HomeMy WebLinkAboutReso 61-23 Reso Calling Election and Requesting Election ConsolidationRESOLUTION NO. 61-23
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE SUBMISSION OF ORDINANCE
NO 659(B) TO THE QUALIFIED VOTERS OF THE CITY AS A PROPOSED MEASURE; AND,
REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO
CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD IN THE COUNTY ON TUESDAY, NOVEMBER 5, 2024 PURSUANT TO SECTION
10403 OF THE ELECTION CODE; AND, OTHER ELECTION MATTERS AS REQUIRED BY
LAW
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay, under the provisions of the laws
related to general law cities in the State of California, has called for the holding of a General
Municipal Election to be held on November 5, 2024 to consider a ballot measure concerning
Ordinance No. 659(B), and further desires that this election be consolidated with the Statewide
General Election to be held on the same date; and
WHEREAS, pursuant to authority provided by the California Constitution and the State
Elections Code, on May 1, 2023, an initiative petition was presented for filing entitled, "Initiative
Measure to Amend City of Morro Bay's General Plan (Plan Morro Bay), adopted by City Council
on May 25, 2021, to prohibit, unless approved by Morro Bay Voters, any change to Land Use
Designations of Visitor -Serving Commercial or Commercial/Recreational Fishing, on Certain
designated Parcels within the City"; and
WHEREAS, Election Code Section 9215 provides in part that an initiative petition qualifies if
it "is signed by not less than 10 percent of the voters of the city,"; and
WHEREAS, in accordance with Election Code Section 9210, it was determined that the
County Clerk's last official report of City of Morro Bay voter registration to the Secretary of State was
8,141 registered voters and that 10% of said registration would require 815 valid signatures to qualify
the initiative petition; and
WHEREAS, on August 9, 2023, pursuant to the provisions of Election Code section 9210,
the initiative petition was examined by the City's Elections Official and it was determined the number
of signatures, prima facie, was in excess of the number of signatures required, and the City's
Elections Official accepted the petition for filing; and
WHEREAS, based on the County of San Luis Obispo Registrar of Voters' Signature
Verification Certificate and, in accordance with Election Code Sections 9114 — 9115, the initiative
petition was determined to contain 1,327 valid signatures and deemed to be sufficient on August 31,
2023; and
WHEREAS, in accordance with Election Code Section 9215, the Elections Official certified
the results of the examination to the City Council at the next regular meeting held on September 12,
2023; and
Resolution No. 61-23
Page 2 of 4
WHEREAS, Election Code Section 9215 provides in part that when a city council is
presented with a qualified initiative petition, the City Council "shall do one of the following: (a) Adopt
the ordinance, without alteration, at the regular meeting at which the certification was presented. (b)
Submit the ordinance, without alteration, to the voters pursuant to Section 1405. (c) Order a report
pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented.";
and
WHEREAS, because the City Council has not voted in favor of the adoption of the
ordinance, the City Council is authorized and directed by statute to submit the ordinance to the
voters; and
WHEREAS, the City Council desires to have the voters consider this measure at the next
statewide general election to be held on November 5, 2024; and
WHEREAS, it is desirable that said General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City of Morro Bay the
precincts, polling places and election officers of the two elections be the same, and that the
County Election Department of the County of San Luis Obispo canvass the returns of the General
Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, including California Elections Code Sections 306, 9222 and 1301,
there is called and ordered to be held in the City of Morro Bay, California, on Tuesday, November
5, 2024, a General Municipal Election for the purpose of submitting to the voters of the City of
Morro Bay a ballot measure. Pursuant to Elections Code Section 9222, it is the intent of the City
Council the measure be submitted to the voters of Morro Bay at the aforementioned General
Election. As required by Elections Code Section 13247, the abbreviated form of the measure to
appear on the ballot is specified below in Section 2. The City Clerk is hereby authorized and
directed to make any changes to the text of the proposition or this resolution as required to
conform to any requirements of the San Luis Obispo County Registrar of Voters.
