Text of Initiative

Petition for Submission to Voters of Proposed Amendment to the Ordinances of the City of Dana Point
To the City Council of the City of Dana Point:

We, the undersigned, registered and qualified voters of the State of California, residents of the City of Dana Point, pursuant to Section 3 of Article XI of the California Constitution, present to the City Council of the City of Dana Point this petition and request that the following proposed amendment of the ordinances be submitted to the registered and qualified voters of the City of Dana Point for their adoption or rejection at a special election held pursuant to Section 1405(a) of the California Elections Code.


Following is the full text of the Proposed Measure:

The people of the City of Dana Point, California do ordain as follows:

Title: The 2015 Town Center Initiative

Section 1. Name

This ballot measure shall be known and may be cited as “The 2015 Town Center Initiative,” and shall be referred to herein as “the Act.”

Section 2. Purpose

The people desire that the requirements and intent of the Town Center Plan, the “Plan”, approved by the California Coastal Commission, be implemented through this ordinance to promote the area as a “primary business district in the city” with a “small town village atmosphere” containing pedestrian friendly businesses, shops and restaurants; and as a major center of social and economic activity with adequate and convenient public parking. To further these objectives, the Act recodifies and amends the Plan to better regulate future land use in the Town Center.

Section 3. Amendment and Readoption of 2008 Town Center Plan

  1. By this Act, the People of Dana Point readopt and recodify the Town Center Plan in its entirety, included in full as Exhibit A to this Act, as amended as set forth below and as set forth identically in Exhibit A.  New text is underlined; deleted text is shown by strikeout.
  1. The text on page 31 of the section of the Town Center Plan titled Maximum Building Height is amended as follows:

Building height impacts the overall quality of the buildings in the Town Center and the ground floor retail and upper floor residential uses, in particular.  Height impacts not only the general identity and character of the Town Center, but also “blue water” views from upland residential areas. The Town Center Plan limits the height of buildings to 40 feet and three stories which would allow for an 18­foot ground floor height (measured floor to floor) that would improve store frontages and benefit retailers as depicted to the right and below. The 40 foot height limit is a maximum to be strictly applied, and includes guard rails, decorative features, stairwells, elevators and equipment serving ADA requirements, except for the required mechanical equipment as set forth in the section titled Permitted Encroachments into Maximum Building Height and Roof Decks.   To inform the public, story pole staking is required for 20 days.  The story pole staking shall, at a minimum delineate the 40 foot height limit for all sides of the building and a vertical drop to the ground at each corner of the proposed structure plus any proposed elements needing a variance.  Story pole staking is not required for mechanical elements or chimneys.

 

  1. Maximum Building Height (table) on page 31 is amended as set forth below:
MAXIMUM BUILDING HEIGHT
Maximum Height 40 feet

3 stories (1)(2)

Building Height Measurement Measure building height from the level of the sidewalk at the midpoint of the front property line.  The elevation of the 40 foot limit is to be determined by averaging the elevation of highest area of the ground in the plot and the lowest area and then adding 40 feet.

Count 2 stories of above-grade structured parking as a single story when fronted by single story of usable groundfloor space, such as a shop front.

(1)      Count two levels of above-grade parking as a single story when fronted by a single story of retail space not exceeding 20 feet in height (measured from floor to floor).

(2)      Additional height permitted for encroachments with a Conditional Use Permit.

  1. The text and table on pages 32 and 33 of the Town Center Plan titled Permitted Encroachments into Maximum Building Height and Roof Decks is amended as follows:

Encroachments beyond the maximum height limit are strictly prohibited except under the following conditions. Limited encroachments for such items such as mechanical equipment and chimneys require a Site Development Permit and shall not exceed the 40­ foot height limit by more than 42 inches. Roof decks require a Conditional Use Permit and are only allowed within the inner portion of the Town Center couplet as depicted below. Roof decks in the couplet shall not exceed the 40­foot height limit, including guardrails, stairwell, elevator shafts, and any ADA­required equipment.  In addition to the required findings as set forth in the Municipal Code, any CUP for roof top decks in the Town Center shall require the following two findings:

  1. The approval will not result in an undue impact on the quiet use, enjoyment or privacy of surrounding properties.
  2. The approval will not result in undue adverse impacts on ocean views from surrounding properties.

