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HomeMy WebLinkAbout- - Measure C Results - 7/20/2010CITY COUNCIL AGENDA REPORT MEETING DATE: July 20, 2010 ITEM NUMBER: VI-7 SUBJECT: Election Results of the Special Municipal Election held on June 8, 2010 DATE: July 12, 2010 FROM: City Clerk's Office PRESENTATION BY: Julie Folcik, City Clerk FOR FURTHER INFORMATION CONTACT: Julie Folcik, (714) 754-5221 RECOMMENDATION: Adopt Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON JULY 8, 2010; DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. BACKGROUND: As authorized by Resolution No. 10-15, a Special Municipal Election was called for consideration by the voters of Measure C which.asked the following question: Should an ordinance be adopted confirming the General Plan Y Designation for the Orange County Fair and Event Center. as E it is set forth in the General Plan as amended by GP-09-01 S which amended the fairground land use designation in the Land Use Element of the 2000 General Plan to describe and maintain current fair and event uses on the site and requiring N that further amendment be made only upon majority vote of O the electorate. The Special Municipal Election was consolidated with the Statewide Primary Election and conducted by the Orange County Registrar of Voters, who provided such services that included, in part, the printing of the sample ballots, coordinating of the precinct boards and polling locations, issuing of absentee ballots, processing and counting of the returned ballots, absentee and provisional ballots. The results of that election were certified by the Board of Supervisors on June 21, 2010 and their certification of the results and Statement of Votes are attached as "Exhibit A" to the resolution. ANALYSIS: The total voter registration in Costa Mesa is 56,717 voters. The number of votes cast in early voting and through vote -by -mail ballots was 8,838 and the total number of votes cast at .the precinct locations on Election Day was 7,095. Therefore the total of the votes cast for Measure C in the June 8, 2010 Special Municipal Election was 15,933 votes or that of a 28.09 percent voter turnout. The final results of the votes cast for Measure reflect that 13,000 were in support of Measure C and 1,829 did not support the measure. As a result of Measure C passing Ordinance No. 10-9 is attached as approved by the voters at the special election. ALTERNATIVES CONSIDERED: No alternatives have been considered, as it is a State Code requirement that the results, certified by the Board of the Supervisors, also be certified by the City Council. FISCAL REVIEW: No fiscal review was required for the declaration of results. LEGAL REVIEW: Legal has reviewed the resolution and approved it as to form. CONCLUSION: The election was held and conducted as required by law and the results have been determined. It is requested that the City Council adopt the attached resolution certifying the results of the special election. 9LZAEFO ICK ALLAN ROEDEjk- City Clerk City Manager DISTRIBUTION: City Council City Manager Asst. City Manager City Attorney ATTACHMENTS: 1 Resolution Declaring the Results of the Special Municipal Election Held June 8, 2010 2 Ordinance No. 10-9 — Measure C Election Results Resolution for June July 12, 2010 2010 6:00 P.M. 2 Attachment 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 8, 2010; DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. WHEREAS, a Special Municipal Election was held and conducted in the City of Costa Mesa, California, on Tuesday, June 8, 2010, as required by law; and WHEREAS, notice of the election was given in the 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 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 for holding elections in general law cities; and WHEREAS, pursuant to Resolution No. 10-14, adopted February 16, 2010, the election was consolidated with ,the Statewide Primary Election; the Registrar of Voters of the County of Orange canvassed the returns of the election, certified the results to this City Council, and the results are received, attached, and made a part hereof as Exhibit is NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Attachment 1 SECTION 1. That the whole number of ballots cast in the precincts, except absent voter ballots was 7,095; that the whole number of vote -by -mail ballots cast in the City was 8,838; making a total of15,933 ballots cast in the City. SECTION 2. That the following question for Measure C was considered by the electorate: Should an ordinance be adopted confirming the y General Plan Designation for the Orange County Fair E and Event Center as it is set forth in the General Plan as amended by GP-09-01 which amended the S fairground land use designation in the Land. Use Element of the 2000 General Plan to describe and maintain current fair and event uses on the site and N requiring that further amendment be made only upon 0 majority vote of the electorate. - - SECTION 3. That the number of votes given at -each precinct, and the number of votes given through vote -by -mail, in the City, to Measure C is as listed in Exhibit "A" attached hereto. SECTION 4. The City Council does hereby declare and determine that Measure C is hereby approved and Ordinance 10-9 thereby adopted. SECTION 5. The City Clerk shall enter into the records of the City Council of the City, a statement of the result of the election showing: Attachment 1 (1) The whole number of ballots cast in the City; (2) The Measure voted for; (3) The number of votes given at each precinct; and (5) The total number of votes given in support of the measure and that of against the measure. SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED this 20th day of July, 2010. ATTEST: City Clerk of the City of Costa Mesa Mayor of the City of Costa Mesa APPROVED AS TO. FORM City Attorney i Attachment 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 20t" day of July, 2010, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this day of December, 2010. JULIE FOLCIK, CITY CLERK (SEAL) CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE STATEWIDE DIRECT PRIMARY ELECTION RETURNS STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I, Neal Kelley, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of the election listed below, consolidated with the Statewide Direct Primary Election held on June 8, 2010. CITY OF COSTA MESA MEASURE C YES 13,000 NO 1,829 PRECINCT BALLOTS CAST: 7,095 VOTE -BY -MAIL BALLOTS CAST: 8,838 TOTAL BALLOTS CAST: 15,933 I hereby certify that the numbers of votes cast for the measure is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 21st day of June, 2010. NEAL KELL Registrar of Orange C Orange County Statement of Votes Page 4516 of 4623 C-General Plan Designation of Orange County Fair and Event Center 0 r_ (D .2 LU .0 tM M 0 LL E M EL 0 M 0 F: 0) c c IL I IL M 0) 0 0 0 Z0 I z0 0 >_ I I ; �264 L111,11,11-- 1- , IM �� I 10 , �11 , 0052004 1056 315 29.83% 37 252 0052006 1081 259 23.96% 29 212 0052007 1151 313 27.19% 37 264 0062'61,01 TUE W N SIN ��,�','846, 7 M, o, c T17-15 MI �3 IM 11 -0 m ®R IM I 10 1 `06 �TTN,64 M NEW L. 0052013 1086 366 33.70% 42 295 0052014 875 256 29.26% 29 205 0052016 833 138 16.57% 17 112 0052020N,��,,,i 058, 5 372 11,,,,K,�:�,MZCKI, :34.22, 0 ol I � LIME w 4"'m a—M-6- R", X ��666111 _M 7, M LI�Z:I_M MRIM 0052024 519 97 18.69% 18 72 0052026 831 222 26.71% 30 175 0052027 76 28 36.84% 2 25 ryWE"i 00'5202&,'A 1171s '�926 VI!, �ff� "Ill "A 20 8P/, g7w—g-p OX g.�,T,,, `49! �i Cjx204' N� % l�, ANIII „el a fix. RIM .... ... . .. �`,,TAii 'Jim, K; IMM 0052033 864 205 23.73% 19 175 0052034 778 201 25.84% 27 154 0052035 772 271 35.10% 28 224 00,5 M.- 0092042 615 212 34.47% 23 174 0052043 835 273 32.69% 34 217 0052045 956 315 32.95% 32 268 0 47 . ... . . ..... ;�,!:?Q • ofFIN . ... .. y%EMEIRT NQ,�, Uw" M7,rrc T "M Avg IM E 7� Yfi 177� g MAN �gg �Y �2, 4 Z 63 1 27,1 MN �A 11 '25' 1R, M,11,iN , I 2 k R= 0052049 66 15 22.73% 0 13 0052051 847 344 40.61% 42 274 0052053 726 334 46.01% 29 287 bb-5­ 2054%Y, 397� A8 7 77 �vl;,�320 7 _!Mn 7 17� 0052056 g 228 �`24 i 11� �'20 ke L i� 2 _21�_; 0052061 1069 124 11.60% 18 96 0052131 721 268 37.17% 28 221 0052132 848 265 31.25% 35 207 K T3 Y T 77�,�71�3,, *MW M AA 0052177 729 168 23.05% 29 130 0052179 767 385 50.20% 28 333 0052180 811 ill 12*115% 0 9 0052181 751 2 7777 51, 0062182 1037 LL Orange County Statement of Votes Page 4517 of4523 o r- c � 0 w 2 '� b a a t e tM A d im IL A E N t9 0 N c =° c a) m M += a G7 L IL ` 10 a IC m L M C7 L9 C L d U O c) C O z O z N y >- 0�052183;"" 68 E,tll s 246 358&°::R24 I:gg,,' e��, :M 0052184 1127 273 24.22% 45 214 0052186 857 295 34.42% 32 238 0052188 474 `60 94 1 19.83% 10 72 ' 005�2192 ��1 �22 81. �8, r' 1�9 99 135 0052196 867 168 19.38% 20 0052197 713 274 38.43% 32 223 0052198 Or'Ot52200 y�' �iCS'N4bt 0052264 730 dry t 4Trv$ 363 �i`�{k.