This is an archive of a past election.
See http://www.smartvoter.org/ca/or/ for current information.
LWV League of Women Voters of California Education Fund If you appreciate our service to voters, please consider helping us with a donation.
Smart Voter
Orange County, CA June 8, 2010 Election
Measure D
Right-to-Vote Amendment
City of Mission Viejo

Right-to-Vote Amendment - Majority Approval Required

Fail: 7,891 / 37.6% Yes votes ...... 13,072 / 62.4% No votes

See Also: Index of all Measures

Results as of Aug 20 9:40pm, 100.0% of Precincts Reporting (72/72)
30.1% Voter Turnout (482,708/1,603,312)
Information shown below: Impartial Analysis | Arguments | Full Text

Shall the ordinance requiring voter approval of certain amendments to the City of Mission Viejo's land use laws, documents, or regulations if those amendments change the zoning of residential parcels or commercial or industrial parcels larger than two acres, increase the number of units or parcels on a residential parcel, provide for private development of public land, or make other specified changes, and specifying procedures for hearings on other land use law amendments, be adopted?

Impartial Analysis from City Attorney
The Ordinance requires additional steps before the City can take certain legislative actions or make specified decisions about land uses and zoning. These steps include additional hearings, additional City Council review, or a city-wide vote, depending on the action taken.

Until these additional steps are taken, the Ordinance prohibits the City Council from repealing, amending or adopting specified planning, regulatory, and legislative documents, including the City's General Plan, zoning ordinances, zoning map, specific plan(s) and development agreement(s) (collectively defined as "Planning Policy Documents").

The ordinance classifies changes to land uses as either Major Amendments or Minor Amendments. Minor Amendments are actions that are not a Major Amendment. Major Amendments are amendments to the "Planning Policy Documents" that change land's development standards to:

  • increase the allowable number of residential units on residentially zoned land;
  • increase the number of parcels allowable in a subdivision of land;
  • change residential land use to any other land use;
  • change non-residential land uses to residential uses with a density inexcess of 6.5 net dwelling units per acre;
  • change non-residential land to allow a mixture of commercial and residential uses;
  • provide for private development of land owned by a governmental entity within five years of the date of the approval to develop the land;
  • repeal any of the Planning Policy Documents;
  • change any commercial or industrial land to allow other uses if the total area of the land being changed is over two acres;
  • change open space land use to allow any other land use; or
  • change any recreation land to allow any land use except open space land uses.

Per the Ordinance for Major Amendments to be effective a majority of the City's "electorate" must approve them at a regular or special election. Electorate is undefined in the Ordinance; it could mean every person who is capable of voting or only those who actually voted in the election. Applicants seeking Major Amendments must bear the election costs. The Ordinance requires specified ballot materials to be provided to voters before the election, including a map of the "area affected" by a proposed change and certain additional information. Prior to a vote the City Council must adopt an ordinance approving the landowner's request, after noticed public hearings by both the Planning Commission and the City Council. Notice of these hearings must be given to people within a 1500 foot radius of the affected land, the ordinance specifies what must be in this notice.

The Ordinance will be added into and will amend the City General Plan and Zoning regulations.

The Ordinance will not be applied to preclude City compliance with housing regulations under State law. This means all housing laws, including affordable and market rate housing, as subject to State laws, will not be controlled or subject to this ordinance.

This ordinance will trump all contrary City laws, cannot be changed without a public vote, and is immediately effective if adopted.

 
This election is archived. Any links to sources outside of Smart Voter may no longer be active. No further links will be added to this page.
Links to sources outside of Smart Voter are provided for information only and do not imply endorsement.

Arguments For Measure D Arguments Against Measure D
Do you want to preserve Mission Viejo as a great place to raise a family and a safe place to live? This measure will preserve our special way of life.

Elected officials at all levels of government have failed us! In Mission Viejo, campaign donations from special interests have caused council members to forget who they work for. A developer can get a zone change against the will of residents by lining up three council votes. Voters need a safeguard, and this measure will stop this sellout.

This measure will return power to the people, giving voters the final word on rezoning and other Major land-use changes. This includes such life-changing rezoning as commercial (sales tax-generating) to high-density housing or Open Space to any other use. It doesn't include little things like a home remodel or addition.

Mission Viejo as a Master Planned community has a specific use for every parcel and balance between such elements as housing, open space and business. Over the years, various city councils subverted the Master Plan by approving more and more high-density housing, at the expense of the surrounding neighborhoods and over the futile protests of neighbors.

This measure empowers voters to overrule bad council decisions, such as allowing apartments on top of stores or converting a golf course to assisted living. Projects will still go through existing review processes of the Planning Commission and council to ensure that all standards are met. After the council approves a project, we the people will decide if we want the proposed project.

Yorba Linda's citizens passed a law nearly identical to this one, and it's working well.

Take back control of Major land-use changes and stop bad council decisions by voting yes.

More information http://www.missionviejorighttovote.com

s/ Mathew J. Corrigan
s/ Carl W. Schulthess
s/ Lisa C. DePaul Snyder
s/ Philip G. Steinhauer
s/ Elizabeth Mimm

Rebuttal to Arguments For
Mission Viejo is one of the finest places to live in America. We enjoy world-class parks and recreational facilities, wonderful schools and friendly neighborhoods.

