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HomeMy WebLinkAbout8038 RESOLUTION NO 8038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ORDERING THE SUBMISSION OF AN INITIATIVE ORDINANCE TO THE QUALIFIED VOTERS OF THE CITY OF REDLANDS PROPOSING TO AMEND VOTER APPROVED LAND USE INITIATIVES MEASURES U, N, AND PROPOSITION R AT THE PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON MARCH 3, 2020, AS CALLED BY RESOLUTION NO 8023 WHEREAS, a Special Municipal Election on Tuesday, March 3, 2020, has been called by the City Council of the City of Redlands ("this City Council") pursuant to Resolution No 8023, adopted Octobei 15, 2019, and WHEREAS, this City Council, desires to submit to the voters of the City, at a Special Municipal Election, an initiative oidmance relating to the amendment of certain provisions of the voter-approved initiatives commonly known as Measures U and N, and Proposition R, and WHEREAS, this City Council is authorized and directed by statute to submit the proposed initiative ordinance to the voters, NOW, THEREFORE, the City Council of the City of Redlands does hereby resolve declaie, determine and order as follows Section I. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following question Yes Shall Ordinance No 2896, entitled "An Ordinance of the People of Redlands facilitating and piovidiig for the enhancement of sustainable No development within the Transit Villages Planning Area of the City of Redlands by amending the City of Redlands General Plan and the 1978 voter- approved initiative measure commonly known as Proposition R, as amended by the 1987 voter- approved initiative measure cominonly known as Measure N," be adopted'? A cross (+) placed in the voting square after the word "YES" shall be counted in favor of the adopting of the question A cross (+) placed in the voting square after the word "NO" shall be counted against the adoption of the measure 1 i\Resolutions\Res 8000 8099/8038 Ordenng Submission Ballot Measure.doca Section 2 That a true and correct copy of the text of the proposed initiative ordinance to be submitted to the voters is attached hereto as Exhibit "A," and made a part hereof by this reference Section 3. That the last day for receipt of primary arguments for or against the initiative ordinance, not exceeding 300 words, has been established at 5 00 P M on December 16, 2019, in the City Clerk's Office, Civic Center, 35 Cajon Street, Suite 4, Redlands, California, and signed by each proponent and by each author, if different, of the argument in conformance with provisions of Section 9600 of the California Elections Code Arguments may be changed or withdrawn by their proponents at any time prior to and including the final date fixed for filing arguments Section 4 That pursuant to Sections 9220 and 9285 of the California Elections Code, when the City Clerk has selected the arguments foi and against the measure which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor The authors may prepare and submit rebuttal arguments not exceeding 250 words Rebuttal aiguments shall be printed in the same manner as the direct arguments Each rebuttal argument shall munediately follow the direct argument which it seeks to rebut Section 5. That the last day for receipt of rebuttal arguments not exceeding 250 words has been established as 5 00 P M on December 24, 2019, in the City Clerk's Office, Civic Center, 35 Cajon Street, Suite 4, Redlands, California, and signed by each proponent and by each authoi, if different, of the rebuttal argument in conformance with the provisions of Section 9600 of the California Elections Code Rebuttals may be changed or withdrawn by their proponents at any time prior to and including the final date fixed for filing rebuttals Section 6. That the City Council directs the City Clerk to transmit a copy of the ineasuie to the City Attorney The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure The impartial analysis shall be filed by the date set by the City Clerk foi the filing of pi unary arguments Section 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections Section 8 That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further and additional notice of the election, in time, form and manner as required by law Section 9 That the City Clerk of the City of Redlands is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Bernardino 2 I\Resolutions\Res 8000 8099\8038 Ordering Submission Ballot Measure.docx Section 10 Pursuant to the California Environmental Quality Act ("CEQA"), the City has prepared a Subsequent Environmental Impact Report ("SEIR") and the City Council has adopted Resolution No 8043, entitled `Ballot Initiative SEIR Fmdmgs," which certified the SEIR m compliance with CEQA and m connection with the City Council's consideration of the adoption of this Resolution ADOPTED, SIGNED AND APPROVED this 5th day of November, 2019 W Foster, Mayor ATTEST ?