This chapter shall be known as the Sierra Madre voters' empowerment ordinance.

(Init. Ord. 2-30-13 (part), 2007)

The people of Sierra Madre find and determine as follows:

A.

Preserving the small town character of downtown Sierra Madre is a matter of utmost importance, and residents of our city must not be excluded from major decisions affecting our downtown.

B.

No city council or city staff can possess the necessary community-wide sensitivity to make decisions to ensure that the small town character of downtown Sierra Madre will be preserved.

C.

Only by carefully considering long-standing land use goals as to height and density will the small town character of downtown Sierra Madre be maintained for all members of our community.

D.

Downtown development decisions that could deviate from our long-standing goals should be made by the entire city after a public debate and an election, and not by a few city hall insiders.

(Init. Ord. 2-30-13 (part), 2007)

On and after the effective date of the initiative ordinance codified in this chapter, no new construction shall be permitted or occur within the central core area (as those terms are defined in this chapter) which exceeds the height limit as specifically defined below in this chapter, and more generally described as no more than thirty feet and two stories in height.

(Init. Ord. 2-30-13 (part), 2007)

On and after the effective date of the initiative ordinance codified in this chapter, no new construction shall be permitted or occur with the central core area (as those terms are defined in this chapter), which exceeds the density limit as specifically defined below in this chapter, and more generally described as no more than thirteen dwelling units per acre of land. A density bonus, to the extent required by state law to provide additional units for affordable housing, may be allowed in addition to this density limit, but no greater than as specifically required by state law.

(Init. Ord. 2-30-13 (part), 2007)

The following definitions shall apply to the provisions of this chapter:

"Central core area" means the downtown geographic area within the city of Sierra Madre generally shown on the map attached to the initiative ordinance codified in this chapter as Exhibit A, and used for illustration purposes only, and more particularly described as all property in public and private ownership assigned the following 2006-2007 Los Angeles County assessor parcel numbers ("APN"), and also all of the following described portions of streets, rights-of-way, and easements immediately abutting such assessor parcels (street addresses are provided for information purposes only and may be in error). In the event of any uncertainty the 2006-2007 assessor parcel number shall govern:

R.

Public Rights-of-Way, Streets, Alleys, and Easements. The following described portions of public rights-of-way, streets, alleys, and easements are also included with the central core area:

1.

Auburn Avenue. The portion of the Auburn Avenue public right-of-way located between West Sierra Madre Boulevard and the northerly edge of West Montecito Avenue located to the south of 2006-2007 Los Angeles County Assessor Parcel Number 5767-020-014 (but not including the parcel itself).

2.

Baldwin Avenue. The portion of the Baldwin Avenue public right-of-way located between a line extending westward along the northerly edge of Highland Avenue and a line located one hundred fifty feet south of and parallel to the southerly edge of Mariposa Street.

3.

Hermosa Avenue (North). The portion of the North Hermosa Avenue public right-of-way located between West Sierra Madre Boulevard and a point two hundred twelve feet north of the northerly edge of Sierra Madre Boulevard.

4.

Hermosa Avenue (South). The portion of the South Hermosa Avenue public right-of-way located between West Sierra Madre Boulevard and a line located 460.7 feet south of and parallel to the southerly edge of Sierra Madre Boulevard.

5.

Lima Street (North). The portion of the North Lima Street public right-of-way located between West Sierra Madre Boulevard and a line one hundred fifty feet north of and parallel to the northerly edge of Sierra Madre Boulevard.

6.

Lima Street (South). The portion of the South Lima Street public right-of-way located between Sierra Madre Boulevard and a line one hundred sixty-three feet south of and parallel to the southerly edge of Sierra Madre Boulevard.

7.

Mariposa Street. The portion of the Mariposa Street public right-of-way located between Baldwin Avenue and a line four hundred fifty-nine feet west of and parallel to the westerly edge of South Hermosa Avenue.

8.

Montecito Avenue (East). The portion of the East Montecito Avenue public right-of-way located between Baldwin Avenue and the easterly edge of the unnamed alley located one hundred feet west of and parallel to Mountain Trail.

9.

Montecito Avenue (West). The portion of the West Montecito Avenue public right-of-way located between Baldwin Avenue and a line extending northward from the westerly edge of Montecito Court, and a separate portion of the West Montecito Avenue public right-of-way located between the easterly edge of Auburn Avenue and a line one hundred fifty feet west of and parallel to the westerly edge of Auburn Avenue.

10.

Montecito Court. All of the Montecito Court public right-of-way located between West Montecito Avenue and extending southward and then westward to the easterly edge of Auburn Avenue.

11.

Sierra Madre Boulevard. The portion of the Sierra Madre Boulevard public right-of-way located between a line two hundred eighty-five east of and parallel to the easterly edge of Baldwin Avenue and another line two hundred fifty-nine feet west of and parallel to the westerly edge Lima Street.

12.

