MARCH 18, 2009
To: Susan M. Ranochak
Assessor Clerk Recorder, Mendocino County
Re: ~. Notice of Intent To Circulate Petition & Statement of
Reasons. ~. Request for Ballot Title and Summary for an Initiative to
Amend the General Plan and the Inland Zoning Code of the County of
Mendocino, and enact the Mendocino Crossings Mixed Use Masonite
Specific Plan. 3. Text of the Proposed Initiative.
NOTICE
OF INTENTION TO CIRCULATE PETITION
Notice is hereby given by the persons whose names appear below of their
intention to circulate the petition within the County of Mendocino for
the purpose of proposing to the voters of Mendocino County amendments
to the General Plan and Inland Zoning Code of the County of Mendocino,
and enactment of the Mendocino Crossings Mixed Use Masonite Specific
Plan.
STATEMENT
OF REASONS
A Statement of Reasons for this Initiative is as follows:
The purpose of this Initiative is to enact the
Mendocino Crossings Mixed Use Masonite Specific Plan for the former
site of the Masonite facility in order to increase Mendocino County's
economic base and to meet future mix of commercial and residential
housing needs. The Specific Plan is designed to: t) Create jobs by
providing for a mix of land uses including large and small retail,
commercial, office, and light industrial that will create a variety of
new job opportunities at various wage levels; 2) Keep sales tax revenue
in the County by providing new retail opportunities; 3) Provide
increased funding for public services and schools through the property
and sales taxes generated by the project; 4) Allow for residential
units with the retail and commercial uses to create a walkable
live work community; 5) Incorporate solar energy technology into the
Specific Plan area; 6) Reduce environmental impacts and conserve energy
through green building techniques and other mitigation measures; 7)
Conserve and enhance County water resources by providing an independent
water source to serve the Specific Plan area; 8) Incorporate detention
ponds and
.
bio swales to capture storm water runoff; 9)
Accommodate public transportation to bring people to the project and to
the City of Ukiah from the surrounding region; io) Provide pathways and
bicycle storage areas to encourage alternative modes of transportation.
REQUEST FOR BALLOT TITLE AND SUMMARY
The person whose names and addresses appear below,
voters of the County of Mendocino, hereby request that, within ~5 days,
a ballot title and summary be prepared for the proposed Initiative
filed herewith. Please forward this request immediately to the County
Counsel for the County of Mendocino as required by Elections Code
section 9105.
This Request for Ballot Title and Summary is
accompanied by the text of the proposed initiative.
Proponents,
David C. Clark
Executive Director, Mendocino
County Tomorrow
1003 Pine Street
Ukiah, CA 95482
Daniel J. Rosales
President, Mendocino County
Tomorrow
2184 Primrose Drive #3
Willits, CA 95490
Katie Battaglia Huerta
Director, Mendocino County
Tomorrow
2140 Gowan Way
Redwood Valley, CA 95470
Carol Elaine Myer
Director, Mendocino County
Tomorrow
1492 Fawnwood Drive
Ukiah, CA 95482
Text of Proposed
Initiative Measure
To the Elections Official for the County of Mendocino:
We, the undersigned, registered voters of the County
of Mendocino hereby propose the following Initiative measure. We
petition you to submit this Initiative measure to the Board of
Supervisors of the County of Mendocino for adoption without change or
for submission to the voters of the County of Mendocino at a special
election. If not qualified for a special election, we request that the
Initiative measure be submitted to the voters of the County of
Mendocino at such other election for which the measure is qualified in
accordance with the California Elections Code. The Initiative measure
provides as follows:
The people of the County of Mendocino do ordain as follows:
Section 1. Purpose.
The purpose of this Initiative is to enact the Mendocino Crossings
Mixed Use Masonite Specific Plan for the former site of the Masonite
facility in order to increase Mendocino County's economic base and to
meet future mix of commercial and residential housing needs, and to
amend the General Plan and Inland Zoning Code to accommodate same. The
Specific Plan is designed to
l) Create jobs by providing for a mix of land uses including large and
small retail, commercial, office, light industrial that will create a
variety of new job opportunities at various wage levels;
2) Keep sales tax revenue in the County by providing new retail
opportunities;
3) Provide increased funding for public services and schools through
the property and sales taxes generated by the project;
4) Allow for residential units with the retail and commercial uses to
create a walkable live work community;
5) Incorporate solar energy technology into the Specif~c Plan area;
6) Reduce environmental impacts and conserve energy through green
building techniques and other mitigation measures;
7) Conserve and enhance County water resources by providing an
independent water source to serve the Specific Plan area;
8) Incorporate detention ponds and bio swales to capture storm water
runoff;
9) Accommodate public transportation to bring people to the project and
to the City of Ukiah from the surrounding region;
10) Provide pathways and bicycle storage areas to encourage alternative
modes of transportation.
Section 2. General Plan Amendment.
The General Plan of the County of Mendocino is amended as set forth in
Exhibit A attached hereto and incorporated herein by reference as if
fully set forth. The full text of Exhibit A commences on page A 1 of
this petition. (Proposed deletions from the existing text of the
Mendocino County General Plan are shown in strikethrough text; proposed
additions are shown in underlined text.)