 

PERMITTED ENCROACHMENTS INTO BUILDING HEIGHT LIMIT
All roof decks above the upper floor shall be subject to a Conditional Use Permit. Encroachments beyond the maximum building height limit are strictly limited to required mechanical equipment and chimneys, and  shall be reviewed as part of the Site Development Permit process. All new development and additions which result in additional building height shall be staked with story poles as part of the review process, and abide by the following regulations. All structures shall be staked at one time for a minimum of 20 days immediately prior to application for approval to the Planning Commission or the City Council. Staking shall be conducted as set forth in “Maximum Building Height All encroachments beyond the maximum building height shall be included in the staking
  • Mechanical Equipment Screening & Chimneys
Up to 42” above maximum height if setback 5 feet from face of building and not exceeding 5 percent of horizontal roof area.
  • Elevators Not Providing Access to Roof Decks
Up to 42” above maximum height if setback minimum of 5 feet from face of building and not exceeding 5 percent of horizontal roof area.
ROOF DECKS – Conditionally permitted only within the interior portion of the couplet

(within PCH and Del Prado) shall not exceed the 40 foot height limit including guardrails, stairwells, elevator shafts and any ADA requirements.

  • Guardrail
42” guardrail required in accordance with Uniform Building Code must be ; conditionally permitted to exceed maximum building height if setback 5 feet from roof edge.

Roof decks require a Conditional Use Permit

  • Stairwells and Elevators Providing Access to Roof Decks
Conditionally permitted if Must be setback minimum of 5 feet from face of building

 

  1. The text and table on page 33 of the Town Center Plan in the section titled Design of Ground floor Building Frontage is amended as follows:

Retail at the street level is a critical component for creating a vibrant, pedestrian­ oriented environment.  To encourage this, buildings shall be developed in a manner which is conducive to retail­type uses. Buildings fronting on Del Prado and Pacific Coast Highway all streets in the Town Center between Blue Lantern and Golden Lantern (including Pacific Coast Highway, Del Prado Avenue, Ruby Lantern, Amber Lantern, Street of the Violet Lantern, San Juan Avenue, Blue Lantern, and Golden Lantern) shall comply with the design standards described below:

Design of Ground floor Building Frontage

Pacific Coast Highway and Del Prado All Streets Between Blue Lantern and Golden Lantern

  • The floor­to­floor dimension between the finished floor of the ground floor of the structure and the floor above shall be at least 18 feet.
  • The depth of ground floor commercial space from storefront to rear shall be at least 40 feet.
    • The interior finished floor elevation shall be level with the adjacent sidewalk at least every 50 linear feet. Pedestrian access to the building shall be flush with the sidewalk.
  1. The text on page 37 of the Town Center Plan in the section titled “Parking Requirements,” is amended as followed:

In order to strengthen the concentration and continuity of retail within the Town Center, a number of modifications to the existing parking requirements are included. The minimum number of parking stalls by use, as detailed in the Dana Point Zoning Code, applies within the Town Center. However, within the proposed parking district, which extends from Blue Lantern to Golden Lantern within the Town Center (as shown on the Parking Strategy diagram on page 17), the developer may pay a fee for off­site public parking in lieu of providing on­site parking for retail and restaurant uses. The fee for in­ lieu parking shall be the estimated costs to the city of providing replacement parking spaces, with a minimum of $40,000 per space, the cost estimated in Dana Point’s Nelson­ Nygaard parking study in 2013, and increasing according to the rate of inflation annually thereafter. Several diagrams of pedestrian­oriented parking solutions follow on the next page.

Section 4. Amendments to Municipal Code section 9.26.010

Municipal Code section 9.26.010 is amended as follows: “9.26.010 Town Center District and Regulations.

  1. The land use and development regulations for this area are contained in the Dana Point Town Center Plan included as Appendix E of the Dana Point Zoning Code. (Added by Ord. 06­17, 12/13/06; amended by Ord. 08­08, 6/17/08; amended by this voter initiative.) These provisions shall apply to all Town Center projects seeking building permits or entitlements.
  2. A maximum limit of three stories and 40 foot height, plus the required setbacks and step backs shall be strictly applied. Encroachments beyond the maximum height limit are strictly limited to required mechanical equipment and chimneys and may not exceed 42 inches.
  3. Professional business/office uses are preferred uses on the second and third floors of all new construction in the Town Center area.
  4. All parking requirements of Dana Point Municipal Code section 9.35.080, subdivision (e) shall be strictly enforced for each use within a building, including requirements for guest spaces for residential units which cannot be shared with retail requirements. In the Town Center area, parking spaces for residences shall be provided on site; no reduction of required parking spaces shall be granted for bicycle spaces; no credit for parking spaces on public property shall be given.
  5. All off­street loading facility standards of Dana Point Municipal Code section 9.35.090 shall be strictly enforced for loading spaces in the Town Center area. Loading spaces shall be provided on site or located along public streets only when lost public parking spaces are provided on site beyond other applicable parking requirements.
  6. Review process for new projects: City shall provide the public with relevant project material for any proposed project in the Town Center area (including but not limited to building plans, elevations, site maps, story poling dates, staff reports, and parking analysis), on the city’s official website , two weeks prior to any study sessions, public meetings, Planning Commission meetings or City Council meetings.
  7. Requested variances for projects shall be supported by evidence that the underlying conditions meet the statutory requirements of Dana Point Municipal Code section 9.67.050. The Dana Point City Attorney shall provide a formal legal opinion for each requested variance in the Town Center area certifying whether the conditions of section 9.67.050 are fully met and whether evidence supports granting the variance.
  8. If there is any conflicts between subdivisions (2) to (7) and the details within Dana Point Town Center Plan, subidivision (2) to (7) in total and separately shall be the governing requirements.

