HomeMy WebLinkAboutReso 72-24 Declaring Election ResultsRESOLUTION NO. 72-24
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD IN THE CITY OF MORRO BAY ON THE 5t" DAY OF NOVEMBER 2024,
DECLARING THE RESULTS THEREOF,
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, a General Municipal Election was held and conducted in the City of
Morro Bay (City), County of San Luis Obispo, State of California, on Tuesday, November
51 2024, as required by law (the "Election"); and
WHEREAS, notice of the Election was duly and regularly given in time, form and
manner as provided by law; voting precincts were properly established; election officers
were appointed; and in all respects the Election was held and conducted and the votes
were cast, received and canvassed and the returns made and declared in time, form and
manner as required by the provisions of the Elections Code of the State of California for
holding elections in general law cities; and
WHEREAS, the San Luis Obispo County Elections Division canvassed the
returns of the election and the County Clerk has certified the results to this City Council,
and the results are received, attached and made part hereof as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, California, as follows:
1. The whole number of votes (ballots) cast in the precincts was 366 and the whole
number of vote by mail voter ballots cast in the City was 6,621, making a total of
6,987 votes (ballots) cast in the City.
2. The names of the persons voted for at the Election for Mayor (vote for one (1)
Mayor) were as follows:
Carla Wixom
The names of the persons voted for at the election for Council Member (vote for
two (2) Council Members) were as follows:
Bill Luffee
Jeff Eckles
The measure voted upon at the election is as follows:
CITY OF MORRO BAY
MEASURE A-24
Shall the measure, to amend Plan Morro may (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 NO
former power plant, portions along sides of Embarcadero
Road from Beach Street to Atascadero Road, and along
Coleman Drive), be adopted?
3. The number of votes given at each precinct and the number of votes given in the
City to each of the persons above named for the respective offices for which the
persons were candidates were as listed in Exhibit "A," attached.
4. The City Council does declare and determine:
a. CARLA WIXOM was elected as Mayor of the City for the full term of two
years;
b. JEFF ECKLES was elected as Council Member of the City for a full term
of four years; BILL LUFFEE was elected as Council Member of the City
for a full term of four years; and
c. As a result of the election, a majority of the voters voting on Measure A-
24 relating to a General Plan Amendment voted in favor of the measure,
the measure carried and shall be deemed adopted upon the date the vote
is declared by the City Council of the City of Morro Bay, and go into effect
ten days after the date the vote is declared by the City Council of the City
of Morro Bay, pursuant to Election Code section 9217. Measure A-24
(Ordinance No. 659) is attached hereto as Exhibit "B,"
5. The City Clerk shall enter on the records of the City Council of the City, a
statement of the result of the Election, showing: (1) the whole number of votes
(ballots) cast in the City, (2) the names of the persons voted for, (3) for what
office each person was voted for, (4) the number of votes given at each precinct
to each person and (5) the total number of votes given to each person.
6. The City Clerk shall make and deliver to each of such persons so elected a
Certificate of Election signed by the City Clerk and authenticated; and the City
Clerk shall administer to each person elected, the Oath of Office prescribed in
the State Constitution of the State of California and shall have them subscribe to
it and file it in the office of the City Clerk. Each and all of the persons so elected
shall then be inducted into the respective office to which they have been elected.
7. The City Clerk shall certify to the passage and adoption of this Resolution and
shall enter it into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 10th day of December 2024 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
RECUSE:
Wixom, Barton, Edwards,
None
None
None
None
ATTEST:
?" cfu%z�
DANIP SWANSON, City Clerk
Ford, Landrum
CARLA WIXOM, Mayor
Exhibit A
CERTIFICATE OF THE COUNTY CLERK-RECORDER/REGISTRAR OF VOTERS
RESULTS OF CANVASS OF ALL VOTES CAST
NOVEMBER 5, 2024, GENERAL ELECTION
CITY OF MORRO BAY
I, ELAINA CANO, County Clerk -Recorder of the County of San Luis Obispo, do hereby
certify that pursuant to law I did canvass the returns of the votes cast at the above
referenced election in the City of Morro Bay on November 5, 2024, and that a copy
of the Statement of Votes Cast to which this certificate is attached, shows the number
of votes cast in said city for each candidate for the office of Mayor and Member of
the City Council and that the totals shown for each candidate for the office of Mayor
and Member of the City Council in said City in each of the respective precincts therein,
are full, true and correct.
