Milpitas, California, Hillside Property Land Use Amendments, Measure J (November 2016)
| Measure J: Milpitas Hillside Property Land Use Amendments |
|---|
|
| The basics |
| Election date: |
| November 8, 2016 |
| Status: |
 Approved
|
| Topic: |
| Local zoning, land use and development |
| Related articles |
| Local zoning, land use and development on the ballot November 8, 2016 ballot measures in California Santa Clara County, California ballot measures |
| See also |
| Milpitas, California |
A voter approval requirement measure for land use changes on Hillside property was on the ballot for Milpitas voters in Santa Clara County, California, on November 8, 2016. The measure was approved.
| A yes vote was a vote in favor of extending until 2038 the expiring ordinance requiring voter approval for any proposed changes to the allowed land uses for Hillside property, thereby restricting development in these areas without a vote of the people. |
| A no vote was a vote against this proposal to extend the expiring ordinance that requires voter approval for any proposed changes to the allowed land uses for Hillside property until 2038. |
Election results
| Measure J | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 15,829 | 79% | ||
| No | 4,207 | 21% | ||
- Election results from Santa Clara County Registrar of Voters
Text of measure
Ballot question
The following question appeared on the ballot:[1]
| “ |
Shall an ordinance, requiring until December 31, 2038, any amendments to the existing “Hillside Combining District” Ordinance and any amendments to the general plan land use designation for lands currently designated as “Hillside” property be approved by the voters before becoming effective, be adopted?[2] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the Milpitas City Attorney:
| “ |
In September of 1992, the City Council adopted Ordinance No. 38.672, generally known as the "Hillside Ordinance." The primary regulations of the Hillside Ordinance are set forth in Section 45 of Chapter 10 of Title XI of the Milpitas Municipal Code, which section is entitled "H" Hillside Combining District, although the Hillside Ordinance also made several conforming changes to other provisions of the Milpitas Municipal Code. The stated purpose of the Hillside Ordinance is to promote and encourage the orderly development of the hillside area of the City by the application of regulations and requirements established to meet the particular problems associated with development of hillside areas, including but not limited to geologic problems, slope, safe access and visibility. The City of Milpitas General Plan governs the direction of future land use and development within the City of Milpitas. The General Plan designates certain property within the hillside area of the City as "Hillside Very Low, Hillside Low, and Hillside Medium." On November 2, 2004, a majority of the eligible voters voting on the ballot measure approved Ordinance No. 264 to mandate that, until December 31, 2018, any amendments or modifications to the Hillside Ordinance or the land subject to the Hillside Ordinance, under the General Plan, require voter approval. Measure J would amend Ordinance No. 264 to extend the termination date of December 31, 2018 to December 31, 2038. On June 21, 2016, the Milpitas City Council approved the placement of Measure J on the ballot for consideration by the voters. If approved, Measure J would require any amendments or modifications to the Hillside Ordinance or the land subject to the Hillside Ordinance, under the General Plan, to require voter approval until December 31, 2038. If Measure J is not approved, the current requirement that any amendments or modifications to the Hillside Ordinance or the land subject to the Hillside Ordinance, under the General Plan, be subject to voter approval would expire on December 31, 2018. After December 31, 2018, the Hillside Ordinance or the land subject to the Hillside Ordinance, under the General Plan, may be amended at any time by the City Council or the voters by initiative measure. Measure J requires simple majority approval of the voters to pass.[2] |
” |
| —Milpitas City Attorney[3] | ||
Support
Supporters
The following individuals signed the official argument in favor of the measure:[3]
- Garry Barbadillo, Councilmember
- Marsha Grilli, Councilmember
Arguments in favor
Official argument
The following official argument was submitted in favor of the measure:[3]
| “ |
A Yes vote on Measure J continues to give Milpitas voters a stronger say in the future of hillside development. The Hillside Combining District Ordinance (Hillside Ordinance) was adopted in 1992 "...to promote the orderly development of the hillside area of the City by application of regulations and requirements established to meet particular problems associated with development of hillside areas, including geologic problems, safe access, and visibility." The Hillside Ordinance resulted from a 2004 City Council appointed a Hillside Review committee comprised of property owners, citizens, developers, planning commissioners. In 1998, Milpitas voters approved the Urban Growth Boundary prohibiting the extension of city services into the hillsides beyond a defined boundary line. Development within that boundary is governed by the Hillside Ordinance. A Yes vote continues hillside protection requiring any change to the Hillside Ordinance to be adopted by a vote of the people. Our hillsides area valuable natural resource for the entire community, but they are also unstable with multiple earthquake faults and landslides. The cost for city services to hillside homes far exceeds the cost of providing these services to residents on the valley floor. Hillside development must continue to be governed by the Hillside Ordinance, subject to the will of Milpitas residents. This measure gives the people of Milpitas the "final say" on amendments and modifications to the Hillside Ordinance and General Plan land use designations for hillside property for another 20 years. This ballot measure costs Milpitas taxpayers absolutely nothing. It gives you, the voter, the right to make changes. Vote Yes on Measure J.[2] |
” |
Opposition
Opponents
The following individuals signed the official argument against the measure:[3]
- Richard Ruth, Resident, Retired
Arguments against
Official argument
The following official argument was submitted in opposition to the measure:[3]
| “ |
Zoning laws have been in the judicial system for over 100 years. Throughout zoning history, amendments, clarifications and rewrites have been made because of issues such as undue hardship, practical difficulties, special conditions, spirit of the law, service to public interest. Even variances are allowed to permit more profitable use, effect of adjacent uses, effect of size, shape and grade of a lot or the existence of natural resources unusable because of zoning restrictions or changes when the zoning law is ambiguous. For most of those 100 years applicants have been able to work with professional zoning and planning public officials to change or modify a zoning law directly. This is helpful because the effects of any change can be balanced against public interest and is not costly to the city or the applicant. But what this ordinance does is drive the cost of modification up substantially and takes the outcome out of the hands of the professional. The applicant now has to gather signatures and form a proposal for a ballot measure then the city has to schedule the ballot election and pay the election cost, which in Milpitas can be upwards of $100,000. It takes away from the applicant any opportunity to get relief by putting the solution to a zoning problem in the hands of a non-professional public determination. In the event of a negative result at the ballot box the applicant loses valuable time and money and is obliged to try again. It is not a fair and equitable means to modify a zoning law for a hillside property that no other property owner in Milpitas is subject to therefore a "NO" vote is required If this ordinance is approved by the voters it will be effective for 22 years[2] |
” |
Path to the ballot
This measure was put on the ballot through a vote of the governing officials of Milpitas, California.
Recent news
The link below is to the most recent stories in a Google news search for the terms Milpitas Local zoning, land use and development. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
Milpitas, California, Hillside Property Land Use Amendments, Measure J (November 2016) - Google News
See also
|
External links
Footnotes
- ↑ Santa Clara County, "List of Local Measures Presidential General Election November 8, 2016," accessed October 3, 2016
- ↑ 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.
- ↑ 3.0 3.1 3.2 3.3 3.4 Santa Clara County, "E110-Measure J," accessed October 21, 2016
 |
State of California Sacramento (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2026 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
