THE PEOPLE OF THE CITY OF MISSION VIEJO DO ORDAIN AS FOLLOWS:

SECTION 1. TITLE.

1.1. This initiative measure shall be known as the Mission Viejo Right-to-Vote Amendment.

SECTION 2. PLANNING POLICY DOCUMENTS COVERED.

2.1. After this measure becomes effective, no repeal, amendment or adoption of all or part of the following land use planning policy documents of the City of Mission Viejo may become effective unless and until there is compliance with provisions of this initiative measure:
a. The text of the Mission Viejo General Plan's Land Use Element,
b. The Land Use Policy Map of the Mission Viejo General Plan (also called "Land Use Diagram"),
c. The text of the Mission Viejo Land Use/Zoning/Subdivision Regulations (Title 9 of the Mission Viejo Municipal Code),
d. The Zoning Map of the City of Mission Viejo,
e. Any Specific Plan for a geographic area within the City, or
f. Any Development Agreement granting rights to develop private or public land.

2.2. In this initiative measure the above six items are referred to as the "Planning Policy Documents."

SECTION 3. TYPES OF AMENDMENTS COVERED.

3.1. A "Major Amendment" of any of the Planning Policy Documents means any amendment which results in any of the following changes to the development standards for any parcel of land affected by the proposed amendment:

a. Increases the number of residential units which may be constructed on a parcel designated for residential uses.
b. Increases the number of separate parcels which may be created from an existing parcel.
c. Changes any residential land use to allow any other land use.
d. Changes any non-residential land use to allow any residential land use greater than 6 1/2 (6.5) net dwelling units per acre or allow a mix of commercial and residential uses.
e. Increases the allowed maximum height of development.
f. Provides for the private development of land owned by a government entity within five years of the date of the approval to develop the land.
g. Repeals any of the Planning Policy Documents.
h. Changes any commercial or industrial land bordered on two or more sides by other commercial or industrial land to allow any other land use.

3.2. A "Regular Amendment" of any of the Planning Policy Documents includes any amendment which is not a Major Amendment.

SECTION 4. AMENDMENTS TO MISSION VIEJO GENERAL PLAN LAND USE MAP.

4.1. No Major Amendment of any of the Planning Policy Documents shall be effective unless and until it is approved by a majority vote of the electorate of the City of Mission Viejo voting `YES' on a ballot measure proposing the Major Amendment at a regular or special election. The entire text of a Major Amendment and an easily readable map of the geographic area affected shall be included in the sample ballot materials which is mailed to registered voters prior to the election. The applicant may choose to have the measure put before the voters at either a special election or a regular election. Any cost of a special election shall be completely paid by the applicant requesting the Major Amendment. If the applicant chooses to wait until the next available regular election, the additional costs of adding the measure approving the Major amendment to the ballot shall be paid by the applicant, except that the City Council may vote by simple majority to have the city pay all or some of the additional costs of adding the measure to a regular election ballot.

4.2. No Major Amendment and no Regular Amendment of any of the Planning Policy Documents shall be effective unless and until it is approved by an ordinance adopted by the City Council, but no such amendment shall be considered until a public hearing is conducted on the proposed amendment at both the Planning Commission and at the City Council in the manner provided by state law and advance notice is given as required by section 4.3 below.

4.3. No public hearing to consider an amendment of any of the Planning Policy Documents shall be conducted less than 20 days after the date a notice accurately describing the proposed amendment is sent by first class mail to the owners of each parcel of land, and a notice is sent by first class mail addressed to the occupant of each lawful unit on each parcel of land, located within a radius measured outward 1500 feet from the boundaries of each parcel of land affected by the proposed amendment.

4.4. The notice described in section 4.3 shall include at least all the following information in not less than 13 point type:
a. The name of the applicant proposing the amendment.
b. The total acreage of the area proposed for amendment.
c. A easily readable map of all parcels affected by the amendment, including all street names.
d. The land uses and building density currently allowed for each parcel affected.
e. The land uses and building density proposed to be allowed for each parcel affected.
f. The date, time, and place of the upcoming public hearing.
g. A concise history of the land use classifications of the proposed area since 1989.

SECTION 5. CITY WIDE HEIGHT LIMITS.

5.1. Maximum Height. On and after the date this initiative measure becomes effective no building or structure shall exceed a maximum height of thirty-five (35) feet, measured from the lowest point on the exterior of the structure at ground level to the highest point on the exterior of the structure.

5.2. Exemptions to Height Limit. The following structures are exempted from this height limit: church steeples, public schools, and other structures exempted by state or federal law.

SECTION 6. THIS MEASURE AMENDS EXISTING POLICY DOCUMENTS.

6.1. Once adopted by the voters, this measure shall amend and become a new part of the Mission Viejo General Plan's Land Use Element, and the Mission Viejo Land Use/Zoning/Subdivision Regulations (Title 9 of the Mission Viejo Municipal Code).

6.2. After the date this measure becomes effective the entire text of this measure shall be printed within all copies of the Mission Viejo General Plan Land Use Element and also within all copies of the Mission Viejo Land Use/Zoning/Subdivision Regulations, and it shall appear immediately following the table of contents of each such document.

SECTION 7. EFFECTIVE DATE.

7.1. The provisions of this initiative measure shall become effective at twelve o'clock noon the day after it is approved at an election of the voters of the City of Mission Viejo.

SECTION 8. PRIORITY.

8.1. Once this initiative measure becomes effective, its provision shall prevail over and supercede all provisions of the municipal code, ordinances, resolutions, and administrative policies of the City of Mission Viejo which are in conflict with any provisions of this measure.

SECTION 9. SEVERABILITY.

9.1. In the event a final judgment of a court of proper jurisdiction determines that a provision of this initiative measure, or a particular application of a provision, is invalid or unenforceable pursuant to a state or federal law or constitution, the invalid or unenforceable portion or application shall be severed from the remainder of this measure, and the remaining portions of this measure shall remain in effect without the invalid or unenforceable provision or application.

SECTION 10. CONFLICT WITH OTHER BALLOT MEASURES.

10.1. In the event that any other ballot measure is proposed for voter approval on the same election ballot as this initiative measure, and that other measure contains provisions which deal with the same or similar subjects, it is the intent of the voters in adopting this measure that it shall prevail over any such other ballot measure in its entirety to the extent that this measure is approved and receives a greater number of votes for approval of the other measure. In such case, no provision of the other measure shall become effective.

SECTION 11. AMENDMENT OR REPEAL.

11.1. Once this initiative measure becomes effective no provision of this measure may be amended or repealed except by a majority of the voters of the City of Mission Viejo voting on a ballot measure for that purpose.