See Also: Index of all Measures

AN INITIATIVE ORDINANCE PROHIBITING CERTAIN USES AND RESTRICTING BUILDING HEIGHTS TO 22 FEET WITHIN 400 FEET OF SOME PUBLIC AND PRIVATE SCHOOLS; AND APPLYING A 56-FOOT HEIGHT LIMIT, WITHOUT THE CURRENT EXCEPTION PROCESS FOR REDEVELOPMENT PROJECT AREAS, THROUGHOUT THE CITY OF CULVER CITY

Proposed Measure M would add provisions to the Culver City Municipal Code, which would change certain existing City laws and regulations affecting commercial land uses and property development.

1. Measure M proposes to add to the Municipal Code a list of prohibited uses located within 400 feet of some schools. These uses include automobile-related businesses, such as service stations and parking structures, unless used for educational or residential purposes; recreational uses, such as arcades and public theaters; and adult-type uses, including bars and billiards. The restriction is waived if the use is located near schools in a manufacturing zone and a conditional use permit is obtained. The Municipal Code currently regulates some of these uses near schools and throughout the City, including a prohibition on adult uses and a conditional use permit for bars. The Measure states it will not limit existing Code restrictions. Each regulation will need to be evaluated to determine whether the new provisions or current regulations will apply. A legal question exists whether public theaters, which have First Amendment constitutional protection, can be prohibited as proposed in the Measure.

2. Measure M would add a prohibition to the Municipal Code on constructing new buildings more than 22 feet in height near schools which are located mostly in residential zones. A building could exceed this height limit if it is in a manufacturing zone with a conditional use permit; is near a school located mostly in a commercial zone; or is used for educational or residential purposes. An example of the effect of the exception for educational or residential purposes would be that an apartment complex could be built at the maximum 56-foot height limit, and a library or office building would be limited to the 22-foot limit. Such exceptions to height limits and prohibited uses may impact whether the provisions of the Measure will achieve the proponents' stated purpose--to reduce risks they believe are imposed on schoolchildren by the uses and structures listed in the Measure. Current law requires a connection between an ordinance's purpose and effect.

3. Proposed Measure M would apply the existing fifty-six (56) foot height limit throughout the City by: a) repealing a Municipal Code section, currently providing a process for the Planning Commission and City Council to approve exceptions to the height limit in the Culver City Redevelopment Project Areas; and b) applying the height limit in the Downtown Overlay and Light Manufacturing Zones. A Redevelopment Agency is governed by California State law and its actions cannot be changed through the initiative process. A legal question exists about the effectiveness of this provision.

4. Measure M also would allow a Culver City resident to enforce or defend it if challenged in court, and provides attorney's fees for successful residents. Both issues are currently regulated by California State law, which controls local provisions.

5. Measure M attempts to protect certain private property rights by containing a retroactivity provision which is subject to applicable state and federal law.

Contact FOR Measure Culver-M:

Citizens for Safe Schools http://www.culvercitywatch.org/clcc/css.html

Contact AGAINST Measure Culver-M:

Alliance for a Better City http://www.alliance4abettercity.org

Culver City Election Site