Section 3. Amendment to the Inland
Zoning Code, Division I of Title 20.
The Inland Zoning Code of the County of Mendocino is amended by adding
Section 20.138.025 to Chapter 20.138, to provide as follows (proposed
additions to the text of the Inland Zoning Code are shown in underlined
text):
Section 20.138.025 "P 2": Mendocino Crossines
Mixed Use Masonite Specific
Plan.
The P 2 Mendocino Crossinas Mixed Use Masonite Specific Plan shall
apply to the area covering Assessor Parcels 170 170 04. 05 and 12:
170 190 02. 03. 04. 05. 06. 09, 14 and 15.
Section 4. Adoption of Mendocino
Crossings Mixed Use Mason~te Speciffc Plan.
The Mendocino Crossings Mixed Use Masonite Specific Plan is hereby
adopted. The full text of the Mendocino Crossings Mixed Use Masonite
Specific Plan is set forth in Exhibit B attached hereto and
incorporated herein by reference as if fully set forth. The filll text
of Exhibit B commences on page B 1 of this petition. (The language of
the proposed Specif c Plan is entirely new.)
Section 5. Implementation.
A. Effective Date.
This Initiative shall be effective as provided
in section 9122 of the California Elections Code. Upon the effective
date of this Initiative, its provisions a~nending the General Plan of
the County of Mendocino are hereby inserted into the General Plan as an
amendment thereof, except that if the four amendments of the mandatory
elements of the General Plan that are permitted by State law for any
given calendar year have already been utilized in the calendar year in
which the Initiative becomes effective, this General Plan amendment
shall be the first amendment inserted in the County's General Plan on
January 1 of the next year. Upon the effective date of this Initiative,
any provisions of the County's Zoning Code or Zoning Maps or other
ordinances and policies affected by this Initiative that are
inconsistent with the General Plan amendments adopted by this
Initiative shall not be enforced to the extent of such inconsistency.
B. Reconciliation of Provisions.
The Mendocino County General Plan in effect on the
date of the filing of the Notice of Intent to Circulate this Initiative
petition ("Filing Date"), and that General Plan as amended by this
Initiative, comprise an integrated, internally consistent and
compatible statement of policies for the County. In order to ensure
that the County's General Plan remains an integrated, internally
consistent and compatible statement of policies for the County as
required by State law, and to ensure that the actions of the voters in
enacting this Initiative are given effect, any provisions of the
General Plan or Maps, Zoning Code or Zoning Maps, or other ordinances
or policies affected by this Initiativ. shall be amended as soon as
possible and in the manner and time required by state law to ensure
consistency with the provisions adopted by this Initiative.
C. Interim Amendments.
The Mendocino County General Plan in effect on the
date of the filing of the Notice of Intent to Circulate this Initiative
petition ("Filing Date"), and that General Plan as amended by this
Initiative, comprise an integrated, internally consistent and
compatible statement of policies for the County. In order to ensure
that the County's General Plan remains an integrated, internally
consistent and compatible statement of policies for the County as
required by State law, and to ensure that the actions of the voters in
enacting this Initiative are given effect, any provision of the General
Plan that is adopted between the Filing Date and the date that the
General Plan is amended by this initiative shall, to the extent that
such interim enacted provision is inconsistent with the General Plan
amendments adopted by 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 County's General Plan.
Section 6. Interpretation &
Severability.
This Initiative shall be interpreted so as to be consistent with all
federal and state laws, rules, and regulations. If any section,
sub section, sentence, clause, phrase, part, or portion of this
Initiative, is held to be invalid or unconstitutional by a fmal
judgment of a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Initiative. The
voters hereby declare that this Initiative, and each section,
sub section, sentence, clause, phrase, part, or portion thereof would
have been adopted or passed even if one or more sections, sub sections,
sentences, clauses, phrases, parts, or portions are 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. This Initiative shall be broadly
construed in order to achieve the purposes stated in the Initiative.
Section 7. Effect of Other Measures on
Same Ballot.
This Initiative adopts General Plan amendments, Inland Zoning Code
amendments, and the Mendocino Crossings Mixed Use Masonite Specific
Plan for the site of the former Masonite facility, Assessor Parcels
170 170 04, 05 and 12; 170 190 02, 03, 04, 05, 06, 09, 14 and 15. By
voting for this Initiative, the voters expressly declare their intent
that any other measures which appear on the same ballot as this
Initiative and relate to the general plan designation, zoning, or
permitted uses on the site of the former Masonite facility, Assessor
Parcels 170 170 04, 05 and 12; 170 190 02, 03, 04, 05, 06, 09, 14 and
15, or which purport to amend or limit any provision of this
Initiative, or allow uses incompatible with this Initiative, shall be
deemed to conflict with the entire cohesive scheme adopted by this
Initiative. Because of this conflict, if this Initiative and any such
other 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 measures shall take
effect.
Section 8. Amendment.
Except as provided in the Mendocino Crossing Mixed Use Masonite
Specific Plan, this Initiative may be amended only by a majority vote
of the voters of Mendocino County.
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