dolores bastian dalton, 2 barbara e. kautz,
TRANSCRIPT
PLAINTIFF CITY OF ENCINITAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 1849\07\2781028. (
28 DOES 1 through 100, and therefore sue those Defendants by such fictitious names. The City
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25 (HCD) is a state agency charged with, among other things, monitoring compliance by local
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Defendant the California Department of Housing and Community Development 2. 24
23 of the State of California. Ooklond Coliforn,o
Elevenrh Floor The City is a municipal corporation organized and existing under the general laws 1.
Parties, Jurisdiction, and Venue I 300 Cloy Stteet
Lipman llP Plaintiff the City of Encinitas (the City), a California municipal corporation, alleges:
PLAINTIFF CITY OF ENCINIT AS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF AGAINST THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
IMAGED FILE
Assigned for all Purposes to: THE HON. EARL H. MAAS, III, Department N-28
Case No.: 37-2019-00047963-CU-OR-NC
Goldfarb&
Defendants.
THE CALIFORNIA DEPARTMENT OF 14 HOUSING AND COMMUNITY
DEVELOPMENT, and DOES 1-100, inclusive,
v. Plaintiff,
CITY OF ENCINITAS,
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO, NORTH DISTRICT
[Exempt.from Filing Fee (Gov. Code§ 6103)]
DOLORES BASTIAN DALTON, State Bar# 94931 [email protected]
2 BARBARA E. KAUTZ, State Bar# 231050 [email protected]
3 GOLDFARB & LIPMAN LLP 1300 Clay Street, Eleventh Floor
4 City Center Plaza Oakland, California 94612
5 Telephone: (510) 836-6336 Facsimile: (510) 836-1035
6 Attorneys for Plaintiff
7 CITY OF ENCINITAS
The City is ignorant of the true names and capacities of those sued herein as 3.
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1849 07 2781028 I PLAINTIFF CITY OF ENCINIT AS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIH
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POLICY 3.7: With the exceptions described in Policy 3.12, once acknowledged as being consistent with the General Plan and Local Coastal Program, the allowable maximum density of any property designated for residential use shall not be increased except by the affirmative vote of a majority of those voting in the election approving the proposed increase.
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was amended to state: 22 300 Coy :,r,ee•
boundaries of the City. Specifically, in 2013, the Land Use Element of the City's General Plan 21
vote of the people prior to redesignating or rezoning certain residential properties within the Joldlo b &
In 2013 the Encinitas City Council enacted legislation requiring an affirmative 6. 19
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16 are partially, and only to a limited extent, preempted by state law, to the extent that they prevent
17 the City from timely revising its Housing Element, and passing Housing Element implementing
18 legislation, as required by state law.
With this action the City seeks a judicial declaration that the Vote Requirements 5. 15
7 under state law with respect to state law-mandated revisions to the City's Housing Element of its
8 General Plan> and the required passage of legislation implementing the Housing Element
9 revisions, pursuant to Government Code sections 65580 et seq. The City is unable to meet its
10 obligations under state law to adopt revised housing elements and pass related implementing
1 l legislation due to local Jaw requirements that certain land use planning actions that result in
12 increased density must be subject to a vote of the people before going into effect. The local vote
13 requirements are described in more detail in paragraphs 6 and 8, below, and arc referred to
14 collectively herein as the "Vote Requirements."
will amend this Complaint to allege their true names and capacities if and when they are
2 ascertained. The City designates all other unknown persons or entities claiming any interest in th
3 subject of this litigation as DOE defendants. The City is informed and believes that each of the
4 Defendants named as DOES 1 through 100 should be bound by the declarations sought herein.
5 General Background
With this action the City seeks a judicial declaration regarding its obligations 4. 6
PLAINTIFF CITY OF ENCINITAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 3
f. Any Development Agreement granting rights to develop private or public land.
d. The Zoning Map of the City of Encinitas,
e. Any Specific Plan for a geographic area within the City, or
b. The Land Use Policy Maps of the Encinitas General Plan (including the following policy maps: [ citations omitted]),
c. The text of the Encinitas Zoning Regulations (Title 30 of the Encinitas Municipal Code),
a. The text of the Encinitas General Plan's Land Use Element,
3. J. 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:
30.00.030 Section 3 - Planning Policy Documents Covered.
certain land use policy documents becomes effective. Specifically, Proposition A states:
adoption of a revised Housing Element and related implementing legislation.
