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HomeMy WebLinkAbout13 - NB-3 - Initiative Petition Qualifying for Ballo - 3/15/2016CITY COUNCIL AGENDA REPORT MEETING DATE: March 15, 2016 ITEM NUMBER: NB -3 SUBJECT: INITIATIVE PETITION QUALIFYING FOR BALLOT; CONSIDERATION OF ADOPTING NEW ORDINANCE, OR ORDERING REPORT DATE: MARCH 9, 2016 FROM: CITY CLERK'S OFFICE; CITY ATTORNEY'S OFFICE PRESENTATION BY: BRENDA GREEN, CITY CLERK; TARQUIN PREZIOSI, DEPUTY CITY ATTORNEY FOR FURTHER INFORMATION CONTACT: BRENDA GREEN, CITY CLERK, 714-754-5225 RECOMMENDATION: 0 Staff recommends that the City Council: 1. Accept the Certificate of Sufficiency issued by the County of Orange Registrar of Voters regarding, "An Initiative To Require Voter Approval On Certain Development Projects". Further, it is recommended that the City Council approve one of the following options: 1. Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented; or 2. Order placement of the measure on the November 8, 2016 consolidated municipal election. Resolutions calling for a consolidated municipal election, and submission of the measure to the ballot, to be adopted at the June 7, 2016 City Council meeting; or 3. Order a report pursuant to Election Code (EC) §9212 at the regular meeting at which the certification of the petition is presented. 1 BACKGROUND: The procedures for placing an initiative to enact an ordinance on the ballot are set forth in California Election Code §§9200-9226. On June 29, 2015 the City of Costa Mesa, City Clerk, received a voter initiative petition by its proponents (Proponents) "To Require Voter Approval On Certain Development Projects" (Attachment 1). As required by the California Elections Code, the City Attorney's Office provided a title and summary (Attachment 2). The Proponents of the initiative published the Notice of Intent to Circulate and were legally permitted to circulate the petition June 17, 2015 to January 6, 2016. The petition required 4,995 valid signatures to qualify for the 2016 General Election ballot. At the time the Notice of Intention was filed, the voter registration report on file with the California Secretary of State revealed 49,959 registered voters within Costa Mesa. California Election Code §9215 required that an initiative petition be signed by at least ten percent (10%) of the total number of eligible registered voters to qualify for the next General Municipal Election. On January 4, 2016, the Proponents of the initiative petition filed the signed petitions. The City Clerk conducted a prima facie review and determined there was a sufficient number of signatures to proceed: 6908 total tally. On January 5, 2016, the petition was delivered to the County of Orange Registrar of Voters Office for signature verification. The Orange County Registrar of Voters has examined the records of voter registration for the City of Costa Mesa and has determined that the initiative petition has been signed by no less than 10 percent of City of Costa Mesa registered voters. Therefore the initiative petition is sufficient to be certified to the City Council. The Election Code requires the City Clerk to certify to the City Council any initiative petition which qualifies for an election. (EC §§9211, 9114). Refer to Attachments No. 3 for Certifications. ANALYSIS: Election Code Requirements Pursuant to Elections Code §9214 if an initiative petition is signed by not less than 10 percent of the registered voters of a city, the legislative body shall do one of the following: a) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented; or b) Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of EC §1405; or c) Order a report pursuant to EC §9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b). 2 Elections Code §9212 ["Referral of proposed initiative measure to city agency for report"] provides that the City Council may refer the proposed initiative measure to any city agency or agencies for a report on any matter the City Council requests to be in the report, including but not limited to: 1. Its fiscal impact; and/or 2. Its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code; and/or 3. Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs; and/or 4. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses; and/or 5. Its impact on the community's ability to attract and retain business and employment; and/or 6. Its impact on the uses of vacant parcels of land; and/or 7. Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization; and or 8. Any other matters that the legislative body wishes to be considered in the report. The report(s) shall be presented to the City Council no later than 30 days after the elections official certifies to the legislative body the sufficiency of the initiative petitions. Because the March 15, 2016 meeting is when certification of the initiative petitions will occur, any reports requested shall be returned to the City Council at the April 5, 2016 regular City Council meeting. Keyser Marston Associates, inc.'s Proposal Due to the complex analysis required on the initiative, and due to time constraints, City staff has retained the services of Keyser Marston Associates, Inc. Staff has received the attached proposal (Attachment 4) from Keyser Marston Associates, Inc. to prepare the Elections Code section 9212 report. The proposal focuses on the potential impacts of the Initiative on future development within the City and the potential impacts to the City's general fund. Keyser Marston Associates, Inc. is an outside consultant with demonstrated expertise in such matters that is able to prepare an un -biased and objective analysis. The proposal submitted by Keyser Marston is within the CEO's authority, and sufficient funds remain in the CEO Administration Consulting Account, 530201-101-11100-50250. 