SECTION 2. That the City Council hereby orders the following measure be submitted to
the voters at the aforementioned General Election:
Shall the measure, to amend Plan Mono Bay (General Plan /
Local Coastal Program) in order to prohibit, unless approved YES
by voters, any changes to land use designations of Visitor -
Serving Commercial and/or Commercial/Recreational Fishing,
for approximately 103 acres of real property (including by the
harbor east of Morro Rock, 63 acres of former power plant, NO
portions along sides of Embarcadero Road from Beach Street
to Atascadero Road, and along Coleman Drive), be adopted?
SECTION 3. That the text of Ordinance No. 659(b) to be submitted to the voters as a
proposed measure is attached as Exhibit "A" to this resolution.
Resolution No. 61-23
Page 3 of 4
SECTION 4. That the ordinance shall not take effect unless and until the ordinance
receives the approval of a majority of the votes cast by the qualified voters of the City voting upon
the ballot measure on the proposed ordinance at the November 5, 2024 General Municipal Election.
SECTION 5. That the vote requirement for the ballot measure to pass is a majority (50% +
1) of the votes cast.
SECTION 6. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 7. That the City Clerk is authorized, instructed and directed to coordinate with the
County of San Luis Obispo Clerk -Recorder to procure and furnish any and all official ballots, notices,
printed matter and all supplies, equipment and paraphernalia that may be necessary in order to
properly and lawfully conduct the election.
SECTION 8. That the polls for the election shall be open at seven o'clock a.m. of the day of
the election and shall remain open continuously from that time until eight o'clock p.m. of the same
day when the polls shall be closed, pursuant to Election Code Section 10242, except as provided in
Section 14401 of the Elections Code of the State of California.
SECTION 9. That in all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding a General Municipal Election consolidated with a
Statewide General Election.
SECTION 10. That notice of the time and place of holding the election is given and the City
Clerk is authorized, instructed and directed to give further or additional notice of the election, in time,
form, and manner as required by law.
SECTION 11. That pursuant to the requirements of Section 10403 of the Elections Code,
the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and
agree to the consolidation of a General Municipal Election with the Statewide General Election on
Tuesday, November 5, 2024, for the purpose of submitting to the voters a ballot measure
concerning City of Morro Bay Ordinance No. 659(B).
SECTION 12. That the County Election Department is authorized to canvass the returns
of the General Municipal Election. The election shall be held in all respects as if there were only
one election, and only one form of ballot shall be used.
SECTION 13. That the Board of Supervisors is requested to issue instructions to the
County Election Department to take any and all steps necessary for the holding of the
consolidated election.
SECTION 14. That the City of Morro Bay recognizes that additional costs will be incurred
by the County by reason of this consolidation and agrees to reimburse the County for any costs
incurred by reason of this consolidation.
SECTION 15. That the City Clerk is hereby directed to file a certified copy of this
Resolution with the Board of Supervisors and the County Election Department of the County of
San Luis Obispo.
Resolution No. 61-23
Page 4 of 4
SECTION 16. That the City Council authorizes the City Clerk to administer said election and
all reasonable and actual election expenses shall be paid by the City upon presentation of a properly
submitted bill.
SECTION 17. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original resolutions.
SECTION 18. That this Resolution is effective on the day of its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 12th day of September 2023 following vote:
AYES:
Wixom, Barton, Edwards, Landrum
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSE:
Ford
ak.2 W l t
CARI IXOM, Mayor
ATTEST:
72 C".,W---
A SWANSON, City Clerk
ORDINANCE NO.659(B)
AN ORDINANCE OF THE PEOPLE
OF THE CITY OF MORRO BAY, CALIFORNIA,
ADOPTING AN INITIATIVE MEASURE ENTITLED "INITIATIVE MEASURE TO AMEND CITY OF
MORRO BAY'S GENERAL PLAN (PLAN MORRO BAY), ADOPTED BY CITY COUNCIL ON MAY 25,
2021, TO PROHIBIT, UNLESS APPROVED BY MORRO BAY VOTERS, ANY CHANGE TO LAND USE
DESIGNATIONS OF VISITOR -SERVING COMMERCIAL OR COMMERCIAL/RECREATIONAL FISHING,
ON CERTAIN DESIGNATED PARCELS WITHIN THE CITY "
City of Morro Bay, California
The People of the City of Morro Bay do ordain as follows:
SECTION 1: PURPOSES, EFFECT, AND FINDINGS.
