Loading...
HomeMy WebLinkAboutOrdinances_2031_CCv0001.pdf ORDINANCE NO. 2031 AN ORDINANCE OF THE CITY OF REDLANDS ADOPTING GUIDELINES TO IMPLEMENT AND INTERPRET CITY GROWTH MODERATION INITIATIVES WHEREAS , in 1978 the voters of the City of Redlands approved an initiative ordinance to moderate the rate of growth within the City ( Proposition "R" ) ; and WHEREAS , in 1987 the voters of the City of Redlands approved another initiative ordinance to moderate further the rate of growth within the City to, preserve the city' s unique environment and character (Measure "N" ) ; and WHEREAS, Section 16 of Measure "N" allows this City Council to adopt guidelines to implement and interpret both initiatives following public notice and public hearing thereon, provided that any such guidelines must be consistent with both growth moderation initiatives and must be approved by at least four members of this Council ; and WHEREAS, this Council believes that , based upon the provisions of Proposition "R" and Measure "N" and the political discussions surrounding both measures , that the citizens of the City of Redlands expect this Council to do its best to limit further residential growth within the City to as near the limit of 400 dweling units per year as possible; and WHEREAS, if that limit is exceeded in any calendar year , our citizens expect that it be so exceeded only because of projects which have attained vested rights status pursuant to California law or Section 17 of Measure "N" ; and WHEREAS, these vested rights projects are entitled to build as planned unfettered by Measure "N" , but they still must be consistent with Proposition "R" and with other local land use laws and regulations ; and WHEREAS, these vested rights projects need not and should not be allowed to maintain this preferred status forever , but should have a limit placed (preferably by contract ) upon their right to build so that within the foreseeable future new projects will be able to be approved and constructed within the City taking full advantage of the building entitlements contained in our existing land use growth moderation initiatives ; and WHEREAS, if the life to be allotted to these vested rights projects cannot be handled fairly by individually negotiated contracts between the City and their developers , this Council will then consider other means of limiting the life of such projects to allow new projects also to be approved and constructed within the foreseeable future ; THE CITY COUNCIL OF THE CITY OF REDLANDS does ordain as follows : SECTION ONE: Chapter 19 . 24 is added to the Growth Management Title of the Redlands Municipal Code to read as follows : CHAPTER 19 . 24 VESTED RIGHTS PROJECTS UNDER MEASURE "N" Sections : 19 . 24 . 010 Exemption of vested rights projects from restrictions of Measure "N" . 19 . 24 . 020 Yearly limit on building permits . 19 . 24 . 030 Interim allocation of building permits . 19 . 24 . 040 Standard agreement with vested rights projects . -2- 19 . 24 . 010 Exemption of vested rights projects from restrictions of Measure "N" . Section 17 of Measure "N" as adopted by the voters in 1987 states that the measure shall not apply to any development project which has obtained a vested right to develop as of the effective date of the initiative, (December 11, 1987 ) . This is hereby construed by the City Council to mean that projects found by the City Council after public hearing to have obtained vested rights by December, 11 , 1987 , are exempt from the revised competitive evaluation, the reduced yearly limits , and all other new requirements imposed by Measure "N" . These vested rights projects remain subject to the provisions of Proposition "R" and all other land use laws and regulations in effect in the City at the time of their various required approvals . 19 . 24 . 020 Yearly limit on building permits . This Council hereby finds that based on the expressed will of the citizenry as set forth in Measure "N" in 1987 , it is in the best interests of the City of Redlands that new dwelling units be limited to as near 400 per year as possible . City staff is hereby instructed to take all reasonably necessary steps to carry out this dwelling unit limit . 19 . 24 . 030 Interim allocation of building permits . In order to assure full use of vested rights under Measure "N" and California law, building permits should be available when projects deemed by this City Council to be vested -3- are otherwise legally ready to obtain them. However , it is not appropriate to hold up all other development projects in case those vested projects might come forward and use up the full 400 building permits available under Measure "N" in any given calendar year . This Council finds that some minimal number of building permits should be made periodically available for qualified but non-vested development projects to assure a continuous supply of housing for our citizens and to protect the reasonable development expectations of landowners filing for land use approvals and entitlements within the City. Therefore, on an interim basis , a number of building permits per month to be set by Council resolution pursuant to this section shall be made available to otherwise qualified but non-vested projects . This number may be changed or deleted entirely by subsequent Council resolution if the pace of development so requires , or if the 400 unit yearly cap imposed by Measure "N" shows danger of being exceeded or is actually exceeded by- a combination of vested and non-vested projects . 19 . 24 . 040 Standard agreement with vested rights projects . During this interim period the City Attorney is instructed to develop a standard agreement and begin negotiating with those projects deemed by this Council to have vested rights to determine the rate and number of building permits needed by those projects . Once the total need and pace is known . this Council shall reexamine the monthly limits it has set by resolution and revise those units as required to meet insofar as is possible the yearly limit of 400 new dwelling units within the City. -4- SECTION TWO: This ordinance shall be in force and take effect as provided by law. SECTION THREE: The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Redlands Daily Facts , a newspaper of general circulation printed and published in this City. Mayor of the City of Redlands ATTEST: Ci _y Clierk -5- It Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 3rd day of May, 1988, by the following vote: AYES: Councilmembers Wormser, DeMirjyn, Johnson, Cunningham; Mayor Beswick NOES: None ABSENT* None ABSTAIN: None A City Cjerk , CiRedlands