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 Modesto
 Code of Ordinances

  TABLE 2 - INITIATIVE ORDINANCES  

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  • MODESTO CITIZENS ADVISORY GROWTH MANAGEMENT ACT

    The People of the City of Modesto Do Ordain as Follows:

    The City Council of the City of Modesto shall not approved, authorize, or appropriate funds for the extension of any sewer trunk without first holding an advisory election as provided by Section 353 of the California Elections Code. For the purposes of this ordinance, the word "extension" shall mean the addition of sewer trunk capacity to permit expansion of urban development into the Urban Reserve area of the General Plan so as to require amendment of the General Plan, but shall not include any maintenance, repairs, renovation, or improvements to an existing sewer trunk solely for the purposes of safe, efficient, and effective operation thereof.

    Approved by the voters in the City of Modesto at an election held on March 6, 1979.

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    MODESTO CITIZENS ADVISORY GROWTH MANAGEMENT ACT OF 1995

    The People of the City of Modesto Do Ordain As Follows:

    Section 1 — Purpose.

    The people of the City of Modesto find and declare that, to ensure the voters have a direct voice in City decisions concerning whether to allow expansion of urban development, the advisory election required by Measure A should not apply uniformly to all such development, rather than applying to some development but not to other development. Consistent with this purpose, the advisory election required by Measure A should apply: (i) not only to sewer trunk line extensions, but also to all sewer improvements; and (ii) not only to expansion of urban development into the Urban Reserve area of the City's General Plan, but also to all expansion of urban development. Moreover, to avoid unnecessary expense, delay, and confusion, only one advisory election should be required for each piece of land proposed for expansion of urban development. The City shall interpret and implement this ordinance in accordance with this Section.

    Section 2 — Advisory Vote Required.

    The City Council of the City of Modesto shall not approve, authorize, or appropriate funds for sewer improvements without first holding an advisory election as provided by Section 9603 of the Elections Code.

    Section 3 — Exemptions.

    This ordinance shall not apply to:

    a. Maintenance, repairs, improvements, or renovation of existing sewer facilities solely for the purposes of safe, efficient, and effective operation of existing sewer facilities.

    b. Urban development for which the extension of a trunk sewer has previously been subject to an advisory election under Measure A, such as the Village One Planned Community and the Measure F advisory election conducted on November 6, 1990, or under this ordinance.

    c. Sewer improvements to serve: (i) a total of not more than five dwelling units; (ii) expansion of urban development on a total of not more than five contiguous, gross acres; or (iii) expansion of urban development consisting solely of non-residential uses.

    d. Sewer improvements to serve expansion of urban development solely on property that had been annexed to the City as of June 1, 1995.

    Section 4 — Effect on Measure A.

    This ordinance does not repeal, amend, supersede, or supplant Measure A. If Measure A and this ordinance each require the City to conduct an advisory election, then the election required by Measure A shall meet the requirements of this ordinance.

    Section 5 — Amendment or Repeal.

    In accordance with Section 9217 of the Elections Code, the City shall not amend or repeal this ordinance, or exempt any sewer improvements other than those specified in Section 3, from the provisions of this ordinance, except by a vote of the people.

    Section 6 — Severability.

    If any sentence, clause, section or part of this ordinance is found to be unconstitutional, illegal, or invalid, then such unconstitutionality, illegality or invalidity shall affect only such sentence, clause, section or part of this ordinance, and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this ordinance. It is hereby declared to be the intention of the People of the City that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part of this ordinance not been included herein. To this end, the provisions of this ordinance are severable.

    Section 7 — Definitions.

    For purposes of this ordinance:

    a. "Expansion of urban development" means approval or authorization of urban development requiring amendment of the City's General Plan, amendment or approval of a Comprehensive or Specific Plan, approval of zoning or rezoning, or any other legislative land-use decision by the City.

    b. "Measure A" means the Modesto Citizens Advisory Growth Management Act approved by the voters of the City of Modesto at an election held on March 6, 1979.

    c. "Sewer improvements" means the addition or installation of improvements to the City's sewer system, including but not limited to the addition or installation of a trunk sewer, subtrunk sewer, or sewer lateral, so as to allow the expansion of urban development.

    d. "Urban development" means development of land for urban uses, including but not limited to uses consistent with the following land-use designations: residential, village residential, commercial, regional commercial, business park, industrial, mixed use, or functionally equivalent land-use designations.

    Approved by the voters in the City of Modesto at an election held on November 4, 1997.