HomeMy WebLinkAboutCC Ord 1270 1988-03-07
ORDINANCE NUMBER .I-2;1~
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A ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A ~DF.CIAr "U~:ICIPAL
ELEC.':I0" .'>1 -'-lE3D"I', JUNE 7, 1988, FOR THE
SUBMISSION OF A PROPOSED INITIATIVE ORDINANCE
AND ORDERING THE CONSOLIDATION OF SUCH SPECIAL
MUNICIPAL ELECTION WITH THE STATEWIDE PRIMARY
ELECTION TO BE HELD ON JUNE 7, 1988.
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WHEREAS, pursuant to authority provided by statute a petition
has been filed with the legislative body of the City of
Seal Beach, California, signed by more that ten (10)
per cent of the number of registered voters of the city
to submit a proposed ordinance relating to Sensible
Growth and Traffic Control; and
WHEREAS, the City Clerk directed the examination of the records
of registration and has ascertained that the petition
is signed by the requisite number of voters, and has so
certified; and
WHEREAS, the City Council has not voted in favor of the adoption
of the ordinance; and
WHEREAS, the City Council is authorized and directed by statute
to submit the proposed ordinance to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
For.LOWS:
SECTION 1.
Measure
That pursuant to the requirements of the
Charter of the City of Seal Beach, there is
called and ordered to be held in the City of
Seal Beach, California, on Tuesday, June 7,
1988, a Special Municipal Election for the
purpose of submitting the following
initiative ordinance:
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Shall the Citizens' Sensible YES
Growth and Traffic Control
Amendment and Ordinance be
adopted? NO
SECTION 2.
SECTION 3.
That the text of the initiative ordinance
submitted to the voters is attached as
Exhibit "A".
The Special Municipal Election hereby called
for and the date hereinbefore specified shall
be and is hereby ordered consolidated with
the Statewide Primary Election to be held on
June 7, 1988. The election precincts,
polling places, and officers of election
shall be the same as those set forth in the
notice calling or providing for or listing or
designating the precinc~s, polling places and
election officers in the City of Seal Beach
for the Statewide Primary Election with which
the Special Municipal Election called by this
Ordinance is consolidated. The Board of
Supervisors of Orange County is hereby
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Ordinance Number
/.:210
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__:..."..~lled to order the consolidation of the
Special Municipal Election hereby called with
said Statewide Primary Election, and the
Election Department of Orange County is
hereby aut:lor' ~....~ '.-: ::anvass the returns of
said Speclal Municipal Election, and said
election shall be held in all respects as if
there were only one election, and only one
form of ballot, namely the ballots used at
said Primary Election shall be used. Said
Elections Department of Orange County shall
certify the results of the canvass of the
returns of said Special Municipal Election to
the City Council of said City and shall
thereafter declare the results thereof.
SECTION 4.
The polls for said election shall be opened
at 7:00 o'clock a.m. of the day of said
election and shall remain open continuously
from that time until 8:00 o'clock p.m. of
said day, when said polls shall be closed
except as provided in Section 14301 of the
Elections Code of the State of California.
SECTION 5.
Notice of the time and place of holding said
election is hereby given and the City Clerk
is hereby authorized, instructed, and
directed to give such further notice of said
election as required by law.
SECTION 6.
Pursuant to Section 416 of the City Charter,
this Ordinance shall take effect and be in
force immediately upon its adoption.
SECTION 7.
The City Clerk shall certify to the passage
and adoption of this Ordinance by the City
Council and shall cause the same to be
published as required by law.
PASSED, APPROVED AN
se~each, Califo
~ day of
by the City Council of the City of
regular meeting thereof held on the
, 1988 by the following vote:
AYES:
Councilmembers
NOES:
Councilmembers
ABSENT:
Counc ilmembers
/
~.)~.~~
Mayor '
ATTEST:
Ordinance Number ~~~
STATE OF CALIFORNIA I
COUNTY OF ORA.~~ I ~~
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Ber_:.
California, do hereby certify toat the foregoing Ordinance is the
original copy of Ordinance Number~~~~ on file In the office of
the City Clerk, introduced, pas3ed~roved and a opted as an I
Urgency Ordinance by the City COU~Of the Cit 0 Seal Beach
at a meeting thereof held on the _, day of ,
1988.
and do hereby further certify that Ordinance Number /~~O has
been published pursuant to the Seal Beach City Chart~
pursuant to any other provision of law.
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Ordinance Number ~~;r~
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.CITlZENS' SENSIBLE GROWTH AND TRAFFIC CONTROL AMENDMENT & ORDINANCE
INmATIVE PETmON
To the Seal Beach. California. City Council:
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The following was published on August '.0 . 27 1 "87 In ':'~..:.: :- ~...::h JClurnal by Barbara Roundtree. Member. Citizens
for SensiLJie Growth and Traffic Control.
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NOTICE OF INTENT TO CIRCULATE PETITION
cmZENS' SENSIBLE GROWTH
AND TRAFFIC CONTROL INITIATIVE
Notice is hereby given of the intention of the persons whose names appear hereon to circulate within the City of
Seal Beach a petition for the purpose of enacting a Citizens' Sensible Growth and Traffic Control Initiative as an
amendment to the City General Plan and Ordinance, A statement of the reasons for the proposed action as contem.
plated in said petition are as follows:
o
THE PURPOSE OF THIS.lNITIATIVE PETITION IS TO ENACT A GENERAL PLAN AMENDMENT
AND ORDINANCES WHICH WILL ALLEVIATE PR SENT AND F HJJ!.!LlBAff1r. r.nNGEST.lObL
. ON THE STREETS OF THE INCORPORATED AREA OF THE CITY AND Tn INSIIRF AN AnF.
QUATE QUAUTV nF LIFE FOR THE FUTURE. GROWTH AND DEVELOPMENT HAVE OUT PACED
'THE ABILITY OF GOVERNMEN I 10 PROVIDE. AND MAINTAIN THE STREETS; AND TO PROVIDE,
MAINTAIN AND STAFF THE PUBLIC SERVICES .REQUIRED TO MAINTAIN THIS QUALITY OF LIFE
IN THE CITY,
THE CITY COUNCIL SEEMS UNABLE TO SAY NO TO THE REQUESTS OF DEVELOPMENT
INTERESTS FOR APPROVALS OF DEVELOPMENT IN SPITE OF THE INABILITY TO PROVIDE
ADEQUATE ROAD CAPACITIES. PUBLIC SAFETY SERVICES. FLOOD CONTROL IMPROVE-
MENTS AND PARKS TO SERVICE EXISTING AND FUTURE DEVELOPMENT. THE VERY REA-
SONS WHICH THE CITIZENS OF THE CITY STAYED OR CAME HERE FOR ARE FAST DISAP-
PEARING.
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IN AN ATTEMPT TO COME TO TERMS WITH THIS PROBLEM, MINIMUM ACCEPTABLE STAN.
DARDS MUST BE MAINTAINED. AND DEVELOPMENT WHICH WOULD CAUSE TRAFFIC AND
SERVICES TO EXCEED THESE STANDARDS MUST BE RESTRICTED UNTIL PROVISION FOR
TRAFFIC CAPACITY AND SERVICES IS IN PLACE. THE PEOPLE OF SEAL BEACH MUST TAKE A
LEADERSHIP ROLE AND ENACT THIS INITIATIVE AMENDMENT AND ORDINANCE.
The Initiative and Ordinance provides that:
1, The City Council shall approve new development only where the resulting traffic will not cause
or make worse an unacceptable level of traffic,
2. The City Council shall provide adequate traffic capacity on all arterials and adequate public
safety, flood control and parks within the incorporated areas of Seal Beach and maintenance
and staffing for said infrastructure betore approving new development.
It Is the Intent of this Initiative Amendment and Ordinance to permit development that will not aggravate existing traffic.
public safety, flood control and park problems.
Barbara Roundtree
Member. Citizens for Sensible Growth and Traffic Control
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I The full text of the Citizens' Sensible Growth and Traffic Control Initiative as an amendment to the City general plan,
specific plans and ordinances Is printed In full within this booklet.
-11I-
It Is the Intent of this proposed initiative ordinance to apply to all development projects not vested prior to the adoption
of this amendment and ordinance by the Voters.
-IV-
CITIZENS' SENSIBLE GROWTH AND TRAFFIC CONTROL INITIATIVE
THE PEOPLE OF THE CITY OF SEAL BEACH HEREBY ORDAIN AS FOLLOWS:
Ordinance Number ~~
A. The inlentlllld purpose 01 \his amendment and ordinance ia 10 sacure for the ci11z_ ollila City the
IClCIal and _ic 8dvlllllages which reauft trom ute and elIicient access 10 employment, housing. and public
n private services, and 10 protec1 and preserve the public health,ulely and general weNare,
8. It is the intent and JXlrpose ollhis amendment and ordinance to ~,__~.va .: '. "U~'" : :... ~,..
environmental values olthe citizens olthe City through measures 'which are wll/lin ds authority and which relate to
City concerns, even though illS acknowtedged \haI\he traffic problems currently affecting the City are not entirely
wilhili the City's control:
C. It is the Intent and purpose olthia amendment and ordinance 10 achieve a balance between system
cepaclty and density allocation:
D. It ia the Intent and purpose olthia amendment and ordinance 10 balance demonstrated
transportation need& and roadway construction wilhaut destroying or disrupting established neighborhoods or com.
munbie&:
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E. It is the intent and purpose 01 this amendment and ordinance 10 set a baseline for the traffic:
ClIp8City which IS n-.sary 10 maintain and improve lhe quality ollile wolhin the City:
F, It is the intent and purpose 01 this amendment and ordinance 10 set a baseline for IIla provision 01
lIIIequate public _ which are necessary 10 maintain and improve \he quality olllle within \he City.
8Ictlon 2. FINDINGS.
A. This amenclmentlllld ordinance IS necessary 10 protect the public heath. salety.lIIId weNare 01
present ancIlulure residents 01 the City anc:I the region by avoiding unnecessary and delelenOlls traffic congesl1an.
This depends on a reglonaltransportalion systam \haI provides sale and efficient access to employment, housing,
and public and private services.
B. The cepacily 01 much 01 the transportation system of the City has been exceeded, or IS reaching
capacity, caUSing \he system to be neither sale not efficient. Traffic: congestion which exceeds a reasonable level
01 service increases the risk 01 traffic accidents, hinders or blocks the passage of public salely veh'cles, causes or
contribules 10 increases in air pollution. wastes luel, degrades the City'S economy, cont"butes to lost produc:livrty
and promotes stress both on the roadways and off, and generally degrades the quality of life Within the City.
C. Traflic studies indicate that eXIsting, approved, proposed and luture developments In the region w,lI
produce unacceplable levels 01 traffIC cpngestion. II the general plan and spec~ic plans are not amended 10
establish reasonable standards lor traflic capacity which relate luture growth to that capacity, unacceptable levels 01
service on many streets and intelSllCbans will result.
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D. The QlmulaWe impacts olland development, existing. approved. proposed and tuture, ,n the
incorporated area 01 the City contributes significantly to the unsale and ineffiCient condItion oIl11e transportation
system. II is recognized thet where the system is already heavily impacted. will take added etIort 10 reach an ac.
cepI8bIe level 01 traffIC capacity.
E. Relieving the present overburdening 01... regionaltraneportation system requires the
achievement and malnt-..ce of adequate trafl'lC capacity and provision lor edequate long term maintenance of the
system as mandated by this initiative. Unless a baseline lor peak hour traffic capacity IS established which is
reasonable and can be met, Iulure development will overwhelm the transportation system.
F. Where Transportation System Managemenl Programs are eSlablished .n an etIort to reduce traffic
generation. . is necessary 10 establish an annual evaluation procedure to assure Ihat the assumptions which led 10
the approval 01 suCh pnlFIms are in lac! still valId.
G Where a substantial change in use results in an inaease In lraflic generation, . is necessary \0
establish an evalual10n procedure to assure 1I1al the change in use maintains the same Impact on the transportation
system.
H. Urban development whIch abuts transportation corridors and Ireeways requires a barner between
transportation uses and urban uses in order 10 prevent the intrUSion at lIght. noise, and all pollution lrom the
transportatIOn taCllity on the developed areas, and to provide the faCility user With an aesthetiC cone or VISion, rather
than a View 01 urban development.
