Loading...
Ordinance No. 123 • ORDINANCE NO. 123 AN ORDINANCE OF THE PEOPLE OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN OF THE CITY OF CHINO HILLS. WHEREAS, a Special Municipal Election was held in the City of Chino Hills on November 2, 1999, to consider a measure requiring voter approval to increase the number of residential units allowed by the City's General Plan and Zoning Map and to convert property currently zoned nonresidential to residential; and WHEREAS, said measure was known as the Save Our Canyon Initiative, a copy of which is attached hereto as Exhibit A, and was designated as Measure U on the November 2, 1999 Special Municipal Election ballot; and WHEREAS, Measure U received a sufficient number of affirmative votes to approve said Measure. WHEREAS, the City Council of the City of Chino Hills, pursuant to Elections Code Section 9217, adopted Resolution No. 99R-109 on November 23, 1999, declaring the result of the Special Municipal Election held November 2, 1999. • NOW, THEREFORE, THE PEOPLE OF THE CITY OF CHINO HILLS DO ORDAIN AS FOLLOWS: Section 1. The following shall be added as Pargraph 1-I to the Section entitled"Principles and Standards of Private Section Development"of the Land Use Element of the Chino Hills General Plan on page I-4: The maximum density of any land designated for residential use shall not exceed the density established by the Chino Hills Specific Plan, the Chino Hills General Plan, the Zoning Map, or any finalized development agreements in effect prior to passage of the Initiative. Any increase in density greater than that specified above must be approved by a majority vote of the electorate of the City. However, the City Council of the City of Chino Hills may reduce the density of any land designated for residential use. Notwithstanding the foregoing, the City Council may increase residential density as necessary to meet the City's minimum mandated Housing Element requirements as set forth in Government Code Section 65580, et seq., as amended • from time to time, including, without limitation, the City's share of regional housing needs. Page 1 of 3 • Section 2. The following shall be added as Paragraph 1-J to the Section entitled"Principles and Standards of Private Section Development" of the Land Use Element of the Chino Hills General Plan on Page 1-4: Any land within the City of Chino Hills designated for a non-residential use shall not be converted to a residential use without a majority vote of the electorate of the City. Notwithstanding the foregoing, the City Council may increase residential density as necessary to meet the City's minimum mandated Housing Element requirements as set forth in Government Code Section 65580 et seq., as amended from time to time, including without limitation, the City's share of regional housing needs. The City Council may also redesignate non-residential property to residential property as part of a simultaneous transfer of zoning designations between residential and non-residential properties provided that the net effect of the transfer does not increase the total number of residential units allowed on the properties involved in the transfer. • Additonally, while transfers of land use designations within a planned development shall be permitted in accordance with the transfer standards contained in this paragraph, planned development zoning cannot be transferred to any other property in the City. Section 3. Any ordinance,provision of the General Plan or Specific Plan of the City of Chino Hills inconsistent with, or contrary to, Sections 1 and 2 of this Initiative are hereby superseded and declared null and void. Section 4. Severability. If any section or portion of any section of this Initiative is found invalid or unconstitutional by any court, such finding shall not invalidate any other section or portions of this Initiative not found to be invalid or unconstitutional. Section 5. The effective date of this Ordinance is December 3, 1999. ADOPTED BY THE PEOPLE OF THE CITY OF CHINO HILLS on the 23rd day of November, 1999. • Page 2 of 3 • STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF CHINO HILLS ) I, LINDA D. RUTH, City Clerk of the City of Chino Hills DO HEREBY CERTIFY that foregoing Ordinance No. 123 was adopted on November 23, 1999, as a result of the approval by a sufficient number of affirmative votes of the Save Our Canyon Initiative at a Special Municipal Election held November 2, 1999, by the People of the City of Chino Hills. �'s'etaz LINDA ID. RUTH, CITY CLERK (SEAL)_ • • The foregoing is the original of Ordinance No. 123 adopted November 23, 1999, as a result of the approval of the Save Our Canyon Initiative at a Special Municipal Election held November 2, 1999, by the People of the City of Chino Hills. LINDA D. RUTH, CITY C ERK (SEAL)_ , • Page 3 of 3 Exhibit A Ill SAVE OUR CANYON INITIATIVE Section 1. The following shall be added as paragraph 1-I to the section entitled "Principles and Standards of Private Section Development' of the Land Use Element of the Chino Hills General Plan on p. 1-4: The maximum density of any land designated for residential use shall not exceed the density established by the Chino Hills Specific Plan, the Chino Hills General Plan, the Zoning Map, or any finalized development agreements in effect prior to passage of the Initiative. Any increase in density greater than that specified above must be approved by a majority vote of the electorate of the City. However, the City Council of the City of Chino Hills may reduce the density of any land designated for residential use. Notwithstanding the foregoing, the City Council may increase residential density as necessary to meet the City's minimum mandated Housing Element requirements as set forth in Government Code §§ 65580, et seq., as amended from time to time, including, without limitation, the City's share of regional housing needs. Section 2. The following shall be added as paragraph 1-J to the section entitled "Principles and Standards of Private Section Development" of the Land Use Element of the Chino Hills General Plan on p. 1-4: IIII Any land within the City of Chino Hills designated for a non—residential use shall not be converted to a residential use without a majority vote of the electorate of the City. Notwithstanding the foregoing, the City Council may increase residential density as necessary to meet the City's minimum mandated Housing Element requirements as set forth in Government Code §§ 65580 et seq., as amended from time to time, including without limitation, the City's share of regional housing needs. The City Council may also redesignate non-residential property to residential property as part of a simultaneous transfer of zoning designations between residential and non-residential properties provided that the net effect of the transfer does not increase the total number of residential units allowed on the properties involved in the transfer. Additionally, while transfers of land use designations within a planned development shall be permitted in accordance with the transfer standards contained in this paragraph, planned development zoning cannot be transferred to any other property in the City. Section 3. Any ordinance, provision of the General Plan or Specific Plan of the City of Chino Hills inconsistent with, or contrary to, Sections 1 and 2 of this Initiative are hereby superseded and declared null and void. IIISection 4. Severability. If any section or portion of any section of this Initiative is found invalid or unconstitutional by any court, such finding shall not invalidate any other sections or portions of this Initiative not found to be invalid or unconstitutional.