8. In addition to the above, in June 2013, the voters of the City passed Proposition
A, which requires a vote of the people before any repeal, amendment or adoption of all or part of
exceptions to the above Vote Requirements. None of those exceptions usually pertain to the
7. Policy 3.11 of the Land Use Element of the City's General Plan sets forth certain
POLICY 3.12: A public vote shall be required on all City Council approved General Plan updates that are comprehensive in nature, and shall become effective only when a majority of those voters who cast ballots vote for the change. A comprehensive General Plan update shall be a City-sponsored work program titled as such that substantially changes and/or re-adopts the text and maps of the existing elements.
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POLICY 3.8: With the exceptions described in Policy 3.12, once acknowledged as being consistent with the General Plan and Local Coastal Program, property designated/zoned for non-residential uses shall not be redesignated/rezoned to allow residential uses except by the affirmative vote of a majority of those voting in the election approving the proposed change.
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PLAINTIFF CITY OF ENCINJTAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 4
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 the ballot measure proposing the Major Amendment at a regular or special election.
30.00.050 Section 5 - Amendments to Encinitas Planning Policy Documents.
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. (Ord.2013-04)
g. Increases the maximum allowable commercial or retail square footage for a parcel or group of parcels.
f. Increases the allowed maximum height of development or changes how height is measured such that additional height could be permitted than previously permitted.
e. Changes a parcel or parcels from any residential land use to allow any other nonresidential land use.
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 or increasing the maximum allowable residential units.
a. Increases the maximum allowable number of residential units which may be constructed on any parcel or group of parcels.
3.2 In this initiative measure the above six items are referred to as the "Planning Policy Documents." (Ord. 2013-04)
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:
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PLAINTIFF CITY OF ENCINITAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 5
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21 (Government Code§ 65588(e)(2)(B)), the City's staff, working with outside consultants, in order
22 to comply with state law, prepared a comprehensive update to the City's Housing Element and
23 drafted related implementing legislation, consisting of zoning changes and general and specific
24 plan amendments (referred to herein as the "Housing Element Package.") In June 2016 the City
25 adopted the Housing Element Package subject to voter approval before it went into effect, as
26 required by the Vote Requirements.
For the 2013 to 2021 housing element update period (the Fifth Cycle) 12. 20
19 65585.)
18 opines whether the element is in substantial compliance with state law. (Government Code§
11. Defendant HCD reviews each city's housing element (in draft and final form) and 17
14 in the housing element, a city must do an inventory of land zoned for housing that identifies
15 specific sites, describes existing uses and the density permitted, and states specifically how many
16 units can be accommodated on each site. (Government Code §§65583(a)(3); 65583.2.)
10. To show that there is enough land zoned for housing to accommodate the RHNA, 13
9 represents the expected need for housing in a city at each income level. In order to demonstrate
10 that a city has enough land zoned for housing at appropriate densities, cities must often enact
11 implementing legislation that increases density. Pursuant to the Vote Requirements, such
12 implementing legislation must be approved by the City's voters before going into effect.
8 Regional Housing Need Allocation, or RHNA.) (Government Code §65583(c)(l).) The RHNA
4 and are intended to identify local housing needs, adopt programs to meet housing needs, and
5 identify adequate sites for all types of housing (Government Code§§ 65583, 65580 et seq.) The
6 key requirement for housing elements is that a city demonstrate that it has enough land zoned for
7 housing at appropriate densities to accommodate its share of the regional housing needed (the
Under state law, housing elements are required elements of cities' general plans 9.
The full text of Proposition A is attached to this Complaint as Exhibit A and
2 incorporated by this reference.