/. Jd- e Donaldson, City Clerk 3 11Resolutions\Res 8000 8099/8038 Ordering Submission Ballot Measure.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution No 8038 was duly adopted by the City Council at a regular meeting thereof held on the 5th day of November, 2019, by the following vote AYES Councilmembers Ranch, Tejeda, Momberger, Davis, Mayor Foster NOES None ABSTAIN None ABSENT None ,C)44-6C-- J Donaldson, City Clerk 4 11Resolutions\Res 8000-8099\8038 Ordenne Submission Ballot Measure.docx ORDINANCE NO 2896 AN ORDINANCE OF THE PEOPLE OF REDLANDS FACILITATING AND PROVIDING FOR THE ENHANCEMENT OF SUSTAINABLE DEVELOPMENT WITHIN THE TRANSIT VILLAGES PLANNING AREA OF THE CITY OF REDLANDS BY AMENDING THE CITY OF REDLANDS GENERAL PLAN AND THE 1978 VOTER-APPROVED INITIATIVE MEASURE COMMONLY KNOWN AS PROPOSITION R, AS AMENDED BY THE 1987 VOTER-APPROVED INITIATIVE MEASURE COMMONLY KNOWN AS MEASURE N WHEREAS, the State Legislature has enacted the Transit Village Development Planning Act of 1994 (Government Code section 65460 et seq ) and, in doing so, found that the development of transit development districts can improve a city's environmental conditions by increasing the use of public transit, facilitating the creation of, and improvement to, walkable, mixed use communities, and decreasing automobile use, and WHEREAS, the State Legislature has also found that the development of transit village development districts throughout the State should be environmentally conscious and sustainable, and related construction should meet or exceed the requirements of the California Green Buildings Standards Code, and WHEREAS, the State Legislature further found that the development of transit village development districts improves local street, road, and highway congestion by providing viable alternatives to automobile use, and WHEREAS, the City's General Plan articulates a vision for transit-oriented development with specified goals and implementing strategies for establishing future environmentally conscious and sustainable development patterns around the proposed Redlands passengei rail stations to effectuate the purposes of the State Legislature in enacting the Transit Village Development Planning Act of 1994, and WHEREAS, transit-oriented development is intended to serve as a foundation for realizing the goal of a connected, accessible, and active community by creating pedestrian and transit-oriented villages that reflect each transit station area's existing assets and unique characteristics, and WHEREAS, the People of the City of Redlands acknowledge that components of the transit-oriented villages serve to improve connectivity between the proposed transit villages and the City's existing neighborhoods,provide new jobs, housing, and entertainment opportunities in walkable environments and provide new development and mfill opportunities which enhance the environmental sustainability of the City, and WHEREAS, more than 40 years ago, in 1978, the voters of the City of Redlands approved Proposition "R," which in relevant part provided that no more than 450 residential dwelling units could be developed within the City in any one calendar yeas, and 1 I\Ordinances\Nos 2800 2899 in Word12896 Ballot Measure Ordinance Legislative BBK Edits- 10 31 2019-cl DJM.docx WHEREAS, more than 30 years ago, in 1987, the voters of the City of Redlands approved Measure "N," which in relevant part amended Proposition "R" to provide that no more than 400 residential dwelling units could be developed within the City in any one calendar year, and WHEREAS, the People of the City of Redlands have determined that the above referenced limitations on annual residential dwelling units in the City greatly dissuade, frustrate, hinder, and make impractical the environmentally conscious and sustainable development contemplated by the City's specific plan for its Transit Village Planning Area, and WHEREAS, the People of the City of Redlands find that the encouragement of development around the Redlands Transit Villages will enhance the quality of life foi the residents of Redlands and hereby determine that development within the boundaries of the Transit