I. Urban development in future view conidors along new or Improved arterials in environmentally
eensltive areas will cause a lass 01 aeslhelically pleasing views.
J. Where general plan amendments, eplICIflC plans and ordinances have been approved lor specific
areas. butlrallic exceeds the capac:iIy 01 the transportation system. they must ba reevaluated and revised as
necessary to achieve densities which penn. a qualty oll"e conslSlent with or beller than what exists currently.
K. Loss 01 animal migration routes through lulure transportation systems contributes to the
degradation Of the natural environment end traps wtlcllile between transportation systems. aeating a conftlcl
beI1..ean humans and wildlife, end posing a threat to various species.
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L. The cumulative impacts 01 land development. existing. approved, proposed and future. in the
incorporated area of the City c:ontrtbule signitlcandy 10 the need tor essurances that present and lulure public
safely. ftaacl control and park syslefns end services will continue 10 be available to the public in a manner that
assures an adequale quality 01 life,
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Ordinance Number
;l021tJ
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.,..-:..... M. The ~t overburdening oIlhe public safety, flood conlroland park systems requires Ihe
. tAoallon and maintenance oIlacilltiis, services and stalling, and the adequate long term maintenance 01
fllCililies, and services as mandat8d ~ Ihis initiative.
N. IIlCIlIlISlId flood hazards in already urbanized areas are a SIgnificant concern As the City is further
urbanized. IIood hazard Incre_. Many pclIIions 01 the City are within a flood hazard area. Management and
reduction ol increased runoff is necessary far the health, safety and general wellare olthe citizens of the CI\y.
. 0, There is a need lor ac:quisllion ol additional neighborhood and communl\y parkS and devalop",ent
of existing neighborhood and t'OI'IImun"" ",,: :...ld. accessible to pedeslrians. and providing adequate recreational
. _-,!itiss "'hllin development Br88S, thereby decreasing vehicular traffic to local parkS elsewhare. There is a need
lor 8ddIlIonal regional parks which provide adequate recreational facililles for en area as e whole and reli..e the
oven:,CHoCIing olexisting regional facilfties.
P. Inadequate public safely services'have adverse impacts which degrade the City's economy,
contribule 10 IoIs olllle and properly, and promote 511'_. These 'actors require Chat provision be made for
adequete leveIa ol buic public services and facintiss.
'I II is necessary thai provision be made lor the lunding. construclion, maintenance and
operation 01 amenlBIld lulure public services and facilbies which WIll maintain current or beller levels of service
prtor 10 &pprWal ol addillonal development.
2) II is n_ry thai provision be made for adequate public salaty SllIlling 10 save lives and
prape<ly, reduce crime andlrallic accidents, and reduce stress, thereby improving public health, safety and general
W8Ilare,
Q, The deleterious sociaJ BIld economIC impacts addrased her"n mandate thotlhe overridIng
consideration lor epptOVing a Development be the establishment ol a baseline lor adequate Irallic capacity, public
..fllly services. flood control and parkS. and the preservation 01 existing neighborhoocls and communities.
R. To assure availability 01 funding for needed improvements it.s necessary 10 mandate thol any
funds col18Cl8d for said improvements be segregated and actually spent WIthin a sp8C1118d time period on specifIC
improvemenlS, thereby essuring thai these funds are not d,vlll1ed 10 the general fund end therefore dissipated.
S. II is necessary 10 allow a reasoneblelime lapse lle1ween issuance 01 building pennils and the
c:ompIetion 0' related improvements so lhallunds may be collected end construction undertaken as mandatad
herein.
T. The overriding consideration in a Development approval.s not the short term economIC gaIn which
accruss lrom lIPP'OVal of a Development, but Ihe long term benefl' which accrues 10 the citizens from a balancing of
envirorvnenlal values, system capacities and reasonable densities which the governmental entity can afford 10
lervice.
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U. Unlesa luIure growth is direclly related 10 the availability of capacity in the transportation system,
and the City's general plan e'-'ls. specific plana and ordinances are revised to allocate densities based on thet
capacity. !he City will not be able 10 achieve the Standard Level of Service mandated in this amendmenland
ordinance.
V. Unlass adequ8181ra111C capaciIy and balanced growth occur the City will eventually experience a
condition known as "gridlock" and the resull will be the loss ol business opportunities, jobs. and a reduction in
properly values,
Ordinance Number I'~~
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5eclIon 3. GENERAL PLAN AMENDMENT AND ORDINANCE.
To the maximum extent aulhoriZed by existing Stale and Federal Law the following shall be done:
A. Prior 10 .lPProv.. UI adoption. whichever comes first. of a general plan amendmant. specific plan.
precise plan. area plan. zone change. tentative tract or parcel map. whether approved, proposed or future
"&lopmant. lor a Developmenl. tile Slandard Level of Senric8 shall be achieved and mainlained lor all arterials to
which said Development oonbibutes measurable traffic. Said Development shall not cause the transportation
syshIm Ie operate at conditions worse than the Standard Level of Service.
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1. No\Withstanding any provisIon of Sec:lion 3 Ie the contrary, a grading permit or buHdlng
pennit. whlCh_ is lsaued first for said Development. may be approved or issued in the Iollowing clrcumstancas:
a) When the existing transportation syslem is operating at a level of service equal 10
or beItar than the Standard Level of Service; and
1) Said Development does not cause the transportation sys1llm 10 operate at
a Iev8I 01 service worse than the Slandard Level of Serw:e; or
21 A Comprehensive Planning and Improvement Program to maintain the
existing level of service on the transportation system affected by said Development. which the Development
participates in, has been adopted by the City to maintain such Standard Level 01 ServIce.
b) When the existing transportation system is operating at worse than the Standard
LevelotServlca;and
1 ) Such approval or Issuance required tor a Developmant is conditioned upon
Ihe requirement that the Development's measurable traffic does not cause the transportation syslem 10 operate at
conditions worse than Ihe existing conditions and where a measurable improvament IS achieved; or
'21 A Comprehensive Planning and Improvement program to achieve a
measurable Improvement in the existing lever of service on the Iransportation system aflecled by said Development,
which the Developmenl participates In. has been adopled by the City 10 achieve such Slandard Level of Service
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c) Where there is a requirement imposed upon a phased Development pursuant to
this Section 3 lor Ihe paymant 01 costs into a Comprehensive Planning and Improvement Program. such costs shall
be payable serially as to each phase of the Development. in conjunction with the improvements accomplished and
.
not in one payment for the entire Devalopment,
2. Where a Transportation Sys1em Management program is used to reduce project related
vehicle bips. said program shall be adopted only H substantial evidence is presented prior to development approver
and findings are made thallhe pen:entage of trip reduction at1ributed to Transportalion System Management
programs have been and continue to be made in the City lor e similar project, Said reduclions must actually OCQIr
al When a Transportation Syslem Management Program is approved, a conditional
use permh shall be ISSUed. and a yearly report prepared by the City at the ellpllnse of the developer or business
owner, 10 show said vehicle tnp reduction has been achieved and mainlained.
bl If said reductions are H1usary. the conditional use permil shall be reevaluated and
addilional conditions imposed in order to meellhe requirements of Ihis amendment and ordinance,
cl Programs and polices such as mixed Dr balanced uses. Rex time. slaggered shifts,
limn.ng truck traffic. requiring tilly [SO] percent of the employees be County residents. and provision of employee
housing, may be used to implemenl a Transportabon System Management Program.
3. Each Development approved under \I1e terms otlhi$ amendment and initiative shall be
reevaluated when any change in use occurs whIch is expected to increase Ihe traffic generation for said Develop,
ment. The purpose 01 the reevaluation .s to assure that traffic capacity is available in the transportation system.
4. Development along transportation corridors and freeways shall provide for scenic corridors
adjacenl to each side of said tacllity. Arteriels buin or expended in environmentally sens'live areas shall be treated
in a similar manrtar.
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a) In urbanized areas along these routes a minimum 0' lhirty (30) leal shall be
mainlained and heavUy IandscapecllO ....een the developed areas and the routes, This provision is intended III
preventlhe intrusion 01 light. noise and air poBution from !he facility on development
b) In rural and undevelOped areas this provision Is intanded to maintain lha natural or
native plant =- and te"ain and III provide facility users with a sense 01 the rural environment which previously
existed. Arterlllls buill or expended in environmentally sensitive areas shall be treated in a limUer manner.
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Where necessary. animal migration corridors shall be provlcled.
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Ordinance Number /.210
8, The Ctty shall revise iIs zoning ordinances and adopt zoning which conforms 10 this general plan
amendment and onIinance. The City shall a11oca1e densilias and phase approved development to ensure thaI
IuIure II'-'" does not exceed an "( : I plable ein:ulation capacily which . Standard Level of Service and ensure
construction, main18nance and apendion aI said 'acilitias, excepllempararily a permitted herein.
C. Prior 10 appravaIlII' adoption. whichever comas first, of a general plan amendment, spaclfic plan.
precise plan. area plan. z_ c:hange. tentallve IIlICl or parcel map, whether approved. proposed or IuIure
devalopment, for a Development. Adequale Sa",ice Levels shall be achieved and maintained for poIca or lIhe,iII.
fire and paramedic services, 1l00d control Improvements and neighbolhood. community and regional parks to which
said Developmenl contributes an adverse impact. Said Development shall not cause thase services to operate at
conditions worse than the Adequate Service Levels establillhed herein.
1. Notwithstanding any provision 01 Section 3 10 the contrary. a grading permn or buHdInQ
permn. whichever is issued lirst for said Developmenl. may be approved or issued in the loIIowing circumstances:
a) When the eXisting police or sherin, lire and paramedic service, flood control and
parks are operating or prOVided al a level of se",iee equal to or belIer than 1110 Adequate Lovels 01 Sa",ice as
del.Rad; and
'1) Said Developmenl doas not cause police or sherIn. lire and paramedic
seMce, flood control or parks to operate or be provided al a level 01 service worse lhan the Adequate Level of
ServiCe: or
2) A ComprehenSive Planning and Improvement Program to maintain the
existing leYeI of service on the police or sherin, lire and paramedic service, IIood control or park systems allec:ted by
said Development. which the Development panapatas in. has been adopted by the City 10 maintain 8Uc:h Adequate
Levels of Service,
bl When the existing police or sherin, fire and paramecf'1C service, flood control or
parks ... operating at worse lhan the Adequate Level 01 Service; and
1) Such approval or issuance required lor a Development is conditioned upon
1I1e roquirement1l1at the Development's impact does not cause police or sherin. fire end paramediC seMce. IIood
control or park systems to operate at conditions worse than Ihe existing condnions and where. in lact. a measurable
improvement is achieved: or
21 A Comprehensive Planning and Improvement Program 10 achieve an
improvement In the existing leYe' 01 se"',ce on the potice 01 sherin, fire and paramedic se",ice, flood control 0'
park systems affected by said Development, which the Development par1icipalas in, has been adopted by Ihe City
to achieve such Adequate Levels of Sarvice
cl Where there is a requirement Imposed upon a phased Developmenl pursuant 10
Seellon 3 lor the payment of costs into a Comprehensive Planning and Improvement Program, such costs shall be
payablo serially as to each phase of !he Development, In conjunction With the improvements accomplished and nol
in one payment lor the entire Development
2. N_ developments shall prOVide parkland in Ihe fOllowing manner:
a) Said community and/or neighborhood parks shal be located within reesonabIe
distance lor the rasidents of the Developmenl and surrounding urban area. Neighborhood and community park re-
qUIrements are nOl met by the proviaion of open space. conservation or regional parks, Crecrn shall be allowed lor
the pPCMeion 01 up 10 flI\y [50%) percent of IBid perk requirement by private perks. Said perks muat include the im-
provements necessary 10 make them functional.
bl Regional parte land and its developmenl shall be required Ihrough an appropriate
pro rata contribul1on 01' \hrQugh dedication end improvement thereto on a pro rata basis when new development is
apprOYlld. Said parks musl include the improvements necessary to make them functional. .
3. New development shall prOVide lor 100 year flood protection Within said Development
Alea. New development shall not Increase the existing downstream peak flow of flood wallrs or runoff, end shall
rata.n lhe increased cuboc feel per second [over the eXISting cubic feel per second) duo to the Development on site
until the peak has passed.
a} Where 100 year flood control protection already exists 10 the exlentthal
downstream properties are no longer mpacted. said retention of Increased cubic feet per second shall nor be
required.
