Loading...
HomeMy WebLinkAbout8241RESOLUTION NO 8241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ACKNOWLEDGING RECEIPT OF A CERTIFIED PETITION TITLED "AN INITIATIVE ORDINANCE OF THE PEOPLE OF REDLANDS AMENDING THE PRINCIPLES OF MANAGED DEVELOPMENT OF THE REDLANDS GENERAL PLAN," AND DETERMINATION FOR SUBMISSION, WITHOUT ALTERATION, OF THE INITIATIVE ORDINANCE TO THE QUALIFIED VOTERS OF THE CITY AT THE CITY'S NOVEMBER 8, 2022 REGULAR MUNICIPAL ELECTION WHEREAS, pursuant to authority provided by statute, a petition has been filed with the City Council of the City of Redlands, signed by more than ten percent (10%) of the number of registered voters of the City, to submit a proposed initiative ordinance titled "An Initiative Ordinance of the People of Redlands Amending The Principles Of Managed Development Of The Redlands General Plan," and WHEREAS, the City Clerk has caused an examination of the records of voter registration, by the Registrar of Voters of the county of San Bernardino, and ascertained that the petition is signed by more than ten percent (10%), and has so certified, and WHEREAS, the City Council has not voted in favor of the adoption of the proposed initiative ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed initiative ordinance to the voters, and WHEREAS, the City Council has not voted in favor of calling a special election to submit the proposed initiative ordinance to the voters, NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows Section 1 That pursuant to the requirements of Elections Code section 9215, this City Council shall submit the proposed initiative ordinance, titled "An Initiative Ordinance of the People of Redlands Amending The Principles Of Managed Development Of The Redlands General Plan," without alteration, to the voters pursuant to subdivision (b) of Elections Code section 1405 Section 2. That the City Council of the City of Redlands recognizes that additional costs will be incurred by the County by reason of this Municipal Election and agrees to reimburse the County for any such costs. Section 3. 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 1 L\Resolutions\Res 8200-8299\8241 Revised Submission of Measure Election Nov 2022,docx ADOPTED, SIGNED AND APPROVED this 3rd day of August, 2021 Paul T Barich, Mayor ATTEST e Donaldson, City Clerk 2 I \Resolutions\Res 8200 8299\8241 Revised Submission of Measure Election Nov 2022 docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 3rd day of August, 2021 AYES Councilmembers Foster, Tejeda, Davis, Guzman -Lowry, Mayor Banch NOES None ABSENT None ABSTAINED None ie Donaldson, City Clerk 3 I \Resolutions\Res 8200-8299\8241 Revised Submission of Measure Election Nov 2022 docx EXHIBIT A Initiative Ordinance 4 I.\Resolutions\Res 8200-8299\8241 Revised Submission of Measure Election Nov 2022.docx August 4, 2021 Board of Supervisors County of San Bernardino County Civic Building 385 North Arrowhead Avenue San Bernardino, California 92401 RE MUNICIPAL ELECTION In accordance with Section 3 of this resolution, enclosed is a certified copy of Resolution No 8241, a resolution of the City Council of the City of Redlands, California, ordering the submission of an ordinance to the qualified voters of the City of Redlands proposing to amend the principles of managed development of the Redlands General Plan and requesting the Board of Supervisors of the County of San Bernardino authorize the Registrar of Voters to provide the necessary services pertaining to the Municipal Election to be held on Tuesday, November 8, 2022 Thank you in advance for your consideration. Sincerely, Jeanne Donaldson City Clerk JD:ms Enclosure ?cc Registrar of Voters 5 I.\Resolutions\Res 8200-8299\8241 Revised Submission of Measure Election Nov 2022.docx INITIATIVE ORDINANCE SUBMITTED BY TFIE PEOPLE OF REDLANDS AMENDING SECTIONS 1.A.0, 4.2B AND 4.40s PRINCIPLES OF MANAGED GROWTH OF THE CITY OF REDLANDS GENERAL PLAN 2035 WHEREAS, more than 40 years ago, in 1978, the voters of the City of Redlands approved Proposition "R," which established an ordinance enacting certain standards and procedures relating to managing growth within the City of Redlands; and WHEREAS, more than 30 years ago, in 1987, the voters of the City of Redlands approved Measure "N," which in relevant part enacted an ordnance which amended Proposition "R" to enhance the limitations established by Measure R and establish additional development standards within the City; and WHEREAS, Measures R and N have been codified In the City of Redlands Municipal Code as Title 19, Growth Management; and WHEREAS, in 1997 the voters of the City of Redlands approved the General Plan