A. Purposes: The purposes of this Initiative are to: (1) protect the natural beauty,
sensitivity, and intrinsic value of Morro Bay's waterfront and Embarcadero; (2) prevent the
visual and physical degradation of Morro Bay's natural environment; {3) promote the health
and safety of Morro Bay's residents, tourists, boaters, and wildlife habitat; (4) maintain present
levels of coastal access to our California Historic Landmark, Morro Rock, as well as to the
Harbor, and surrounding beaches; and (5) preserve Morro Bay as a world-renowned tourist
destination-
B. Effect: This Initiative amends Plan Morro Say, the City of Morro Bay's General
Plan, adopted in May, 2021 to readopt and reaffirm the existing "Visitor -Serving Commercial"
and "Commercial/Recreation a] Fishing" land use designations for certain parcels situated on
both sides of Embarcadero Road from Beach Street to Atascadero Road, and Coleman Drive
including Morro Rock parking lots, such that these parcels, even if subdivided, may only be
amended or re -designated by a majority of Morro Bay voters at a regular or special election-
C. Findings: The People of the City of Morro Bay ("City") find that this Initiative
promotes and protects the safety, welfare, and quality of life of Morro Bay residents, based
upon the following findings, any one of which would be sufficient to support adoption of this
Initiative:
1. Plan Morro Say serves as the City of Morro Bay's General Plan, prepared in
accordance with Government Code section 65300 and following sections, and as the City's Local
Coastal Program (LUP) Land Use Plan, prepared in accordance with the California Coastal Act,
Public Resources Code section 30000 and following sections. The City Council adopted Plan
Morro Bay on May 25, 2021, and the California Coastal Commission certified it on August 12,
2021. Plan Morro Bay governs and regulates land use and development policies and decisions in
Morro Bay, in addition to serving other functions_ This Initiative refers to this document either
as Plan Morro Bay or the Plan Morro Bay General Plan.
2_ Plan Morro Bay affirms the critical importance of visitor -serving and commercial
fishing uses as "Coastal Priority Uses," stating the following on pages 3-28 and 3-29:
Coastal Priority Uses
The Coastal Act requires the City to prioritize uses that serve important needs for the
community and visitors, such as recreation, coastal access, open space, and visitor -
serving and coastal -dependent uses_ Nearly all of Morro Bay is in the coastal zone.
Coastal priority uses range from visitor -serving recreation and services to coastal
dependent businesses such as aquacuilture and commercial fishing-
3- Plan Morro Bay defines and describes -Visitor-Serving Commercial" land uses as
follows, permitting them at a floor -area ratio of up to 1.25:
Visitor -oriented services and uses located at easily accessible locations and tourist
destinations within the coastal zone. in general, ground floor development should be
reserved far retail shops, restaurants and bars, and visitor accommodations, with the
upper floors reserved for additional visitor accommodations and offices.
4. The Morro Bay Zoning Code correspondingly defines "Visitor -serving facility- as
follows:
"Visitor serving facility" means those stores, shops, businesses, recreational
facilities (both public and private), parks and natural preserves which are
regularly utilized by the traveling public.
01181.0001/921033.1
5. Consistent with the Pan Morro Bay General Plan's Visitor -Serving Commercial
designation, the City"s Zoning Code currently allows for a wide variety of tourism -oriented
businesses in Morro Bay's Visitor -Serving Commercial (C-VS) Zoning District, including but not
limited to restaurants, coffee shops specialty retail boutiques, travel agents, retail
establish mentsselling boat and marine supplies, souvenirs, antiques, art galleries and studios,
museums, hotels and motels, bars and taverns, boat rentals, fishing supplies, service stations,
parking lots, and parks and open space.
6. Plan Morro Bay describes "Commercial/Recreational Fishing' land uses as
fotllov,rs, permitting them at a floor -area ratio of up to 0,5:
IThis designation] implements Measure D, which protects the tidelands area between
Beach Street and Target Rack. Development and use permits are limited to fishing
activities only-
7. Consistent with the Plan Morro Boy General Plan's Commercial/Recreational
Fishing designation, the City's Zoning Code currently allows for fishing -oriented businesses and
uses in Morro Bay's Commercial/Recreational Fishing (CF) Zoning District, and expressly
prohibits the City, from granting any permit, authorization or other approval of any state owned
tidelands subject to city lease between Beach Street and Target Rock, unless such development
or use is primarily fear the purpose of serving or facilitating licensed commercial fishing activities
or noncommercial recreational fishing activities, or if clearly, incidental thereto.