. bl SaId flood control projects shell be compleled in an environmentally sensitive
manr,er. prese"'ing the existing drainage course to the extenl feaible.
cl Existing developed areas shell receive priority In publicly funded flood control
projects in order to attain proleclion from a 100 year flood in the near fulUre.
d} Flood control retenbon baslns to be constructed to millgall development may be
considered on a master plan or watershed basis. i.e.. a basin may mitigale more :han one development proJect.
Ordi nance Number /..2 /'0
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D, The City shall revise lIS loning ordinances and adopt zoning which conforms to this general plan
_dment and ordinance. The Cily shall allocate densities and phase approved development to ensure thatluture
growth shall nol elCll8d the Clty'S ablbly 10 prOVide adequate police or she,," and hre protection, pIIramedic service.
lIood control improvement. and nelghboltlood, commurmy and regIonal pIIrks: and to ensure that construction.
maintenance and operation 01 public and private seMCllS and laoli\les, including bul not limited to police or sherill,
lire prollICIion. pllramedoc: service, flood control improvements. and neighborhood. community and 'egional parks
have been provided as necessary to meet Adequate ServICe Levels as defined herein, except temporarily as
pIIrmlfted herein.
E. Where a Comprehensive P1aming and Improvement Program and/or Transportallon System
Management Program has been approved which ensures thai each phase accomplIshes .mprovemenlS which
equal lI1e measurable impact 01 that phase, and where the existing condition IS worse lhan the Standard Level 01
Service, but a maasu,able improvement shall be Completed as required, phasing shall be allowed. WIIerethe
existing condition is worse than the Adequate Service Level, bul an improvement shall be completed as required,
phasing shall be alowed. Development Areas or indiVIdual developments shall relain the" original boundllries fo,
purposes 01 assessing measurable impact. Division lor the purpose 01 aVOiding Ihe requiremenlS 01 this amendment
and orclinance shall be prohiblled.
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F. Each year the City shall update and adopt a Development and Tralllc MonItoring Report which shall
_ the ability 011he system to maintain Standard Levels of Service lor traffic capacity, and adequate service
MiS lor police or sherill and lire pro18CIion, paramediC service, ftood control improvement. and neighborhood,
comm...ity and regional pIIrks and which shall be used 10 eveluate development proposals and their cumulallve
impac15 on the sysI8m,
G, The City shall adopt, alter noticed public hearing,lindings lor each Development which
cer\lly that each provision 01 thIS amendment and ordinance has been complied with based on substantial evoclance
on the record, and set forth the mannar 01 compliance with each provision and requirement 01 Section 3 by said
Development at the eariiesttime possible in the process.
1. At the tentative tract level or equivalent, such as !he planned development approval or
project approval level, said Development shall be revl_d and considered agaIn in adopted by the City [which said
Development contributes tolto achieve such Adequate Levels 01 Service.
2. Heanngs shall be noticed in a newspaper 01 general corculation in this JurisdictIon, with
notices also sent by lirst class mail to aU interested associations, groups, and individuals NotIce shall also be
provided by other addibonal means thai the City deems appropriate.
H. Where Improvements are required which cross jurisdictional boundaries and requ"e thai said
improvements shall be approved by another responSible agency. ralher than the Development's lead agency, Ihe
lead agency and the responsible agency may negotiate a solution In an aftempt to reconcile conllicts between each I
jurisdiction'S general plan, spllcmc.pIans and ordinances Where no solulion is reached, 1he improvement funds
requirad shall be deposiled in a trust fund lor use on those improvemenlS identified as necessary in the future.
I. Where transportation 'acilities Of other ImprovemenlS are required to be completed hereunder, both
princopalfunding or adequate secu,ity, and any interest accrued shall be placed In a trust fund lor use on
transportation lacilities or other inprovements required, In no case shan said principal or interestlunds be
\: translerred 10 the generallund or other improvement fund.
"'- Surplus funds which exist after such transportltion lacilities or other improvements have been completed may be
'~Ierrad to a related intersection or Ink lund, or in the case oIlunds required lor other than Iransportltion
laciiities"or other improvements, to a lruStlundlor related improvement.
J. Improvements shall be completed wrthin three [3J years 01 the I.rsl use and occupancy lor said
Development or within live (5] years aIIer issuance 01 a grading permn or building pIIrmitlor said Development
whichever is comes sooner
K. Where the improvements required 10 approve the Development at the densil>' proposed shall
create S'llnKicant adverse physical. environmenlal or economic impacts on the existing neIghborhood or community,
the denarty 01 the Development shall be revised and redesigned to alleviate the adverse Impacts of both the Devel-
opment and the required improvemenlS.
L II said improvements are not completed within the preSCllbed time periods within that junsdiction,
additional development shall be delayed. ancIIor phased In such a manner so as 10 make no measurable impllct on
the systems referred 10 herein, until suc;h time as .... standards shall be mal. or plannad densiloes revised so that
these standards shall be met.
M. This general plan amendment and ordinance shall not operate to deprive any landowner 01
substantially all use a1their properly or otherwise constitute a constl1utional taking without compllnsation
I
Ordinance Number ~I'~
SIctIon 4. DEFINITIONS AND TEAIIS.
I
A, ADEQUATE NEIGHBORHOOD AND COMMUNITY PARK STANDARDS means slate Slandards
shall prevail lor neighborhood and community parks.
B. ADEQUATE FLOOD CONTROL PROTECTION means protection from a 100 year flood is
cansidered adequale, Compulation 01 exlsling and 100 year Ilood flows shall be determIned USIng Ihe Orange
County Flood Control Dislrict [OCFCDI Hydrology Manual. EXIsting 100 year IIood Ilows shall be based on
watershed condilions existing on January 1. 1988.
C ADEQUATE SERVICE LEVELS [poLICE AND SHERIFF) means amergency response lime shall
be 5 minutes or less. more than 85% 01 the time, Non-emergency response time shall be 15 minutes or less, more
then 85% oIlhe time.
D. ADEQUATE SERVICE LEVELS (FIRE' PARAMEDICS) means emergency response time shall
be 5 minutes or less. more than BS% oltha time. Non-emergency response time shall be 15 minutes or less. more
then B5% 01 the time.
E, BUILDABLE FLOOR AREA RATIO means gross buHdable floor area dIVIded by gross 101 square
Iacltage.
F. COIIPREHENSlVEl'LANNING AND IMPROVEMENT PROGRAM means a plan and program
'wIlic:tI addresses the cumulative impacts 01 said developnant or davelopments on a spac~ically defined impact
..... and mandates improvements to each link and intersedion, or service lor said Development. ThIS program
will relalelO Ihe data contained In the Trallic and Developmant MoMoring Program. but is to be site spacific In
planning and .mprovemenls. These programs shall be updated yearly.
1. As 10 lransportalion systems. a pammenlally implemented program oIlunding.
oonslruction and maintenance oIlransportation facilities to achieva Ihe level of service oItha transportation system
required lor a OeveIopment hereunder. with the requirement lor payment 01 a pro rala share 01 coals 01
improvements necessary.
2. As to the services and facilities described in Section 3(cl. a governmentany implemented
program oIlunding, construction. and maintenance 01 such sanriC8S and facilities to achieve the laval 01 service lor
such services and facilities required Ior'a Development hereunder. with the reqUirement 01 a pro rata share 01 costs
01 improvements necessary.
G. COMMUTER ARTERIAL means a roadway designed as a lWo-Iana undivided. restricted access
roadway, with a typical right 01 way width 01 56 leet and a roadway width Irom curb to curb 01 40 leat. A commuter
arterial should accommodate lawar than 10,000 vehlclalnps per day.
H. DEVELOPMENT means any physical improvemant to land.
I. DEVELOPMENT AREAS means thosa land aralS proposed for development and under a single
ownership at the time 01 adoption 01 this amendment and ordinance.
J. EMERGENCY means CIrcumstances Ihreatening 1I1a loss ollila, serious bodily injury, or damega or
loss 01 substantial property.
K. EXIST1NG LOT means a lot which abuts. Is conllguous to. and has Ihe right 01 access to a slreal
which is IInp.- tD Ihe subdivision standards oltha City on 1I1a dale of adoption oIlhis ordinance: a lot which has
been recognized as a usable vehicular right 01 way 01 record. or a lot which now contains a usable buildtng.
L. INTERSECTION maans that section oIlhe roadway influenced by the junction 01 roads, straals. or
ramps.
M. IMPROVEMENT TRUST FUND maans a fund or assessment dIstrict. Mallo-Roos assessment
district. or other benefit assessment districl established lor improvements to either public salety. ftood control or
parks which are neoessital8d by Development Such lunds may be used to provllle improvements including
1
I
Ordi nance Number /0210
,
acquisition, conBlruction. eqUipment, and serviceS.
N. JURISDICTIONAL CONFLICT means a condition invoMng two or more govemmental agencies
having approval pawers CMlr the improvements required by this amendment and ordinance.
O. LINK means !hat sec:lion of road or street between Intersecting roads or slreets, or on-ramps. but
excluding the section of road or slreet where trallic is inlJuenced by an Inlerseclion ot roads. streets or ramps.
P. MAJOR ARTERIAL mearis a roadway designed as a six-lane divided roadway, with a typical right
of way wldlh 01 120 laet and a roadway width from curb 10 alrb 0/102 feel. A major arllIrial should accommodale
belWeen 30,000 and 45.000 vehicle lrips per day Major arterials carry a large volume of regionallrallic not handlecl
by the Ireeway syslem.
O. MEASURABLE IIIPROVEMENT means an Improvemenl which equals no less than one.haIf [112]
second 01 average vehicle delay at any intersection and equals no less than ona (I) percent of !he average daily
IrafIK: on any link. and is required in addilion 10 mibgating the impact ollhe Development.
R. MEASURABLE TRAFFIC IMPACT means a volume of Irallic which will resull in an increase of one
hall [112] sec:ond of average vehicle delay al any intersection or an Increase 01 one (1 J percent of the average daily
~c on any link.
S. MIXED/BALANCED USE DEVELOPMENT means a Development which will reduce traffic volume
oulSide lIle Development boundaries by providing all or most of Ihe needs of users within Ihe Development bounda-
ries. Including but not limiled to housing. commercial. office and IIghl industrial development or other employment
generating uses.
T. :IIODIFIED MAJOR ARTERIAL means a roadway designed 10 accommoc:lalelrallic volumes when
a mejor arllInal highway is necessary in already daveloped areas, but a lull 120 '881 01 right of way is nolleasible
due 10 existing structures or topography. A 100-1o?i right of way may be developed.
U. MODIFIED PRIMARY ARTERtAL means a roadWay designed 10 accommoc:lale traffic volumes
when a pnmary artenal highway IS necessary in already developed areas, but a iuD 100 leel 01 nght of way is not
leasible due 10 existing structures or lopography An 80-1o?i right 01 way may be developed instead.
V. NOH-EMERGENCY means a arcumstances, other then an emergency, where a reasonable
response time is required bul is not lile or property threatening or urgent in nature. This is nol routine calls.
W. PRIMARY ARTERIAL means a roadway designed as a Iour.lane divided roadway, wilh a typical
r'llhl 01 way width of 100 1881 and a roadway width from alrb 10 curb of B4 feel. A primary arterial should
accommodale between 2O.!lOO and 30,000 vehicle lrips per day.
X. PRO RATA means a fair share based on a Development's impects.
Y. REGIONAL PARK means a park which services a grealer population lhan a neighborhood or
communl1y pe,k and whICh shall be prOVided .n a ,allo of two (2)ecres per 1000 persons reSiding wilhin the Devel-
opment Such regional parkland may be provided off site, and a pro rata share may be paid into an improvement
lund. Cred~ shall be granted for regional parkland already dedicated for said Developmenl.
Z. RURAL means all areas not developed lor an urban use, or not master planned for an urban use.
AA. SCENIC CORRIDOR means a corridor of open space used 10 insulale uses trom one another. and
10 preserve a scenic and aesthetic barrier between urban uses and natural uses, and between lransportation uses,
the urban environment. and the nalural envlronmenl.