WITNESS, my hand and Official Seal this 3�d Day of December 2024.
ELAINA CANO
San Luis Obispo County Clerk-Recorder/Registrar of Voters
Page: 1 of 3 12J4/2024 2:36:25 PM
SOVC for: City of Morro Bay, Mayor, City of Morro Bay, Councilmember, City of Morro Bay,
All Counting Groups
NOVEMBER 5, 2024, GENERAL ELECTION
COUNTY OF SAN LUIS OBISPO
OFFICIAL ELECTION RESULTS - CITY OF MORRO BAY
Precinct Registered Voters Cast %Turnout
Voters
County
Electionwide
202
Polling 4,116I 1791 4.35%
Vote by Mail 44116 31322I 80.71%
Total 4,116 31501I 85.06%
203
Polling, 10681I 781 4.64%
Vote by Mail 1,681 I 11346I 80.07%
Totals 1,681 1,424I 84.71%
204 , 1
Polling 2,3851 109I 4.57%
Vote by Mail 2,385I 1,9531 81.89%
Total 2,385I 2,062 86.46%
MB21 —
Pollingl 0 0 N/A
Vote by Mail 0 0 N/A
Total 0 0 N/A
Electionwide - Total 80182I 6,987 85.39%
County - Total 8,182I 61987 85.39%
Polling 81182I 3661 4A7%
Vote by Mail 801821 616211 80.92%
Page: 2 of 3
City of Morro Say, Mayor (Vote for 1)""-InsuJficientRimouttoProtect VoterPrivacy
a
d
U v
Precinct E j
County
Electionwide
202 -I
Polling 179� 4,116
Vote by Mail 30322I 41116
Total 3,501 41116
203
Polling 7811681
Vote by Mail 11346 10681 `
Total 1,4241 1,681
204 I - — —
Polling 109 2$85
Vote by Mail 1,953 21385
Total 21062 2,385
MB21
Palling, 0 0
Vote by Mail 0 0
Total 0 0
Electionwide - Total 61987 8,182
County - Total 61987 81182
v
o
0
v
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O
I
i
68
0
882
0
950
0
271
0
397
0
424
0
35
0
502'
0
537
0
0
0
0
0
0
----0
0
1,911
0
Precinct
County
Electionwide
202
Polling
Vote by Mail
Total]
203
Polling i
Vote by Mail
Total
Polling
Vote by Mall
Total,
MB21
Polling)
Vote by Mail
Total
Electionwide - Total
County - Total
0
x
3
v
V
0
2,4A0 21440
2,551 21551
51 51
949 949
1,000 11000
7A 74
1,451 11451
1,525 11525
0 0
0 0
0 0
5,076 51076
5,076 _ 5,076
12/4/2024 2:36:25 PM
Page: 3 of 3
City of Morro Bay, Councilmember (Vote for 2) ****-Insufficient Turnout to Protect Voter Privacy
v 61
Precinct FE—. Precinct m
County I County
Electionwide 1 Electionwide
202 202
Polling 179 4,116I 2161 0 Polling) 541
Vote by Mail 3,322 4,1161 3,208I 2 Vote by Mail 1,4291
Total 30501 4,1161 3,4241 2 Totall 1,4831
.203 203 1 1
Polling 781 1,6811 921 0 Polling) 191
Vote by Mail 1,346 1,6811 1,367I 0 Vote by Mail 5461
Total 11424 1,681 11459I 0 Totall 5651
204 204
Polling 1091 2,3851 1171 0 Polling 36
Vote by Mail 1,953I 213851 118481 0 Vote by Mail 888
Total 21062I 2,3851 119651 0 Total 924
MB21 I MB21
Polling 01 0 0 0 Polling 0
Vote by Mail 01 0 0 0 Vote by Mail 0
Total 01 01 0 0 Total, 0
Electionwide - Total 6,987 1 8,1821 6,848 2 Electionwide - Total 2,972
County - Total 6,987 8,1821 6,848 21 County - Total 21972'
12/4/2024 2:36:25 PM
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v
w
_
0
1
I
SB 142
2,005 3,434
2,0931 3,576
1 _
451 1 64
7791 1 10325
8241 j 11389
651 1 101
1,170I 2,058
1,235I 2,159
0 1 0
0 0
4e1521 7,124
4,1521 j 71124
CERTIFICATE OF THE COUNTY CLERK-RECORDER/REGISTRAR OF VOTERS
RESULTS OF CANVASS OF ALL VOTES CAST
CITY OF MORRO BAY -MEASURE A-24
GENERAL ELECTION, NOVEMBER 5, 2024
I, ELAINA CANO, County Clerk -Recorder of the County of San Luis Obispo, do hereby
certify that pursuant to law I did canvass the returns of the votes cast at the above
referenced election in the City of Morro Bay on NOVEMBER 5, 2024, and that a copy of
the Statement of Votes Cast to which this certificate is attached, shows the number of
