Mission Viejo Right-to-Vote Amendment, Measure D (June 2010)
Measure D, if approved by voters, would have required that the city take additional steps before it can make some decisions about land uses and zoning. The extra steps include additional hearings and additional City Council review, and may also include a city-wide vote.
Measure D would also have prohibited 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 plans and development agreements unless those extra steps were taken.
Measure D classified changes to land uses as either Major Amendments or Minor Amendments.
Major Amendments are amendments to the city's Planning Policy Documents that change land 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 in excess 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.
According to Measure D, for any major amendments to the city's planning documents to be adopted, the proposed amendments must go to a public vote.
The ballot argument in favor of Measure D was written by Mathew J. Corrigan, Carl W. Schulthess, Lisa C. DePaul Snyder, Philip G. Steinhauer and Elizabeth Mimm. They write, "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."
Frank Ury, a member of the Mission Viejo City Council, signed the ballot argument against Measure D. He wrote, "It places impossible restrictions on business in the City at a time when we should be doing everything we can to promote jobs."
The editorial board of the Orange County Register is opposed to Measure D. They say, "Our enviable lifestyle depends on defending liberty more than other places do. Any hammer taken to our basic rights, as Measure D does, cracks the delicate porcelain of liberty."
Cost of election
When the costs of defending the city in a lawsuit filed contesting ballot arguments over Measure D is added in, the total costs of the elections come to $510,000, which is about the size of Mission Viejo's estimated 2010 budget shortfall.
- Measure D details
- Full text
- Mission Viejo Right to Vote, website supporting a "yes" vote on Measure D
- Protect Mission Viejo, website supporting a "no" vote on Measure D
- Impartial analysis of Measure D
- Arguments in favor of Measure D
- Arguments against Measure D
- Rebuttal to argument in favor of Measure D
- Rebuttal to argument against Measure D