Suffolk Avenue. The portion of the Suffolk Avenue public right-of-way located between South Baldwin Avenue and a line one hundred sixty-four feet east of and parallel to the easterly edge of South Baldwin Avenue.

13.

Unnamed Alley Extending North from East Montecito Avenue. All of the unnamed alley public right-of-way located one hundred feet west of and parallel to Mountain Trail between its northerly terminus and the northerly edge of East Montecito Avenue.

14.

Unnamed Alley Extending South from East Montecito Avenue. The portion of the unnamed alley public right-of-way located one hundred feet west of and parallel to Mountain Trail between the southerly edge of East Montecito Avenue and a line two hundred eleven feet south of and parallel to the southerly edge East Montecito Avenue. This portion of the alley is part of 2006-2007 Los Angeles County Assessor Parcel Number 5767-015-900 owned by the city of Sierra Madre.

15.

Unnamed Alley West of Mountain Trail. The portion of the unnamed alley public right-of-way located one hundred fifty-two and one-half feet north of and parallel to East Montecito Avenue between its westerly terminus and a line extending northerly from and along the easterly edge of another unnamed alley perpendicular thereto and located one hundred feet west of and parallel to Mountain Trail.

16.

Unnamed Alley Extending North from Montecito Court. The portion of the unnamed alley public right-of-way located sixty-five feet west of and parallel to Windsor Lane that extends north from Montecito Court to a line one hundred nine feet north of and parallel to Montecito Court.

17.

Unnamed Alley Extending West of North Lima Street. The portion of the unnamed alley public right-of-way located one hundred fifty north of and parallel to West Sierra Madre Boulevard extending from the westerly edge of North Lima Street and a line eighty-five feet west of and parallel to the westerly edge of North Lima Street.

18.

Unnamed Alley Near City Parking Lot. All of the unnamed alley public right-of-way extending northerly from Mariposa Street between 2006-2007 Los Angeles County Assessor Parcel Numbers 5767-024-034 and 5767-024-900, and then extending westerly until its terminus at the easterly edge of Assessor Parcel Number 5767-024-041.

19.

Windsor Lane. The portion of the Windsor Lane public right-of-way located between West Sierra Madre Boulevard and a line one hundred nine feet north of and parallel to Montecito Court.

"City" means the city of Sierra Madre, including, but not limited to, actions or policies of the city council.

"Density limit" generally means no greater than thirteen dwelling units per acre of land. This density limit shall be specifically applied as follows: no new construction shall be permitted or constructed for more than one dwelling unit for each three thousand three hundred fifty square feet of area of a lot or parcel where units will be built. The number of dwelling units allowed under this density limit shall be rounded down to whole integers. For example, for half an acre (twenty-one thousand seven hundred eighty square feet) only six dwelling units could be built.

"Dwelling unit" is defined as follows in a manner consistent with its 2006 definition in Sierra Madre Municipal Code Section 17.08.020:

"Dwelling unit" means one or more rooms in a building designed and intended to be used as living quarters by one person or a family.

"Finished grade" means the final grade of the site which conforms to the approved plan.

"Height" is defined as follows in a manner consistent with its 2006 definition in Sierra Madre Municipal Code Section 17.08.020:

The "height" of a building is the vertical distance above a reference datum measured to the highest point of:

1.

The coping of a flat roof; or

2.

The deck line of a mansard roof; or

3.

The average height of the highest pitched gable of a pitched or hipped roof.

The reference datum shall be selected from one of the following whichever yields a greater height of building:

a.

The average elevation of adjoining finished grade within a five-foot horizontal distance of the exterior wall of the building; or

b.

The average elevation of adjoining pre-existing grade or natural grade within a five-foot horizontal distance of the exterior wall of the building, but natural grade shall not be used if the site has been previously graded or developed.

The "height" of a stepped or terraced building is the greatest height of any segment of the building, and the height limit shall apply to each segment.

"Height limit" means both no greater than a physical height of thirty feet, and also no greater than two stories of enclosed space. Under no circumstances shall the height limit be exceeded. No change in the height limit shall be allowed as part of any density bonus offered for any reason.

"Major general plan change" means any action by the city of Sierra Madre, including, but not limited to, any change to the land use element of the Sierra Madre general plan or the land use map in the Sierra Madre general plan or by adoption or amendment of any specific plan which would either:

1.

Increase the allowed height on any lot or parcel of land in the central core area beyond the height limit, or

2.

Increase the allowed development density on any lot or parcel of land in the central core area beyond the density limit, or

3.

Sell, lease, transfer, or allow any development of land or rights-of-way or easements owned or controlled by the city of Sierra Madre or any public entity within the central core area.

"Major zone change" means any action by the city of Sierra Madre, including, but not limited to, any change to the Sierra Madre zoning map or the Sierra Madre zoning code or any city ordinance or city council resolution or motion or approval of a contract which would either:

1.

Increase the allowed height on any lot or parcel of land in the central core area beyond the height limit, or

2.

Increase the allowed development density on any lot or parcel of land in the central core area beyond the density limit, or

3.