3 FISCAL REVIEW: The cost for the signature verification of the initiative by the Orange County Registrar of Voters Office is $20,746.80. The estimated election costs to add the initiative to the consolidated general election is $20,000.00 The estimated cost for Keyser Marston Associates, Inc. to prepare a financial analysis of the potential impact of the Initiative is estimated to be approximately $15,000.00, based on their proposal. At present the estimated costs of implementing the ordinance is indeterminate. LEGAL REVIEW: The City Attorney's office has reviewed this report and has approved it as to form and legal content. THOMAS P. DUARTE City Attorney BRENDA GREEN City Clerk RICHARD FRANCIS Assistant CEO ATTACHMENTS: 1. Petition 2. Ballot Title & Summary 3. Certification 4. Proposal from Keyser Marston Associates, Inc. 12 ATTACHMENT 1 Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Costa Mesa for the purpose of amending Title 13 of the Municipal Code of the City of Costa Mesa. A statement of the reasons of the proposed action as contemplated in the petition is as follows: (a) Environmental quality in Costa Mesa, which directly affects the quality of life of its residents, workers and visitors, is significantly and adversely impacted by excessive development, which causes severe traffic congestion and gridlock, degradation of Costa Mesa's infrastructure, as well as air, noise and water pollution; (b) Costa Mesa's traffic circulation system is already oversaturated. Several intersections are operating at or near failure during peak traffic hours and are inadequate to support existing development; (c) Furthermore, these existing traffic and traffic circulation system conditions result in adverse effects on public safety, public health and our quality of life; (d) Increased population density and overall population have stressed Costa Mesa's parks and other public facilities and services resulting in adverse effects on public well-being; (e) The City of Costa Mesa's existing land use and development review and approval procedures do not carefully or accurately consider, nor adequately weigh, the adverse impacts to the local environment and quality of life caused by increased density and congestion resulting from major changes in allowable land use; (f) The standards by which the City of Costa Mesa evaluates major changes in allowable land use are ill-defined and inadequate to avoid or effectively mitigate the adverse effects of those changes; and (g) The People of Costa Mesa, whose quality of life and property rights are at stake, should have the power to decide whether a proposed Major Change in Allowable Land Use, is worth the added congestion and density it will cause, after careful, independent evaluation by the City of Costa Mesa of the adverse environmental effects of Major Changes in Allowable Land Use, based on clear and consistently applied standards. We, the undersigned Proponents of the proposed Initiative and registered voters of the City of Costa Mesa, do hereby submit the above Notice of Intent to Circulate petition: Richard Huffman Date: Date: �+ /� % ✓ 5 Date: INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS "An Initiative to give the People of Costa Mesa control of their future." To the City Council of the City of Costa Mesa: We, the undersigned, registered and qualified voters of the State of California, residents of the City of Costa Mesa, pursuant to Section 3 of Ordinance XI of the California Constitution and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code, present to the City Council of the City of Costa Mesa this petition and request that the following proposed ordinance be submitted to the registered and qualified voters of the City of Costa Mesa for their adoption or rejection at an election on a date to be determined by the Costa Mesa City Council. We further request the Costa Mesa City Council place this amendment on the ballot pursuant to the California State Election Code 9200-9226. The proposed amendment reads as follows: The people of the Costa Mesa find that: (a) Environmental quality in Costa Mesa, which directly affects the quality of life of its residents, workers and visitors, is significantly and adversely impacted by excessive development, which causes severe traffic congestion and gridlock, degradation of Costa Mesa's infrastructure, as well as air, noise and water pollution; (b) Costa Mesa's traffic circulation system is already oversaturated. Several intersections are operating at or near failure during peak traffic hours and are inadequate to support existing development; (c) Furthermore, these existing traffic and traffic circulation system conditions result in adverse effects on public safety, public health and our quality of life; (d) Increased population density and overall population have stressed Costa Mesa's parks and other public facilities and services resulting in adverse effects on public well-being; (e) The City of Costa Mesa's existing land use and development review and approval procedures do not carefully or accurately consider, nor adequately weigh, the adverse impacts to the local environment and quality of life caused by increased density and congestion resulting from major changes in allowable land use; (f) The standards by which the City of Costa