votes cast in said city for and against said measure, and that the totals shown for and
against said measure in said city, and in each of the respective precincts therein, are full,
true and correct,
MEASURE A-24
"INITIATIVE MEASURE TO AMEND CITY OF MORRO BAY'S GENERAL PLAN (PLAN
MORRO BAY), ADOPTED BY CITY COUNCIL ON MAY 2512021, 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"
WITNESS, my hand and Official Seal this 3rd Day of December 2024.
ELAINA CANO
San Luis Obispo County Clerk-Recorder/Registrar of Voters
Page: 1 of 2
203
rZ7t
M621
Precinct
County
Electionwide
Polling
Vote by Mail
Total
Polling
Vote by Mail
Total
Polling
Vote by Mail,
Total
Polling
Vote by Mail
Total
Eiectionwide - Total
County - Total
Polling
Vote by Mail
SOVC for: Measure A-24 City of Morro Bay General Plan Amendment (50 % +1), City of
Morro Bay, All Counting Groups
NOVEMBER 5, 2024, GENERAL ELECTION
COUNTY OF SAN LUIS OBISPO
OFFICIAL ELECTION RESULTS - MEASURE A-24
Registered Voters Cast %Turnout)
Voters
4,116 179
4,116 31322I
4,116 3,501I
1,681 78 4.64%'
1,681 1,346 8D.07%
1,681 1,424. 84.71%I
2,3851 109 4.57%I
2,3851 1,953 81,89%
2,3851 21062I 86.46%
01 01 N/A
01 01 N/A
0 01 N/A
8,1821 61987I 85,39%
8,1821 6,987 85.39%
8,1821 366 4A7%
8,1821 6,621 I 80.92%
12/4/2024 3:15:52 PN
Page: 2 of 2 12/4/2024 3:15:52 PM
Measure A-24 City of Morro Bay General Plan Amendment (50 % +i) (Vote for i) •='•-Insufficient nmout to Protect Voter
Privacy
I
Precinct
I County
Electionwide
202
Polling
Vote by Mail
Total
203
Polling
Vote by Mail
I
Total
�204 I
Polling
Vote by Mail
Total
MB21
Polling
Vote by Mail
Total
Electionwide - Total
County - Total
}_ j j p Precinct
Z F
County
Electionwide
l 202
i
179 411161 21 0 Polling) 102 56 1 158
31322 41116 178 1 Vote by Mail'
11941 11202 3,143
3,501 41116, 199; 1 Total 2,043 11258 l 31301
l 203
78 1,681 15 0 Polling 37 I 26 63
1,346 10681 94 2 Vote by Mail 724 5261 1,250
11424 1,681 109 2 Total 761 5521 11313
_ 204
109 2,385 11 0 Polling) 58 40 98
1,953 20385 89 1 Vote by Mail; 11078 785 10863
2,062 2,385 100 1 Totall 10136 825 1961
MB21 l
0 0 0 0 Polling) 0 01 l 0
0 0 0 o Vote by Mail l 0 0 l 0
0 0 0 0 Totalj 0 0 01
61987 8,182 408 4 Electionwide - Total 3,940 20635. 6,575,
61987 8,182 408 4 County - Total 3,940 20635 6$7S'
EXHIBIT B - ORDINANCE NO.659
(MEASURE A-24, 2024)
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 COMMERCIAURECREATIONAL
FISHING, ON CERTAIN DESIGNATED PARCELS WITHIN THE CITY
01181 0001 /921057.1
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 Bays waterfront and Embarcadero;12) prevent the
visual and physical degradation of Morro Bays natural environment; (3) promote the health
and safety of Morro Bads 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 Bay, the City of Morro Bay's General
Plan, adopted in May, 2021 to readopt and reaffirm the existing "Visitor -Serving Commercial"
and "Commercial/Recreational Fishing" land use designations for certain parcels situated on
both sides of Embaradero 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 Say 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 Marro Bay serves as the City of Morro Bay's General Plan, prepared in
accordance with Government Code section 653GG 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 Marro Boy 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 Boy General Plan.