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1849 07.2781028.1 PLAINTIFF CITY Of ENCJNITAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF
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23 (c) San Diego Tenants United v. City of Encinitas, et al., San Diego action no.37-2017-
24 00013257-CU-WM-NC (the San Diego Tenants case); and
25 (d) Building Industry Ass'n v. City of Encinitas, et al., action no. 37-2017-00023267-CU-
26 WM-NC (the BIA JJ case.)
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20 00034550-CU-WM-NC (the BIA I case);
21 (b) DCM Properties v. City of Encinitas, et al., San Diego action no. 37-2016-00002342-
22 CU-MC-NC (the DCM case);
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17 comply with state law requirements for updating housing elements and passing related
18 implementing legislation. Those lawsuits were:
19 (a) Building Industry Ass'n v. City of Encinitas, et al. San Diego action no. 37-2014- ,..,,dfo,o &
16. Meanwhile, the City was sued in four separate lawsuits for an alleged failure to 16
13 Element Package, subject to the approval of the City's voters, consistent with the Vote
14 Requirements. The City Council voted to put the revised Housing Element Package before the
15 City's voters in the November 2018 general election.
15. On June 20 and July 18, 2018, the City Council adopted the revised Housing 12
5 Housing Element Package for the Fifth Cycle (the "Revised Housing Element Package.") The
6 City convened a Housing Element Subcommittee, consisting of City officials and community
7 members, including a leader of the Measure T opposition, to assist in revising the Housing
8 Element Package with the goal of preparing a Housing Element Package that would be approved
9 by the City's voters. The City maintained regular contact with HCD about the contents of the
10 revised Housing Element Package and incorporated HCD's comments and suggestions into the
11 revised Housing Element Package.
14. Immediately after the Measure T vote, the City began working on a revised 4
13. The City put the Housing Element Package, known as Measure T, before the
2 voters for approval in the November 2016 general election. On November 8, 2016, the City's
3 voters decisively rejected the Housing Element Package.
PLAINTIFF CITY OF ENCINITAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 7
Housing Element what additional actions the City would take to ensure that future housing
element updates could be adopted in a timely fashion, consistent with state law. The City is
the Fifth Cycle Housing Element Package, HCD required that the City state in the Fifth Cycle
updates and the passage of related implementing legislation. Given the repeated failure to
successfully obtain voter approval of a Housing Element Package, as a condition of approval of
identified the Vote Requirements as a constraint on the City's adoption of future housing element
21. Consistent with the Writs, the City prepared an updated Housing Element
Package and consulted with HCD regularly about the contents of the revised Package. HCD
Respondent the City of Encinitas (the City) shall bring its general plan into compliance with the Government Code within 120 days pursuant to Government Code § 65754 and to comply with the requirements relating to the Department of Housing and Community Development as set forth in Government Code §65754{a) .
12 writs of mandate {the Writs) in the San Diego Tenants and BIA II cases, ordering the City to
13 adopt an updated Housing Element Package for the Fifth Cycle, and to comply with state law
14 requirements relating to consultation with HCD about the contents of the Housing Element
15 Package, as required by Government Code section 65754(a). Specifically, the Writs commanded
16 the City as follows:
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20. Thereafter, on February 1, 2019, the Court issued, and the City was served with, 11
IO Housing Element Package.
19. In the November 2018 general election, the City's voters rejected the revised 9
8 funds.
5 informed and believes that unless the Court grants the declaratory relief prayed for herein, the
6 City's Vote Requirements will result in the City being named in more lawsuits claiming that the
7 City is out of compliance with state law, resulting in a further undue consumption of public
18. Defending the lawsuits described above has been extremely costly. The City is 4
17. The BIA I and DCM cases were settled by the parties. The Court stayed the San
2 Diego Tenants and BIA II cases, pending the outcome of the November 2018 vote on the revised
3 Housing Element Package.
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PLAlNTJFF CITY OF ENCINITAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 8
28 available throughout the planning period) adequate sites at appropriate densities by income level:
27 (Government Code§ 65583.2(a).) Additionally, cities must zone for (and continuously make
26 accommodate the projected housing need by income category for the coming planning period.