Mesa evaluates major changes in allowable land use are ill-defined and inadequate to avoid or effectively mitigate the adverse effects of those changes; and page 1 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 (g) The People of Costa Mesa, whose quality of life and property rights are at stake, should have the power to decide whether a proposed Major Change in Allowable Land Use, as defined below, is worth the added congestion and density it will cause, after careful, independent evaluation by the City of Costa Mesa of the adverse environmental effects of Major Changes in Allowable Land Use, based on clear and consistently applied standards. NOW, THEREFORE, THE PEOPLE OF THE CITY OF COSTA MESA DO ORDAIN AS FOLLOWS: See._L Code Amendment. This ordinance amends the Costa Mesa Municipal Code as follows and supersedes any provisions that are inconsistent with this ordinance and shall be known as "Ordinance to give the people of Costa Mesa control of their future". Sec. -2. Purpose. It is the purpose of this ordinance to: (a) Give the voters of Costa Mesa the power to determine whether Costa Mesa should allow Major Changes in Allowable Land Use, as defined below, by requiring voter approval of any such proposed change and thereby ensuring maximum public participation in major land use and zoning changes proposed in Costa Mesa; (b) Ensure that the voters of Costa Mesa receive all necessary and accurate environmental information on proposals for Major Changes in Allowable Land Use, so that they shall intelligently vote on any such proposal; (c) Ensure that Costa Mesa officials provide timely, accurate and unbiased environmental review of all proposals for Major Changes in Allowable Land Use, so that they may minimize or mitigate their adverse traffic and land use impacts and maximize neighborhood compatibility before the voters decide on any such change; (d) Ensure that all elements of the land use change approved by the voters are implemented; and (e) Protect the public health, safety and welfare, and the quality of life, for all persons living or working or visiting in Costa Mesa. Sec. 3. Definitions. The definitions set forth in this section apply to the provisions of this ordinance only and do not page 2 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 affect any other provision of law. (a) "As -Built Condition" means the dwelling units, office and other nonresidential units, buildings and baseline traffic conditions existing at the time Costa Mesa issues the notice of preparation of an environmental impact report for the Major Change in Allowable Land Use, or, where no such notice is issued, on the date the application for the Major Change in Allowable Land Use is deemed complete. Illegal dwellings and other conditions that exist in violation of Costa Mesa's zoning ordinance and are subject to Costa Mesa's power of abatement, shall not be accounted for in the As -Built Condition for the purpose of determining a "Significant Increase," as defined in subdivision (h) below. (b) "Average Daily Trips" means the number of vehicle trips that a Major Change in Allowable Land Use would generate on a daily basis. Trips generated shall be calculated by using the most recent version of the Trip Generation Manual of the Institute of Transportation Engineers ("ITE") in effect on the date the City of Costa Mesa issues the notice of preparation of an environmental impact report for a Major Change in Allowable Land Use or, where no such notice is issued, on the date the application for the Major Change in Allowable Land Use is deemed complete. Further, a Daily Trip is a motor vehicle either leaving or arriving at said property during a given day. Also, for purposes of counting trips, any vehicle with a Gross Vehicle Weight Rating (GV WR) greater than 6,000 (six thousand) pounds, shall be counted as generating two (2) trips for every trip attributed to this sized vehicle. (c) "General Plan" means the General Plan of the City of Costa Mesa in effect as of the effective date of this ordinance, or as may be amended pursuant to this ordinance. (d) "Intersection Capacity Utilization" or "ICU" means a quantitative measure of traffic flow of an intersection that includes critical turning movement volume/capacity (v/c) ratios. ICU is related to Level of Service (below) and augments the determination of LOS. An ICU of "1.00" is indicative of an intersection that is at maximum capacity. (e) "Level of Service" or "LOS" means a scale that measures the amount of traffic that a roadway or intersection can accommodate, based on the ICU of the intersection and such factors as maneuverability, driver dissatisfaction, and delay. (f) "Major Change in Allowable Land Use" means any proposed amendment, change, or replacement of the General Plan, or of Costa Mesa's zoning ordinance (as defined and contained in Title 13, of the Costa Mesa Municipal Code) or any Specific Plan or Overlay Plan or adoption of a new Specific Plan or Overlay Plan meeting any one or more of the following conditions: page 3 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 (1) The proposed change in allowable land use would significantly increase traffic, density or intensity of use above the As -Built condition, as defined in (k), in the neighborhood where the major change is proposed. (2) The proposed change in allowable land use would change a public use to a private use. A Major Change in Allowable Land Use in this category shall include a change of use on: (i) land designated for a public use or a public