2_ Plan Morro Boy 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 Marro Bay is in the coastal zone.
Coastal priority uses range from visitor -serving recreation and services to coastal
dependent businesses such as aquaculture 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 developmen t should be
reserved for 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.
01 ieLMM[07. i
5. Consistent with the Plan Mono Bay General Plan's Visitor -Serving Commercial
designation, the City's Zoning Code currently allows for a wide variety of tourism-ariented
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
establishments selling 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
follows, permitting them at a floor -area ratio of up to 0.5:
[This designation] Implements Measure D, which protects the tidelands area between
Beach Street and Target Rock. Development and use permits are limited to fishing
activities only.
7. Consistent with the Plan Morro Bay 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 for the purpose of serving or facilitating licensed commercial fishing activities
or noncommercial recreational fishing activities, or if clearly incidental thereto.
8. Plan Morro Bay 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 -Serving
Commercial uses, and on both sides of Coleman Drive including Morro Rock for
Commerdal/Recreational uses, referred to as the "Measure D Area; and further shown on
Exhibit B.
states:
9_ Plan Morro Bay currently includes POLICY LU-4.2:
Measure D/Commercial/Recreational Fishing Uses: Ensure commercial fishing
activity is prioritized in the Measure D area.
10_ Plan Marro Boy currently includes POLICY LU-4.6: Development Priority, which
Using private lands suitable for visitor -serving commercial recreational facilities shall
have priority over using such lands for private residential, general industrial, orgeneral
commercial development, but not over agriculture or coastal -dependent industry.
11. Plan Morro Bays Visitor -Serving Commercial and Commercial/Recreational
Fishing land use designations are critical to maintaining Morro Bays economic vitality, quality
of life, status as a tourist destination, recreational resources, and natural environment
12. Any change in Plan Morro Bays Visitor -Serving Commercial and/or
Commerdal/Recreational Fishing land use designations to allow industrial or other non-
commercial uses will have a deleterious impact an Morro Bay's citizens, its economy,
environment, reputation, and overall qualify 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 Commercial/Recreational Fishing uses are not permitted to operate on those
parcels situated on both sides of Embarcadero Road from Beach Street to Atascadero Road, and
1-1113xrcaruzamsx1
Coleman Drive including Morro Rock parking lots, unless a majority of Morro Bay voters
approve of such other uses.
SECTION 2: PLAN MORRO DAY GENERAL PLAN AMENDMENTS.
A. This Initiative hereby amends the Plan Morro Bay General Plan as adopted by the City of
Morro Bay on May 25 ., 2021, and as approved by the California Coastal Commission on 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 or 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 3B "Land Use," is hereby amended to insert the following text
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 Morro Bay,
and these uses 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 sea level rise.
The Land Use Map and policies work together to protect visitor -serving uses from
encroachment of all kinds.