BB. SECONDARY ARTERIAL means a roadway designed as a four-lane undivided roadway (no
medianl with a width from alrb 10 alrb 01 64 teel. A secondary arterial shoulcl accommodale balween 10,000 and
20,000 vehicle !rips per day, A secondary arterial serves as a collector,.distribuflng traffic between local strealS and
major and primary arleriaIs, While some secondary arterials serve as'lhrough routes, mosl provide more direcl
access from davelopment
CC. STANDARD LEVEL OF SERVICE [TRAFFIC CAPACITY] means lIle level 01 service lor the
transportation system shall be Level or Service 'C' or beller for all arterial highway links and level of Service '0- or
beller lor all arterial intersections during peak hours Monday Ihru Friday. Levels of Service shall be defined by and
computed using the methodology contained in the 'Highway Capacity Iotanual". Special Report dated 1985 by the
Transportation Research Board of the Nalional Research Council. including any subsequent revisions,
DO. SUPER STREET [ARTERIAL) means an arterial which, lor its lunctional c1assWication, has an
enhanced level of tralfic-c:arrylng capacity lhatlS aclueved by a variety of measures as defined in the County 01
Orange's general plan transportation element.
EE. TOLL ROAD means a highway open 10 tralllc only upon the payment of a direct 1011 or lee Toil
roads shall be bui~ tIlllle standards for Iransportalion corridors and freeways.
FF. TRAFFIC IMPROVEMENT TRUST FUND means a lund or assessment distrICt, Mello.Roos
assessmenl districl. or olher benefit assessment district. established lor the sp8Cllic purpose of collecting said funds
and improving intersections and links,
GG TRANSPORTATION CORRIDOR means a mullimodal lacilily, evenlually having SIK or more lanes
based on proJ8Cled Irallic volumes and a median 01 sufflClenl width 10 be utilized In the lulure lor Iranslt considera-
bons such as fixed rail or high occupancy vehicles. The corridors shall proVIde lor high speed movement ot
vehicular lrallic where projected volumes exceed major arterial highway capacities. Thase routes shalllunction
similar to Ireeways and expressways and may eventually be incorporaled into the Ireeway and expressway system,
Therelore Ihey are designed to meet minimum State and Federal standards, Transportetion corridors may be 1011
roads.
HH. TRANSPORTATION SYSTEM means the artarials delined herein, improvement 10 which are not
precluded by Slate or Federal regulations or agencies.
II. TRANSPORTATION SYSTEM MANAGEMENT PROGRAM means a series of required and
voluntary actions which reduce the vehicle generation rate of a specific use or uses of land.
JJ. TRAFFIC STUDY means a report on traffic 10 be prepared by a traffIC engineer licensed by the
Slate 01 California.
KK. USE AND OCCUPANCY means the occupancy of a structural portion of a Developmem pul10 the
use for whICh ~ was intended.
LL. URBAN means all uses which are n01 rural. agricultural, estate. open space, conservation, local or
regional park, stale or national ,park.,
I
I
I
Ordi nance Number ~e21o
.,
...
s.ctlon 5. EllEIIPTIONS.
The IDIlowing a.. e-.pllrom lhe provisions .1 this amendment and ordinance:
A. Any UIO which has no measurable inpact on thl S1Bncf8rd Level of Service. or an 8dvIrse impact
on Adequale Service levels. 0ensi1y reductions whICh resutt in no measurabll impact or 8dvers1 impact shall be
encouraged.
I
B. Any commercial or inclUSlrial development whiCh hIS all of lhe loIlOWlng: a gross n_ ..ea aquaJ to
or less than 10,000 square Ilet; a builcleble lloor area ralio 01 IISS than 0.5, Ind an a..rage deily trip genll'a1ion of
less than 130 dilly Irips: on an eXISting 10:
C. Any Iour.pex.. or lesser numbered multiple dwellings on a single existing 101; or any single-family
rBSIdIn1iaI units on a lingle ellisting 101 or existing parcel;
D. Any agriculluraJ use. open spce. conservation and passive usepartc:
E, Any rehabilitation. remadaling, or addition which equals or IS less Ihan 50% of the lxisting square
laoIage of an existing residential Sll'ucture. or en addition which equals or is lass lhan , 0% ollhl exisl'ng squ..e
IooIage. or , 0.000 square leelwhichever is less. of an other structures.
F Any rebuilding of an axisting development damaged or destroyed by fire or natural disaster if uses.
and square 1001age remain substantially Ihe same
G. Facili~es provided to pro1ect Ihe health and salety 01 the peopll, which shall be defined IS
hospitals, poloce, '"e and salety facilities and schools;
H. Public benefitlacil~ils. which shall be defined IS publiC libranes, publoc adminlSlrallon lacilities.
publiC ublhles, and religious laCllolils; and
I. Any structure appurtenant to an eXisting structure. Dr any minor "leration In connection with an
eXISllng structure.
Sec:lIon &, IMPLEMENTATION.
I
A. Upon the effective elate 01 this inolJabve. lhe general plan 01 the CI1y shall be deemed to be
amended 10 contain these concepts and Intorced IS SUCh by the City. Where Ihe 'nolialive IS In confloct 011111 o1her
aspects 01 the City.s Zoning Code or olher ordinances and regulations. the terms of this amendment and ordinance
shall preveil over such o1her enactments The CI1y shallwo1hin sill (61 months revise the text of the general plan and
other ordinances 10 specilicaJly reflect the p,ovis,onS of this amendmlnt and ordinance.
B. In the interim, development not exemPted herein may be approved iI the CI1y adoplS lindlngs IIIaI
said Development!slare consislenl with the provISions of lhis amendment and ordinance.
Sec:lIon 7, AMENDMENT DR REPEAL.
A. This amendmlnt and ordinance may be amended or repealed only by e malonty 01 lhe VOlalS at a
general elactJon.
SectIon 8. SEVERABILITY.
A. N any section. subsection. part, subpart, paragraph, clause or phrase of this amendmant and
ordinance. or any amenclment and ordlnanCI or rav,s.on 01 this amendmant and ordinance 's for any reason hald to
be invalid or unconst~utoona/.lhl remaining slCtlons, subsec1lons, parts. subparts, paragraphs, dauslS or phrases
sha' not be affected. but shall remain in lull force and effect.
I
Ordinance Number ~~)7~
,
PROOF OF PUBLICATION
12015.5 C.C.P.I
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or interested in the above.entitled matter, I
am the principal clerk of the printer of the
S[AL BEACH JOURNAL
....................................................
....................................................
a newspaper of general circulation. printed
. WEEKLY
and published ..................................
. . SEAL BEACH
In the City of ..................................
County of Orange. and which news.
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange. State of
California. under thedateof...?7.~~, 19 .:1.~.
Case Number .ABZ5,61....; that the notice,
of which the annexed is a printed copy (set
In type not smaller than nonpareil I. has
been published In each regular and entire
issue of said newspaper and not in any
~ supplement thereof on the following dates.
It: I
1auJt rq..... ~.~~.....q/7l!..t!:YL
al(in the year 19..Z:e f
I certify (or declarel under penalty of
perjury that the foregoing Is true and
correct.
SEAL BEACH
Dated at.........................................
Cali1"rlthiS.... ...dayO'~? 19.a!Q>
.....U'lLt. )?tt.7117W.ZI1R,c,. .'
Ignaturef-
Fr.. CODlel 01 '''IIIIII.nk torm moy ... IIcure" trom:
CALIFORNIA NEWSPAPER SERVICE
BUREAU. INC.
Legal Advertising Clearing House
120 Wesl Second SI.. Los Angeles, Calit. 90012
Telephone: 12131625.2541
Plu.. r.."o.1 0 E HE R AL Pro.f.f P"lt.Iko.lon
.....n .r..,.,n..II'. form.
This space Is for the County Clerk's Filing Stamp
I
Proof of pC3falblicatio f
. lV)Q,
......,......, .................L....~......
................. ..J..~.7.Q......................
Paste Clipping
of Notice
SECURELY
In This Space
!~===~~UN'
.ClL OF THE cm OF SEAL BEACH,
CALIFORNIA. CALLING AND GIVING
IlOTICE OF THE HOlDING OF A
;SPECIAL MUNICIPAL ELECTION ON
.1UE_V. JUNE 7, 1!IBB, FOR THE
.SUBMISSION OF A PROPOSED IN.
.I11ATIVE ORDINANCE AND ORDER.
ING THE CONSllUDATION OF SUCH
SPECIAL MUNICIPAL ELECTION
WITH THE STATEWIDE PRIMARV
ELECTION TO BE HElD ON JUNE 7. .
1!IBB.
WHEREAS,...-lID""""" .....
_..,_.polItIan.......n
.BIIll_tIII.....-badraltlll I
CItr a15101_, CIIIfamI.. ....
Ill'" lIDO"" ..1101__ 01
, till""" allIIiItIIod _.. aI
. till CItr ID _. . ...-.s 'II'
. d__rwID_II_'
ond TNIIIc 00ntnII, ....
WHEREAS, till air CIIdl_ tI10
...minltfon at till recordI of
....A.lll'ld........ tbIt
tI1opolltianll.......,tI1o_'IIto
. _al_..... .....cor.
.._,ond
. ~EAS. till CItr Council ... not
. _In _ aI tI10 odoption or-the
onIlMnCe; IIMI
WHEREAS. tile CllJ COUncil I.
--....._..,_ID
" __ till ...-.s ....,n.... ID
,:.tIII_ .
~'NlIW, THEREfORE, THECI1YCllUN.
r' CIL'OF THE CI1Y OF SEAL ~.
/CAUFPRNIA. DOES RESOLVE.
'1lEClARE. DETERMINE AND ORDER
, -AS RlWlWS,
!'SECI1ON '.1, TI10l puIIUIIllID tI10
. ~ _1..u6 ole. CIwtIr at the
:, -Cltral5lo1_,_IsCIIIlcl
. ond_IDIII_lntl1oCllJ
'.: of.... _. Collfamlo, ell 1110I-
I;~ .......... 7, 1!IBB, . SjIociIl
. .MIIIIcIpoIE_lartl1o_
., ,of ___ tI10 ""....... In.
I:.!=~~
...T_._ --.... I
"DnII_1II1l1a1l11ld7
'YES.
IftO:'~.
'1EcnoN 2. 11101
. 1n1__..bm_ID.
-.:tIII_II__E>hlbll
,~ II"",
sEcnoN 1J.'Tho SIIocioI Munldpol
, _......, colllll""nI tI10
~: __In__lIIcl....1I
III nI Is ......, _ ....
IOII_d wllh l/Io SlIlnid.
, PrI...., E_ ID III IIIId on
i JuM 7. 1988. Tho .'oct'on
. _'nclI, poIUrw p_. .nd 01.
- -.aI.._....lll11t11o....
____lntl1o_coll.
. ... . IIlI'idIna Iw . IlIlirw .
Ordinance Number ~~~
I
doII....U.. 11II precincts, polnl1l
plica IIId _ alii.... I. the
City crf S"I B.och lor th.
S~ Prim", _ with
which 11II 5pocIoI Mu.ldpol Eloc.
tion callld br thll OnIiMnce is
__,Tho_vlSU.....
wi... III 0nI.., County Is -br
_1nd1D_1III_1da-
. tIon vi tho SpocIoI M_lpoI EIoc.
~ .lIOn ~ ..11ocI IOith u1d S....
~. -. 0.1.._.. II U .....Iftd eM
01: EIKtion DlPlrtmlld at Ora.
County II.....,_ID...-
.. the retums of lIid Speciel
M...lcipol Eloclion. oncl.1d lIec.
tIon IhIIII bo hold in .11-'" IS
IIthn_IIIIy...._.....
IIIIy _form III boIlol. ....., 11II
........ used II .Id Prim", Eloc-
Iian IhIIII bo _, Sold E_
Deportmenl III 0nI... County IhIIII
corlilyllll_IIIv1I111......o'
the returns of Slid Special
Mu.lcl"" EIoclIan ID 11II City
Council vi Mid City .... IhIIII
u.r.ftlr dlCl... tile mults
-,
SECTION I. Tho polio lor Mid lIocllan
IhIIII bo oponocl II 7,00 o'clock
..m.llll111dIJIII..,lIoclion....
shill .......in open continuously
tram that time until 8:00 o'ctock
p.m. III.1d dlIy. when .Id polio
IhIIII becl_ acepllS__
In Section 1430111 the Elections
Clldo vi the Stole III Clllllami..
