Resolution Number 07-09-18-02RESOLUTION NO. 07-09-18-02
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER, 4, 2008 FOR THE SUBMISSION TO THE
VOTERS A QUESTION RELATING TO THE PROPOSED ADOPTION OF
AN ORDINANCE REQUIRING VOTER APPROVAL OF OPEN SPACE
GENERAL PLAN DESIGNATION CHANGES
WHEREAS, under the provisions of the laws relating to general law cities in the
State of California, a General Municipal Election shall be held on November 4, 2008, for
submitting to the voters at the election, a question relating to the proposed adoption of
an ordinance requiring voter approval of open space General Plan designation changes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the Sate of
California relating to General Law Cities, there is called and ordered to be held in the
City of San Juan Capistrano, California, on Tuesday, November 4, 2008, a General
' Municipal Election for the purpose of submitting to the voters at the election a question
relating to the proposed adoption of an ordinance requiring voter approval of open
space General Plan designation changes.
SECTION 2. That the City Council, pursuant to it s right and authority, does order
submitted to the voters at the General Municipal Election the following question:
SHALL THE VOTERS OF THE CITY OF SAN
JUAN CAPISTRANO ADOPT AN ORDINANCE
Y
ADDING SECTION 9-2.104 TO THE MUNICIPAL
E
CODE REQUIRING THAT ANY PENDING OR
S
FUTURE PROPOSED GENERAL PLAN
DESIGNATION CHANGE FOR ANY LAND
PRESENTLY DESIGNATED AS "OPEN SPACE"
IN THE CITY'S GENERAL PLAN TO ANOTHER
ALLOWABLE USE SHALL NOT BECOME
LEGALLY EFFECTIVE UNLESS THE
N
PROPOSED GENERAL PLAN CHANGE IS
O
APPROVED BY THE CITY ELECTORATE AT A
SPECIAL OR GENERAL CITY ELECTION?
Page 1 of 2 09-18-2007
SECTION 3. That the proposed complete text of the Ordinance submitted to the
voters is attached as Exhibit A.
SECTION 4. That the ballots to be used at the election shall be in form and
content as required by law.
SECTION 5. That the City Clerk is authorized, instructed and directed to procure
and furnish any and all official ballots, notices, printed matter and all supplies equipment
and paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
SECTION 6. That the polls for the lection shall be open at seven o -clock a.m. of
the day of the election and shall remain open continuously from that time until eight
o'clock p.m. of the same day when the polls shall be closed, except as provided in §
14401 of the Elections Code of the State of California.
SECTION 7. That all particulars not recited in the resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of
th election, in time, form and manner as required by law.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it in the bood of original Resolutions.
PASSED APPROVED AND ADOPTED ON the 18`h d of September 2007.
M ALLEVATO, Mayor
ATTEST:
alt l 0, 0
R. MONAHAN, City Clerk
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EXHIBIT A
' AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING VOTER APPROVAL REQUIREMENTS
WITH RESPECT TO OPEN SPACE GENERAL PLAN DESIGNATON
CHANGES
The people of the City of San Juan Capistrano do ordain as follows:
Section 1. Municipal Code Amendment/Voter Approval Requirements With
Respect to Open Space General Plan Designation Changes.
Municipal Code section 9-2.104, entitled "Voter Approval Requirement For Open
Space General Plan Designation Changes", is hereby added to Article 1, "General Plan
Review and Consistency" of Chapter 2, "Administration", of Title 9, "Land Use" of the
Municipal Code to read as follows:
"Section 9-2.104. Voter Approval Requirement for Open Space General Plan
Designation Changes."
(a) Statement of Intent. The people of the City of San Juan Capistrano declare that
the preservation of open space within the City has been and continues to be a
high priority for the community. Land designated by the City's General Plan as
open space land should not be changed to other allowable land uses without
voter review and approval at a city wide election. Accordingly, this section is
intended to require voter approval of proposed changes to City General Plan
designated open space land in accordance with the procedures of this section.
(b) Voter Approval For General Plan Open Space Designation Changes. After the
legally effective date of this section, any pending or future proposed General
Plan designation change for any land designated as "Open Space" to another
allowable land use shall not become legally effective unless the proposed
General Plan change is approved by the City electorate at the time of a City
general or special election, or other statewide election held pursuant to Elections
Code section 1000. This section applies only to changes in General Plan
designations as described in this section.
This voter approval requirement is intended to preclude any form of amendment
to any existing General Plan designated open space parcel by any future City
Council by a process of change or amendment to "definitions" or other statement
of permissible uses presently describing authorized uses under the Open Space
designation of the General Plan, unless such change or amendment is submitted
to and approved by a vote of the people.
1
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(c) Normal Planning Process Is Applicable to General Plan Designation Changes
Prior To Holding an Election. A citywide election on the question of whether to
approve a General Plan Open Space designation change shall not be ordered
until the General Plan amendment application is first processed before the
Planning Commission and City Council in accordance with Municipal Code and
state planning law requirements, and the City Council has formally approved the
General Plan designation change by adoption of an appropriate resolution.
(d) Timing and Cost of Election. (i) Should it be necessary to conduct an election
pursuant this section, the City Council may order the election to be held on a city
general election date, other statewide general election date provided for under
Elections Code section 1000, or special election date; (ii) The City shall bear the
cost of ballot measure at a city general election. The applicant shall bear the full
cost of the election if the applicant has requested that the ballot measure be held
on a statewide election or special city election date.
(e) Future Amendments. Pursuant to Elections Code section 9217, this section may
not be amended or repealed unless such amendatory or repeal proposal is
approved by a vote of the people.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing Resolution No. 07-09-18-02 was duly adopted by
the CitX Council of the City of San Juan Capistrano at a Regular meeting thereof, held
the 18` day of September 2007, by the following vote:
AYES: COUNCIL MEMBERS: Nielsen, Hribar, Uso, Soto and Mayor Allevato
NOES: COUNCIL EMBER: None
ABSENT: COUNCIL EMBER: None
MONAHAN, City Clerk
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