Cities must begin each housing element cycle by demonstrating that they can 24. 25
22 found that the Fifth Cycle Housing Element and implementing legislation complied with state
23 Housing Element Law Consequently, the Fifth Cycle Housing Element and implementing
24 legislation is now final and in effect.
Following the Coastal Commission's determination, on October 8, 2019 HCD 23. 21
18 Plan Amendment at its June 2019 meeting and suggested a revision. The City made the revision
19 and on September 16, 2019, the Coastal Commission informed the City that the Fifth Cycle
20 Housing Element is legally adequate.
15 implementing legislation on March 13, 2019. The implementing legislation includes a Local
16 Coastal Plan Amendment for parts of the City within the coastal zone, which must be approved
17 by the California Coastal Commission. The Coastal Commission considered the Local Coastal
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General Plan Land Use Element so that a simple majority of the City Council may adopt future Housing Elements and implementing actions without requiring a vote of the people.
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• Seek judicial determination that state law preempts portions of Proposition A and any vote requirements in the City's
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required it to do so, in Program 3C of the Fifth Cycle Housing Element, the City has agreed to:
Take actions in advance of the next Housing Element due date (April 2021) to ensure that future Housing Elements and implementing actions (i.e., amendments to the Land Use Element, upzoning of sites in connection with the adoption of the Housing Element, upzoning of sites to the extent required by Gov't Code §65863, and adoption of development standards required to implement a Housing Element) can be adopted in a timely fashion consistent with State law. These actions will include:
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informed and believes that HCD has a strong and continuing interest in the interplay between
local initiatives requiring voter approval for land use decisions, and state law. Because HCD
The City Council adopted the Fifth Cycle Housing Element and related 22.
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PLAINTIFF CITY OF ENCINITAS'S FJRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 1849\07'.278 I 028.1
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Council may adopt future Housing Elements and implementing actions without requiring a vote
requirements in the City's General Plan Land Use Element, so that a simple majority of the City 27
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25 adoption of the Fifth Cycle Housing Element, the City would file an action for declaratory relief,
26 seeking a judicial determination that state law preempts portions of Proposition A and any vote 01663 ,t
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16 is April 2021. In order to ensure that the City remains in compliance with state law, including
17 No Net Loss requirements that will continue during the Sixth Cycle and beyond, and timely
18 adopts housing element updates and passes related implementing legislation for the Sixth Cycle
19 and all future housing element cycles, with this action the City seeks a judicial declaration that
20 Housing Element updates and related implementing legislation, including actions to comply with
21 No Net Loss requirements, are not subject to the Vote Requirements, because the Vote
22 Requirements are, to a limited extent only, preempted by state Housing Element Law,
23 Government Code sections 65580 et seq.
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The deadline for the City to adopt a housing element package for the Sixth Cycle 25. 15
12 increase in density must be approved by the voters. Given election schedules, the Vote
13 Requirements may well prevent the City from complying with this deadline established by State
14 Jaw if the City is required to upzone to comply with the No Net Loss standard.
11 180 days. (Government Code§ 65863(c)(2).) The Vote Requirements mandate that such an
IO adequate sites, it must accomplish any upzoning required to achieve adequate densities within
4 income housing. (Government Code§§ 65583.2(c); 65863.) This ongoing obligation requires
5 that if, during the planning period, development projects are approved for sites included in the
6 housing element, but the projects will either result in fewer units than the number projected in
7 the housing element, or a different income level than shown in the housing element, the city mus
8 demonstrate that it still has adequate sites available to fulfill its housing needs in each income
9 category (Government Code§ 65863; the "No Net Loss" principle.) If the City does not have
lower income housing (affordable to households with incomes less than 80 percent of the area
2 median income); moderate income housing (affordable to households with households with
3 incomes between 80 percent and 120 percent of the area median income); and above moderate
Program 3C of the Fifth Cycle Housing Element stated that, within 180 days of 26. 24
PLAINTIFF CITY OF ENCINJTAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 1849 07 2781028.1
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26 has not complied with Program 3C is that the City had not served the within action. HCD is
27 making this contention even though Program 3C does not state a deadline for service of the , > 8 30 S ••
.o a,oo .c, The City is informed and believes that the basis of HCD's contention that the City 31. 25
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21 failed to implement Program 3C of the Fifth Cycle Housing Element and that this alleged failure
22 had brought the City out of substantial compliance with California's Housing Element Law.