8- Pfan Morro Buy Figure LU-4, Land Use Map, depicts those parcels of land within
the City that are currently designated Visitor -Serving Commercial and Commercial/Recreational
Fishing. See Exhibit A. Included among these are certain parcels situated on both sides of
Embarcadero Road from Beach Street to Atascadero Road designated for Visitor -Sewing
Commercial uses, and on both sides of Coleman Drive including Morro Rock for
CommercW/Recreationall uses, referred to as the "Measure D Area," and further shown on
Exhibit 13.
states:
9- Plan Morro Bay currently includes POLICY LU-4.2:
Measure D/Commercial/Recreational Fishing Uses: Ensure cornmercial fishing
activity is prioritized in the Measure D area.
10. Plan Morro Bay currently includes POLICY LU-4.6: Development Priority, which
Using private lands suitable for visitor -serving commercial recreational faidlities shall
havepriority over using such lands for private residential, general industrial, or general
commercial development, but not over agriculture or coastal -dependent industry.
11. Plan Morro Bay's Visitor -Serving Commercial and C=rnerciall/Recreational
Fishing [land use designations are critical to maintaining Morro Bay's economic vitality, quality
of life, status as a tourist destination, recreational resources, and natural environment.
12. Any change in Plan Morro Ba/s Visitor -,Serving Commercial and/or
Z
Commercial/Recreational Fishing land use designations to allow industrial or other non-
commercial uses will have a deleterious impact on Morro Bay's citizens, its economy,
environment, reputation, and overall quaRfy life.
13. This Initiative is therefore necessary to ensure that future land uses that are
incompatible with, or that would adversely impact, existing and future Visitor -Serving
Commercial and Comm ercial/Recreational Fishing uses are not permitted to operate on those
parcels situated on both sides of Em barcadero Road from Beach Street to Atascadero Road, and
01181.0001/921033.1 2
Coleman Drive including Morro Rock parking lots, unless a majority of Morro Bay voters
approve of such other uses.
A, This Initiative hereby amends the Plan Morro Bay General Plan as adopted by the City of
Morro Bay on May 25 .1 2021, and as a piproved by the Ca lifornia Coasta I Com m issio non' August
12, 2021- Text to be inserted in the Plan is indicated in bold italic type, Text in standard type
currently appears in the Plan Morro Bay General Plan and is not changed of readopted by this
Initiative. The amendments to the Plan Morro Bay General Plan made in this SECTION 2 may be
changed only by a majority vote of the people at a regular or special election, except where
expressly stated otherwise.
B. Plan Morro Bay, Chapter 31B "Land Useis hereby amended to insert the, following texi
on page 3-28 and 3-29:
Visitor -Serving Uses
Visitors come to Morro Bay year-round to enjoy the beautiful scenery, the beach, and
an eclectic and laid-back Vibe. The diverse array of shops,, restaurants, and recreation
opportunities are an important part of both the economy and personality of Marro r Bay,
and thpseuses need to be protected for the enjoyment of visitors and locals alike. The
Coastal Act also requires that'visitor-serving uses be prioritized over most other uses in
the coastal zone.
Approximately 145 acres of land are designated for visitor -serving uses, primarily
Located in the Embarcadero, downtown, and State Park areas. These uses include hotels
and other lodging, restaurants, parking facilities, shopping, and entertainment options -
Because of their location near the coastline, the businesses and recreation, areas are
vulnerable to both development pressure and increasing flood risk due to seaa level rise.
The Land Use Map and policies work together to protect Visitor -serving uses from
encroachment of all kinds.
777731'AWTF u M, IwAltAw.*
certain desi pated parcels. Pursuant to the provisions of, einitlative, the following
shall obtain:
The provisions settingforth the landuse designations for Visitor -Serving
cr; r. m"''T 1
2021 and certified by the California Coastal Commission on August 12,2021,
referenced herein and amended hereby, for those parcels shown Jn Figure LIJ-
L
Figure LU4.1 depicts those parcels currently designated Visitor -Serving Commercial
and Commercial/Recreational Fishing that may, not be redesignated unless by a vote
Hof the people in accordance with the Initiative.