(t inf ui� 49.73% �C#pj� i' r; 54 288 N •�,l�f'@i�ri . 9 C J k:M".19 0052208 675 109 16.15% 19 81 0052209 815 136 16.69% 16 109 0052210 1072 192 17.91% 30 153 Q05 �r�� s� i��a2�89F�,, 0©52213 az ° r �911� � b fi ��270 d$ t t. 29�6� ° � 4 /o � �r� " �� h �,d�� , .:, : �� � ,�,, � 34� � 7 �' 'S,' j � 229 ��= �i k$ x �f�i+,]ai�kblflb'3I 00522,n9 °:��'''"�436�' �1+��J��'v:�i�' it���"waw`Lxi. �r �,�,'"IaQi 8 '� � �°. :',� i'1C�hld�it a27%���''���.^���� x�au:+ �.i t �.;in,�a��:4Jtd ��'� u��� a� � :6<<d '��ddx5', ti �d `� 1 •�" , ,,: i ^.v�'°..�cim�. ry"i. �..��un 0052224 1162 176 15.15% 25 118 0052225 808 287 35.52% 38 232 TlOtals. € 567 s 15933� 28 09% i Msk 'N��1829' 1,3000 R� ,mm i "on�'`'rsa l' �� Vote -by -Mail Totals Orange County Statement of Votes Page 4518 of4523 C-General Plan Designation of Orange County Fair and Event Center o c c O ul ' � �a a c e +`. N 0 m 'N O ❑ IL A E N aO N ai U o o m lYp T 'i = o ELm r'- C.) 0 0 z°I zo 0) 35th Senate District � 7�_i 567;1.7 r 883815T58 /o „ 932 7310 t s 7'3.,Q: a s x a�r , t' : 6th Con"`re`ssional�Dstnct , l 'i' rl' Ij p 567r1'7 �a<,C,.,kPr';:a ' '18838 15 58% �tl 932 7310 , . '� r' HIM 5th Judicial (Harbor Court) 56717 8838 15.58% 932 7310 68th Assembly District 56651 8838 15.60% 932 7310 70th Assembly District Coast Comrnum Colle e Distrlct�, tr „i g •+< a � � ,�,T��a, r�r �, ..� �,} t ,4'.r.Y {,�� ,,,,. � �a�l' 9le Coast Communr le 66 a. 5662$ t,,: i c ,�, a � �a 9, 0 ��," „!8838 " Cr n , � "s,,;:,�; 0.00% �tt1'S•61 Lo �>� r „-i ,�, s ;p� p*,k,, � "� '� `s �i,,�k MI ,,, M:,, ' r'�t' 3 4,I 0 ''�' �'� 932':' �St ,t,ra': 0 �°� �, 7310 i ","Fra,'„Eraa ,,,.; r�1 t. r:�,3 a,r � r_ )' ,U�,�u ,'ra§ I , � �,f'• �'1�..>� r- ` m� al , d , r >a a, zrPr s ,.,:,w::," sar.,:,,...i..a•, wk3. ..,;;L c-I 1,..,lrr,i,�''f§rl C,oast'Communr Colle99,e,rDrstnct TrusteeAre a i � ,,, :�i„w,U. + t.q,. a 29730 ,+ n ,, a .. ''':9a 4532 �, :.r ",•, i' � �.,,.rKu,ex:r'� t' `1524,% .rM r 4... a ,..,. P'„ „ `' .p�� ,x .y, aX ' , r „ � ,t:'r,�i' f 497, t, „_, ., . .+.,s,,,�ir It 371:+ r r�`'.„r '��r,: `� m:,, �' y :! I.. _. �t 'r ., ir, 6 r , z. Costa Mesa 56717 8838 15.58% 932 7310 Costa Mesa Sanitary District 50530 7826 15.49% 817 6495 County Board of Education Trustee Area 2 56519 8837 15.64% 932 7309 .,Board o Edueatro i '. Mesa Consollidatgd Water _ Mesa Consolidated Water District Division 1 4679 686 14.66% 77 549 Mesa Consolidated Water District Division 2 9597 1972 20.55% 210 1645 Mesa Consolidated Water District Division 3 12805 1842 14.39% 215 1499 „ ,. , T:1"h( (,:!2ft t"("i'^ McSalConsolydatedkWa!er Drstnct Dw sio Oil E. Mssa Consolidated UVater Drstnct4Drvrsron 5 td irc ., ! 7693 S�x, ', 10464;' 4` .. 4er. 1 . i..,,�, 1 d. 1129 p, "rr'., r F,1'S29 T� °, N O ff 14:68 /o u:..r „-.,,t.'„k ,,,,,am,,:,k r '" r 1461'0° 1. "*,Ta`.Gtiy^+ rs �,,aY . tr<G r.t } l . 1612" 9 �7:..4"7i' r, 987 f,t, a 49 k °° ., a r R p +a,r ..a}., i,r.,w, n , tr, °li° " � ,1, x,,, xl,.„ Y „. p f .„,,; ✓ 1 ,..Y. (. ; h r^ryr Muprcr al Watert,Drstrrct Of Oran a Count g. :l,.,,Y,^,,„ 56628 8838 1"561 /a a . N ,r l , , „ Jt l,� {°,. yw••'rG , axr , a-y'fi m r f�.,. . ,�_�:y _ ,_....:..,:"...k Municipal Water District of Orange County Div 52017 8145 15.66% 852 6743 Municipal Water District of Orange County Div 4611 693 15.03% 80 567 Newport -Mesa Unified School District 56628 8838 15.61% 932 7310 b rdbl,';,- "rt .New ort Mesa Unrfied,School,Drstnct S t , r Newport -Mesa Unified School District Trustee 7256 1102 15.19% 124 890 Newport -Mesa Unified School District Trustee 8692 1175 13.52% 131 949 Orange County 56717 8838 15.58% 932 7310 O"ran a Coun -..1 ..9 ., i.,, „ps p,i4YS Oran ef' ou'" WaterDistrictr:Drvrsron;7.,} g S,; 'I!, "� "',''` I,1,.F 5 t„P i�. d t „?o-t ,•bl 7r rw .