Section 5. Implementation

  1. The date the notice of intention to circulate this initiative measure was submitted to the City’s elections official is referenced herein as the “submittal date.”  Where zoning ordinances are cross-referenced in this initiative, the applicable version of those zoning provisions shall be the provisions in effect on the submittal date.  The City General Plan, the Town Center Plan and Zoning Ordinances in effect on the submittal date and the Town Center Plan and Zoning Ordinances as amended by this initiative comprise an integrated, internally consistent, and compatible statement of policies for the City. In order to ensure that nothing in this initiative measure would prevent the City General Plan from being an integrated, internally consistent, and compatible statement of the policies of the City, as required by state law, and to ensure that the actions of the voters in enacting this initiative are given effect, any amendment to the General Plan, the Town Center Plan, or the Zoning Ordinance that is adopted between the submittal date and the date that the Town Center Plan is amended by this initiative measure shall, to the extent that such interim­enacted provision is inconsistent with any provisions of this initiative, be amended as soon as possible and in the manner and time required by state law to ensure consistency between the provisions adopted by this initiative and other elements of the General Plan.
  1. The City Council is hereby authorized and directed to amend the City General Plan, all specific plans, including the Town Center Plan, the City Zoning Ordinance, the Zoning Map, and any other ordinances and policies, and to request Coastal Commission approval of any amendments to the Local Coastal Program, if necessary, to implement this initiative and to the extent any of the foregoing are affected by this initiative as soon as possible and in the manner and time required by any applicable state law, to ensure consistency between the policies adopted in this initiative and other elements of the foregoing laws and policies.

Section 6. Inconsistent Provisions Repealed

Any provisions of the Dana Point Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent with this Act, to the extent of such inconsistencies and no further, are hereby repealed. The amendments to the Town Center Plan and the Zoning Ordinance set forth in Sections 3 and 4, above, express the voters’ intent to eliminate any possible inconsistency between the referenced plans and the referenced zoning. It is the voters’ intent that the zoning regulations contained in Section 4 be read and construed in full harmony with the the General Plan and the Town Center Plan.

Section 7. Judicial Enforcement and Liberal Construction

Any aggrieved person or Dana Point registered voter shall have the right to maintain an action for equitable relief to restrain any violation of this Act, or City failure to enforce the duties imposed on it by this Act. The provisions of this Act shall be construed liberally to effectuate its intent and purposes.

 

Section 8. Adoption Date and Effective Dates

If the City Council approves this measure, or if a majority of the voters pass this Act, it shall become a valid enactment of the City, binding on the City Council and all other City officials, as of the earliest date allowed by law.

Section 9. Competing Measures

If this initiative measure and another measure on the same subject matter appear on the same ballot, and a majority of the voters vote in favor of both measures but this measure receives more votes than the other measure, this measure alone shall become valid, binding and adopted in its entirety, and the other measure shall be null and void in its entirety.  If a majority of the voters vote in favor of both measures but this measure receives less votes than the other measure, only those provisions of the other measure that are in direct and irreconcilable conflict with the provisions of this measure shall control, and all other provisions of this measure shall become valid, binding and adopted. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure.

Section 10. Future Amendments

This Act may be amended or rescinded only by a vote of the People at a municipal election.

Section 11.  Severability

This Act shall be interpreted so as to be consistent with all federal, state and local laws, rules and regulations, including the Local Coastal Program. If any section, subsection, subdivision, clause, sentence, phrase or portion of this Act is declared unconstitutional or invalid by a court of competent jurisdiction, the remaining sections, subsections, subdivisions, clauses, sentences, phrases and portions shall remain in full force and effect, and to this end the provisions of this Act are severable. The voters thus declare that they would have passed all sections, subsections, subdivisions, clauses, sentences, phrases and portions of this Act without the section, subsection, subdivision, clause, sentence, phrase or portion held unconstitutional or invalid.

 

Appendix A:

https://savedanapoint.com/wp-content/uploads/2016/04/Appendix-A-Dana-Point-Town-Center-Plan-Final-as-Amended.pdf