Sell, lease, transfer, or allow any development on any rights-of-way or easements or other land within the central core area owned or controlled by the city or by any public entity.

"Natural grade" means the grade prior to the deposit of earth material placed by artificial means and/or prior to mechanical removal of earth material.

"New construction" means any physical activity to erect or alter any building within the central core area, but does not include mere repairs or maintenance of existing buildings or structures which does not increase the physical height, number of habitable stories, or number of dwelling units on a lot or parcel or in an existing building,

"Pre-existing grade" means an established grade that exists on a site for which a legal grading or building permit was in effect for ten years prior to a request for a building, demolition, or grading permit.

"Story" or "stories" are defined as follows in a manner consistent with its 2006 definition in Sierra Madre Municipal Code Section 17.08.020:

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the highest point of the exterior roof above. If the finished floor level directly above a usuable or unused underfloor is more than six feet above the pre-existing grade or natural grade for more than fifty percent of the total perimeter or it is more than twelve feet above the finished grade at any point, such usable or unusable underfloor shall be considered as a story.

"Voter approval" means an ordinance proposed by the city council or voter petition and affirmatively approved by a majority voting "YES" on it at a regularly-scheduled city election. The entire text of any such proposed ordinance shall appear in all sample ballot materials.

Nothing in this chapter restricts the city from applying existing or commonly used definitions to other words and phrases not specifically defined in this chapter. (Init. Ord. 2-30-13 (part), 2007)

On and after the effective date of the initiative ordinance codified in this chapter:

A.

The entire text of the initiative ordinance codified in this chapter is hereby added to the zoning code of the city of Sierra Madre, and all copies of the zoning code shall contain the entire text of this chapter.

B.

The entire text of this chapter is hereby added to the land use element of the 1996 Sierra Madre general plan under new a heading entitled "3.5 Central Core Area" commencing at the middle of page 36 in Chapter One, prior to the heading "4. Institutional Land Uses." All copies of the land use element of the general plan thereafter shall contain the entire text of this chapter. (Init. Ord. 2-30-13 (part), 2007)

On and after the effective date of the initiative ordinance codified in this chapter, all copies of the zoning map and general plan land use map of the city printed or distributed to the public by the city shall include or attach a copy of the map of the central core area attached to the initiative ordinance codified in this chapter as Exhibit A as follows:

A.

All copies of the zoning map of the city of Sierra Madre shall contain a map of the central core area either printed on the zoning map itself or as a separate attachment thereto.

B.

All copies of land use map of the Sierra Madre general plan shall contain a copy of a map of the central core area either printed on the land use map itself or as a separate attachment thereto. (Init. Ord. 2-30-13 (part), 2007)

On and after the effective date of the initiative ordinance codified in this chapter, its provisions shall apply to all new construction in the central core area without regard to any provisions of the Sierra Madre Municipal Code or the Sierra Madre general plan that may be in conflict with the provisions of this chapter. (Init. Ord. 2-30-13 (part), 2007)

The provisions of this chapter apply to all land, all public or private rights-of-way or easements, and their uses within the central core area only, and the provisions of this chapter do not apply to property or rights-of-way or easements outside the central core area. (Init. Ord. 2-30-13 (part), 2007)

Nothing in this chapter shall be deemed to limit the authority of the city to regulate uses of property or design standards or building construction within the central core area as to matters outside the subjects of:

A.

The maximum of two stories in any new construction,

B.

The maximum of thirty feet height in any new construction, and

C.

The maximum of thirteen net dwelling units per acre.

However, in no event may the city staff or city council approve any policy or take any action which directly or indirectly undermines or is inconsistent with the provisions of this chapter except through the voter approval mechanism set forth in Section 17.35.140 below. (Init. Ord. 2-30-13 (part), 2007)

The provisions of this chapter shall become effective at midnight after the polls close on the same day of its approval by the voters at an election. (Init. Ord. 2-30-13 (part), 2007)

In the event a final judgment of a court determines that a provision of this chapter, or a particular application of a provision, is invalid or unenforceable pursuant to a state or federal law or constitution, that invalid or unenforceable portion or application shall be severed from the remainder of this chapter, and all other portions of this chapter shall remain in effect without the invalid or unenforceable provision or application. (Init. Ord. 2-30-13 (part), 2007)

In the event that any ballot measure is proposed for voter approval on the same election ballot as this initiative measure, and such other measure contains provisions which deal with land uses or development or construction in the central core area, it is the intent of the voters that the provisions of this measure shall prevail over any such other measure in its entirety, and to the extent that this measure receives a greater number of votes for approval than any such other measure, it is the voters' intent in enacting this measure that no provision of any such other measure shall become effective. (Init. Ord. 2-30-13 (part), 2007)

No provision of this chapter may be amended or repealed except by a majority of the voters of the city of Sierra Madre voting on a ballot measure for that purpose placed before them at a regularly-scheduled municipal election. (Init. Ord. 2-30-13 (part), 2007)