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Solana Beach building measure victorious after tally

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SOLANA BEACH - A tally Wednesday of provisional ballots in a nail-biting special election did not change the status of Proposition A - the bitterly contested "Neighborhood Preservation Ordinance" has passed, restricting the size of homes in six areas of the city.

The results, which show Prop. A garnered 50.86 percent of the vote, will remain unofficial until the registrar of voters completes what is called a canvass. The canvass is a precinct-by-precinct accounting in which numbers of ballot signatures on rosters are tabulated and reconciled.

Results posted Wednesday show the measure received 1,978 "yes" votes to 1,911 "no" votes.

The canvass should be completed within a week, said Cathy Glaser of the registrar's office.

She said she expects to present a certificate to the Solana Beach city clerk on Monday so that the City Council can vote to certify the election results at its meeting Wednesday.

The ordinance, which restricts the sizes of homes in six areas west of Interstate 5, would take effect 10 days after that.

"It's a … shame," said Louise Abbott, who led one of three groups that fought to defeat the measure. "There are some people who aren't going to take this lying down."

She declined to be more specific.

Either side can request a recount, Glaser said, adding that the side making the request must agree to pay for it.

Another avenue of possible appeal is to contest the election. Such cases require that the challenger allege illegal conduct on the part of election officials or rival groups, she said.

In November, a city of Coronado land-use measure won by 7 votes, Glaser said, and the results were not challenged.

As written, the Solana Beach ordinance would halt the spread of large houses on small lots and would affect about 1,200 homes - nearly one in five in the 3.4 square-mile city.

Existing law allows a 6,700-square-foot house on a 16,000-square-foot lot; Prop. A limits a house on the same size lot to 5,075 square feet. That's a 24.3 percent reduction.

Prop. A supporters say that supersized homes threaten to overrun the modest cottages and beach bungalows that define their city; opponents say the measure violates fundamental property rights.

The City Council has not determined how to handle pending projects if Prop. A passes. Historically, changes in zoning regulations apply only to proposals submitted after the changes have taken effect.

According to the registrar, 3,889 of Solana Beach's 7,751 registered voters participated in the special election. That translates to a turnout of 50.2 percent.

Prop. A received generous backing from real estate interests, including $30,000 from the California Realtors Association. The opposition's combined war chest totaled $57,612, according to financial disclosure forms.

By comparison, the pro-Prop. A group, Save Old Solana, raised $5,443, financial forms show.

A founder of Save Old Solana, David Zito, said that the election has proven that voters understood the group's message and that special-interest money would not carry the vote.

"The tactics we used - a lot of networking and walking door to door - are still effective and can overcome enormous amounts of money," Zito said.

- Contact staff writer Adam Kaye at (760) 943-2312 or akaye@nctimes.com.

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