C. Plan Morro Say, Chapter 3B "Land Use;' is hereby amended to insert the following text
on page. 3-3-0, immediately above the heading titled 'Energy and Industrial Uses" and below the
text describing Figure LIU-5, as,follows,
Figure LU-5 identifies fishing and boating facilities in Morro Bay, differentiating between
administrative, commercial, and recreational services:
01181.0001/921033.1
The voters of Morro Bay have adopted an initiative to maintain visitor -serving and
commerciallrecreational fishing uses on certain designated parcels. Pursuant to the
provisions of the Initiative, the following shall obtain,
The provisions setting forth the land use designations for Commercial%
Recreational Fishing in Plan Morro Say as adopted by the City of Morro Bay on
May 25, 2021 and certified by the California Coastal Commission on August 12,
2021, referenced herein and amended hereby, for those parcels shown in
shower in Figure LU 4.1, shall not be further amended, even if subdivided,
except as set forth herein, unless such amendment is approved bye a vote of the
people of the City of Morro Bay.
D. Plan Morro Bays, Chapter 36 "Land Use," is hereby amended to insert the following new
POLICY LU-4.6.1 on page 3-35 and 3-36, immediately following existing POLICY LU- .6,:
POLICY LU-4_6: Development Priority. Using private lands suitable for visitor -serving
commercial recreational facilities shall have priority over using such lands for private
residential, general industrial, or general commercial development, but not over
agriculture or coastal -dependent industry.
POLICY LU-4.6.1, Amendment only by vote of the People. The voters of Morro Boy have
adopted are initiative to maintain visitor -serving rases on certain designated parcels.
Pursuant to the provisions of the initiative,, the following shall obtain:
The provisions setting forth the laird use designations for Visitor -Serving
Commercial in Plan Morro Bay as adopted by the City of Morro Bay on May 25,
2021 and certified by the California Coastal Commission can August 12, 2021,
and as referenced herein and amended hereby, for those parcels shown in
Figure tU-4.1, shall riot,be,further amended, ever? if .subdivided, except as set
forth herein, unless such amendmentis approved by a vote of the people of the
City of Morro .Boy.
E. Plan Morro Bays, Chapter 313 "Land Use,"' is hereby amended to insert the following new
POLICY LU-5.1.1 can page 3-37, immediately following existing POLICY LU-5.1:
POLICY LU-5.1: Use Conflicts. Reduce potential conflicts between commercial, fishing and
coastal recreational uses_
POLICY Ltd-5.1.1, Amendment only by vote of the People. The voters of Morro Boy have
adopted an initiative to maintain commerciallrecreational fishing uses on certain
designated parcels Pursuant to the provisions of the initiative, the following shall
obtain:
The provisions setting forth the land use designations for
CommerciallRecreationat Fishing in Plan Morro as adopted by the City of
Morro Boy on May 25, 2021 and certified by the California Coastal Commission
on August 12, 2021, for those parcels shown in Figure LU-4.1, .shall not be
feather amended, every if subdivided, except as set forth herein, unless .such
amendment is approved by a vote of the people of the City of Morro Bay.
F. Plan Morro Bay, Chapter 313 "Land Use," is hereby amended to insert this measure's
Exhibit B, as Figure LU-4.1 following page 3-31.
SECTION 3. IMPLEMENTATION.
A. Effective Date: "Effective Date" means the date that this Initiative became effective
pursuant to state law- Upon the Effective [gate of this Initiative, the City is directed to prom ptly
take all appropriate actions needed to implement this Initiative, including but not limited to,
01181.0001/921033.1 4
taking any administrative steps necessary to update any and all City maps, figures, and any
other documents maintained by the City so they conform to the legislative policies set forth in
this Initiative.
B. Plan Marra Bay General Plan: Upon the Effective Date of this Initiative, the provisions
of SECTION 2 of the Initiative are hereby inserted into the Plan Morro Bay General Plan, as an
amendment thereof, except that if the four amendments of the mandatory elements of the
General Plan permitted by state law for any given calendar year have already been used in the
year in which the Initiative becomes effective, this General Plan amendment shall be the first
amendment inserted into the Plan Morro Bay General Plan on January J. of the following year.