+"j ,�it.=.,1+:, I.n s ss+ , ir,rndi i i...,. '•r, , , ,R16.., � Rancho Santiago Com unity CollegesDrstncf tris,,. +,r „ 89 la}y i . } '0 P" a +( 0'00°/ liar.";r'F ;i�,,i ,'g ", Rancho Santiago Community College District 89 0 0.00% 0 0 Santa Ana Unified School District 89 0 0.00% 0 0 State Board of Equalization (3rd District) 56717 8838 15.58% 932 7310 i i „1 „( r ���'A�r�.�i?,a ai�t J ,,c. �+, , 'T�, r �i _ r�� J,L life£., i th i .i , � �t1 �,n Y`� n ✓�,�`:. Totals ' 56717 883$ ,l „;h i, 932 's7" 7311,U,Ir,t' ,,'r, , ,.,1558°I° :„ rl 1. Grand Totals Orange County Statement of Votes Page 4519 of 4523 C-General Plan Designation of Orange County Fair and Event Center 0 C .2 Lu .0 (n ILL E CL Z 0 0 c rn y IL Mh Q 0 0 o IL 111 X 0 q� 0 0 U I RISE Z I Z go li,11821,9,,;,I�� pe HIM 0 35t 4„1829L M3 .4, �A M Mal HK -4 t 5th Judicial (Harbor Court) 56717 15933 28.09% 1829 13000 68th Assembly District 56651 15918 28.10% 1829 12987 70th Assembly District 66 15 22.73% 0 13 S, r p ni 19y 7 §2,2 `72,78 s m jii No. i"i me � � " q,,4 "s 1 01, 1.829 'i "I 9`9' 5 987�j 4�6 ,u Elm, 6 9 Costa Mesa 56717 15933 28.09% 1829 " _9_ 13000 Costa Mesa Sanitary District 50530 14090 27.88% 1604 11520 County Board of Education Trustee Area 2 56519 15871 28.08% 1824 12948 t 7, i.bf It l W,," `5 11,71,51151,,��ifi 6, ,,R�V,`,`,� j�637,47 F"P5,"d IMF lx� ME F7 I 2", IfflF, 4 Mesa Consolidated Water District Division 1 4679 1223 26.14% 152 974 Mesa Consolidated Water District Division 2 9597 3554 37.03% 412 2927 Mesa Consolidated Water District Division 3 12805 3275 25.58% 413 2616 riO ttaKDs N RII ET Riflid6teds "Tj fo 1101 1 1120 Municipal Water District of Orange County Div 52017 14652 28.17% 1694 11942 Municipal Water District of Orange County Div 4611 1270 27.54% 135 1049 Newport -Mesa Unified School District 56628 15922 28.12% 1829 12991 IN 8 Newport -Mesa Unified School District Trustee 7256 1970 27.15% 234 1582 Newport -Mesa Unified School District Trustee 8692 2027 23.32% 252 1621 Orange County 56717 15933 28.09% 1829 13000 W,17,71`1- X-:fl—,f,�')y,7,,7,� r pty r ",l 5933 �SF'25'0926T Ug" P*,13000 I MVJE�� Ra"nchoPag na K" Paz "RA... PRI12 Y 2 Rancho Santiago Community College District 89 11 12.36% 0 9 Santa Ana Unified School District 89 11 12.36% 0 9 State Board of Equalization (3rd District) 56717 15933 28.09% 1829 13000 -7 7 N ov Totals :J7�,, N,,15 28.'Q 00 Attachment 2 ORDINANCE NO. 10-9 AN ORDINANCE OF THE PEOPLE OF THE CITY OF COSTA MESA AFFIRMING THE FAIRGROUND LAND USE DESIGNATION IN THE LAND USE ELEMENT OF THE 2000 GENERAL PLAN RELATING TO DESIGNATION OF THE ORANGE COUNTY FAIR AND EVENT CENTER PROPERTY LOCATED AT 88 FAIR DRIVE, COSTA MESA, CALIFORNIA AND MAKING IT SUBJECT TO CHANGE ONLY BY A VOTE OF THE PEOPLE WHEREAS, the Orange County Fair and Event Center is a large parcel of property consisting of over 150 acres located in the City of Costa Mesa and has served an important public purpose for over sixty years; and WHEREAS, the Orange County Fair and Event Center property is currently owned by the State of California and thus not subject to the City's zoning code; and WHEREAS, the State of California has placed the Orange County Fair and Event Center property up for sale, and the property could become privately owned and thus subject to the City's zoning code; and' WHEREAS, the City Council approved Resolution 10-8 on February 2, 2010 adopting a General Plan Amendment for the Orange County Fair and Event Center property to more completely describe the existing and approved uses for the property; and WHEREAS, the City Council approved Resolution 10-12 on February 16, 2010 adopting a General Plan Amendment for the Orange County Fair and Event Center property to more completely describe the existing and approved uses for the property following a duly noticed public hearing; and WHEREAS, the electors of the City of Costa Mesa wish to confirm and approve the land use designation for the Orange County Fair and Event Center property located at 88 Fair Drive, Costa Mesa, California, in the