Pass: 19,683 / 53.4% Yes votes ...... 17,198 / 46.6% No votes

See Also: Index of all Propositions

Impartial Analysis from City Attorney

Under California law, a city is required to adopt a general plan with certain mandatory elements to govern the future development, configuration and character of the City and require that future land use decisions be made in harmony with that general plan. California law allows a general plan to be amended by a majority vote of the City Council after public hearings before the Planning Commission and City Council.

In 1998, Escondido voters adopted Proposition S, which changed the Escondido General Plan to require that amendments to certain portions of the City's General Plan only occur after a majority vote of the people at an election. Proposition S provides that general plan amendments or specific plans cannot be adopted without a vote of the people if the changes increase residential density, change the general plan residential land use categories, or change certain residential designations (rural, estate, suburban, and urban) to a commercial or industrial designation.

Proposition S also requires that policies from the City's General Plan regarding planned development zoning, certain planning areas, clustering of residential development and population objectives cannot be changed except by a vote of the people at an election.

On May 23, 2012, the Escondido City Council approved a comprehensive general plan update. Portions of that comprehensive general plan update require approval by the voters pursuant to Proposition S.

The provisions of the general plan update which are proposed for adoption by this measure include ten individual geographic areas of the City on which a change in the general plan land use designation is proposed. Three general plan policies are also proposed for amendment. The ten geographic areas, including their current general plan land use designations and the proposed new land use designations, are listed in the ballot measure. Because the amendments either change a residential designation to a commercial and/or industrial land use, or intensify a residential designation, a vote of the people is required pursuant to Proposition S.

Three general plan policies also require a vote of the people pursuant to Proposition S. The first policy adds text to describe a new Urban V category consisting of multifamily residential, up to 30 units per acre, for use near the downtown core, transit stations, and along certain major thoroughfares. The other two policies proposed for change delete a clustering policy which requires that half of all residential lots back up to open space areas, and delete a numerical population objective.

Jeffrey R. Epp
City Attorney

North County Times

• Escondido zoning, districts in voters' hands - 11/2/12

• Escondido land use, governance go before voters - 10/6/12