Upon the Effective Date of this Initiative, any provisions of the Morro Bay Municipal Code or of
any other City of Morro Bay ordinance or resolution that are inconsistent with the provisions
adopted by this initiative shall not be applied or enforced in a manner inconsistent with this
Initiative.
C. Interim Amendments- The date that the notice of intention to circulate this Initiative
was submitted to the City of Morro Bay elections official is referenced herein as the "Submittal
Date." The Plan Morro Bay General Plan in effect on the Submittal Date as amended by this
Initiative is required by state law to 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 Plan Marro Bay 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
or update to the Plan Morro Bay General Plan that is adopted between the Submittal Date and
the date that the Plan Morro Bay General Plan is amended by this Initiative measure shall, to
the extent that such interim -enacted provision is inconsistent with the Plan Morro Bay General
Plan provisions adopted by this Initiative, be amended as soon as possible to ensure
consistency between the provisions adopted by this Initiative and other provisions of the Plan
Morro Say General Plan-
D. Other City Plans, Ordinances, and Policies: The City of Morro Bay is hereby authorized
and directed to amend the Plan Morro Bay General Plan, and other City of Morro Bay plans
thereafter, as necessary to ensure consistency between the provisions adopted in this Initiative
and other sections of the Plan Morro Bay General Flan, the Morro Bay Zoning Code, and any
other City of Morro Bay plans, ordinances, and policies. Such amendments include any zoning
designations of, any lands designated by the Plan Morro Bay General Plan as Visitor -Serving
Commercial, so that the underlying zoning of the properties is consistent with the properties'
land use designation as enacted and/or affirmed by SECTION 2 of this Initiative-
E. Reorganization: The Plan Morro Bay General Plan may be reorganized or readopted in
different format, and individual provisions may be renumbered or reordered, in the course of
ongoing updates of the Plan Morro Bay General Plan in accordance with state law, provided
that the provisions of SECTION 2 of this Initiative shall remain in the General Plan unless
repealed or amended by vote of the people of the City of Morro Bay-
F. implementing Ordinances: The City Council is authorized, after a duly noticed public
hearing, to adopt implementing ordinances, guidelines, rules, and/or regulations, as necessary,
to further the purposes of this Initiative.
6. Enforcement and Defense of Initiative: The City Council shall take all steps reasonably
necessary to enforce this Initiative and to defend it against any challenge to its validity. The
proponents of this Initiative, the committee sponsoring this Initiative, or any other elector of
the City, have standing to seek a writ of mandate to - enforce the provisions of this Initiative.
1. Applications in the Planning Process: This Initiative shall apply to any City of Morro Bay
planning application that seeks to re -designate lands with a Visitor -Serving Commercial
designation as of the Effective Date of this Initiative, and where the application has not been
approved as of the Effective Date.
01181.0001/921033.1 5
J. Exemptions: The provisions of this. Initiative shall not apply to the extent, but only to the
,extent, that they would Violate the constitutions or laws of the United States or the state Of
California. Should any application of the initiative effect a taking of private property under the
constitutions or laws of the United States or the state of California, an exemption to the,
Initiative's application is permitted to the minimum extent necessary to avoid such a taking.
Any such exemption requires a finding by the City Council, based on substantial evidence, that
the application of the Initiative would constitute an unconstitutional taking of property and that
the exemption is applied only to the extent necessary to avoid an unconstitutional taking.
Likewise, an exemption to the Initiative's application is permitted to the minimum extent
necessary to avoid infringing a vested right obtained pursuant to state law as of the Effective
Date,
U41023011E,
By voting for this Initiative, the voters expressly declare their intent that any other City of
Morro Bay measure that appears on the same ballot as this Initiative and addresses voter
approval for designation or re -designation of lands designated Visitor-Servingr Commercial, or
conflicts with any provision of this Initiative, shall be deemed to conflict with the entire policy
scheme adopted by this Initiative. Because of this conflict, if this Initiative and any such other
City of Morro Bay measure receive a majority of votes by the voters voting thereon at the same
election, then the measure receiving the most votes in favor shalt prevail and no provision of
the other measure shall take effect, For the purposes of this SECTION 1, any other measure that
appears on the same ballot as this initiative and purports to amend any provision of this
Initiative shall be deemed to directly conflict with this entire Initiative.