City's General Plan adopted by the City Council by Resolution 10-12 on February 16, 2010; and WHEREAS, the electors of the City of Costa Mesa further wish to require that any future general plan amendments relating to the Orange County Fair and Event Center property be accomplished only with a vote of the electorate of Costa Mesa and that no such change to the General Plan designation for the Orange County Fair and Event Center property shall be effective unless confirmed and approved by a majority vote of the electorate at a properly noticed and called election; and Attachment 2 WHEREAS, the electors of the City of Costa Mesa further wish to require that any future general plan amendments. relating to the Orange County Fair and Event Center property be fully evaluated pursuant to the California Environmental Quality Act and a complete and proper environmental document be certified and approved by the City Council pf the City of Costa Mesa prior to any proposed amendment to the General Plan being placed on the ballot for voter approval. Notwithstanding any statute, regulation, policy, rule or case law which provides that a voter initiated zoning or general plan amendment shall not or does not constitute a "project" pursuant to the California Environmental Quality Act, no further general plan amendment for the Orange County Fair and Event Center shall be considered adopted or approved until it has received the same environmental review as would be required under the California Environmental Quality Act if it were considered a "project" of the City. WHEREAS, confirmation of the City's General Plan designation for the Orange County Fair and Event Center will not result in any impact to the environment as it will not increase or decrease the types of uses or buildable space for the property from what currently exists, and is therefore determined to have no potential environmental impact. In addition, The General Plan Final Program Environmental Impact Report (Final EIR) was certified by City Council in January 2002. The OCFEC Master Plan Final EIR was certified by the 32nd District Agricultural Association in September 2003. These two environmental documents constitute the required environmental documentation for the proposed General Plan amendment. Confirmation by the Voters of the General Plan designation for the Fair and Event Center property and requiring voter approval of any future general plan amendment for this property is determined to be within the original scope of the General Plan Final EIR and OCFEC Master Plan EIR, and no additional environmental documentation is required. NOW, THEREFORE, the people of the City of Costa Mesa do ORDAIN AS FOLLOWS: SECTION 1. Article 17 of Chapter IX of Title 13 of the Costa Mesa Municipal Code is hereby added: Article 17. ORANGE COUNTY FAIR AND EVENT CENTER Section 13-200.75 General Plan Designation. The general plan designation for the Orange County Fair and Event Center property located at 88 Fair Drive, Costa Mesa, California shall be as set forth in General Plan Amendment GP-09-01 adopted by the City Council pursuant to Resolution 10-12 on February 16, 2010. 2 Attachment 2 Section 13-200.76 Amendment of General Plan Designation. The general plan designation for the Orange County Fair and Event Center property located at 88 Fair Drive, Costa Mesa, California shall not be further amended except by ordinance approved by a majority vote of the electorate of the City of Costa Mesa. Section 13-200.77 Environmental Review. Notwithstanding any statute, regulation, policy, rule or case law which provides that a voter initiated zoning or general plan amendment shall not or does not constitute a "project" pursuant to the California Environmental Quality Act, no further general plan amendment for the Orange County Fair and Event Center shall be considered adopted or approved until it has received the same environmental review as would be required under the California Environmental Quality Act if it were considered a "project" of the City. Such environmental review shall occur prior to the placement on the ballot of any proposed general plan amendment for the