Villages Planning Area (as depicted in Exhibit "A" attached hereto) should be exempt from the provisions of the 1997 voter-approved General Plan amendment commonly known as Measui e "U," and WHEREAS, section 7 9-4 of the Housing Element of the City of Redlands General Plan, entitled "Evaluate Initiating a Ballot Measure to Allow Carryover of Unused Building Permit Allocations from Year to Year," recognizes that "Proposition R and Measure N established a limit of four hundred (400) dwelling units that could be built in any one calendar year The original number was established based on a historical average of dwelling units per yeas Proposition R and Measure N prohibit the carryover of unused dwelling units from year to yeas While this will not necessarily prohibit the City from meeting its current hosing goals, it may be required to exceed the 400 unit cap at some point in older to meet the goals if the development activity were to remain low for an extended period of time during this Element's time period," and WHEREAS, the Housing Element of the City of Redlands General Plan then provides as an "action item" that the City should " to consider initiating an amendment to Measure N in time to get the amendment on the ballot for the November election," and WHEREAS, the People of the City of Redlands further desire to maintain the annual limitation on the approval of residential dwelling units m the City to four hundred (400) dwelling units for properties located outside of the Transit Villages Planning Area, subject to a limited exception to exempt new residential dwelling units constructed within the Transit Villages Planning Area from such annual limitation to encourage enhanced and sustainable housing options foi the Redlands community, THE PEOPLE OF THE CITY OF REDLANDS do hereby ordain as follows Section 1 Chapter 4 2 of the City of Redlands General Plan entitled "Principles of Managed Development" is hereby amended by the addition of Figure 4 2-1, which depicts the 2 I lOrdinances\Nos 2800 2899 in Wordu896 Ballot Measure Ordinance Legislative BBK Edits 10 31 2019-cl WJM docx geographical area of the City designated as the "Transit Villages Planing Area," and which is attached to this Ordinance as Exhibit "A" and incorporated herein by this reference Section 2 Sub-section B2, entitled "Special Categories of Development," of Section 4 2 of the Redlands General Plan, entitled "Principles of Managed Development," is hereby amended by the addition of subsection B2 G, which shall lead as follows "2. Special Categories of Development The provisions of this initiative shall not apply to the following A B C D E F Cr l�L'=.f:loon-rent -, am the ,,eon_i�i -dilLcad c z�e i of t�l i. 3'tk de_sL�imare as C��L Irt.1151t e l' Dili?fi?2, il'C, !_-_z34 t 4I1?i'Lt.ldlil [?<?111 C 4 2-l Section 3. The 1987 voter-approved initiative zonmg ordinance commonly known as Measure N is hereby amended by the addition of Exhibit N-1 which is attached to this Ordmance as Exhibit "B" and incorporated herein by this reference, and a new Section 7 which shall read as follo ws "SD, l ft v 7_ E y C i('-I ION_-_I he gedEti aphical c11 E.i of fte City de,hartated as the I l ans i Plan111nt.? Are, t?4 det?3Ct,..d in Exhibit N-I. which is 'Jied ei io aild i,L-?ipoicttnd he'eIi1 by thi`, I et el et-K,e he). 171: deemed e le)i1"rt from f he pip\.o 1o11s of this ]ilitlat 11 e or llianQ,ti and Plopo'nlion s'_ " Section 4 Section 3 of the 1978 voter-approved initiative ordinance commonly known as Proposition R, as amended by the 1987 voter-approved initiative commonly known as Measure N, is hereby amended to read as follows "Section 3 Henceforth, further residential development shall be limited to four hundred (400) n v, IcS:denitl dwelling units per calendar year 17itsuded hoLtelei that iico 2c'�iCletltldl cil%tllllic mils constructed v ithin the I,ailsf1 Phzintiiu Aica shall h e exempt tt' an such annual limitation In any given year, if less than four hundred units are approved or constructed outside of the hnu ldai tin tint the Transit , 111e--that unused number o t d1; units may not be earned forward to any future year" Section 5 The subsection entitled "Measure N" m Section 4 1 of the City of Redlands General Plan, entitled "Growth Management," is hereby amended to read as follows "Measure N, a growth control ordinance that amended the previous growth management measure (Proposition R), was approved by the voters in 1987 The measure limits the development of residential dwelling units to 400 units per calendar year Of the 400 units, 50 units are, by 3 I IOrdinances\Nos 2800-2899 in Word12896 Ballot Measure Ordinance Legislative BBK Edits 10.31 2019-cl DiM docx resolution, reserved for single-family homes, duplexes, triplexes, and four-plexes on existing lots, with the remainder to be allocated accoi ding to a point system which emphasizes design amenities The measure also restricts changing land designations or zoning to a higher density than Rural Estate (R-E) for those lands designated as urban reserve agricultural on June 1, 1987, and limits development on steep slopes i Y n Mdlc i _02(1 tifc �t?t_ui '�,7[ lf,ti '+, I3a1 li'lii�ili�=t?it.?