a sloped lot), and various individual Specific Plans; thus, an LCP amendment would be required for these changes to be effective in the coastal zone. 07/10/2013 Item #03 Page 22

Jeff Murphy July 1, 2013 Page 3 Third, without reference to the certified LCP provisions on public noticing for amendments to the LCP, the initiative specifies new public noticing measures that would also need to be reconciled with the existing LCP. Lastly, language in the initiative also appears to conflict with the language on Page 1-2 of the Introduction to the City s certified Land Use Plan that clarifies LCP policies take precedence over non-lcp provisions in the General Plan. The language reads as follows: Where any policy or provision of the General Plan that is a part of the Local Coastal Program Land Use Plan (LUP) conflicts with any policy or provision of the General Plan that is a not a part of the Local Coastal Program Land Use Plan (LUP), the LUP Policy or provision shall take precedence in the area of the City within the Coastal Zone. Where two or more LUP policies or provisions conflict with each other, the conflict shall be resolved in a manner which on balance is most protective of significant coastal resources. In summary, the initiative s provisions relative to the establishment of a specific height limit and a new standard for the measurement of height represent the elements that most clearly affect land use regulation in the City. These elements would need to be incorporated into the LCP to be effective in the coastal zone pursuant to the Coastal Act. Relative to process and the time needed to complete an LCP amendment, the process is the same as for any other proposed LCP amendment. Once an LCP amendment is deemed complete and filed in our office, the Coastal Act provides that land use plan amendments should be acted upon within 90 days of filing and implementation plan amendments should be acted upon within 60 days of filing; however, the Act also provides in Section 30517 that a one year time extension may be granted. Given existing workload demands and our limited staff resources, it is generally very difficult to process LCP amendments in the cited timeframes and extensions of time are routinely requested. Nonetheless, as part of the Commission s existing efforts to advance our LCP coordination and work with local governments, we are already committed to prioritizing LCP work. Understanding the time sensitivity for the City, Commission staff would work with the City to expedite review of any resulting LCP amendments and target a hearing before the Commission in San Diego County, Orange County or Los Angeles County to maximize public participation. 3. If passed, Proposition A will require that General Plan Amendments/Rezones that increase density and intensity will require approval of both City Council and the electorate of the City. If the Coastal Commission s role is to review amendments for consistency with Coastal Act Requirements, at what step in the process should the Coastal Commission hold a hearing to review and certify a proposed amendment? After Council approval, should Coastal action be before or after the election? 07/10/2013 Item #03 Page 23

Jeff Murphy July 1, 2013 Page 4 Based on court precedents and an opinion from the Attorney General s Office, the Commission would review an LCP amendment adopted through the initiative process after the voters have adopted the amendment. Furthermore, when it reviews an LCP amendment adopted through initiative, as with any LCP amendment, the Commission retains the authority to certify, refuse to certify, or to certify the amendment with suggested modifications. Within the coastal zone, the LCP amendment(s) would only become legally effective with Commission certification of the LCP amendment request. Any specific land use redesignations or re-zonings promulgated by a vote of the electorate would require separate LCP amendments from the Coastal Commission before becoming legally effective within the City s coastal zone. 4. LCPs generally specify appropriate location, type and scale of new or changed uses of land and water and cover many coast-related issues addressed under the Coastal Act. On May 22nd, the City Council eliminated Land Use Policy 3.12.5 and amended Policy 3.10. In short, these changes now require that General Plan Amendments and/or rezones that increase the density/intensity of a planned land use must be approved via a public vote (similar to what was being proposed in Prop A). Furthermore, a new land use policy 3.14 was added that requires voter approval for any comprehensive General Plan updates. A copy of the resolution showing the changes is also attached. a. We find that because these changes impacted process only, and do not advance or interfere with the policies of the Coastal Act, the changes do not require Coastal Commission approval. Do you concur? b. If not, what is the process and how long will it take to complete? With regard to the City Council changes adopted on May 22, 2013, Commission staff concurs but would make the following observations and comments. As you are certainly aware, the construction of the City s certified LCP is distinctive in that the certified land use plan is embedded in the City s General Plan. The entirety of the City s General Plan is not contained within the certified LCP, rather it is only certain highlighted policies therein that constitutes the bulk of the certified land use plan. We are therefore concerned about the potential under the City s proposed adoption of new land use policy 3.14 for the development of a comprehensive General Plan update that would need to be reconciled with the existing General Plan that presently contains within it the certified land use plan. There would be no benefit to the City, property owners, general citizenry, broader public or the Commission to have two different general plans and we would hope that such a situation would never be promoted. I hope this responds to your questions. If you have additional questions or need further clarification, please don t hesitate to contact me at the above office. Thank you for your patience and efforts to assure compliance with the State s coastal management program. 07/10/2013 Item #03 Page 24

Jeff Murphy July 1, 2013 Page 5 Sincerely, Eric Stevens Coastal Program Analyst CC: Sherilyn Sarb, Deputy Director, California Coastal Commission Deborah Lee, District Manager, California Coastal Commission (G:\San Diego\Eric\Letters\To Cities\Encinitas\Encinitas Prop A response letter 7.1.2013.doc) 07/10/2013 Item #03 Page 25