Orange County Fair and Event Center property, and the Council shall be required to certify and approve a complete and proper environmental document prior to the calling of an election. Section 13-200.78 Election Costs. Any proposed general plan amendment for the Orange County Fair and Event Center property shall be set for the general municipal election next following City Council action regarding the proposed general plan amendment and the approval of appropriate environmental documentation for such amendment. However, by mutual agreement with the proponent of the general plan amendment, the City Council may call a special municipal election, with the cost of the special election being borne solely by the proponent. SECTION 2. Should any section, subsection, clause or provision of this ordinance for any reason be held to be invalid, then the remainder of the ordinance shall be deemed valid, it being hereby expressly declared that this ordinance, and each and every section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified even if any other section, subsection, sentence, clause or phrase of this ordinance were declared invalid. Attachment 2 SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner required by law. This ordinance shall become effective thirty days from and after its passage. PASSED, APPROVED AND ADOPTED this 20t" day of July, 2010. ATTEST: City Clerk of the City of Costa Mesa ALLAN MANSOOR, Mayor APPROVED AS TO FORM: City Attorney 51 EXHIBIT "A" Fairgrounds Attachment 2 The Fairgrounds land use designation is applicable to only one property known as the Orange County Fair and Event Center (OCFEC) in the City of Costa Mesa. The Fairgrounds is a 150-acre site located at 88 Fair Drive. This designation is intended to: • Ensure continued development of the property as an integrated complex that is composed of recreational, agriculture -related educational institutions, open space, farmland, equestrian, and commercial uses, and • Promote the continued and sustained use of the property for the annual Orange County Fair in recognition of its value as a regionally significant resource in the City of Costa Mesa. Home to the annual Orange County Fair since 1949, the site is bounded by Arlington Drive (north boundary), Fair Drive (south), Fairview Road (west), and Newport Boulevard (east). Regional access is primarily provided to the site by State Route 55 (SR-55) at the interchanges of Fair Drive/Del Mar Avenue and 22nd Street/Victoria Street. Access from Interstate 405 (1-405), which is approximately one mile north of the Fairgrounds, is provided via interchanges at Bristol Street, Fairview Road, and Harbor Boulevard. The site was formerly a portion of the Santa Ana Army Air Base, and in 1949 the California 32nd District Agricultural Association (DAA) acquired the property from the Federal Government. Since that time, the annual Orange County Fair has occurred at this location. Through the years the 32nd DAA has expanded the use of the property into a year-round exhibition, conference, equestrian, activity, and event center; these uses compose collectively the OCFEC. The 32nd DAA Fair Board adopted the current OCFEC Master Plan in2003. Given that the 32nd DAA is a state entity for administration of the Orange County Fair, Costa Mesa has limited land use and permitting authority overthe propertywhile it is controlled bythe State. Therefore, the City of Costa Mesa did not have the authority to adopt the 2003 OCFEC Master Plan. If in the future, the State no longer controls the property, any proposed new development or change of use shall be subject to review for consistency with the City's General Plan and zoning regulations. The new property owner/operator may continue to operate the Fairgrounds as it existed at the time of sale as a legal nonconforming use and 5 Attachment 2 development. The property's legal nonconforming status will remain in effect until such time as the property owner submits and receives approval of a master plan by Costa Mesa. As of 2009, the Fairgrounds site contains a total of 400,000 square feet of buildings, including: • Pacific Amphitheater • Arlington