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Martinez, California, Measure I, Open Space and Parks Overlay - Citizen Initiative (June 2018)
| Measure I: Martinez Open Space and Parks Overlay - Citizen Initiative |
|---|
|
| The basics |
| Election date: |
| June 5, 2018 |
| Status: |
 Approved
|
| Topic: |
| Local zoning, land use and development |
| Related articles |
| Local zoning, land use and development on the ballot June 5, 2018 ballot measures in California Contra Costa County, California ballot measures Local property on the ballot |
| See also |
| Martinez, California |
A citizen initiative to establish an open space and parks overlay in the city's general plan, to readopt housing provisions on such lands from the 1973 general plan, and to require voter approval on changes to such lands was on the ballot for Martinez voters in Contra Costa County, California, on June 5, 2018. It was approved.
| A yes vote was a vote in favor of creating a new "Protected Open Space and Parks” overlay designation to be applied to all open space, park, and outdoor recreation lands in the general plan and requiring voter approval to any changes to such lands. |
| A no vote was a vote against creating a new "Protected Open Space and Parks” overlay designation to be applied to all open space, park, and outdoor recreation lands in the general plan and requiring voter approval to any changes to such lands. |
Measure I competed with Measure F, a city council referral placed on the ballot after the Superior Court of California in Contra Costa County ruled that the council must place Measure I on the ballot. While both measure received majority approval, Measure I received more "yes" votes than Measure F, and therefore Measure I was superseded Measure F.
The two measures differed in one primary way: Measure I proposed provisions regarding the use of land for all open space, park, and outdoor recreation lands—including private lands. The provisions in Measure F applied only to public lands.
Election results
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Martinez, California, Measure I, Open Space and Parks Overlay - Citizen Initiative (June 2018) |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
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5,452 | 51.89% | ||
| No | 5,055 | 48.11% | ||
Text of measure
Ballot question
The ballot question was as follows:[1]
| “ |
Shall the City of Martinez adopt the Initiative Measure Amending the Martinez General Plan to Create a Protected Open Space and Parks Overlay Designation, Apply the Overlay to Certain Properties as Set Forth in the 1973 General Plan and Adopt Land Use Regulations Relating Thereto?[2] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the Martinez City Attorney:[3]
| “ |
California law requires every city to have a General Plan. The General Plan is the highest level of governing document for development. State law requires that the provisions of the General Plan and each component thereof be internally consistent with one another and that all development be consistent with the General Plan. If adopted, Measure I, which was submitted by a petition signed by the requisite number of voters, would create a new “overlay” land use designation described as “Protected Open Space and Parks” and apply that designation as an additional land use designation to all lands in the City of Martinez designated as Open Space, Public Permanent Open Space, Open Space/Conservation Use Land, Environmentally Sensitive Land, Parks and Recreation, and other lands on the map attached to the measure as Exhibit A. This new overlay designation is stated to apply to such lands whether the lands are publically or privately owned and is intended to automatically apply to all additional lands designated in any of the above categories at any time in the future. Because the measure regulates areas already regulated by state law, there may be legal questions concerning the measure’s interpretation and validity. Measure I would regulate the allowable uses on all such private and public lands as listed in the measure, with limited exceptions. Section 5(f) of the measure allows existing uses which are legal and already built or vested to remain, though not permitted under the initiative. Measure I prohibits new or expanded uses which are currently permitted on private and public property. These restrictions on uses currently permitted under the General Plan may raise questions regarding the internal consistency of the measure’s proposed amendments with the Housing and Land Use Elements of the General Plan. Measure I limits residential development on privately owned lands designated Environmentally Sensitive Lands in the Franklin Hills sub-area, and lands designated Open Space/Conservation Use or Environmentally Sensitive Lands in other areas of the City of Martinez. Measure I exempts from its provisions lands that it describes as being within the “Marina and Harbor Area Public Trust Lands” shown on a map attached as Exhibit B. The measure also states that it permits residential uses on the lands shown on the map attached to the measure, to the extent necessary to satisfy a residential development requirement under State law, but the measure does not describe what that requirement is. Finally, Measure I provides that development necessary to protect constitutional rights or privileges of private property owners may be permitted, only if so ruled by a court. The amendments proposed by Measure I could not be changed without approval by a majority vote of the voters of Martinez at a subsequent election.[2] |
” |
| —Martinez City Attorney | ||
Full text
The full text of the measure is available here.
Support
Martinez Open Space and Park Protection led the campaign in support of Measure I.
Arguments
Martinez Open Space and Park Protection stated on its website:[4]
| “ |
MEASURE I is simple. It says one thing: Approval by Martinez voters will be required any time the City Council votes to convert any Martinez open space or park to more intensive development—like big developer housing projects or commercial uses. That’s it. ... MEASURE I places no new restrictions on what you can do on private or public property. The City Council is making allegations about MEASURE I placing restrictions on what you can do on private property. Those allegations are false. The City Council is just trying to confuse the public.[2] |
” |
| —Martinez Open Space | ||
Opposition
Media
Mayor Rob Schroder, council member Noralea Gipner, and council member Debbie McKillop wrote an opinion in the Martinez News-Gazette in opposition to Measure I and in support of Measure F. They stated the following in the opinion:[5]
| “ |
If you read [Measure I] carefully, it is attempting to create an “overlay” land use designation that prohibits new or expanded uses (or development) of more than 550 private properties in the City and County. Measure I proponents are trying to make Martinez citizens’ property open space! This is bad for the City and will cost the citizens of Martinez millions of dollars in legal fees alone! Measure F has been placed on the ballot by the City as an alternative measure that will protect all of our private property. The City’s measure rightfully prohibits development of our public parks but does not take private property rights from Martinez citizens.[2] |
” |
| —Mayor Rob Schroder, council member Noralea Gipner, and council member Debbie McKillop | ||
Path to the ballot
This measure was put on the ballot through a successful initiative petition campaign. Tim Platt submitted the petition with signatures in September 2017. The Contra Costa County Clerk Recorder-Elections Department verified that the number of valid signatures was sufficient; however, the city council reported following submission that the initiative was legally flawed (the report can be read here). On March 6, 2018, the Contra Costa County Superior Court ruled against the council, stating that the initiative must be placed on the ballot.[6]
After Measure I was placed on the ballot, the city council placed Measure F on the ballot as a competing measure.
See also
External links
Footnotes
- ↑ Contra Costa County Elections, "Local Measures," accessed April 17, 2018
- ↑ 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ City of Martinez, "Impartial Analysis," accessed May 9, 2018
- ↑ Martinez Open Space, "Home," accessed May 9, 2018
- ↑ Martinez News-Gazette, "Measure F protects private property," May 2, 2018
- ↑ Martinez News-Gazette, "City puts open space measures information on website," May 6, 2018
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