Full text of the Petition to develop up to 355 new houses in the Quarry

RECEIVED
MAY 30 2006
CITY CLERK

To: Kathy O'Connell City Clerk for the City of Pacifica, California

Re: Notice of Intent To Circulate Petition, Statement of Reasons, and Request for Ballot Title and Summary for an Initiative Ordinance to Authorize Residential Development Preserving Accessible Open Space and Adding Other Mixed Uses on the Rockaway Quarry Parcel in the City of Pacifica

 

NOTICE OF INTENTION TO CIRCULATE PETITION

Notice is hereby given by the person(s) whose names appear below of their intention to circulate a petition within the City of Pacifica for the purpose of placing on the ballot an ordinance to authorize residential development preserving accessible open space and adding other mixed uses on the Rockaway Quarry Parcel in the City of Pacifica.

STATEMENT OF REASONS

A Statement of Reasons of the proposed action as contemplated in the petition is as follows:

The purpose of this ballot measure initiative is to take a legal step necessary to build a project on the Rockaway Quarry site that will meet the needs and desires of the community, and include residential units.

Without this initiative, the developer is still allowed under local law to build 2.1 million square feet of commercial space. The project discussed in public meetings will protect accessible open space and generate millions of dollars in new property and hotel tax revenue that can be used to help pay for vital city services, including needed funding for schools, police and fire. These economic considerations deserve consideration.

The current owner of the Rockaway Quarry site is eager to continue working with the people who live here and know the community the best. This initiative authorizes a plan that will not only protect but also enhance the character of Pacifica.

Proponent Signature: / Printed Name: Mark Claussen

REQUEST FOR TITLE AND SUMMARY
RECEIVED
MAY 30 2006
CITY CLERK

The person(s) whose names and addresses appear below, voters of the City of Pacifica, California, hereby request that, within 15 days, a ballot title and summary be prepared for the proposed initiative filed herewith. Please forward this request immediately to the City Attorney as required byElections Code section 9203.

This Request for Ballot Title and Summary is accompanied by the full text of the proposed initiative.

Mark Claussen
656 Carmel Avenue, Pacifica, CA 94044

AN ORDINANCE TO AUTHORIZE RESIDENTIAL DEVELOPMENT PRESERVING ACCESSIBLE OPEN SPACE AND ADDING OTHER MIXED USES ON THE ROCKAWAY QUARRY PARCEL IN THE CITY OF PACIFICA

To the Honorable City Clerk for the City of Pacifica:

We, the undersigned, registered and qualified voters of the City of Pacifica hereby propose an initiative measure as follows. We petition you to submit this initiative measure to the City Council of the City of Pacifica for submission of the measure to the voters of the City of Pacifica at the next general election on November 7, 2006, or if the initiative does not qualify by the required date, a future special election as provided by law.

THE PEOPLE OF THE CITY OF PACIFICA DO ORDAIN AS FOLLOWS:

Whereas the parcel of land, A.P. #018-150-110, 018-150-120, and 018-150-150, commonly known as the Rockaway Quarry, is currently zoned under a C-3x designation, authorized for up to 2.1 million square feet of commercial development and could be developed without any residential component pursuant to current City of Pacifica Codes;

Whereas Ordinance No. 391-C.S., passed and approved by the voters of the City of Pacifica at the General Municipal Election held on November 8, 1983, requires a vote of the people to approve any residential development on the parcel;

Whereas the purpose of this initiative measure is to fully comply with Ordinance No. 391-C.S. in regard to the authorization of residential development, as well as require that any development of the Rockaway Quarry that includes a residential component also provides additional benefits for the residents and City of Pacifica to be detailed in a development agreement evidencing a commitment from the developer;

REQUEST FOR TITLE AND SUMMARY

The person(s) whose names and addresses appear below, voters of the City of Pacifica, California, hereby request that, within 15 days, a ballot title and summary be prepared for the proposed initiative filed herewith. Please forward this request immediately to the City Attorney as required by Elections Code section 9203.

This Request for Ballot Title and Summary is accompanied by the full text of the proposed initiative.

Proponent Signature:

Printed Name: Mark Claussen
Address: 656 Carmel Avenue, Pacifica, CA 94044

Ordinance

In accordance with Ordinance No. 391-C.S., the City Council is authorized to approve a mixed use residential and commercial development on the parcel known as the Rockaway Quarry, so long as the development plan complies with all land use regulations in effect at the time and is subject to complete environmental review and certification, preserves and protects at least 45% of the land as publicly accessible open space, preserves public access to privately owned open space, includes a luxury hotel of up to 350 rooms and restaurant, retail and commercial space, and consists of up to 355 residential units of varying types and includes a commitment from the developer that all of the elements of the development will be built and completed, conditioned on the receipt of all applicable regulatory approvals.

Severability

If any provision of this initiative or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this initiative that can be given effect without the invalid provision or application, and to this end the provisions of this initiative are severable.

Application of Initiative

The provisions of this initiative do not address, are not intended to, and shall not be applied to conflict in any way with state or federal law, or local administrative actions required by state or federal law.

 



City Attorney's Title and Summary for Proposed Initiative

Ballot Title: An Initiative to Authorize the City Council to Approve a Mixed-Use Residential and Commercial Development on the Rockaway Quarry

Summary:

The proposed initiative states that its purposes are: (1) to comply with a 1983 ballot measure requiring voter approval for any residential development of the Rockaway Quarry ("Quarry"); and (2) to require that any residential development of the Quarry also provide additional benefits for the residents and City of Pacifica, to be detailed in a development agreement.

City of Pacifica Ordinance No. 391-C.S., adopted by City voters on November 8, 1983, specifies that "any residential development of the [Quarry] . . . shall require a vote of the people."

The proposed initiative is intended to satisfy this requirement. It provides that the City Council is authorized to approve a mixed use residential and commercial development on the Quarry property, so long as the "development plan" does all of the following:

The proposed initiative also states that it shall not be applied to conflict in any way with state or federal law, or local administrative actions required by state or federal law.