Theater • Grandstand Arena • Equestrian Center • Exhibit and Administration Buildings • Concession and Restaurant Buildings • Memorial Gardens • Centennial Farms • Livestock Barns Orange County Fair (OC Fair) attendance from 1995 to 2006 ranged from 750,000 to 950,000 visitors during the 4-week long period. From 2006 to 2009, OC Fair attendance exceeded a million visitors. Based on peak attendance of approximately 60,000 visitors per day during the OC Fair event, approximately 48,000 vehicle trips per day is expected (based on average vehicle occupancy of 2.5 persons per vehicle). Although best known for the annual OC Fair, the site hosts many "non -fair' activities and events year round, including the weekly Orange County Marketplace and Farmer's market, equestrian events, trade and consumer shows, special vehicle sales events, agricultural events, and cultural festivals. In 2009, the Fairgrounds were also home to the Centennial Farm, Equestrian Center, 4-H Clubs, and All American Boys Chorus. In addition, Orange Coast College used a portion of the parking lot for off -site parking during the school year. The Fairgrounds designation recognizes the existing fairground and event center uses associated with this site. The 2000 General Plan traffic model does not take into account the trip generation from the annual OC Fair or weeknight/weekend special event uses (i.e. Orange County Marketplace) because peak vehicle trips to the site occur outside normal business timeframes. However, further development of the Fairgrounds will need to be balanced with the development capacity of the City's transportation system and with the protection of surrounding neighborhoods. Permitted uses include ancillary office uses, exposition/conference uses, equestrian uses, agricultural/livestock activities, restaurants, temporary specialty retail sales (including vehicle sales), outdoor marketplace, emergency operational uses, and concerts/live entertainment uses. Complementary uses to the fairground and event center uses may include botanical gardens, animal exhibits, museum, art/historical artifacts gallery, and 6 Attachment 2 performance art theaters that are supportive of the fairground uses. Uses that are not supportive of fairground and event center uses are expressly prohibited. Prohibited uses include, but are not limited to, casinos/gambling venues, shopping centers, hotel/motels, residential uses, self -storage facilities, hospitals, and medical uses. In addition, exclusive use or dedicated athletic sports facilities and educational uses that are unrelated to the OCFEC are prohibited. As a State-owned property, the Fairgrounds is not normally subject to the City's Noise Ordinance. However, pursuant to a 1990 Court Order (Case Nos. 42 07 28 and 55 65 08), exterior noise standards comparable to the City's noise regulations have been applied to the property. Noise sensitive uses include neighboring residences, Davis Intermediate School, and Costa Mesa High School. The court -ordered noise restrictions apply to the operation of the Pacific Amphitheater. Development within the Fairgrounds designation is intended for buildings ranging from one - to four-story structures. The maximum allowable floor area ratio for this designation shall be 0.10. Employment generation for fairground and event center uses vary dependent upon the specific use within this designation. For example, typical employment density standards are 1 employee per 300 square feet of office use, 1 employee per 333 square feet of service uses, and 1 employee per 500 square feet for retail. Because of the limited range of uses and lower building intensity permitted in the Fairgrounds designation compared to other nonresidential land use designations, the standard mix of uses in this designation would generate a population density in the range of 4 to 15 employees per acre. Office development consisting of a maximum buildout of 653,400 square feet at 0.10 FAR would generate up to 14.5 employees per acre, although it is important to note that office uses are ancillary to the primary fair and event center uses. The compatible zoning district is I&R. 7