right-of-way; provided, however, that the abandonment of a public right of way that is no longer needed, in conformity to the procedural requirements of the Government Code of the State of California, Section 65402 and the Municipal Code of the City of Costa Mesa, shall not be subject to voter approval. (3) land designated as utility right-of-way; (4) land donated, bequeathed or otherwise granted to Costa Mesa; (5) land used or designated for Costa Mesa school property; or (6) land owned, controlled or managed by Costa Mesa; (g) "Minor Change in Allowable Land Use" means any change in land use that does not meet or exceed the changes as defined in Major Change in Allowable Land Use, as defined in (f). (h) "Municipal Code" or "Costa Mesa Municipal Code" means the Municipal Code of the City of Costa Mesa. (i) "Overlay Plan" or "Overlay Zone" mean the same and refer to any zoning code plan covering a currently zoned area of the city that allows a land owner to change from that zone to another to further develop that owner's property. Said Overlay Zone would include certain restrictions or incentives to increase the likelihood of a property owner's desire to develop their property affected by the Overlay Zone. (j) "Proponent" means any individual, firm, association, syndicate, partnership, limited liability company, limited liability partnership, corporation, trust or any other legal entity applying to Costa Mesa for a change in allowable land use. If Costa Mesa itself initiates the change, it shall be deemed the Proponent for the purposes of this ordinance. page 4 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 (k) "Significantly Increase" or "Significant Increase" means any one or more of the following increases over or changes compared to the As -Built Condition: (1) The traffic generated by the proposal: (i) would generate more than 200 additional Average Daily Trip ends; or (ii) would increase the V/C ratio of the intersection operating condition in one of the following ways: a. would increase the V/C ratio to equal to or greater than 0.040 such that after implementation of the major change the LOS would be C or worse; b. would increase the V/C ratio increase to equal to or greater than 0.020 such that after implementation of the major change the LOS would be D or worse; or c. would increase the V/C ratio to equal to or greater than 0.010 such that after implementation of the major change the LOS would be E or F or ICU of 0.9 or higher; or (iii) any increase in ICU at any Costa Mesa intersection from less than 0.9 to 0.9 or higher; or any change in LOS at any intersection or on any corridor from better than "D" to "D" or worse. (2) For purposes of determining traffic increases attributable to a Major Change in Allowable Land Use, baseline and projected ICU and LOS conditions shall be determined considering weekday peak hour conditions at such time of the year when local public schools are in session. (3) The density increase generated by the proposal produces more than forty (40) additional residential dwelling units than As -Built conditions. (4) The intensity of use generated by the project produces more than ten thousand (10,000) additional square feet of retail, office or other nonresidential floor area than As -Built conditions. (5) The voters declare that dividing a Major Change in Allowable Land Use, that would otherwise require their approval, into partial changes that would not by themselves require their approval obviates their intent to have control over major changes in allowable land use and is contrary to the purposes of this ordinance. For the purposes of this ordinance, a "significant increase" occurs if the combination of a proposed minor change in allowable land use with one or more other minor or major changes in allowable land use within a half mile which were approved within eight (8) years preceding issuance of the notice of page 5 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 preparation of an environmental impact report or other environmental review document for the proposed minor change, or, where no such notice is issued, within eight (8) years preceding commencement of the City's environmental analysis for the proposed minor change, meets any increase or change threshold for traffic, density or intensity of use defined in this ordinance. (1) "Specific Plan" means any existing Specific Plan in effect as of January 1, 2015 or any Specific Plans as may be amended pursuant to this ordinance or any new Specific Plans which shall be approved by both the Costa Mesa City Council as well as the voters of Costa Mesa pursuant to this ordinance. Sec. 4. Effective date; Applicability. (a) This ordinance shall be binding and effective as of the earliest date allowed by law (the "Effective Date"). At its first public meeting following completion of the canvass of votes, the Costa Mesa City Council shall pass the resolution required by Elections Code Section 9266. The following day, the elections official of Costa Mesa shall cause a copy of the complete text of the adopted measure to be filed with the Secretary of State pursuant to Government Code Sections 34459 and 34460. (b) Pursuant to Elections Code Section 9205, all Major Changes in Allowable Land Use approved by the Costa Mesa City Council on or after the date of publication of the notice of intention to circulate the initiative petition adding this ordinance to the City Municipal Code, shall be subject to the provisions of this ordinance. Sec. -5. Vote of the Costa Mesa Electorate on a Major Change in an