Excerpt from the General Plan Initiative. This excerpt does not expressly amend the 1982 General Plan, but will have the force of law if approved by voters. Use your browser's back button or click here to return to the table. Download entire text of the General Plan Initiative in pdf format (.4MB, requires Adobe Reader).
	SECTION 4. Implementation. A. Term of Initiative Policies and Voter Control. (1) Except for the changes to the North County Land Use Plan policies within the coastal zone, the policies contained in this initiative shall go into effect and shall be deemed inserted into the General Plan ten days after the Board of Supervisors certifies the election returns establishing that the voters have approved this measure. This initiative measure shall remain in effect for 25 years from the date that this initiative measure becomes effective, provided, however, that a majority of the voters of Monterey County may amend the policies and provisions contained in this initiative measure at a regular or special election. (2) Within 10 days after the Board certifies the election results approving this measure, the County shall submit the voters’ approved revision to Chapter 4.3 of the North County Land Use Plan to the California Coastal Commission for certification as an amendment to the County’s Local Coastal Program pursuant to section 30514 of the California Public Resources Code. a.  To ensure that all provisions of this initiative will become fully operative, the Board of Supervisors is hereby authorized and directed to amend all other County ordinances, rules, and regulations as may be necessary to accommodate the voters’ revisions to Chapter 4.3 of North County Land Use Plan. b.  To ensure that all provisions of this initiative will become fully operative, and to ensure consistency between this initiative and the rules and regulations within the North County area or the coastal zone, if, at such time after the passage of this initiative by the voters of Monterey County, the California Coastal Commission declines to certify as an amendment to the County’s Local Coastal Program the revisions to Chapter 4.3 of the North County Land Use Plan as set forth within this initiative, in whole or in part, the Board of Supervisors is authorized and directed to amend those provisions of the North County Land Use Plan that the California Coastal Commission declines to certify. The Board of Supervisors shall amend any such provisions by specifically and narrowly addressing the concerns raised by the Commission, consistent with the intent of General Land Use Policies 26.1.3.3 and 26.1.4 and shall submit such revisions to the California Coastal Commission for the purpose of obtaining the California Coastal Commission’s certification as an amendment to the County’s Local Coastal Program pursuant to section 30514 of the California Public Resources Code. B. Preventing General Plan Inconsistencies. (1) To prevent otherwise unavoidable inconsistency within the General Plan, once this initiative measure is submitted to the County Counsel for title and summary, any subsequent amendments of the General Plan, except as approved by the voters of Monterey County after the date this measure has been submitted to the County Counsel for title and summary, are superseded and nullified to the extent inconsistent with this initiative measure. (2) At such time as this General Plan amendment is deemed inserted in the Monterey County General Plan (hereinafter, the ‘insertion date”), any provisions of the County Zoning Ordinance inconsistent with the policies of this amendment to the General Plan shall not be enforced to the extent of the inconsistency. C. County Housing Obligations. (1) Nothing in this initiative measure shall be applied to preclude County compliance with housing obligations under State law. To the maximum extent feasible the County shall meet State housing obligations within the boundaries of the designated Community Areas (see Appendix A, Maps 1, 1a, 1b, 1c, 1d, and1e). In providing required housing, the County shall proceed consistent with the Countywide General Land Use Policies and the policies of the Housing Element. If State-imposed housing obligations make it necessary to develop beyond the boundaries of the designated Community Areas, Community Area boundaries may be modified in two ways: (1) the voters of the County may approve an extension of these boundaries; and, (2) the Board of Supervisors may approve new residential development outside a Community Area only if: (a) It is indisputable that there is no land within the urban development boundaries of the designated Community Areas to meet a State housing requirement either through new development, more intensive development, or redevelopment; (b) no more land is used outside the urban development boundary than is required by the affordable housing necessary to meet a State obligation; (c) the area to be developed is immediately adjacent to a designated Community Area or City; (d) the percentage goals for low-, very low-, moderate, and workforce income housing in Housing Element Policy H-3.0(b) will be met in any housing approved; (e) the housing will be made available to County residents consistent with Housing Element Policy H-3.0(e); (f) there will be adequate public facilities and services for the housing; and, (g) the development shall not be on prime agricultural, unless no other land is available. In no case shall required housing be built on, or which protrudes over, hilltops or ridgelines, on slopes of more than 25%, critical habitat, or within 100 feet of a riparian corridor. (2) In addition to modifying the boundaries of the designated Community Areas in accordance with (1) above, the Board of Supervisors shall bring all the remaining provisions of the Housing Element into conformity with the voters’ revisions to Chapters 5 and 8. Consistent with applicable state law and, in particular, section 65588 of the Government Code, the Board may periodically update and revise the Housing Element of the Monterey County General Plan. However, so long as this initiative measure remains in effect, the Board shall not designate additional Community Areas or expand the existing urban development boundaries of any existing Community Area without first submitting the proposed designation or expansion to the voters of the County of Monterey for their approval by a majority vote at a regular or special election. D. Initiative Provisions To Prevail. Except as provided in Section E below, upon the insertion date all general plan amendments, rezonings, specific plans, tentative or final subdivision maps, parcel maps, conditional use permits, building permits or other ministerial or discretionary entitlements for use not yet approved or issued shall not be approved or issued unless consistent with the policies and provisions of this initiative. E. Exemptions for Certain Projects. This initiative shall not apply to any development project which has obtained, as of the effective date of the initiative: (1) A vested right pursuant to state law; (2) A validly approved and fully executed development agreement with the County; or (3) Final approval of a vesting tentative map. F. Severability. This initiative shall be broadly construed in order to achieve the purposes stated in this initiative. This initiative shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the initiative. The voters hereby declare that this initiative, and each section, sub-section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub-sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this initiative is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this initiative that can be given effect without the invalid application. To the extent that a provision or provisions of this initiative measure do not apply because of this section, then only the minimum development required by law that is most consistent with the remaining provisions and policies of this initiative measure shall be permitted. G. Anti-Takings Provision. Protection of Private Property Rights – Neither the implementation of this General Plan, nor any of its Elements, shall constitute an unconstitutional taking of property or property rights, and the General Plan and its elements shall not deprive any landowner of any vested right to develop his or her property. This General Plan shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations governing the use of real property. The purpose of this provision is to make certain that this initiative measure does not violate any person’s constitutional or legal rights. # # #