amendment commonly known as Measure "U" to assure consistency between the General Plan and growth management limitations and standards established by Measure R and N; and WHEREAS, the provisions of Measure U have been fully incorporated in the City's current General Plan 2035 in its current form which was enacted en December 5, 2017 ("General Plan 2035); and WHEREAS, in order to assure that future development within the City of Redlands occurs in a way that is consistent with the established values and standards enacted by the people of Redlands that promote the social and economic well-being of the entire community, it is necessary to amend certain provisions of General Plan 2035 to: a. Reduce costly urban sprawl and minimize future tax and utility rate Increases while preventing the overcrowding of public school facilities, over -burdening public services such as police and fire, while providing adequate traffic circulation. b. Preserve, protect and promote agricultural and open space uses c, Preserve the vitality and character of historic and older neighborhoods d. Preserve the vitality and character of the Historic Downtown Packinghouse District as the primary source of City sales, business license and property tax revenues. e. Ensure that sufficient developable land exists within the current City boundaries to meet projected housing needs, including housing for low and moderate Income families, the handicapped and the elderly, while still preserving the City's quality of life. NOW, THEREFORE, THE PEOPLE OF THE CITY OF REDLANDS DO ORDAIN AS FOLLOWS; SECTION 1. GENERAL PLAN AMENDMENTS -The following provisions of the City's General Plan 2035, Sectfons1A0, 1A.30, 4.28 and 4,40s are hereby amended to read in their entirety as follows (deletions are shown by str-lkeeut and additions are undel;i edl: a. AMENDMENT OF GENERAL PLAN 2035 SECTION 1.A.0 PRINCIPLES OF MANAGED DEVELOPMENT 1, 1A.10 PRINCIPLE ONE The cost of infrastructure required to mitigate the effects of development shall be paid by that new development. (a) Development fee policy. In accord with the provisions of California Government Code Sections 66000 et. Seq., all development projects as defined therein shall be required to pay the development fees to cover 100% of their pro rata share of the cost of any public Infrastructure, facilities and services, Including without limitation police and fire services, necessitated as a result of such development. The City Council shall set and determine development fees sufficient to cover 100% of the estimated cost of such public Infrastructure, facilities and services based on appropriate cost -benefit analysis as required by the provisions of California law, (b) Socio-i:conomic Cost/benefit Study and Findings Required .. Every development project proposal requiring a General Plan Amendment, Zoning Amendment, Subdivision Map, Specific Plan, Pre -Annexation Agreement for Outside City Utility Connections for non-contiguous properties, or for projects involving structures larger than 5000 square feat, Conditional Use Permit approval, shall submit a socioeconomic analysis and cost/benefit study, which shall also be included in all environmental documents submitted to the extent permitted by law, Identifying the source of funding for necessary public Infrastructure and reflecting the effect of such development on the City, es part of the application process, The City Council shall publish notice of and hold at least one public hearing at which the public may appear and be heard to consider the socio-economic cost/benefit study. Approval of the development project shall only occur if the socio-economic study finds and determines to the satisfaction of the City Council that the development project 1) will not create unmitigated physical blight within the City or overburden public services, Including without limitation the sufficiency of police and fire protection, and 2) the benefit of the development protect to the City that may result. The City Council may, however, approve a development project for which the socio-economic study falls to make the required findings or determinations if the City Council finds and determines upon a 4/5 vote of Its total authorized membership that the benefits to the City from the development protect outweigh the negative socio-economic effects that may result 1) For projects with a residential eolo nt the Cost portion of the Cost/BenefitSterly for thatcgrnponent Abg be determined by dividing the city General Fund Expenditure Budget bV thegty Population{ and multiplying that quotient by the protected eppuieetjon of the prolect. (c) Impacts of New Development