Allowable Land Use. (a) Each Major Change in Allowable Land Use shall be put to a vote of the Costa Mesa electorate; provided, however, that no such change shall be submitted to the Costa Mesa electorate unless the Costa Mesa City Council has first approved the change pursuant to all state and local laws applicable to approval of land use changes by the legislative body. A Major Change in Allowable Land Use shall become effective only after approval by the Costa Mesa City Council and a majority of the Costa Mesa Electorate voting "YES" on a ballot measure proposing such change at either a regular or special municipal election. An advisory election does not satisfy the voter approval requirement. (b) The sample ballot materials mailed to the registered voters of Costa Mesa prior to an election shall describe any Major Change in Allowable Land Use in a manner that clearly discloses both the scope and main features of the proposal (including any and all phases) that the Major Change in Allowable Land Use consists of or depends on, and the location and the acreage of the project site. The description shall include the page 6 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 text of any proposed amendment to the General Plan, to Costa Mesa's zoning ordinance or of any proposed adoption or repeal of, or amendment to, a Specific Plan. The description shall clearly compare the proposal and its traffic impacts both to the As -Built Condition and to existing applicable land use designations and zoning classifications, providing accurate comparative data concerning existing as well as proposed densities (in units per acre) and intensities of use (in square footage, types of use and traffic impacts). If a site-specific development is proposed in connection with a Major Change in Allowable Land Use, and existing densities or intensities of use in such site-specific development are less than the densities or intensities the Major Change in Allowable Land use proposes, the text of the ballot shall clearly disclose the maximum total residential, commercial, industrial or other nonresidential build -out potential, and traffic impacts under build -out, compared to the As -Built Condition. Easily readable maps shall be used to assist the voters in the proposal description. All of the information called for by this subdivision shall be posted on Costa Mesa's website no later than ten (10) days prior to the Costa Mesa City Council's action on a Major Change in Allowable Land Use, and such information shall be updated no later than two business days following the Costa Mesa City Council's action. (c) For all Major Changes in Allowable Land Use approved by the Costa Mesa City Council on or after the effective date of this ordinance, the resulting election required by this ordinance shall be set for the first regular municipal election following City Council approval of the Major Change in Allowable Land Use; or, by mutual agreement with the Proponent, the Costa Mesa City Council may call a special municipal election, with the cost of the special election borne solely by the Proponent. (d) The popular vote required by this ordinance shall be in addition to all other applicable review and approval requirements for such Major Change in Allowable Land Use, including environmental review in compliance with the California Environmental Quality Act ("CEQA"). (e) All subsequent City permits and approvals necessary to implement all or part of a Major Change in Allowable Land Use shall conform to the voter -approved change. Under no circumstances shall any subsequent permit or approval authorize, allow or otherwise accommodate higher densities, intensities of use, or trip generation than the densities, intensities and trip generation approved by the Costa Mesa City Council and the voters. (f) No certificate of occupancy for any structure built as part of a proposal that depends on a Major Change in Allowable Land Use shall be issued rmtil: (1) All mitigations of traffic impacts, including control signals, increases in right- of-way capacity via widening roads, or other right-of-way or intersection improvements, as may be required by the Costa Mesa City Council, have been page 7 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 developed and implemented, and the City Engineer has certified completion and operation of all traffic impact mitigations in full compliance with the Costa Mesa City Council's approval action; or (2) Costa Mesa has received payment of the then current trip fees and a fully enforceable agreement between Costa Mesa and the Proponent specifying any other considerations to implement the appropriate mitigation measures. (g) Except as provided in Section 6, Paragraph (b) below, any permits or approvals issued without voter approval, where such voter approval is required under this ordinance, shall be null and void. Sec. -6. Application for Major Change in Allowable Land Use; City Review. (a) To carry out the purposes of this ordinance, any application for a Major Change in Allowable Land Use shall contain accurate and up-to-date factual data and information, and the subsequent written City review shall include the following (in addition to all other disclosures required under CEQA and Title 13 of the Costa Mesa Municipal Code): (1) The information required by Section 5, subdivision (b), above; (2) A site plan or diagram, drawn to scale for any site specific amendment; (3) A complete, objective discussion of the potential inconsistencies between the proposal that consists of, or