1,563 / 43.5% Yes votes ...... 2,032 / 56.5% No votes

See Also: Index of all Measures

The "Downtown Zoning Initiative" proposes several changes to zoning regulations in Title 10 of the Millbrae Municipal Code ("Zoning Code") that are expressly limited in their application to the area of downtown Millbrae consisting of Broadway between Taylor Boulevard and Victoria Avenue and the west side of El Camino Real between those same streets (the "Downtown Improvement Area").

The initiative proposes to limit the number of restaurants in the Downtown Improvement Area to 25% of the "Commercial Building Spaces." The term "Commercial Building Spaces" is defined in the initiative as "each building unit for which there is a postal address, excluding suite numbers, which building unit is used for commercial purposes."

The measure would prohibit in the Downtown Improvement Area certain adult businesses, tattoo providers and controlled substance paraphernalia sales, as well as massage parlors that are not owned and operated by state-certified therapists. The measure defines "Adult Entertainment and Adult Book Stores," which are subject to the ban, as "the provision of services, products, motion pictures, films, or other visual representations, 25% or more of which materials are characterized by an emphasis on `specified sexual activities' or `specified anatomical areas.'" These latter terms are further defined in the measure.

The measure also would require a number of uses to obtain a conditional use permit ("CUP") for sites within the Downtown Improvement Area provided they are otherwise permitted under the Zoning Code. These uses include:

accessory uses incidental to retail uses such as instructional classes, personal service uses, drug stores, grocery stores and markets, pawn shops, resale shops, restaurants, schools, parking lots, retail sales and personal services not within a building, commercial recreation, drive-in restaurants, drive-in services or take-out services, hotels, motels, on-sale premises, auto sales and services, residential uses, public utility substations and electric transmission lines, gun shops, and smoke shops.

The measure would also require a CUP for any new building or enlargements. Some of the above-referenced terms are defined in the Zoning Code, others are not.

The measure restates the procedures for consideration and issuance of a CUP, requiring that the Planning Commission, after providing notice to affected owners and conducting a public hearing, make the finding that, under the circumstances of the particular case, the use will not be detrimental to the health, safety, morals, comfort and/or general welfare of the neighborhood or of the city. Any uses that become non-conforming as a result of this measure would be treated as such under the terms of the Sections 10-1.901 and 10-1.905 of the Zoning Code.

/s/ Joan L. Cassman August 20, 2003 City Attorney

The purpose of this Initiative is to re-zone a three block area of Millbrae's Downtown shopping district between El Camino and Broadway. The goal of the Initiative is to revive and improve that area by limiting the establishment of new restaurants, reserving 75% of the storefronts for retail use, and prohibiting seedy "adult" businesses.

The Initiative is modeled after a similar zoning ordinance that was adopted in Burlingame. Burlingame Avenue has a healthy mix of quality retail stores and fine dining. We believe the passage of this Initiative will encourage a similar economic vitality for Downtown Millbrae.

Millbrae is a great community, and we deserve a great shopping and dining district of our own. There is no reason why Millbrae residents should have to travel out of town to shop at high quality boutiques and dine at high quality restaurants.

But a better Downtown happens by design, not by accident. The lesson of Burlingame is that smart zoning can and does lead to higher quality stores and restaurants. Improving Downtown will encourage Millbrae residents to spend their money in Millbrae, thus increasing sales tax revenues for the benefit of the whole community.

A better Downtown Millbrae, with upscale retail stores and a safe family-friendly atmosphere, will also increase property values throughout the city.

For a Better Downtown Millbrae, Vote "Yes" on Measure E, the Downtown Zoning Initiative.

/s/ Janet Fogarty August 15, 2003 Former Mayor of Millbrae

/s/ Linda Maule August 15, 2003 Former Chair Chamber of Commerce

/s/ Michael Quivey August 15, 2003 Downtown Restaurant Owner

/s/ Chang Moon August 15, 2003 Downtown Business Owner

The proponents of Measure E take a simple and unrealistic view of what makes a vibrant Downtown. To suggest that a restriction in the proportion of restaurants in Downtown would lead to a vibrant and eclectic Downtown is ludicrous. On the contrary, restaurant tenancy is a vital component on the evolutionary path to a vibrant Downtown.