23 HCD therefore threatened to revoke its finding that the Fifth Cycle Housing Element complied
24 with state Housing Element Law and provided 30 days for the City to respond.
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On February 7, 2020, HCD informed the City that it had found that the City had 30. 20 ,pmon UP
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16 threatened that, if served with the Summons and Complaint on file herein, it would file a Motion
17 to Dismiss the action. If a Motion to Dismiss were filed, the City is informed and believes that
18 prosecution of the action, and eventual determination on the merits, would be substantially
Contrary to the City's understanding, Preserve Proposition A has recently 29. 15
8 group whom the City was informed and believed was seeking an opportunity to defend
9 Proposition A in court. The City was further informed and believed that Preserve Proposition A
10 was opposed to the relief sought by the City in the instant action, namely a judicial declaration
11 that the Vote Requirements are preempted to a limited extent only, and only to allow the City to
12 comply with state Housing Element Law. The City was informed and believed that Preserve
13 Proposition A was seeking to participate in the instant action, in order to defend the Vote
14 Requirements.
In this action the City originally named Preserve Proposition A, a local citizens' 28. 7
5 declaratory relief action. Program 3C also does not contain any deadline for prosecuting the
6 declaratory relief action to judgment.
of the people. The City has complied with Program 3C by filing the instant action on September
2 6, 2019, within 180 days of the March 13, 2019 adoption of the Fifth Cycle Housing Element
3 and implementing legislation.
Program 3C contains no requirement as to what party would be named in the 27. 4
PLAINTIFF CITY OF ENCINITAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 11
contends that Proposition A in its entirety violates state law.
requiring a vote of the people. The City is informed and believes that HCD, unlike the City,
the City Council may adopt future Housing Elements and implementing actions without
City further contends that the Court should issue a judicial declaration that a simple majority of
requirements, regarding updating housing elements and enacting implementing legislation. The
legislation implementing the Housing Element updates, and compliance with No Net Loss
requirements. The City contends that state law preempts the Vote Requirements only to the
limited extent necessary for the City to comply with state law, including No Net Loss
regarding the timely adoption of updates to the City's Housing Element, the passage of related
35. The Vote Requirements have prevented the City from complying with state law
related implementing legislation, as required by state Jaw, and without requiring a vote. The Cit
is informed and believes that HCD contends that not only does Proposition A conflict with
Housing Element Law, but also, that Proposition A in its entirety is completely invalid, both
facially and as applied. The City contends otherwise.
preempted only to the limited extent necessary to allow the City to adopt Housing Elements and
34. An actual controversy has arisen between the City on the one hand and HCD on
the other, in which the City contends that the Vote Requirements, including Proposition A, are
11 paragraphs 1 through 32, above.
Plaintiff realleges and incorporates by reference the allegations contained in 33. 10
4 Proposition A, "as applied and on its face," is void in its entirety as violating state law. The City
5 disputes this contention and alleges merely that the City should be allowed to adopt housing
6 element updates and related implementing legislation, which are required by state law, without
7 requiring a vote of the people.
8 Cause of Action for Declaratory Relief
9 (By the City against all Defendants)
action or a deadline for bringing the action to judgment. Program 3C also does not specify who
2 should be named as a party to the action.
On February 7, 2020, and later, HCD also informed the City that, in its view, 32. 3
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PLAINTIFF CITY OF ENCINITAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 18-19 07 2781028.1
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By:D~~~ DOLORES BASTIAN DAL TON Attorneys for Plaintiff CITY OF ENCJNIT AS
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For such other and further relief as the Court deems just and proper.
For costs of suit; and 39.