depends on, the Major Change in Allowable Land Use, and: (i) surrounding uses in the neighborhood; (ii) the General Plan; (iii) the City's zoning and subdivision ordinances; and (iv) any applicable Specific Plan or Overlay Plan. (4) To the extent the proposal differs from existing uses, a Rill description of the mitigations necessary or recommended for adoption to minimize neighborhood impacts and incompatibility shall be provided. (b) A complete, objective analysis of the traffic circulation and traffic safety impacts of the proposal that consists of, or depends on, the Major Change in Allowable Land Use. The traffic analysis shall be prepared directly by, or under direct contract to, the City, page 8 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 and shall make accurate determinations for the purposes of Section 3, subdivision (b)(1), above. ICU and LOS impact analysis shall be provided for all corridors and intersections subject to any significant impacts due to the Major Change in Allowable Land Use. LOS analyses shall use current best practices described in the current Highway Capacity Manual published by the Transportation Research Board, a division of the National Research Council. The traffic analysis shall adequately disclose the direct, the indirect or secondary, and the cumulative impacts of the proposal accounting for all relevant factors, such as proportion of heavy weight vehicular traffic, bus stops, intersection and corridor oversaturation (downstream traffic queuing impacts), pedestrian traffic, side street and driveway entrances and exits, ingress stacking and overflowing, and turn lane queuing and overflow. The traffic analysis also shall identify the mitigations necessary or recommended to reduce the traffic impacts to an ICU below 0.90 or LOS D or better for the corridors and intersections subject to this analysis. The location, nature and adverse construction -phase impacts of the traffic impact mitigations shall be clearly described. (c) To reduce delay for Proponents, the City's decision-making bodies may review and conditionally approve discretionary permit applications required for a proposal prior to the Costa Mesa electorate's vote on a Major Change in Allowable Land Use on which such proposal depends; provided, however, that no conditional permit approval will become effective unless the related Major Change in Allowable Land Use is passed by the voters and has itself become effective. If the related Major Change in Allowable Land Use is rejected by the voters, such change and all conditional permits shall have no force and effect. Sec. -7. Exceptions. (a) This ordinance shall not apply to any Major Change in Allowable Land Use that is limited to allowing the development of a public school or a hospital. (b) This ordinance shall not preclude completion of a site-specific development that depends on a Major Change in Allowable Land Use approved before the effective date of this ordinance, if before such date, the holder of any permit or other entitlement for use for such development has lawfully and in -good faith acquired a vested right, under state law, to carry out the development to completion. (c) The provisions of this ordinance shall not apply to the extent that they would violate state or federal laws. (d) This ordinance shall not be applied in a manner that would result in an unconstitutional taking of private property. page 9 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 (e) This ordinance shall not apply to affordable housing proposals required by state or federal law. (f) This ordinance shall not apply to any Major Change in Allowable Land Use of property with legal non -conforming residential units that were occupied on the date of publication, pursuant to Elections Code Section 9205, of the notice of intention to circulate the initiative petition adding this ordinance to the Municipal Code, so long as the proposed change in allowable land use meets all the following conditions: (1) the existing residential units are rendered conforming under the proposed change; (2) the proposed change does not allow an increase in the number of residential units on the property; (3) the proposed change does not create a Significant Increase in traffic or intensity of use; and (4) the proposed change does not create a reduction in open space or in any set back. sec.—S. Relationship to Municipal Code. If any provision of this ordinance conflicts with other provisions contained in the Costa Mesa Municipal Code, the provisions of this ordinance shall supersede any other conflicting provision. Sec. -9. Amendments. No provision of this ordinance may be amended or repealed except by a vote of the people of Costa Mesa. Sec. 10. Judicial Enforcement. Any aggrieved person shall have the right to bring an action to enjoin any violation of this ordinance or to enforce the duties imposed on Costa Mesa by this ordinance. Sec. Il. Construction. This ordinance shall be liberally construed to accomplish its purposes. Nothing herein shall be construed to make illegal any lawful use being made of any land in accordance with City land use and zoning regulations in force before the effective date of this ordinance. Sec. -12. Consistency with Other Ballot Measures. If another ballot measure is placed on the same ballot as this measure and deals with the same subject matter, and if both measures pass, the voters intend that both measures shall be put into page 10 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 effect, except to the extent that specific provisions of the measures are in direct conflict. In the event of a direct conflict, the measure which obtained more votes will control as to the directly conflicting provisions only. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Sec. -13. Severability. If any section, subdivision, clause, sentence, phrase or portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining sections, subdivisions, clauses, sentences, phrases and portions shall remain valid and enforceable. The voters declare that they would have passed all sections, subdivisions, clauses, sentences, phrases and portions of this ordinance without the section, subdivision, clause, sentence, phrase or portion declared invalid by a court of competent jurisdiction. page 11 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 N o LLI L:1 -� cn CJ N UJ i CJ page 11 Initiative to give the People Of Costa Mesa control of their future --FINAL 6/29/2015 FAII I ff@i ON I M I =I -L k dVA AN INITIATIVE TO REQUIRE VOTER APPROVAL ON CERTAIN DEVELOPMENT PROJECTS The initiative would amend the City of Costa Mesa Municipal Code to require voter approval on certain development projects that meet the following criteria: 1. The proposed project would require adoption, amendment, change or replacement of the Costa Mesa General Plan ("General Plan"), municipal code, specific plan, or overlay plan; AND 2. The proposed project meets a minimum of one of the following: A. Would involve any one of the following changes: i. Generate more than 200 additional Average Daily Trips, ii. Increase the volume/capacity of an intersection based on a specified formula, iii. Change the Intersection Capacity Utilization or level of service based on a specified formula, iv. Add 40 or more dwelling units, V. Add 10,000 square feet of retail, office or other nonresidential, or vi. The proposed project, combined with other projects, within 8 years and a half -mile of each other, meets this criteria; B. Changes a public use to a private use under specified circumstances; C. Involves land designated as utility right-of-way under specified circumstances,- D. ircumstances;D. Involves land donated, bequeathed or otherwise granted to Costa Mesa; E. Involves land used or designated for Costa Mesa school property; or F. Involves land owned, controlled or managed by Costa Mesa. According to the initiative, an application submitted by a proponent of a development project that is subject to voter approval must provide a site plan with the location, size and main features of the project; the text proposed for the General Plan, municipal code, specific plan or overlay plan; comparisons of traffic, density and intensity; potential inconsistencies between the development project and the surrounding uses in the neighborhood, General Plan, municipal code, and applicable specific plan or overlay plan; and traffic circulation and traffic safety impacts. Any development project subject to the initiative and adopted by the City Council would not take effect until approved by a majority of the Costa Mesa electorate at the first regular municipal election. However, the development project may be submitted to voters at a special municipal election if, by mutual agreement with the City Council, the proponent agrees to pay the cost of the special municipal election. The initiative requires specific information within the sample ballot including the information provided in the application. The initiative would allow the City to conditionally approve discretionary permits related to the development project prior to receiving voter approval. Voter approval would not be required on development projects for a public school or hospital; projects approved before the initiative's effective date; affordable housing projects; occupied legal non -conforming residential units under certain circumstances; where voter approval would result in an unconstitutional taking of private property; or where voter approval violates state or federal law. The initiative would supersede any inconsistent provisions of the Costa Mesa Municipal Code and apply to all development projects initiated on or after the date of publication of the Notice of Intent to Circulate Petition. It ma CERTIFICATE AS TO VERIFICATION'' OF SIGNATURES ON PETITION State of California) )ss. County of Orange I, Neal Kelley, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the petition submitted to the City of Costa Mesa entitled "An Initiative To Require Voter Approval On Certain Development Projects", further certify that from said examination i have determined the following facts regarding this document: Number of signatures filed: 6,924 Number of signatures required: 4,995 Number of signatures verified: 6,102 Number of signatures found valid: 5,033 Number of signatures found invalid: 11069 Invalid because of Duplicate: 200 WITNESS my hand and Official Seal this 17th Day of February, 2016. HEAL KELLEY Registrar of Voters Orange County KEYSER MARSTON ASSOCIATES ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT LOS ANGELES March 9, 2016 ADVISORS IN: Keyser Marston Associates, Inc. (KMA) is please to submit the following proposal to Real Estate provide consulting services to the City of Costa Mesa (City). Specifically, KMA is Redevelopment Brenda Green Affordable Housing proposing to prepare a report in compliance with California Election Code Section 9212 Economic Development City Clerk SAN FRANCISCO City of Costa Mesa A. Jerry Keyser 77 Fair Avenue Timothy C. Kelly The following proposal is organized as follows: Kate