SECTION 5, Nali.. III tho ti... .nd
place of hDkfina: uid election is
. hnbr Ii'" ad tho City Clerk Is
honIbr _.IIIIlIucIId..nd
di_lD", ..chili__
or.1d 01_.. _lnId br-.
SECTION 6, PullUonllD Socllan 116
or 11II City CNrIDr. this Onli..nee
sh.n IIko eIlocl .,d bo In Iorce
Immodillllly upon lIS Idaplilll.
SECTION 7, Tho City Clerk IhIIII
..l'IIfylD 11II _ oncl odaption
vi this Oldl..... br 11II ClIy Coun.
cll....1hII1I....11II ....ID be
pubI_ IS ....uinld br I....
PASSED. APPROVED AND ADOPTED
br th. City Council or 11II City or Se.1
BOlch. CIIIllamill. 1I......1or _'..
11II"" hold III tho 7th dIJ or MllOh.
1988 bv thllollowl/lJl....,
AVES: aift, Grps, Hunt Risner,
Wilson .
NOES,
ABSENT,
ATTEST,
JOANNE M. YEO
CIIy Clertc
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, JoInne M. YIG. City Clerk or Ihl Ci-
ty a/Sul Beech. Clllllomil, do hIrIby
cOlllfy Ihol the fore8oil1l OId,nl'" is
the orilinll copy of Ofdlnlnce Number
1270 on file I. the alliee or 11II City
Clerk. i.lraduced, possed. _d
and edopled. In Uraency Ordinance
br the City Council or tho CIIY or Sui
- III _"1_ hold III thl
7th dIy III Morell, 1988, .... do
hIrIby further eel'llfy 11I11 Ordl..nce
N.......1270 his boori puI>Iillhld pur-
IlIInlID IIlo Sui _h Cil)' Chorter
end pursuant to any other Provision of
low. .IOAIl1E M, YIO
MIy 5. 1988 _ CIty C1ertc
Publilhecl in the SuI 8uc:h Journ.i.
CITIZEN.. __ GROWTH -
AIlII TRAI'I'IC CONTIlOL
AMENDMENT' ORIIINANCE
INITIATIVI! PETrrlON
To IIle Sui Booch, CIIIilamio Cil)'
Council: .
Thllollowi"l WIS published 111 .luaus!
20, 27, 19B7 I. sUI _ Joumol
by Barba,. Rountree. Member
Cltizons lor Sensible G_11Id Trot:
IIcContral,
NOTICE 01' INTENT TO
CIRCULATE PETITION
CITIZENS' 8ElI1I1LE GROWTH
AND
.. TRAFFIC CONnlOI. INiTIATivE
Notice IS hereby ~ of the intention
at the persons whose names appear
hIreon to circulate within the City of
Sell Beach I petition for the purpose
or _111" CI....ns. Sensible GIowth
and Tnlffic Control Initiative IS 8n
amendment to the City Generll Plln
and Ominence. A stltement of the
reasons far the proposed ICtion IS con-
templated In uld petition are IS
101_,
I
None
m;; None
EDNA ...L8ON
I
THE PURPOSE OF THIS INITIATIVE
PETITION IS TO ENACT A
GENERAL PlAN AMENDMENT AND
ORDINANCES WHICH WILL
ALLEVIATE PRESENT AND
FUTURE TRAFFIC CONGESTION
ON THE STREETS OF THE INCOR-
PORATED AREAS OF THE cm AND
TO INSURE AN ADEQUATE QUALI-
TY OF LIFE FOR THE FUTURE.
GROWTH AND DEVELOPM ENT
HAVE OUT PACED THE ABILITY OF
GOVERNMENT TO PROVIDE. AND
MAINTAIN THE STREETS, AND TO
PROVIDE, MAINTAIN AND STAFF
THE PUBLIC SERVICES REQUIRED
TO MAINTAIN THIS QUALITY OF
LIFE IN THE cm.
THE CITY COUNCIL SEEMS
UIlAIlLE TO SAY NO TO THE RE.
QUESTS OF DEVELOPMENT IN.
TERESTS FOR APPROVALS OF
DEVELOPMENT IN SPITE OF THE
INABILITY TO PROVIDE ADEQUATE
ROAD CAPACITIES, PUBLIC SAFE.
TY SERVICES, FLOOD CONTROL
IMPROVEMENTS AND PARKS TO
SERVICE EXISTING AND FUTURE
DEVELOPMENT. THE VERY
REASONS WHICH THE CITIZENS
OF THE CITY STAYED OR CAME
HERE FOR ARE FAST
DISAPPEARING.
IN AN ATTEMPT TO COME TO
TERMS WITH THIS PROBLEM.
MINIMUM ACCEPTABLE STAN.
DARDS MUST BE MAINTAINED,
AND DEVELOPMENT WHICH
WOULOCAUSE TRAFFIC AND SER.
YICES TO EXCEED THESE STAN-
DARDS MUST BE RESTRICTED UN-
TIL PROVISION FOR TRAFFIC
CAPACITY AND SERVICES IS IN
PLACE. THE PEOPLE OF SEAL
BEACH MUST TAKE A LEADER-
SHIP ROLE AND ENACT THIS IN.
ITIATIVE AMENDMENT AND
ORDINANCE
The Inltiltive end Ordmance provides
lIuIl,
1 The City Council shill Ippnwe new
development onry where the
raultlna traffic will not cause or
mike WOI'Ie end unacceptable
level of traffiC.
2. Tho City Council shill proyide Ide-
quite traffiC capacity on all
..,iall_nd IdeqUlte public life.
ty, flood contfDl and parks wlthm
the incorporated aa of Seal
Belch and maintenance and staf.
fln. for saM:! infrastRlcture before
IPProvina; new development.
It is the intent of this InMiatlve
Amendment and Orchnance to permit
deveIopmenIlIuIl will nlll........ ex-
Istllll traffic, public safety, flood con-
tnJI and park problems.
BIIbarI Rountree
Member, Citizens for Sensible Growth
8nd TrlfflC Contral.
~ -11-
TIle IIII1I1xl 01 tho CItizens' Sensible
Growth IIId Troll'c Contrall.iUlU", IS
In lmendment to the City ""eral
plan, specific plans Ind orelinlnces IS
printed In full within this booldet.
-III-
rt is the intent of thiS proposed 'n.
Itllth.e ordinance to apply to III
dovelopmen! projeclS not_ prior
ID 11II ocloption 01 this CIIIO_nl.1Id
anhnance by the Voters.
-IV.
CIrIZENS' SENSIBLE GROWTH AND
TRAFFIC CONTROL INITIATIVE
THE PEOPLE OF THE CITY OF SEAL
BEACH HEREBY OROAIN AS
FOLLOWS,
A. The intent and purpose of thiS
ImIndment and orcbnance is to secure
tar the citlUM of the CIty the social
and economic alvantqes which result
from ute and effiCient 8CCISS to
employment, housil1l.lnd public Ind
privoteSOlVices.IlldID_lnd
........1Ile public _. .lel)' ond
-- -....
B.lt is the Intent and purpose of thiS
811endment and ordinance to pMlrve
the quality of life and environmental
valulS or Ill. citizens or the CIIY
thnJUlh measures which are within its
althority and which relate to City con.
cerns. even thoup it is acknowledpd
thIt the traffiC pmblems currently af.
fKt1na: the City are not entirely Within
tho City's control, .
"
C. II is 11II inIInt....pulJlCllOoIlhis
amendment and ordinance to acheive
. ballnce between system Cllpecity
8IId density IlIocation;
D. ft is 11II Intonllnd PUIJlCllO 01 this
..ndmlnt and ordinance to balance
dImOnItrItId trlnsport8tion needs
and rDldway constRiction without
~"I or dioruptil1l _blished
nelptIorhoods Dr communltiesi
E. It is the Intent and purpose of this
II'I'IIftdment and ordinance to set a
bIIIlinl far the traffic CllPlcity which
.. nteelSlr)' to maintain and improve
tho quolllY or llle within 11II CIIY:
F.111s1llo intent.... PUIJlCllO or lhls
M1lndment and ordinance to set a
. blllllnl far the pnwision of adequate
public services which art neceSSlry to
moI","i. ....lm_1he quolilY or liIe
. wlthl. 11II City
_I: flllDI_
A. This amendment and ordinance
is nICIISIry to protect the pubhc
hellth, ....ty. and welfare of present
n11u1u.. _nts 0111II C'IY Ind the
reaion by avoidl"l unnecessary and
deleterious traffic conpstion. This
depends on a regional transpcftltion
system thIt provides life and efficient
access to emplorment, housing. and
public .... private services.
B. The capacity of much of the
~on .,.lIm or IIle CIIY hiS
bien uceeded. or is reaching capaci-
ty, cMlsin. the system to be nelthel
III. nor efficient. TraffiC conpstlon
which exceeds a reasonable level of
service increases the risk of traffiC Ie-
cl_, hinders 01 blocks the pISSIP
of public safety vehicles, causes or
conttlbutes to Increases In air pollu-
tion, wastes fuel. _rades the Clty'S
economy, contributes to lost produc-
tivity and promotes stress both on the
roadways and off, and pnerally
depldes the quality of life within the
City.
C. Traffic studies indicate that ex-
istlnl, approved, proposed Ind future
developments In the resion will pro-
duce unacceptable levels of traffiC
conll5tlOn. If the seneral plan and
specific plans are not amended to
establish reasonable standards for traf-
fic capacity which relate future growth
to that CllPlClty, unacceptable levels of
service an many streets and intersec-
tions will result.
O. The cumulative impacts of land
development. exisllnl, approved, pro-
posed and future. In the incorporated
na of the City contributes significant-
ly to the unsafe and Inefficient condi-
tion of the transportation system. It is
recagnized that where the system is
already heavily Impacted It will take
addecl effort to reach In acceptable
&evel of traffIC capacity
-E. Rellevina; the present OI/Ilburden-
iAl of the regional transportation
system requires the achievement and
maintenance of adequate traffic
caPlcity and proviSions far adequate
10"1 term maintenan:e of the system
15 mandated by this initiative. Unless
I baseline tor peak hour tl'lffic Cllpaclty
is established which is reasonable and
CIIn be met. future development WIll
overwhelm the transportation system.
F. Where Transportation System
Manllement PrDlrams are establish-
ed In an effort to reduce traffiC eenera-
tion. it is necessary to establish an an-
nual fMlluatlon procedure to assure
thIt the assumptions which fed to the
appnwal of such proarams are ,n fact
stili valid.
G. WhenI a substantial change in
use results in an increase In traffIC
pneratlon. It IS necessary to establish
an evaluation procedure to assure that
_ the cha. in use maintains the same
ImPlct on the transportation system.
H. Urban development which abuts
transportation corridors and freeways
requires a barrier between transporta-
tion uses and urban uses in order to
preuent the intrusion of liatat. noise,
and air pollution from the tl'lnsporta-
tion flcility on the developed areas.
and to prcwidethe facility user with an
.aesthetlC cone of vision, mher than a
view of urban development.
I. Urban development in future View
corridors along new or Improved
artenals In enVironmentally sensitive
areBS will cause a loss of aesthetically
pleain. views
Ordinance Number /~7o
.
J. Where gentfll pl." amendments.
specific pI.RS IrId mclln.nets have
been IPProved for specific nas, but
trlfflc eKelcK the capaCity of the
trlnsporltion system, they mUll be
reevalUited end I'IIVlud 15 necessary
to echleft densities which permit I
qu.llly of Itfe consiltent with or better
thin whit exists currently
K. lDss of Inlmal ml&fetion routes
through tutu" transpartation systems
c:antrlbutes to the dqrldation 01 the
nftIfIIl environment and trips wildlife
between transportation systems.
creatin. . conflict between huml,"s
and wildlife. and pasinl_ threat to
Vinous species.
L The cumulative impacts 01 land
development,lIlstln.. .ppraved, pro-
posed and future. In the incorpol8ted
lrea of the City contri~ sianlflClnt-
Iy to the need for essuranc:n thIt pre-
IMt and future public ..." tIaocI
conlnllonclporkoystemsllld_
will continue to be &VIiI.ble to the
public In . mlllner that assures In Ide-
quite qu.lity 0I1i1e.
M. The present overburdenin. of the
public Slfety, flood control.nd park
systems requires the restoration Ind
maintenance of feeilities. serviCes and
stafflRl, and the ldequate Ionl term
maintenance of flcllitles. .nd services
'5 mandated by this initiative.