Our City Council and planning staff have protected Mission Viejo from the ills that plague other cities for 22 years, consistently upholding the "Master Plan." As a matter of fact, there hasn't been a single residential unit built in Mission Viejo in OVER A DECADE.

WHY WOULD ANYONE DISMANTLE THIS PROCESS, PLACING OUR CITY AT RISK? This is what those behind Measure D are proposing, scaring voters with phantom problems in order to circumvent our City's planning processes. Here are the facts:

  • According to our City Attorney, citing numerous flood control and housing laws, Casta Del Sol Golf Course is in a FLOOD CHANNEL AND CAN NEVER BE DEVELOPED.

  • Section 6.1 of Measure D includes a legal loophole that effectively TRANSFERS LOCAL PLANNING CONTROL to state bureaucrats and regulators, and PROMOTES SUBSIDIZED HOUSING in any future developments

  • Measure D is a JOB KILLER, making it nearly impossible for local businesses to expand when we desperately need new jobs.

Measure D is yet another in a long line of election process abuses by disgruntled special interests that have cost Mission Viejo taxpayers hundreds of thousands of dollars in the last six months alone! It is time for this abuse to stop.

For more information, please visit http://www.protectmissionviejo.com.

Measure D places Mission Viejo's quality of life at risk. Please VOTE NO!

s/ Nancy B. Cho
Chair, Mission Viejo Heritage Committee
s/ Dennis O'Connor
Chamber of Commerce Board Member
s/ Joyce L. Saltzgiver
Board Member, Casta del Sol HOA
s/ Peter F. Bastone
President and CEO, Mission Hospital Regional Medical Center
s/ Donna G. Varner
VP Foundation Board of Governors, Saddleback College

Don't be fooled by Measure D!

The authors of this misleading initiative conned voters into signing petitions claiming that Casta Del Sol Golf Course was in danger from developers.

Nothing could be further from the truth.

Casta Del Sol Golf Course is in an existing FLOOD CONTROL CHANNEL. The authors of this Initiative knew this and purposefully misled voters into signing the petition. DON'T LET THEM FOOL YOU! Vote NO on Measure D.

Here's what Measure D will do:

  • Section 6.1 is so sloppily written that it will essentially hand all local control for planning to the State, circumventing our city's Planning and Environmental Review process. Please read Section 6.1 carefully. Measure D ACTUALLY EXCLUDES HOUSING from any vote of the people. If this passes, Mission Viejo housing decisions will be placed in the hands of State regulators and bureaucrats, not Mission Viejo voters.

  • Section 6.1 also promotes SUBSIDIZED HOUSING in any new building in Mission Viejo, and Mission Viejo taxpayers to pay for it.

  • ItplacesimpossiblerestrictionsonbusinessintheCityatatimewhen we should be doing everything we can to promote jobs. A HUGE JOB KILLER FOR OUR COMMUNITY.

Measure D is brought to you by the same group of radical, irresponsible activists that has cost Mission Viejo Taxpayers over $500,000 in special elections costs over just the past 6 MONTHS! It is time for these special interests to stop abusing the election process in Mission Viejo.

For more information, please visit http://www.protectmissionviejo.com.

Measure D places Mission Viejo's world-class quality of life at risk. Please VOTE NO!

s/ Frank Ury
Council Member
City of Mission Viejo

Rebuttal to Arguments Against
Mr. Ury's Argument relies on factual errors and scare tactics. He is willing to say anything to prevent citizens from having a say in Mission Viejo's future.

The City Council is responsible for spending more than $150,000 on this election, since they failed to approve Measure D last year with a council vote that would have cost nothing.

Mr. Ury knows that the proposed high-density housing project on the Casta Del Sol Golf Course would be built on portions of the course that are NOT in the flood plain, as clearly shown on the Mission Viejo GIS flood map.

Like all city laws, this one must comply with relevant State and Federal laws. Section 6.1 makes clear that even though we, the citizens, will have the final say on specific projects, we cannot use this law to violate the State Housing Code by turning down every affordable housing project.

Section 6.1 DOES NOT give the State ANY NEW POWERS over development in Mission Viejo, including housing. It DOES NOT promote subsidized housing or require us to pay for it. All existing Mission Viejo standards will still be followed.

Businesses can generally expand under the same process and standards that currently exist. Based on past business expansions and renovations, the vast majority would not be affected by Measure D. Ury is trying to scare you with false claims about job losses.

Take control of Mission Viejo's future and vote YES.

s/ Rhonda B. Reardon
s/ Norman Rosenkrantz
s/ Neil F. Lonsinger
s/ R. Lamar Kelsoe
s/ James J. Snyder

Full Text of Measure D
Link to FULL TEXT


Orange Home Page || Statewide Links || About Smart Voter || Feedback
Created: August 20, 2010 21:40 PDT
Smart Voter <http://www.smartvoter.org/>
Copyright © League of Women Voters of California Education Fund   http://cavotes.org
The League of Women Voters neither supports nor opposes candidates for public office or political parties.