%1�1 tc 35 i\i11t..1 k �hlltc_' and Pit?13Citi1=_Hail �.m1 ttl c'111L'}1�1C'il tt� `�t113j j d cltvi-neni 1.1l_Ei?l71 ill 'e(1'._!1ap11iL,il a[t.1 C t dcS1ififatcd tllc I1,trisit \ 111,ft.es 11,11�lliilt5 ,'k_ ,._a depicted ii i 1 =t:Ft `l._:'-1_ -1=,.1-1 the b.ions (if hod', z � " 'li:;tlk,tilc �: u'i?C� [ 1't+)3%)sItlLsi] i\. Section 6 The last sentence under the subsection "Measuie U" in Chapter 4 of the City of Redlands General Plan, entitled "Measure N," is hereby amended to read as follows "Certain types of development are exempted from Measure U, including development on existing lots of record, remodeling of existing single-fannly homes, development related to rail stations, and development projects Downtown a_prne11t i�li l.f] ?fit �y�C) �,#1)�,1C tt1 Gti��+ o the E ih designated d 111E l as dt,pictoi 1.1.1 Flaw 2_1 " Section 7. The subsection entitled "Growth Management and Land Use Elements" of Chapter 5 of the Housing Element of the City of Redlands General Plan is hereby amended to read as follows "The Growth Management Element grew out of the first growth management voter initiative, Proposition R, tdlick Ile( 1.111J.ti t oteL,, pdsse l ili 197` Redland,' 1 ote'i s subse ueI?il,, 1,-i sets t cu mows ()filet \otu mil 1.8f Ol\ih lndi?aucnient 1t1 i t1 f. 1.997. z3.ik# 2020. L� 3' ,",- F _�= p1.�-=-=r-' ;-_cam?. ; i- -; i;- a:.z '� t-P...,u a -rev :.a a'.i-z a•.l:�i �; <.t,''i.13t'`,i��, b ��s .l.z 4-:. l �Erl 1'1�i�kl -�_ 3�'. - ,t t- t'i' �,�5'-1 f.-1 "9:1=t:f �-�2• '.f3�° ,., .},. F i-c;i.-, Section 8 The subsection entitled "Annual Development Linutation and Recent Growth" of Chapter 5 of the Housing Element of the City of Redlands General Plan is hereby amended to read as follows "Proposition R was amended by Measure N (a zoning ordinance) in 1987, this policy restricts the development of residential dwelling units to 400 units a year within the City, and the extension of utilities to 150 units per year outside the City limits (within the Sphere of Influence, and therefore in the County of San Bernardino's jurisdiction) Of the 400 units within the City, 50 are, by resolution, reserved for single family homes, duplexes, triplexes and four-plexes on existing lots, the remainder are allocated on a point system, which emphasizes design amenities (This point system is described in the Residential Development Allocation section that follows ) Measure U, adopted by the voters in 1997, further articulated growth management policies This General Plan Amendment reinforced and modified certain provisions of Measure N, adopted 4 i 10rdinances\Nos 2800 2899 in Word\2896 Ballot Measure Ordinance Legislative BBK Edits 10 31 2019-cl DJM docx Principles of Managed Growth, and reduced the development density of San Timoteo and Live Oak canyons by creating a new land use category Resource Preservation Measure U has a negligible effect on the ability of the City to accommodate future residential development because it concerns an area of the City with steep hillsides, natural resources, and other conditions that would limit the development potential of this part of Redlands, regardless of governmental controls In addition, under Measure U, no land designated by the General Plan as Urban Reserve as of June 1, 1987, is to be ie-designated for a higher density than the RE designation as the same existed on June 1, 1987 unless specified findings are made by a four- fifths vote of the City Council N101eM.5j t ordm.inee adoDieu 'G the tote.€,, in MarLii 2020 eYketlipts de\e Upme t t illi113 Cli€ al Ca o €hc City ctLt at.c.d as the 1,-=1uSlt \,i lftitcc Pl0lnninit Ale,1 i701s1 iha rirOv1',1oI1s of PiO a'u] 4 and \l u�llls l Growth management measures were originally adopted in response to rapid residential development during the 1980s, when 30 percent of the current housing stock was constructed in a single decade This pace of development was an aberration in the development history and would not likely be repeated even without growth management e --t u---1 q a ;-.,P--1,n-e-.eI4.