N lncfe.sed flood -hulrdS m
IlreMfy urbanized _Ire I silJ1lflcant
concem. As the city IS further urblnlZ-
ed, flood hal_rei lnertnes. Many por-
tions of the city are withm a flood
hazard area. Management Ind reduc-
tion of !Mcrelsed runoff is necessary for
the health.safety Ind pnerll welfare
01 the Citizens of the citv. .
O. There Is a need for acquisition of
additional nei&f1borhood and com-
munity parks and development of ex-
istlna: nellhborhood and community
plrk land, accessible to pedestrilns.
Ind providing adequate recreational
facilities within development .eas,
thereby decrenl"l vehicular trlfflC to
local parks elsewhere. There IS I need
for ac:Iditlonll regional plrks which pro-
Vide adequate recreatlOnll flCilitia for
an area IS a whole and Nlie. the over.
crowdmlof existin. regional facilities.
P. Inadequate public safety services
have adverse Impacts which dll"ade
the CIty's economy, contribute to loss
of lite and property. and promote
stress These factors require that pro-
vision be mlde tor adeqUlte levels of
blUc public services and facilties
1) It IS necessary that provision be
made for the fundlnl, construction,
mlintenance and operation of current
and future public services and flcilities
which Will malntam current or better
levels of service prior to Ipproval of ad-
ditional development.
2) It is necessary that provision be
made for adequate public Slfew staff-
i nllD save lives and property, reduce
crime and trlfflc accidents, and
reduce stress, thereby ImprovlMl
public health, safety end pneral
welfare.
Q. The deleterious social end
economiC impactladdressed herem
mandate that the cwemdlnl cons&dera-
tion for approving a Development be
the establishment of a baseline for
adequate traffic capacity. public safe-
ty services, flood control and pwks,
and the preservltion of eXlslln.
neiJhborhoods and communities.
R. To essure availability of fundmE
for needed Improvements It IS
nlClSS8fy to mandate that Iny funds
collected for said improvements be
sqrepted Ind actually spent within a
specified time period on specific Im-
provements. thereby assurinl that
these funds are not diverted to the
..neral fund IIld tn...fore dlSSlpated.
S. It is neceSllry to IlIow a
,rusonable time lapse between IS-
suance of buildlna permits end the
campIellan oIre_ improvements..
IIIat funds may be collected end con.
struction undertaken n mandated
herein.
T. The cwerridina coMiderltton in a
Dno_nt _lis not the short
term economic pin which lCCI'Ues
from Ipproval ~ I Development. but
the 50nl term benefit which accrues to
the clttzens from a ballnclnB of en-
vlfonmentll values, system capacities
Ind reasonlble densities which the
aavemmentll entity can Ifford to
seNice.
U. Unless tUtUre .,Mtti is directly
related to the availlbility of Clp8Clty in
the trensportation system.1nd the CI-
ty's ..neral plln elements. speCifIC
plan and ordinances .. nnr_d to
allocate densities based on that
ClPlClty, tne City will not be 1IIl1. to
echieVII the StlRdlrd Level of Selvlee
mlndated in thiS amendment and
Gfdil\lnce.
~ V. Unless 8dequate trBffic CIPIClty
IIld bellncld.,-.llCCllI tne Citywlll
eventulUy lXpenenee a condition
known 15 "pidlock" and the reult will
be tne loss 01 business OIlIlClrIUnllles,
Jobs, end . reduction In _rty
vllues.
,..1I0n 3, GENERAL PLAN
AMENDMENT AND 0IIIIINAIlCE.
To the muimum lltent IUthorlzed by
aistina State and Fedlllll L8w the
foil..... shill be.done,
A. PrIor to approval 01 adoption.
whichever comes "rst, of I llnerll
plln Imendment. specific plln,
precise plan. lrea plln. zone chi.,
tentative trect or parcel map, whether
.PIJIOVId. propmed 01 future _lap.
ment, far . Development. theStendlrd
Level of ServICe shill be achieved Ind
mllntlined fa' all erterills to which
Slid Development contributes
measurlble trlfflc. Slid Development
shall not CIUse the trlnsportltion
system to operate at conditions wane
than the Standard Level of Service.
I., Notwithstandina: Iny provision
of Section 3 to the contrlry, I pdina;
permit or buildll'1l permit, whichever is
ISSUed fust for Slid Development, may
be approved or Issued in the followinl
circumstances'
I) When the existina transpor-
tation system is operltmllll: a level of
service equll to or better thin the
Standard level of Service; and
1) Said Development does
not cause the tnlnsportItion system to
operate at a level of service worse than
the Standard Level of Service; or
2) A Comprehensive Planning
and Improvement Propam to maintain
the existinl level of service on the
transportation system Iffected by said
Development, which the Development
participates In, has been adopted by
the City to malntlin such Standard
Level of Service.
b).When the IXlstinl transpor-
tation system IS operltinl at worse
than the Standard Level of Service;
and '
U Such approval or issuance
rtQuirec:l for a Development is conch-
tioned upon the requirement that the
Development', meesurable traffic does
not ause the transportation system to
operate at conditions worse thin the
existlnl conditions and where I
measurlble Improvement is achieved;
01
2J A Comprehensive Plannina
and Improvement proaram to achieve
I measurable improvement In the ex-
istlnllevel of SllVice on the transpor-
talion system _ br SI,d Develop-
ment, which the Development par-
ticipates in. has been adopted by the
City to Ichleve such Standard Level of
Service.
c) Where there is a reQUirement
imposed upon I phased Deveiopment
pursuant to thiS Section 3 fa' the pay-
ment of costs Into a Comprehensive
Plll'lninElnd Improvement Proarlm,
such costs shall be payllble serially IS
to uch phlSl of the Development, in
conjunction with the imprauements.:;.
comphshed lWi not in one payment tor
the entire Developement.
2. Where a Transportation System
Mlnalement proaram IS used to
reduce project related vehicle trips,
said proaram shill be edopled only if
substantial evidence is presented prior
to development approvlllnd findinp
are mlde \hit the percentqe of trip
reduction attributed to Transpartltion
System Menqement IJIlllIIlIms .....
been and Continue to be mlde In the
City for a simillr project Said reduc.
tions must actually occur
I) When I Trlnsportltion
System Manqement Pl'OIram Is Ip-
proved, I conditlonll use permit shill
be issued. and I yearly report prepared'
by the City at the llPense of the
developer Of bUSiness owner, to show
Slid vehicle trip reduction has been
acheived and maintained.
b) If Slid reductions _ il.
lusory, the conditional u. permit shall
be reevalUlted IRd IdditioRlI conch-
tlons imposed in order to meet the re-
Quirements 'of thiS amendment and
ordinance.
c) Prcgraml and policies such
IS mixed 01' balanced uses. flex time,
stlllered shifts Iimltinl truck traffiC,
_IFinl filly [SOl percent 01 the
.m~ br County residents. end
pnwision of tmpqee hDuSiRl. may be
used to implement I Transportation
System M.n......nt Pqrem.
3. Each Development approved
under the terms of this lmendment
and Initiative shill be reevaluated
when III)' chin.. in use occurs which
is expected to Incruse the traffic
IIBnerltion tor Slid Development The
purpose of the ....uatton IS to assure
that trlffle capacity is available in the
transportation sptem. .
4 lleoelapm..I....._.
tion cooridors and freeways shill pro.
Vide for scenic corridors adjecent to
uch side of Slid facility. Arterllls built
or expanded in envlronmen\llly sen-
sitive areas shall be treated in asimillr
mlnner.
I) In urblnlzed IfI8S 1101"1I these
routes I minimum of thirty (30) feet
shall be maintained and huvlly land-
scaped to screen the developed areas
and the routes. This provision is in-
tended to prevent the Intrusion of li&ht,
noise and lir pollution from the facill.
ty on development.
b) In rural and undeveloiiiCl"
IrelS this provision is Intended to
maintain the netul'.ll or native plant
"cover and terrain 100 to provide facili-
ty users with a sense of the IUral en-
Vironment which previously existed.
Artenals bUilt or expanded In en.
vlronmentllly sensitive Ifill shan be
treated in I IImil. manner.
c) Where nec.Slry. animll
migration corridors shill be provided.
B The City shill revise its zo",nIOl.
dinances and adopt zoni"l which con-
forms to this general plan Imendment I
and ordinance. The City shalllllocate
densilles IIld ph... ap~ _lop-
ment to ensure that future &rowIh doel
not exceed an acceptable Circulation
capacity which is Standard Level of
Service Ind ensure construction,
malntenlnce and operation of side
facilities, Ul:ept temporarily _ permit-
ted herein.
- 1:: Prior to op;;;"1 01 adopt,on,
whichever comes first. of I pneral
plan. ............ -"Ic pi... prease
Pliii:-niplln:"".' che.... iOiilllti..
tract 01 _1_. wheth.. lIIlPIlllO!d,
praposed or future Developement,
Adequite $livice ..Lhels sh." be
echieved and maintllned tor police or
sheriff. fire Ind paramedic services.
flood control improvements and
neaJhborhcxxl, ccmmunlty Ind fllional
parks to which Slid developments con.
tributes en Idverse Impact. Slid
OevIkIprnent shall not cause t:t.. SIr-
vie. to operate II. O)nditions worse
then the AdeQulte Service Levels
estIblished herein.
1. NotwlthltlndiRlany pavision
01 Section 3to the _tIIlY.' padinl
pennh 01 buildJ,. pennh. whl_ IS
_ first 101 seId Dnolopmenl, mey.
be_d OIl_In tne"'IIowI...
circumstlnces:
- - e) When the existlnl police or
sheriff. fire end paramedic service,
ftood central Ind parks '" operetInl
CI' provided at I level of service equal
to CI' bitt. thin the AdeqUlte Levels
of Service IS defined; II'ICI
1) Said Dnolopmenl does
not ClUse police or lherift, fIre Ind
pnmedic service. flood control or
...... to operate 01 be pIO'Iided II .
IMI of _rvice wane thin the Ade.
_ Level 01 Service, 01
21 A Compreh"'.... P1annlns
and Imprawement Prasrem to mlintaln
the exlstina level of service on the
police or shenff. fire end paramedic
~ice, flood contral or pn. systems
effected br Slid Dnolopment. whIch
the lleoelopment participates in. has
been .dopted br tne City to meinlllin
such Adequlte L.ewtls of Service.
b) When the existing police or
sheriff, fire and paramedic service.
flood contral or parks are operati"l at
worse thin Adequate Level of SeMce;
.nd
I
I
I
Ordinance Number
I
IlSu"'lIIP'DVIIar_
NqUirecl far . Developmint is candia
tioned upon the rtquirement that the
Developments impact doll not cause
police or sheriff, fire IIId ...medicl
service, ftODd _Iar ...... .,......
ID _ole 01 condltions__1IIIn tho
.iltlna: condltlOftllnd where, In 'Iet,
IlMISUfIble InlPl:~t is echeiv-
ed;cr .
2lA~PIonni..
n Impruvement Pqram to achieve
an improvement In the exIstirw level of
-.vice on thI polk>> or sheriff I fire and
pal'lmedic seviCl. flood control or
pili< "*"' _ by Slid 0...1op-
'!I~t. which the Development par-
t.CIPltes In, his been Idopled bIJ the
City to achieve Slc:h Adequlte l8vels
of Service .
. c) WMre there is. requirement
Imposed upon . phlsed Development
pursuant to Section 3 for the PlYment
of costs into I Ccmprehenslve Pllnn.
"'11I and ImpnMrntnt Program. such
..... ""'II be popble ..".IIy n ID
ad! phase of the Development, in
conjunct1on with the imprawements It-
camplishecIlnd naI in one pIyII'III'It for
the entire Devetopment.
2. New developments shall pro-
vide parkland In the foUowif1l manner:
II Slid community ,nd/or
noi&hborhODd parks ""'II be loolled
within reuonable distlnce for the
residents of the Development end sur-
raundina urben .... Nei....barhaod
and community park requirements are
not me! ~ the .....~... 01 open opece,
conservatIOn or ll!lronal Pirkl. Credit
....11 be .lIowed far the pnwlslon of up
III fofty [50%1 peltont of uid pili< reo
quirement by privldl! parks, Said parks
must include the improvements
necesury to mike them functionll.
bJ Hili....' pili< land ..d its
development shill be reqUired throuBh
In IpplOpnlte pro rill contribution or
ttwoup dedlCltion Ind improvement
thereto on I pro ratl buil when new
developornent is oppnwed. Said parks
must Include the Improvements
neteSIIry to mike them functioRlI.