on Public Schools Shall Be Mitigated, -A mandatory component of the socio-economic cost/benefit studies shall bean analysis of the effect of the proposed development on public schools facilities and resources, and shall include proposed measures to mitigate any Identified adverse Impacts on school facilities to the greatest extent permitted under California law. 2. "1.A.30 PRINCIPLE THREE - Land use classifications set forth in the Redlands General Plan provide for an appropriate range of densities for residential development and intensity of commercial and industrial development In the City of Redlands. (a) Number of Land Use Classifications and Density Standards Shall Not Be Increased The density standards set forth in Paragraph 4.40 Residential Land Use Classifications, of Section 4.0 Land Use Element, of the Redlands General Plan shall not be increased, and no new residential land use except for the Transit -yfin,Q Qyeriay.Zone shall be added without a vote of the people. (b) Prohibition of Transfers of Density W In order to assure that development occurs In a rational way, no transfer of residential development rights from lands other than those designated for single family residential shall be permitted, and then such transfers of single family residential density shall only be permitted to create or preserve agricultural open spare, school or park uses. jc 1 13ei dings in the Downlewn Transit Village and the University of Redlands Transit Village shall be limited to three ($) stories and a height of forty (401 feet from ground level to thelfjtjgj of point visible from the fronting street. (d), jai in,te Ale,parpp street, California Street and New York Street Transit. Villagesehglthe limited to fey (4Lstories end fifty two (52) feet inheight as measured form theg_round level to their highest noint as viewed from the freotjnn street e) (alp bending more thanker) storms In height shell pgperrnitted adiacentto or eoptisuou , vw, th a single family dwelling absent written agreement of the dwelling owner(s) an file with the Cjty, (f 1 In r iyjti-story..structures with a residential living compo in th f v ' I s parking for two and mere bedroom units shall be two coveted parking me.% and for one bedroom end studio units one covered space, Every five units shaIIJ .v_e ongguest park rlspace. { gl Non-resldentlei hotels are permitted end on be developed anywhere I_rj tefive Transit Villages, height and size determined by the City Council and areme n t from 1.A,$0 Lc) and (d). " b, AMENDMENT OF GENERAL PLAN 2035 SECTION 4,40s "No land undeveloped as of March 1,1997 and designated 1n whale or in part as "Urban Reserve" or "Urban Reserve (Agriculture)" in the Redlands general plan In effect as of June 1, 1987 and/or any land parcel that was in active agricultural production on November 3, 1986 regardless of zoning shall be re -designated or rezoned to permit residential density greater the Estate Residential (R-E) classification as the same existed on June 1, 1987 In the Redlands City Zoning Ordnance unless the following mandatory findings are made by four-fifthe-{4/64 five fifths (5J5) vote of the total authorized membership of the City Council, -Sand -designated -by -the -General -Plan Reserve-as-ef-June-1, 1,9s7-shalt net-exeeed dens(ty-greatee-than- ermitted•by-the-R-E-zone-designation-ur►less-etherwisesppreved-by-a-4/s vote-of-the-GIty-CeuneIIr 1, There are substantial and overriding economic and social benefits to the City and its residents and taxpayers from the proposed density increase. 2 The proposed density Increase will not cause adverse environmental impacts, either Individually or cumulatively, directly or indirectly. 3. The proposed density increase will not covert viable agricultural land to non-agricultural uses. 4. The proposed density Increase will not have a growth inducing effect on other property. 5. The resulting use will be compatible with uses on adjacent land. 6. The proposed density Increase will not require substantial expansion of public Infrastructure, facilities or services," b. AMENDMENT OF GENERAL PLAN 2035 SECTION 4,28 PRINCIPLES OF MANAGED DEVELOPMENT' B. EXEMPTIONS 1. Vested projects. This initiative measure shall not apply to or affect any property on which a vested right has been legally perfected and acquired prior to the Effective Date pursuant to state law. 2. Special Categories of Development. The provisions of this Initiative measure shall not apply to the following: A. New infili construction of single family homes on Tots of record bounded by developed property as of March I, 2020: B. Rehabilitation, remodeling or additions to existing single family