HIMM % W110-3 Will I EA10114-LU'LLI MUSE
This Initiative shall be broadly construed in order to achieve its purpose. It is the intent of the
voters that the provisions of this Initiative be interpreted or implemented by the City of Morro
Bay in a manner that facilitates the purposes set forth in this Initiative- This Initiative shall be
interpreted so as to be consistent with all applicable Federal, State, and County laws, rules, and
regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part,
or portion of this Initiative is held to beinvalidor unconstitutional by a final judgment of a, court
of competent jurisdiction, it is the will of the voters that such decision shall not affect the
validity of the remaining portions of this Initiative. The voters hereby declare that this Initiative,
and each section, subsection, paragraph, subparagraph, sentence., clause, phrase, part, or
portion thereof would have been adopted or passed even if one or more sections, subsections,
paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions were declared
invalid or unconstitutional. If any provision of this Initiative is held invalid as applied to any
person or circumstance, such -invalidity shall not affect any application of this Initiative that can
be given effect without the invalid application.
If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the
People of the City of Morro Bay indicate our strong desire that: (1) the City Council use its best
efforts to sustain and re-enact that portion; and (2) the City Council implernent this Initiative by
taking all steps possible to cure any inadequacies or deficiencies identified by the court in
mariner consistent with the express intent of this Initiative, including adopting or reenacting
any such portion in a manner consistent with this Initiative.
Any singular term shall include the plural and any plural term shall include the singular. The title
and captions of the various sections in this Initiative are for convenience and organization only,
and are not intended to be referred to in construing the provisions of this Initiative.
4:[610*11111 IMWILIFA1491001 I W
ea-4 W W e i! 7njok- t-i r n- �ui;*W -wmru'r7rTT
of the people of the City of Morro Bay.
01181.0001/921033.1 6
SECTION 7: EXHIBITS
Exhibit A: Plan Morro Bay (2021) Figure LU-4, Land Use Map, annotated to show area affected
by this Initiative.
Exhibit B (to be inserted into Plan Morro Bay as Figure LU-4.1): Detail of Plan Morro Bay (2021)
Figure LU-4, Land Use Map, delineating parcels currently designated Visitor -Serving Commercial
and Commercial/Recreational Fishing that may not be redesignated unless by a vote of the
people in accordance with this Initiative.
01181.0001/921033.1 7
EXHIBIT A AOURE LU-4
Plan Morro Say Land Use Map L�f,tl Use
r�1r PPO HAY MW
I�
m
LEGEND
— Mwo Soy Cdy Limit
Coastal Zone Buundaryr
Plan Ares
L . ! EnYmmEntauy $Om We H.abdat 4rrm :ESHk}
® fAWD Day Zlhefe 6f irrtlr eAce
C3 Fuliun Sphore Of InnLmncn
Wi Planmg Alga
Prsforred Csanaml Plan Land Use
Law Density Res lemal
FADderate Deneire ReWWO21
Medium 4 noy Repwnuiil
High Density ResWential
NelghbomOad Cormemml
Commumtj Cormerfsal
qis�uitl CnmmerCW
%Mur Servmq Comnwra l
��:.;.: �h'aterirantCummerda6"Irdu9trlal
Ucnoral iLi hll lndusVial
CmStal DeAendens Industrial
Commercial r Reae wml Fstlirg
Hartw t NaviaAmal Ways
Opw Spate iRecte2wh
tAmed Use
Agritulture
- F'UdIG'IRStilUtlOnat
Wed -Use Resldential Overkay+
Area affected by this Initiative
See Exhibit 9
01181.0001/921033.1 8
v
Q.
EXHIBIT B
PARCELS/AREAS AFFECTED BY THIS INITIATIVE
W
Cj
O
Morro # %
Rock i
1
*ft MONO
Visitor Servings Commercial Commercial { Recreational Fishing
Mixed -Use Residential Overlay
Areas .affected by this Initiative
01181.0001/921033.1 9