3. Now developmont....1I pnMdo
for 100 year flood protection within
uid Development AnlI. New develop-
ment shill not increase the oistlng
downstrum pelk flow of flood Wlters
CI' runoff, Ind shall retlin the lnere.,..
~. cubic feet per IIecond (over the ex-
Istl"l cubic feet per second) due to the
Dewolopment... .noll/lti' tho peak "".
passed.
I) Where l00)Ur flood control
protection Ilready exists to the extent
thlt dDwnstrum properties 1Ft no
Ianpr impacted, Slid mention of In.
CI'II1Sed cubiC filet per second shall not
be required.
bl Said f100q cont..1 projects
shill be completed In In environmen-
tllly sensitive minner, preservina: the
existlnl drlinap course to the extent
fluible
cJ EJustl.. developed .....
....n rKelve priority in publicly fund-
ed flood control prqlCts in order to It-
tIIln protection from I 100,.. flood
in the near future.
d) Flood control retention
basins to be constructed to mlti..te
~Iopment INy be cosidrecl 00 I
master plln arwltirshed basis, i.e., a
besin may mlttpte man! than one
.' developmont "",joct.
D. The City shill revise its zoninj Of--
dil1lnces ancledopt mni,. which con-
fanns to this IJeMfII plan amendment
and ordinance. The City shalllllOCale
densitlties Ind phase approved
development to ensure that future
.-. shall not_ the City'. 11>111.
tr ID pruvldo O'*lUll> poIic. arllllerift
and fire pratlCtlon, pai ,'medic lervice
flood control imp"",llment and
neipborhood, ccrnmunlty and ",IORII
_ end III ensu.. u,.t construcl1on
.maintenance and apemion at PUbli~
and private services Ind facilities, In.
cludinl but not limited to pollee or
lhiriff, fire prolIc:bon, paramedic ser-
vice, flood control Improvements, and
neilhborhDod, community and rea:ionll
parks ""'" been .....ded OS n_1I'
to meet Adequate Service Levels as
defined herein, except temporarily 15
pernlltred herein.
I
I
:'."
;1.21 (J
,
. ~. .
E. w_. Comprallon.... Pllnnilll
end Improvement Praaram Ind/or
Trensportat.ion System Manqement
Prasram his been appnMd which en.
..... IIlal oach pi.- accomplish..
Improvementl which .qull the
.,....rabI. impact at that phase. Ind
whore tho Olllstl.. condition is warse
than tho S1a_ IIwoI of _leo, but
a rneisul1lbll Impralllment shall be
completed . required, phailll shill
be 111Dwed. Where the Histinl condi-
tion is ..... th.on tho Adoquote Sor-
vice lAwl, but en improvement shill
be complol8fl os ..qulrocl, pha.l..
IIhoIl be 11_.1lM1opmen1 Area or
individual developments shall retain
their oriJinll bGundaries for purposes
~ asessif'll measurable impect. 01'11'
....far the purpose oI_ina the reo
qulrmentl of this amendment Ind or.
dll1lnce ....11 be prohibited
F. Each )11lr the City shill update
and adopt I Development Ind Traffic
Monltarinl Report whICh shall assess
DIe ibillty of the system to-inaintain
Standlrd levels of Service for traffic
capacity, Ind.siquate service levels
for police or sheriff and fire protection,
paramedic seMCI, flood control im-
p~ment, Ind neiahborhood, com.
nunlty Ind rea;lOnal parks and which I
shall be used to evaluate development
prapouls and their cumulative im-
poets on the s,stem. .
G. Tho Cltr ...lIl1l1opl, Irter notic.
ed public hurlnl, findinl5 for each
Dewolopmont which certify that each
provision of this amendment Ind or-
dinance has been complied with bas-
ed on substantial evidence on the
record, Ind .t forth the manner of
amplllnc:e With IIch prawlsion and reo
quirement of Section 3 by Slid
0Ive1opment at the earliest time possI'
ble in the process.
1. At the tentaive InIct level or
.puvalent, such IS the pllnned
development IPPIQV'II or project Ip-
_IItM!I, uid O"'lopmont....1I be
revsewed Ind considered again In
adopted by the City (whiCh Slid
Development contributes to) to ICheive
such Adequate Levels of Service.
2. Hearlnl5 shill be noticed in a
newspaper of II!neral circulation in thiS
jurisdiction, with notices also sent by
first class mail to IlImterested assocla.
tions, IVOUPS, and individuals Notice
shlllllso be provided by other Ideh.
tionll means that the at)' deeml
oppropriate.
H. Where improvements are requll1ld
which cross Jurisdictional boudaries
Ind require that said improvements
shall be Ipproved by Inother respon-
sible lIeney, rather than the Develop-
ment's lead IlI!ney, the lead altney
and thl reponsible alency may
negotiate I solution in an Ittempt to
reconcile conflicts between elch
jurisdiction's aeneral plan. specifiC
pians and ordinlnces. Where no solu-
boo IS ruched, the improvement funds.
required shall be deposited in a trust
fund for use on those impnMlments
identified as necesSlry in the future.
I. Where transportation facilities or
other Improvements are required to be
completed hereunder, both principal
fundina or adequate security, Ind any
Interest KCrued shill be p1lced in a
trust fund for use on transportation
facilities or ather improvements reo
q&ured In no case shall Slid principal
,. interest funds be transferred to the
.....ral funcl or other imprcwement
fund. Surplus funds which exist after
Slch trlnsportation facilities or other
Improvements have been completed
may be transferred to a related In.
tersectlon or link fund, or in the case
of funds reqUired for other than
transportation facilities or other im-
pnwements. to a trust fund for related
Improvement.
J. ImplCJYements shall be completed
within three (3) years 01 the fast use
Ind occupancy for said Develaoment
fJI within five (5) ,ears att!r issuance
of IlP'ldina permit or building permit
for said Development, whichever
comes sooner.
K. Where the improvements require
to approve the Development at the den-
Ilty proposed shall crelte silnificant
adverse physical, environmental or
economIC Impacts on the ulstlng
neilhbOrhOOd or community, the den-
lity of the Development shill be revis-
ed and MlSll"ed to IlIeviate the
1Cfw:r5e impecls 01 both Ihe Develop.
ment and the required Improvements
L If Slid imPRWIments ere not com-
pleted within the prescribed time
periods within that jurisdiction, addl-
ttanll development shall be delayed,
and/or phned In such a manner 50 as
ID make no measurlble impact on the
systems referred to herein, until such
time u these. standlrds shall be met,
or planned denSltl1S revtsed so that
these sIlIncWd. ....11 be mot
M. Tbis seneral plln Imendment
and ordinance shall not aoerate to
deprive Iny landDwner of substlntial-
Iy III use of their property or otherwise
constitute a constitutlonll taking
without compensation.
_.4,
_ITIONS AND TERMS.
A. ADEQUATE NEIlIIlIIOIIHDOD
AND COMMUNITY PARK STAN.
DARDS means stlte standards shall
prevail for nlilhborhood Ind com-
munity parks.
S. ADEQUATE FLOOD CON.
TROL PROTECTION means f,ifOtec-
tion from a 100 yelr flood IS con-
aldered ldequate. Computation of ex-
Istl"llnd 100 yell' flood flows shill
be determined usina: the Oran.. Coun-
tr Flood Control Oistrict IOCFCOI
H)1iroICllY Manull. Existing 100 year
flood fkMs shall be based on watersh-
ed concIitlons sistin. on January I,
1988.
C. ADEQUATE SERVICE LEVELS
[POLlCE AND SHERIff) moan.
emergency response time shall be 5
minutes Dr less, mare thin 85% 01 the
time. Non.emerancy response time'
shall be 15 minutes or less, more than
85% of the time
O. AllEQUATE SERVICE LEVELS
(FIRE. PARAMEDICSI moan.
emerpncy response time shall be 5
minutes or less. more than 85% 01 the
time. Non-emerpncy response time
....11 be 15 minutes or less, more than
85% of the time
. E. BUILDABLE FLOOR AREA
RAnD means JI'DSS buildlble flOOl'
IIU divided by aross lot squire
_.
F. COMPREHENSIVE PLANNIIG
AND IIIPROVEMENT PROGRAM
muns a plln Ind prDlI"lm which Id-
d,.. the cumulative Impacts of Slid
development or developments on a
specficllly defined Impact area, Ind
mandates Improvements to each link
and Intersection, Of service for Slid
Development. ThiS proeram will relate
III the dill contained in the Traffic Ind
llMlopmont M...ilDri.. Proaram, but
is to be lite specifiC in planning and
Improvements. These programs shall
be updlled ",lIIIy.
1. As to t1'1nsportltlon systems. a
premmentally implemented PfOIram
of fundinl, construction and
mllntenlnce of transportation
flc:ihttes to achieve the kNel oI5efVice
of the transportatIon srs1em reqUired
for a .development here uncler. with th@
requirement for payment of a pro rata
share of costs of Improvements
n_1I'
Ordinance Number /.210
2. Ao III \tlo 1IlV1C:a ....lIcIlitio.
d_1Iod In Soclion 31ol. . _m-
_lyhnpl...,tId_aIlun.
dl.... c:ontructIon.end moln_a1
iucII._.nd foclIlU. III ICllIoft
\tlo Ioftl 01 _ far ..ell ......
end foclllllol _Irod far . DMIap-
__.wIlII...._i_1
a1.pralllo......a1.-a1im.
plOVIments _ry. '
G. COMIIUlIII ARTERIAL mean.
. _ay doIipod.. _Iono un.
divided. ..._ ...... .-.,.
-willi'. tiPlcol rtjItOl wir wldtlI of 56
...1......-., wldIh '"'"' curb III
curb at CO feet. A commuter Irterlll
should ICCOmmodltl tn.. thin
10.000 ..hlel. !rlIJs per day.
H. IlIYElJIlIIIEIl ....... .ny
JllP.collm_nt III Iond. . ,
1.IIEYEL~_lIlOIIn.
_lond........-far_1ap-
monl.nd ._.oIllII.__ip.1
!he Ume 01 IIlaplIan of till. ....nd.
mont end adlno.....
J. .MMOINCY m..n. cl.:
cum_~tIlIlc801l1''.
.-I_bodily Injury,ordomolllcrlaa
,01_01-'1.
. K. EX_lING LOT IIIIIIIS . Ial
whlcl1.bull. Is cant~... and hII
.... ~IIM 01 iccoss Ill. _ which I.
Imp.-llI.... .....~oI"'l_rd..
aI!he City on till dill ill <<lapUan of
till. rino...., . lGl whl"" hII been
_1ad.._Io_larript
01...,01_. or.lalwhlell_
_no. _Ie bulldlns.
L.lhl_ IIUft..-nsthlt In.
_ oftlllr-.,lntIuonc:od_
!hejuncticri 0I11lIiII. _. or rompo.
M. _AO'w""'" TRU8T FUND
mWl11 fund. QI"lSIIIIment district,
Melto-Roos DlllSlrftlnt district, or
other benefit ISMUmant district
estIblished for 1mpn:wem1ntl1D either
public ufely, flood control or Pirkl
which ... __d by Ilmlop.
ment. Such funds mlY be used to pr0-
vide Improvements IncludlnllCQuis1.
tion, construction. equipment Ind
services.
N. JUMDlCTIONAL CONR.ICT
means I condition invofvil1l two or
more JOVIRImentll Ipncies hlv1na:
IPproVlI powers over the im.
_nil required _ till. .mend.
ment and ordinance.
O. UNK mun.1IIol MCUon 01 raid
or street betwlln InterllCtl"l raids or
1 streets. CI' on-rwnpa. but a:ludina the
...Uon of rood or _ _lIIffic
II Influenced by III Intenectlon of
JOIdl, streets or rwnps.
I P. _ AIlTEIllAL IIlOIIno .
. raodwoy cIosJanod .. . 01..... divid.