The voters of Morro Bay have adopted an initiative to maintain visitor -serving 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 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 on August 12, 2021,
referenced herein and amended hereby, for those parcels shown in Figure LU-
4.1 below, shall not be further amended, even if subdivided, except as set forth
herein, unless such amendment is approved by a vote of the people of the City
of Morro Bay.
Figure LU4.1 depicts those 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 the Initiative.
C. Plan Morro Bay, Chapter 3B "Land Use," is hereby amended to insert the following text
on page 3-30, immediately above the heading titled "Energy and Industrial Uses" and below the
text describing Figure LU-5, as follows:
Figure LU-5 identifies fishing and boating facilities in Morro Bay, differentiating between
administrative, commercial, and recreational services:
01181 0001.921057.1
The voters of Morro Bay have adopted an initiative to maintain visitor -serving and
commercial/recreational fishing uses an certain designated parcels. Pursuant to the
provisions of the Initiative, the following shall obtain:
The provisions setting Earth the land use designations for Commercial/
Recreational Fishing in Plan Morro Bay 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
shown in Figure LU-4.1, shall not be further amended, even if subdivided,
except as set forth herein, unless such amendment is approved by a vote of the
people of the City of Morro Bay.
D. Plan Morro Bay, Chapter 3B "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-4.6:
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 Bay have
adopted an initiative to maintain visitor -serving uses on certain designated parcels.
Pursuant to the provisions of the Initiative, the following shall obtain:
The provisions setting forth the land use designationsfor Visitor -Serving
Commercial in Plan Morro Bay as adopted by the City of Morro Bay on May25,
2021 and certified by the California Coastal Commission on August 12, 2021,
and as referenced herein and amended hereby, for those parcels shown in
Figure LU-4.1, shall not be further amended, even if subdivided, except as set
forth herein, unless such amendment is approved by a vote of the people of the
City of Morro Bay.
E. Plan Morro Bay, Chapter 3B "Land Use," is hereby amended to insert the following new
POLICY LU-5.1.1 on 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 LU-5.1.1: Amendment only by vote of the People. The voters of Morro Bay have
adopted an initiative to maintain commercial/recreational fishing uses on certain
designated parcels. Pursuant to the provisions of the Initiative, the following shall
obtain:
The provisions seffing forth the land use designations for
Commercial/Recreational Fishing in Plan Morro as adopted by the City of
Morro Bay 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
further amended, even 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 3B "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 Date of this Initiative, the City is directed to promptly
take all appropriate actions needed to implement this Initiative, including but not limited to,
01191 WOI0'_1057 1
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 Morro 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 1 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
Data-" The Plan Morro Boy 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 Morro 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
Marro Bay General Plan.
D. Other City Plans, Ordinances, and Policies: The City of Morro Bay is hereby authorized
and directed to amend the Plan Morro Boy 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 Mono Boy General Plan, 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 Boy 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.
G. 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.
011810 1/ 11057.1
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.
SECTION A: EFFECT OF COMPETING OR ALTERNATIVE MEASURE ON THE SAME BALLOT
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 -Serving 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 shall prevail and no provision of
the other measure shall take effect For the purposes of this SECTION 9, 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.
SECTION 5: SEVERABILITY AND INTERPRETATION
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 be invalid or 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 implement this Initiative by
taking all steps possible to cure any inadequacies or deficiencies identified by the court in a
manner 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.
SECTION 6: AMENDMENT AND REPEAL
Except as otherwise provided herein, this Initiative may be amended or repealed only by a vote
of the people of the City of Morro Bay.
01181 0001i921057 1
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 Marro Bay (2021)
Figure LU-4, Land Use Map, delineating parcels currently designated Visitor -Serving Commercial
and CommerciaVRecreational Fishing that may not be redesignated unless by a vote of the
people in accordance with this Initiative.
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EXHIBIT A
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it Plan Morro Bay Land Use Map L"LuMap
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See Exhibit B
01181 "IM1051.1 9
EXHIBIT B
PARCELS/AREAS AFFECTED BY THIS INITIATIVE
visitor Serving Commercial = Commercial / Recreational Fishing
Mixed -Use Residential Overlay
DAreas affected by this Initiative
01181.000INL037.1 10