residential structures; C. Reconstruction or replacement of any uses to the same density, intensity and classification of use as existed on the Effective Date, including nonconforming uses; DT Development-directly-related-to-the-prepesed-Metrelkak-statiens-ke-the-Cagy-ef-Redlands,dneludang-ene t-the-IJniver-city-ef Redlands). E, Wew-develepneent-prejeats-sublest-toDowntewe-Spesifie-Plan s ttpen,a•fear-fifths{416ths)-voteef-the-total-autherdaed membership-e€the-Elty-Ceuneht FPPD, Special, temporary or occasional uses of public streets including parades local sporting and cultural events, graduation ceremonies, approved school activities and other occasional public gatherings.' SECTION 2. DEFINITIONS a. "Effective Date" shall mean the date on which this Initiative measure was adopted by the City Council of the City of Redlands or on the date on which it was passed by the voters at the polls, whichever comes first. b. Dwelling and "dwelling units" shall be defined as any single family residence, apartment or dwelling unit In a multi• unit structure, or mobile home. SECTION 3. EXEMPTIONS FOR CERTAIN PROJECTS A. This measure shall apply to all properties and protects covered by Its terms, except It shall not apply to any development protect which hes obtained a vested right as of the effective date of this measure. For purposes of this measure a vested right shall have been obtained only and If each and all of the following criteria are met: 1. The proposed protect has received a building permit or its final discretionary approval. 2 Substantial expenditures have been Incurred In good faith reliance on the permit or final discretionary approval. 3. Substantial construction has been performed in good faith reliance on the permit or final discretionary approval. B. The substantiality of expenditures incurred and of construction performed and the question of whether or not such expenditures and construction were in good faith are questions of fact to be determined on a case by case basis by the city council following application by the developer and notice of a public hearing. Actions taken by the developer to speed up or expedite a development project with knowledge of the pendency of this measure shall not be deemed In good faith and shall not qualify for vested rights. Phased projects shall be considered for exemption on a phase by phase basis to the extent permitted by California law. For purposes of section 19.04.060 of this chapter, with regard to water and sewer connections outside the city, an applicant shall qualify for a vested right only if the foregoing criteria are met after the applicant has obtained a sewer and water, commitment, or both If both are required, from the city ( 4 of Measure N, passed by voters 11-3-1987. 17 of Proposition R, passed by voters 11-7-1978) C, This initiative measure Is not intended, and shall not be applied or construed to authorize the City to exercise its powers in a manner which will take private property for public use without payment of just compensation, but shall be interpreted, applied and implemented so as to accomplish its purposes to the maximum constitutionally permissible extent without requiring payment of compensation. D. If application of this initiative moasure to a specific property of record es of the Effective Date would create a taking then the City Council may, upon application by the landowner, allow additional density or uses on such property, upon findings that the level of additional development permitted Is the minimum necessary to avoid a taking, and no lesser level of development would be sufficient to avoid a taking. SECTION 4. $EVERABILIT( A. In interpreting this initiative measure or resolving ambiguity thereof, the City Council and all other city entities charged with implementing or enforcing this initiative measure or any part of it, as well as any reviewing court, shall interpret this initiative measure in the manner which most vigorously and effectively accomplishes Its purposes and operative provisions. D. if any portion of this Initiative measure is hereafter determined to be invalid by a court of competent Jurisdiction, all remaining portions of this initiative measure shall remain In full force and effect, Each section, suhsection, sentence, phrase, part or portion of this initiative measure would have been adopted and passed Irrespective of the fact that any one or more sections, subsections, sentences, phrases, parts or portions be declared Invalid or unconstitutional. SECTION S. AMENDMENT AND REPEAL This Initiative measure and all of its provisions may be amended or repealed only by a majority vote of the electorate.