Measure E will deny the citizens of Millbrae the ability to make any change in zoning for the Downtown without engaging in a costly and time consuming Initiative process.

Desirable new restaurants that would like to locate in our Downtown could be denied or might not endure the costly, cumbersome and uncertain Ballot Process.

While those in favor of Measure E cite Burlingame as a proven case of "smart zoning"; they fail to explain that Burlingame has zoned their Downtown not through the Initiative process, but by the public hearing process. A process which allows for changes by the City Council with public hearings to act upon changing economic and market conditions in a timely manner. This public hearing process guarantees community input to manage the evolution of our town.

Measure E takes away the public's voice when it's most needed.

Furthermore, Measure E will only ban adult entertainment stores in the three block area of Downtown. Measure E would replace a far superior adult use law already in place which protects all of Millbrae!

Don't let the devil in the details catch you!

No on E!

/s/ Mary Griffin August 22, 2003 Retired San Mateo County Board of Supervisor; Former Millbrae Mayor and Councilmember

/s/ Dan Rogers August 22, 2003 Downtown Process Committee Member

/s/ Victor Graff August 22, 2003 22-year Millbrae Planning Commissioner

/s/ Robert G. Gottschalk August 22, 2003 Millbrae City Councilmember

Measure E is bad for Millbrae; it's bad planning and bad law.

Existing ordinances better address all the issues that Measure E purports change. Current Millbrae ordinances regulate adult entertainment and bookstores with far more restrictive and more constitutionally sound means than proposed by Measure E.

Measure E threatens our children by potentially allowing adult bookstores near our schools.

Measure E threatens Millbrae's economic future. It will prohibit any additional new restaurants in the Downtown where there are already many vacancies. In the last decade, restaurants have added to the economic vitality of our Downtown and have provided for healthy growth in sales revenues for Millbrae. Sales taxes from restaurants have funded essential services like fire, police and recreation.

In these economically challenging times we need to encourage new business, not prohibit them. Current Millbrae ordinances already subject any new restaurants to a rigorous conditional review process.

If passed, Measure E exposes Millbrae to costly litigation from potential conflicts with Constitutional Rights, deprives Millbrae from developing appropriate zoning regulations to manage future growth and economic development, and requires Millbrae to undertake the costly initiative process again in the future to make even the smallest changes. Moreover, Measure E would hinder property owners' opportunities to find tenants and receive a fair return on their investments.

Measure E is confusing and counterproductive. It sets arbitrary limits restaurants and exacerbates an already lengthy approval process for new businesses in the downtown. It will create an environment of uncertainty that could discourage businesses like the new Trader Joe's. It will diminish the economic vitality of our Downtown and the rights of property owners, cost the City's tax revenues, and reduce vital City services.

Vote No Measure E; it's bad news for everyone.

/s/ Mary Griffin August 15, 2003 Retired Member of San Mateo County Board of Supervisors; Former Millbrae Mayor and Councilmember

/s/ Dan Rogers August 15, 2003 Downtown Process Committee Member

/s/ Kathryn Runkle August 15, 2003 Millbrae AARP #2049

/s/ Victor Graff August 15, 2003 22-year Member of Millbrae Planning Commission

/s/ Doris Morse August 15, 2003 Former Millbrae Mayor and Councilwoman

Measure E will improve the Millbrae business climate without raising taxes. The Millbrae Chamber of Commerce has already voted to endorse the Downtown Zoning Initiative, Measure E, because the Chamber understands the real facts.

It will increase city revenues without new taxes.

Similar Burlingame ordinances have been on the books for years, and the courts have not struck them down. Why should they? Citizens have a right to limit the location of adult businesses and create family-friendly shopping districts.

Read the Measure. It does not invalidate any city ordinances. It strengthens existing ordinances, and will not allow adult bookstores near schools or impact family-safe zones, it merely strengthens restrictions in the Downtown.

Voting Yes on E will prevent special interests from getting changes to these stronger restrictions without a vote of the people.

How many restaurants do we need in Downtown Millbrae? We now have 25 in just 3 square blocks. Surely a limit of one restaurant for every four businesses is reasonable. The Measure will not prevent anyone from opening a restaurant outside the three-block zone.