. eel raodwoy. _. typical rithl aI ...,
_of 120....... .raodwoywldtll
tram curb to curb of 102 r.t.. A maior
. lltlnallhould - .mocI1tI between
30.000 .nd 45.000 ,",,1010 lrlpo PO'
dIy. Major .rI8rI.11 Clny . ...
valume oIlIIianol troIIic not handlld
by till -ay IJIlom.
Q. IIEAlUIlAILE IMPROYl.
MINT IMIIW III Improvement which
equ.', no 10. _ ....haM [1/21..
cond at..... vehicle dill>>' It II1J' in.
tersection and lqU.ts no less than one'
1II porc.nt of tile A...... OIily Tro'.
I fie on .ny link, .nd is required In ad-
dition to mltlaltin. the imPKt of the
Development. . _ .
R. IlEA1URAIILE TRAFFIC 11I-
PACT munll wlurne of tmfIc which
will result in an inCfU1I of'one hilt
(1/21 ....nd of over... ,""lei. doloy
. I"J' jntlrHC'tion or 1ft inc..... of
ana 1II _I 0111I1 over... dlily
tl'ltnc on Iny link.
S. IIIXEOIBALANCEO USE
DEVELOPMENT muns I Develop.
ment which will reduce trlffle volume
oullldl the Development boLIncBl..
by pravldi"l .11 or mall of tho _d.
. of Ullrs within the DIvIlopmlllt
_,... Includl.. but nalllmllld III
hauol.... ........al. aNico .nd Iilhl
indultrilr devwlopement or oth.r
Imployement IInnllnl UMS.
T .1I000FlED IIA.IllR AIlTEIllAL
_lIS . ...tRy deslped to ICCOIII-
modIte trlfflc volumes when . mljor
_al hiahwoYl._'n.lrucly
_loped ...... bul.1u1l12O '111.,
.1'" of ..., Is nol "aslbl. duo la IX.
iIlI.._orllllXilPOP/lY.A
100.laal '1&111 01 way may b.
_loped.
U. MODifiED PRillARY
AIlTERIAL IIlOIIno . -ay deslan.
td to accommodlte trlffic volumes
when . primary lIlorial hi""'" I.
l'IICeISI')' in .lruIy cliveloptd 'rail,
bul.IuIIIOO.... of ~IIM of..., i. no!
_blo duo III ....U"I .lructuru ar
lapaJroplly. An 8O-1aal ~&III 01 ...,
may bo _Iaped Inllled.
Y. NON-EIIIRGENCY mullS. cir-
cumltance. other thIn.n lR'lerpncy.
wtwe. reaontbIe I'Isponse time il reo
quill<! but 10 no! II" or _rty
ttnatenInc or urpnt in nlture. thll il
not _no coils.
W. PRIMARY AIlTEIllAL m.ns .
IOIdwoy cIosJanod. .1aur.lono _.
III _.,. willi. typical ~IIM 01 way
wIdtlIalIOO....ond.raodwoywldlh
flam curb III curb 0184..... A jOimary
IIlIIrIollbauld occammad.1I bo_n
20.000 and 30.000 ....icl. trlpo per
day. .
X. PRO IIATA mun.. '.1. lb...
_ an . Dnollllllllonl'. Impocll.
Y.1lHIOIlAL PARK mean.. pori<
which _. . ........ _IiU..;;
.... ............ or can",,~ parIc
... which ","II ... P,nJIIfdIll In . roUa
of \Wa I2l ..... por 1000 porson.
_1"1 wltIlln tile Dnolapmont. Suell
"lion" porlcl.nd may bo provided all
lite. end . pro filii shire mly be peid
into IIIlmprcMlment fund. Credit IhllI
be lrented for ,..Ionll plrkl.nd
,Ire.dy dedlc.tld for uld
Development.
Z. RURAL m.ns .11 .r8l1 not
_loped for III urban UII, or not
m.1ter p1.nnld for 111 urb.n use
All. SCENIC CORRIDOR IIlOIIn. .
corridor of open space used ID Insulate
uses from one InCIther I .nd to preserve
I scenic ,nd IHthetic blrrier between
urbln UIIS .nd nltunll uses. .nd bet-
ween truportltlon UIIS, the urbln en-
vironment, and the n.tural
Invirorment. .
BB. SECONDARY ARTERIAL
muns I roedwer desiped . . four-
I.ne undivided I'DIChgy (no median)
wltll . width from curb III curb of 611
..... A IICOIldory ._ "'auld ac,
commodlte bltween 10.000 .nd
20,000 >Oblcle lrlpo por day. A_-
dary _II _. . . call1Clar
diltrtbutina trlffle between locll
_and mojarond ~mory_.I..
While 101I1I IICOndlry .rterllll serve
. tIl....... _. _ pIOl!ido mer.
d_ _flam d...lapmonl.
ce. BTAN_ LaVEL OF SEll-
YICIl [l'1IAffIC CAPACITy! IIlOIIno
till ,...1 of .Mealor .... lrI-,".
tion IJ$lIm 1b.1I bo l.IvII 01 ServIce
"C" .. boller far .11 _101 hi.......
linlls.nd Lowlo' Sennee "0" ar bel.
ter for .11 .rt.rllllnttrsections durinl
puk hours Mandl>>' tfvu Fridl)'. Levels
cI SeMct shill be definecl by.nd cem.
putld lIIi.. till mtlhadolDIY contain.
"In the nHithMI1C1P1Cily Manual."
Spacial Ropart _d 19B5 by Ihe
TmaspottItion Research BOIrd of the
NItionIl Rese.:h Council. incluchnl
II'If Rlbsequent revislonl.
DO. _ElI11TRDT [AAnRIAL)
melns In Irterill which. for Its tunc:-
donll clnllfiCltion. hIs.n enhanced
IMlof ntfc-anylna caPlClty that is
ec:hlevecf br I wriety or mealur.1 n
defined in thI County of Orlnp's
llner.1 pI.n tr.nsportltion Ilement.
EE. TOLL ROAD me.ns . hilhwl)'
GPln to traffic on" upon the PI"".nt
of. dUOCl IlIII or ,... Tall rood. ","II
bo bulft III tile .tandardllar Iron.pa..
titian corridors Ind ffllWlys.
I
I
I
Ordinance Number
/02'/0
.1
FF. TRAI'PIC IIIPROYEMENT
T~ PUND IIlOIIno . Iund or
,lHs.mlnt district. MIUo.Roos
lIIIIIft'Ient district. or ather benefit
_nt dIIlricL OItobIllhId far IhI
speelfic purpose of collectina lIid
fundi .nd Improvina Intersections .nes
links.
GG. TRANSPORTATION COR-
RIDOR me.nl . multimod.1 'lCillty,
IVIntu.11y hillin, Iii or more I,nel
bIIId on pojlcttd trlffic voIuma and
. mtdl.n of lUfficlent width to be
utIllzod In .... Iutu<o Ia. IIonsll can-
lldlratlon. such n 'iud rill or hip
_""'10101. Tho_1clcn1ho1l
..- lor hi'" lPIad _.nt of
Vltllcul.r trlme whl" projected
.....__major_lllI.,...,
~1oI. __lhoIllunctlon
similar III "...,. .nd ...._.
and """ _1Iy 1II1_.....bod In.
.tIlI_ay.nd _.,IjI\Im.
_ ...., ora dooI....d 1lI-'
mininum 511te and F-.I._..
T'"""""'"tlon ~_ IIIIJ III IlIII
_..
HH. TRANIPORTATION
IYlTElllIlOIIIIItIlI ~.rIol. dlllnod
_In, Imp_ III which ora not
_Iudod _ Stol. or Fadnl 11I\I1.-
_ or qlncla.
II. TRANSPORTATION IYITEII
lit....,.....,. PROGRAM rM."
_ 0I_1red .nd>aluntory 10_
which reduce the Vlhiele aenerltion
rItI or . lpeclfic u. ,. UIU of I.nd.
JJ. TRAFPIC ITUDY muns I
"poll on trlffic to be prePlred by I
traffic enllneer licensed by the Sllle
of Clliternl..
KK. UIE ANO OCCUPANCY
means the occup.ncy or . structural
po1lon 01. eevllogment put to the use
lor which it WII intended.
LL. URBAN ml.ns .11 uses which
Ire not rurll, I.riculturll, estlle, apen
IPKt, eonllNltion,locl1 Of reliona'
park, stile' or "ltlonal p.rk,
by State or Feder.1 "lul.lions or
Ipneies.
1_ 5. EXEMPTIONS.
The b1IowI"llnlllClmpt from thlllfO-
visions af this .mendment IRd
anfInance:
I
I
A. An, uti which hll na mulUl'able
ImplCt an thI SlInd.reI LIVtI of s.r-
vice. 0111'I Il:MrH impact on AclequltI
Slrvice LMls. Denlity llductionl
whlcllllsult in no me.surable Im_t
or _mpocllholl be IIIlCGIlllIOd.
B, Any commercl.1 or industrl.1
dMlopntlnt whICh ha ,II of the
IoIIDWinl: I ~SI floar "" lQU11 or
Ie. thlll 10.000 sqUill feet: A
buildable floor III' rllio fIf leu th.n
D.S.lnd In .veral' d,ily trip pnerl.
tion of leu then 130 dally trips; on an
existillllat.
C. Any faur-plexlS ar lesslI
numbered multiple cfwellinp on I
"1II1e allItnl loti or ex:llUna percell
D. ~ llricultulll use. open spICe,
_Ian end poaivo u.. portq
E. Ant ..hobllllollon, .._lilli, cr
IldcIltlon .hlch lQuals or is Ie. thin
50% at the existlRl squall too.... of
..lIfstlnl_ldIntlll structure, or.n
.rditian which IQUlII tR lilisalliln
1Q'" .. thI..lltlrw square toomll. or'
10.000 IQUIII ,.. whicNvlf' Is Ins,
of 01' ...... 1INctuftI,
F. Ant rebulldl". of an alltl"l
__nt __ ordoma,ecf by
... Dr Ulufll dill. if uses, and
_'-_nlUb'lInti.l~llIe
-,
G. Focllilill pnwidld III .....clthe
hIoltll.nd .Iotyof.... _I., which
....11 be dennad . halpllofs. pall...
lilt .nd ..Ioty 'ocIllU. .nd _';
H. PIIbllc benefitlecililies. oIUch
Iholl III donnod n public IUlIIrIo..
public Idminlstrltian flCllilies. DUbUc
utllltln. and re'l8Ious facllltlel:
I. Any structure appurtenant to ,an
IIIstinlltruclull. ar Iny minor altera-
tierl In connection with In ulltinl
1lnIClu,",
_n .. IIIPU!NTATION.
A. Upon the ""ctive date of this in-
RIoIIvo. .... _II' pl.n 01 till City
.....1 be doomed III be omondId to ...n.
IIln IhnI concepta and enforced ..
IUCh br the City. Where the Inlt'..1vI
11 In ...nIlict wltll_. upocII 0I1hI
CIty'. 2anlne CadI or _ crdl.......
and _Iollon.. tII. fInn. 01 tIli.
IIIIIftdment Ind ardlnance ",.11
.....11 _ IUCh _ .noctmonlS.
Tho City ...11 w1t1lln 011161 mantll.
IIlII.1hI1Dl oItIlI......ol pl.. .nd
_ crdlnon..... _111co11y .....ct
till ~.1onI 01 tills am.ndment.nd
crdlnane..
8. In ....Inllrlm. _1apmInl not
_lid _In _III .ppravod I'
till City .dapII 'Indln.. lhol .Id
llM_ntlll... _lInlwltlltlll
pnll'lsIont of this amendment and
annunel.
1..llon 7: AIIENDIIENT OR
IlEPUL
A. this amendment and ordin.net
ina1 bI .mlnded or repealed only by
a malority af Iht votl" at . pn,"1
IIKtlan.
_ .. Il!VEllAIIILITY.
A. If .nr section. subsection, part,
IIbport. po....ph. cI.... or ptuoSl 0'
~Is amendment and ordinance. Clf'lny
ImIndm.nt Ind ardiRlnce or ltVision
of thll amendmlnt.nd ordinance il far
any ruson held to be InYllid Of un.
CDf'Gtltutional; the IImlinina ItClions,
subsectians, parts, lubplrts.
per..,.p/lI. eI....... or ph..... "'.11
not be 011_. bullhollremoln In lull
fare. and_.
MAY 18, I.
PUlUSHEO IN SEAL BEACH
'.: .lQlIIINAL