-'_--vac .a-,-(From April 2000 to January 2013), about 1,913 housing units, or about 147 per year, added to the s housing stock This is much Iess than the maximum permitted under Measure U Under the present growth management system, the C housing supply could expand by 12 percent over eight years (400 units per year between 2014 and 2021), although a third less than the pace of development during the 1980s, even this growth rate is unlikely \ °:ie fiNel the ETC1=)'-., hOL.t-;11 . It co ikl e pand by an a'en neaten lLiL.e1ltaue due to .\ lou`, LatL )files _.E des e o.lent €.,,,.n-1nt :ion- t' " Section 9 The first paragraph of the subsection entitled "Housing Type Balance" of Chapter 5 of the Housing Element of the City of Redlands General Plan is hereby amended to read as follows I "Measure U, in place 3sti 12 -oryl-,,,irnee__1.0007, also amended the Redlands General Plan Land Use Element to "plan for" a housing mix of 75 percent single-family and 25 percent multi-family dwelling units at buildout The City Council has adopted a clarification of this policy that further adjusts these numbers by determining that "foi-sale" condominiums (which aie considered multi-family dwellings by the Census and the Department of Finance) will be considered single- family dwellings foi purposes of this calculation In add ltkm ilk:: Clt\ 1. oulicil has iliiihin €,l b1:1t1Gd that del :1opmeni s ll?ill t l� l is nsn 1� 1 S_P}a1lning_Arsa a 1c ten ed 1n F12. n< 42-1 =1�1 not he tactoi ed into the hous1I1 lT'3= t eterereadd ahoy e " Section 10 The first paragraph of the subsection entitled "Residential Development Allocation" of Chapter 5 of the Housing Element of the City of Redlands General Plan is hereby amended to read as follows "Residential Development Allocation (RDA) 5 1\Ordinances\Nos 2800 2899 in Word\2896 Ballot Measure Ordinance Legislative BBK Edits 10 31 2019-el DJM docx Required by the Growth Management Element, the Residential Development Allocation (RDA) determines which projects may move through the development process to receive building permits Reyde'}lt i.a.t .14.1m,1tt I is)!1-]_tP rojects t 1 tt i ris}hh e(ir more than four units r apt]jl ,it. ire sublt.A.t to thc pro 1 ;�1,�tlti of '1C)po lo R And \ Ls? iiJ i% against each other foi an allocation of housing units from the pool of 400 dwelling units allowed each yeas within the city limits and 150 utility connections permitted in the SOI The City Council makes allocations four times a year, 117 allocations in each of the first three quarters and the iemamder in the fourth Staff assists applicants in pieparmg applications Unused allocations may not be carried forward to the next year Moieover, a project must obtain at least ninety points in order to receive an allocation" Section 11 The first paragraph of the subsection entitled "Meeting the RHNA Under Measure U" of Chapter 5 of the Housing Element of the City of Redlands General Plan is hereby amended to read as follows "Meeting the RHNA Under Measure U The growth management system will not constrain Redlands' ability to accommodate its RHNA During the eight years of the RHNA projection period (January 1, 2014 to October 31, 2021), 2,429 units would need to be accommodated, or about 304 units per year, for Redlands to meet its RHNA This development rate is feasible under the City's policy, which allows up to 400 units per year within city limits (plus unlimited additional SRO and congregate care facilities-, ill addition to thrilliniled de\e16$pia-mrt lthin the 2 (..)i.alaphic.c>l__ tht- ( 11N. the I tanstt ilidae> .1 t; l.11i.Il : i' 'Lt `:_i_3€_ .1_S c_ s'i17,1 1 1 1.1flJ it' -pro PI N'.c::astir and 12,71 ,117,Lti .. , Section 12 Item number 7 9-4 of the subsection entitled "Additional Programs" of Chapter 7 of the Housing Element of the City of Redlands General Plan is hereby deleted m its entirety .tn.1 €4ae._.. ei ftO:t 15.44_ "t.;.a'Ei'1-t�'�rss•r--;rf;i'el'--�_�'.iti,..i.ti�__..�..;.}.._._ '_�.t:.�:t�4�"ri'i'-1t=5tz'--i;'°i'i'�c'---'�'i€:'r}-=}::3-4-=�-�''�t-:i,:_'?'}'`:'iL'4=--':�-'�-}'}'1'l.`'1'.c+'€--i.t"}:..I, 7 C S "S-l.l�• r d.-:... 4� i..t. __9.:1t"''—;s�s• �x �.z_ z ? y, _-_l-� t'�-?'i- ��x 6ssz. a-t}z�--�.xlit"+.._.�<t--F:(•�'€ � � l_th3-_t��l': trt3��e:'eC't.C'c3�- -C,c',�- 3' -i�# t?4e45.1--Ied .��c 4�- ._E?'�i'--i }' .1��:-1�.,�I..Y,�.�-��=c�' c'-E'�--~s -d...-t- ._ j3c''1'--',c`crr- 141'1 E- }. t . 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