Referendum Conundrum

For Anonymous 9:27 PM who had asked for proof of Residential Low(1-7 du/acre) density that actually equals 693 homes since the Land Use Element calls the North Fillmore Master Plan area 99 acres.

I've been working on trying to upload an entire document for you but that's been a real pain so I have to give up on that. I'm going to try to find a way to get the images on here but in the mean time you can read the text. I have included a link to the General Plan Land Use Element to look it up for yourself.

General Plan Update Land Use Element

These are excerpts from the General Plan Land Use Element, adopted May 2003, that apply to North Fillmore. These five excerpts indicate that the default Land Use for North Fillmore without the North Fillmore Specific Plan is Low Density Residential of 1-7 units per acre at a maximum of 693 units.

http://www.fillmoreca.com/docs/gpu4.pdf

1. Page LU-34: Table LU-6 that describes the proposed designations


States that North Fillmore Master Plan Area of 99 acres would transition to low-density residential.

2. Page LU-44: Definition of Low-Density Residential

Thus, 99 acres x low-density residential (1-7 du/acre) equals a maximum of 693 units.

3. Page LU-43: Land Use Category Summary
States that a Master Plan with design standards is REQUIRED. Where is it?

4. Page LU-49: Definition of Overlay Districts(NFMaster Plan is an Overlay)

States that development standards and studies are required and specific ordinances should be developed. Where are the zoning ordinance changes? “Except as specified…the underlying land use category would apply.” Thus the underlying land use category of Residential Low would apply.

5. Page LU-52: Overlay District Intentions

This is where things get confusing. The North Fillmore Overlay District is ‘intended’ for ‘potential’… and ‘would’ include no more than 894. The overlay district has never been established. And, there is no Master Plan.

Definition: ‘Would: Refers to an event that has not happened yet.


Conclusion

The conclusion is that the Master Plan was never done. Thus, the zoning and land use designation prior to the North Fillmore Specific Plan is either RL-Low-density residential 1-7 units, for a maximum development of 693 dwelling units or, simply Industrial.

Additionally, in the General Plan Update Supplement to Final Environmental Impact Report (page 3) of October 25, 2005 - Land Use Element Changes, the updated General Plan Land Use Category Summary table has no reference to any North Fillmore Master Plan at all. The only possible reference is a category of Transitional Residential: Requires Planning Commission review and the Planned Development process to allow approval. Does this document supersede the Land Use Element adopted in 2003(but not certified until 2005)?

Is it a trick?

In addition to the land use controversy, there is also the strange ambiguity of the Referendum and new resolution passed at the last council meeting.

This is what the Resolution passed at the October 24th council meeting reads. There are several “whereases” but the last one is the important one. It reads;

WHEREAS, the City Council has determined that the cost of calling a referendum election is unwarranted because Resolution No. 06-2957 was unnecessary to support the City Council’s findings of consistency in that the approvals of the North Fillmore Specific Plan, the amendment to the City’s Zoning Code and Tentative Tract Map No. 5422 were all consistent with the 2003 General Plan Update and therefore the repeal of Resolution No. 06-2957 has no effect on the City Council’s approvals thereof.

Has no effect on the North Fillmore Specific Plan approvals...

Now, I’m not a lawyer, but to me, this reads that when the City Council approved these resolutions and ordinances…

The land use designation change from Master Plan to Specific Plan
The North Fillmore Specific Plan
The amendments to the City’s Zoning Code
The Tentative Tract Map No. 5422(SunCal)

…that the first approval to change the land use designation didn’t mean anything and that North Fillmore Specific Plan, zoning changes and Tract Map are unaffected by the Resolution.

So, why all the “boo-hooing” that the North Fillmore Specific Plan is dead? What the heck is going on here? I am absolutely baffled by the reaction. Is this some kind of manipulation or what?