Enlightened property owners in the Downtown know they will benefit.

Although building owners may be prohibited from leasing to certain undesirable businesses, as the Downtown improves, rents and property values will increase.

Look at Burlingame Avenue for a prime example of the benefits of good zoning as provided by Measure E.

You can keep our kids safe and make our Downtown better.

Vote Yes on Measure E.

/s/ Carole M. Bottarini Downtown Property Owner

/s/ Louis M. Sandrini Former Millbrae Director of Public Works, Member Knights of Columbus

/s/ John Falsarella Former Chair Senior Advisory Council, Member AARP

/s/ Ronald Caine Retired Millbrae Police Sergeant

/s/ Leona M. Clothakis Former President Millbrae Chamber of Commerce

In order to implement the "Downtown Millbrae Market Analysis and Action Agenda" adopted by the City in 1996, to reverse the decline of our Downtown and help it evolve to a brighter future by improving the number and mix of retail businesses and to improve the quality of goods offered by Downtown Millbrae businesses, to control problems attendant upon certain types of businesses, and to preserve the Downtown from blight caused by detrimental businesses that expose our youngsters to harmful influences and impact the safety of our Downtown, and because a better Downtown happens by design, not by accident, The people of the City of Millbrae do ordain as follows:

Millbrae's Zoning Ordinance, Section 10-1.407, be amended, as to the C-1 Zoning District (see Zoning Map attached), only in the area known as the "Downtown Improvement Area", which is defined as Broadway and the west side of El Camino Real between Taylor Boulevard and Victoria Avenue, to add the following provisions to the existing provisions of the Sections:

1. The number of restaurants permitted, as such use is defined in Section 10-1.201, shall be limited to 25% of the Commercial Building Spaces in the C-1 District in the Downtown Improvement Area. Each building unit for which there is a postal address, excluding suite numbers, which building unit is used for commercial purposes, shall constitute a Commercial Building Space for calculating the numerical percentage for purposes of this provision;

2. The following uses shall be prohibited in the C-1 District in the Downtown Improvement Area: adult entertainment and adult book stores, tattoo providers, controlled substance drug paraphernalia sales, and massage parlors which are not owned and operated by state-certified therapists;

3. The following uses shall be permitted only with the issuance of a conditional use permit in the C-1 District in the Downtown Improvement Area, and only where otherwise permitted under the Millbrae Zoning Code:

Accessory uses incidental to retail such as instructional classes, personal services use, Drug stores, Grocery Stores and Markets, Pawn Shops Resale Shops, Restaurants, Schools, Parking Lots, Retail Sales and Personal services not within a building, Commercial recreation, Drive-In Restaurants, Drive-in or Take-out Services, Hotels, Motels, On-sale Premises, Auto sales and services, Residential uses, Public utility Substations and electric transmission lines, Gun Shops, Smoke shops, New buildings and enlargements.

Conditional use permits shall be issued pursuant to the provisions of 10-1.1002, provided that the planning commission, after notice to affected owners, and a public hearing, as otherwise required under the Millbrae Zoning Ordinance, makes the finding that, under the circumstances of the particular case, the use will not be detrimental to the health, safety, morals, comfort and/or general welfare of the neighborhood or of the City, pursuant to Section 10-1.1004.

Where uses become non-conforming due zoning, they would be "grandfathered" non-conforming uses are otherwise treated Zoning Ordinance (Section 10-1.901 and Section 4.

In order to meet Constitutional requirements regulations concerning "Adult" bookstores entertainment, Section 10-1.201 of the Ordinance shall be amended to include a definition: Entertainment and Adult Book Stores", which as the provision of services, products, or entertainment, defined as books, magazines, photographs, pictures, films, or other visual representations, which material is characterized by an emphasis on sexual activities" or "specified anatomical areas." Specified anatomical areas" shall include less than opaquely covered human genitals or pubic region, female breast below a point immediately above areola. "Specified sexual activities" shall genitals in a state of sexual arousal, actual or intercourse, masturbation, fellatio, cunnilingus, sodomy, sadomasochistic abuse or other sexual
5.

If any provision of this Initiative shall be found competent jurisdiction to violate any provision order of said court, the specific provision shall this initiative, however the remaining provisions their entirety.