Earle Funk Costa Mesa, California 92628-1200 Debbie M. Kern Reed T. Kawahara David Doezema Dear Brenda: LOS ANGELES Kathleen H. Head Keyser Marston Associates, Inc. (KMA) is please to submit the following proposal to James A. Rabe provide consulting services to the City of Costa Mesa (City). Specifically, KMA is Gregory D. Soo -Hoo Kevin E. Engstrom proposing to prepare a report in compliance with California Election Code Section 9212 Julie L. Ramey related to "An Initiative To Require Voter Approval On Certain Development Projects' SAN DIEGO (Initiative). Paul C. Marra The following proposal is organized as follows: 1. The Initiative issues KMA proposes to analyze are summarized; 2. The proposed scope of services is described; and 3. The proposed budget and timing for the engagement are identified. SALIENT ISSUES TO BE ANALYZED The Initiative applies to any project involving an amendment, change, or replacement of the General Plan, the Zoning Code, any Specific Plan or Overlay Plan, or adoption of a new Specific Plan or Overlay Plan that meets any one of the following criteria: 1. Generates more than 200 additional daily trips; 2. Increases the volume/capacity of an intersection based on a specified formula; 3. Changes the intersection capacity utilization or level of service based on a specified formula; 500 SOUTH GRAND AVENUE, SUITE 1480 �- LOS ANGELES, CALIFORNIA 90071 i PHONE 213.622.8095 W Ww.KEYSERMARSTON.COM 1603001.KMA:KHH 99900.900 Brenda Green, City Clerk March 9, 2016 City of Costa Mesa Page 2 4. Adds 40 or more dwelling units; 5. Adds 10,000 square feet of retail, office or other non-residential; or 6. The proposed project, combined with other projects, within eight years and 1/2 mile of each other meets the above threshold levels; and 7. The Initiative may apply to projects that: a. Change a public use to a private use under specified circumstances; b. Involve land designated as utility right-of-way under specified circumstances; C. Involve land donated, bequeathed or otherwise granted to Costa Mesa; d. Involve land used or designated for Costa Mesa school property; or e. Involve land owned, controlled or managed by Costa Mesa. The City is currently in the process of amending the General Plan. At full build out, this amendment is projected to result in the development of over 9,400 residential units, 1.28 million square feet of retail space, 1.0 million square feet of office space and 200 hotel rooms. The new development is anticipated to occur on sites that are currently underutilized and/or create a blighting influence on the surrounding community. The City has concluded that the implementation of the amended General Plan will require properties to be rezoned and/or modifications to existing Specific Plans, and that these implementing actions will trigger the Initiative requirements. The potential impact this will have on the implementation of the amended General Plan is the focus of the proposed KMA analysis. PROPOSED SCOPE OF SERVICES California Election Code Section 9212 provides the City with the right to obtain a report that evaluates the impacts that could potentially be generated by the Initiative. Within that context, KMA proposes to undertake the following scope of services: 1. A review of the available literature pertaining to the impacts growth control initiatives have had on development activity; 2. An assessment of the potential to attract the development scopes identified for the amended General Plan "Focus Areas"; 1603001.KMA:KHH 99900.900 Brenda Green, City Clerk March 9, 2016 City of Costa Mesa Page 3 3. An evaluation of the potential for underutilized properties to be recycled and for blighting influences to be replaced with new development allowed by the amended General Plan; and 4. An assessment of the impact on the City's General Fund. The KMA analysis will be presented in the form of a memorandum and accompanying financial analysis tables. It is important to note that the analysis will be predicated on a variety of assumptions. Actual development will vary from these assumptions based on the characteristics of the each development site. In addition, the timing of development will influence the projects' costs and revenues. As such, the KMA analyses should only be used to provide order -of -magnitude estimates of the impacts created by the Initiative. TIMING / BUDGET KMA will complete the proposed scope of services by March 31, 2015. KMA proposes to undertake the proposed scope of services on a time -billed basis with a not -to -exceed budget of $15,000. This budget includes KMA participation at two City Council meetings. Additional services related to this engagement, and not specifically described herein, including additional in-person meetings, may be requested by the City's Project Manager. These additional services will be requested by the City in writing, with written concurrence between the City and KMA regarding the scope, deliverables and budget. The KMA billing rates for the staff members that will be assigned to this engagement are presented in the following table: Managing Principals $280.00 Senior Principals $270.00 Managers $225.00 Senior Analysts $150.00 Administrative Staff $80.00 1603001.KMA:KHH 99900.900 Brenda Green, City Clerk City of Costa Mesa March 9, 2016 Page 4 KMA appreciates the opportunity to submit this proposal. If the proposal can be modified to be more responsive to your needs, please do not hesitate to call me. Sincerely, Keyser Marston Associates, Inc. --- �--tom. Kathleen Head 1603001.KMA:KHH 99900900