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12 future Housing Elements and implementing actions, including meeting No Net Loss
13 requirements, without requiring a vote of the people;
For a judicial declaration that a simple majority of the City Council may adopt 38. 11
9 the extent necessary for the City to comply with state law regarding adoption and amendment of
10 housing elements, enaction of implementing legislation, and compliance with No Net Loss;
37. For a judicial declaration that state law preempts the Vote Requirements only to 8
36. The City is entitled to a judicial declaration to establish the respective rights and
2 duties of the City with respect to the adoption of required updates to the City's Housing Element
3 and the passage of related implementing legislation, including meeting No Net Loss
4 requirements. A judicial resolution is necessary and appropriate as the City has no adequate
5 remedy at Jaw to resolve the issues described herein.
6 Prayer for Relief
7 Wherefore, the City prays for judgment as follows:
GOLDFARB & LIPMAN LLP . 17 DA TED: March 6, 2020
PLAINTIFF CITY OF ENCINITAS'S FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF 1849\07\2781028.1
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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.
30.00.040 Section 4-Types of Amendments 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" UJ-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 tights to develop private or public land.
3.2. In this initiative measure the above six items are referred to as the "Planning Policy Documents." (Ord. 2013-04)
30.00.030 Section 3-Planning Policy Documents Covered.
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 ow- community's zoning and property rights in perpetuity, ifwe 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. (Ord. 2013-04)
Om 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. [n doing so, it is the intent of this measure to:
2.1. J. 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. 2.1.2. Prevent the urbanization of our small town character and maintain the individual character of our five unique communities.
30.00.020 Section 2-Statement of Purposes and Intent.
I. 1. This measure shall be known as the Community Character and Voters' Rights Initiative. (Ord. 20 J 3-04)
30.00.010 Section 1-Title.
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Title 30 ZONING I If Mrn Nt
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6. l. 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. 6.2. 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; except for projects on sites with the R-30 Overlay land use designation, which shall be measured as provided by Chapter ~U 16 of the Encinitas Zoning Code. 6.3. Exemptions to Height Limit. The following structures are exempted from this height limit:
a. Medical Complex development projects as provided in Section 30 2~ (l I O(C);
b. Specified buildings associated with a public high school on a minimum IO acre site, as provided in Section 30 -, )-, 0 I O(D); and
30.00.060 Section 6-City Wide Height Limits.
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 5.3 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 5.3 shall include at least all the following information in not less than l 3 point type: a. The name of the applicant proposing the amendment. b. The total acreage of the area proposed for amendment. c. An 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 21 Oh of the Encinitas Municipal Code. (Ord. 2013-04; Ord. 2019-04)
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, 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. (Ord. 2013-04) 30.00.050 Section 5-Amendments to Encinitas Planning Policy Documents.
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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. (Ord. 2013-04)
30.00.120 Section 12-Amendment or Repeal.
l 1.1. 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. (Ord. 2013-04)
30.00.110 Section 11-Conflict With Other Ballot Measures.
l 0.1. 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 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. (Ord.2013- 04)
30.00.100 Section 10-Severability.
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. (Ord. 2013-04)
30.00.090 Section 9-Priority.
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 tbe 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 IO days after that date as specified in Section 921 7 of the California r ler nons lode. (Ord. 2013-04)
30.00.080 Section 8-Effective Date.
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 mea ure 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 ~n IC> tl I O(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 U e Element, but intends to supplement (i.e .. add to) the voter requirements found in those policies. (Ord. 2013-04)
30.00.070 Section 7-This Measure Amends Existing Policy Documents.
Chapter 30.00 ENCINITAS RIGHT TO VOTE AMENDMENT
c. Residential structures proposed on sites designated with the R-30 Overlay land use designation that meet the requi.rements of the R-30 OL Zone as provided in Chapter ~u 16 of the Encinitas Zoning Code, as well as in the DYCM R-30 OL Zone of tbe Downtown Speci fie Plan, the N-R3 (R-30 OL), and N-L-VSC (R-30 OL) Zones of the North IO I Conidor Specific Plan; and the ER-R-30 Zone of the Encinitas Ranch Specific Plan. (Ord. 2013-04; Ord. 2019-04)
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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 \ ode, (Ord. 2013-04)
30.00.130 Section 13-Request for Special Election. Chapter 30.00 ENCINITAS RIGHT TO VOTE AMENDMENT 1/28/2020