HomeMy WebLinkAboutOrdinances_2414_CCv0001.pdf ORDINANCE NO. 2414
AN INITIATIVE ORDINANCE OF 'Bills PEOPLE OFTEIE CITY OF REDLANDS A-MENDINGTHE
f-ANI-) USE, CIRCULATION AND HEALTH AND SAFETY ELEMENTS OF THE REDL ANDS
GENERAL PLAN TO ESTABLISRA NEW RESIDENTIAL LAND UJSE1 CLASSIFICATION AND
CHANGE, DENSITY STANDARDS INTHE SANTIT IOTEO CANYON AND LIVE OAK CANYON
AREAS, AND ESTABLISH GRADING LIMITATIONS INTHOSE AREAS
Section 1. The first paragraph of Section 4.30 of the t.and Use Element of the Redlands General
Plan is hereby amended to read as follows:
„4.30 Land Use Classifications
"The General Plan Diagram, GP Figure 4.1, depicts 17 categories of land use: rural living; very
low density; low density. low medium density; medium density; high density: office-- con-imercial;
cornniercial/industrial-, light industrial, publichustitutional: parks/golf courses: agriculture-, flood
control/construction aggregates/conserN,,atioii/liabitat preservation-, resource preservation; resource
preservation (RL density); and resource conservation, A Housing Conservation Overlay is also used.
All land within the planning area as been mapped to reflect the proposed use of]and when the City is
built out or fully developed."
Section 2, Section 4.40 of the Land use Element of the Redlands General Plan is hereby
amended by the addition of a new Section 4,40y relating to the "Rural Living," "Resource Preservation,"
and "Resource Preservation (RI,Density)" classifications, which shall read as follows:
"4,40y Lands designated Rural Living, as defined in Section 4.40 of the Redlands General Plan
Map (Figure 4.1) as it exists on the effective date of the ordinance establishing this Section, and those
lands designated Resource Preservation and Resource Preservation (RL Density) on the effective date of
the ordinance establishing this Section shall not be re-designated or re-zoned to a land use designation or
zone permitting a residential density greater than that permitted in the Rural Living, Resource
Preservation and Resource Preservation (RL Density), respectively, except by a unamillous vote of the
total authorized membership of the City Council or by a four-fifths vote of the total authorized
membership of the City Council,upon the following findings:
I There are substantial and overriding economic or social benefits to the City and its
residents and taxpayers resulting from the proposed new land use designation or zone.
1 The proposed new land use designation or zone will not cause adverse environmental
impacts, either individually or cumulatively,directly or indirectly.
-1. The proposed new land use designation or zone will not convert viable agricultural land to
non-agricultural uses,
4, The proposed new laud use designation or zone will not have a growth-induc ing effeet on
other property,
5, The proposed new land use designation or zone will be compatible with uses existing on
adjacent lands.
6, The proposed new land use designation or zone will not require substantial expansion of
public infrastructure, facilities or sen,,ices."
Section 3. Sectimi 4,96 of the I.,and Use Element of the Redlands General Mon is hereby
amended to add a new land use classification to read as follows-
"4.96 Resource Preservation
Resource Preservation. The Resource Preservation designation limits uses in areas which
possess a unique character and fragile ecology which are prime resources for water conservation, wildlife
preservation, open space recreation and agriculture, Preservation of such lands is essential to the health,
safety and welfare of the community. Limited permitted uses include remote commercial recreational
facilities, such as equestrian facilities, as envisioned in Section 4.64; postal offices, public safety
facilities, educational facilities and public utilities as envisioned in Section 4.94, and open space uses
described in Section 4.95. Residential uses are permitted but density shall be limited to that allowed by
Section 4.42m to protect the character and ecology of'such lands.
"Resource Preservation (RL Density). The Resource Preservation (RL Density) category
designates up to .4 units per gross acre (I unit per 2.5 gross acres) on slopes 0 to 15 percent and 2 units
per gross acre (I unit per 5 gross acres) on slopes greater than 15 percent. The intent of this land use
category is to preserve the City's water supply, reduce storm runoff, reduce traffic and its impacts on
residential neighborhoods, reduce impacts on schools and safety services, as well as protect wildlife,
open space andthe rural character of canyon areas within the City. Uses permitted are The same as are
permitted in the Resource Preservation category, Consistent with the goals and policies of this General
Plan, Planned Residential Developments shall be encouraged in the Resource Preservation (K[, Density)
category as stated in Section 4,41a of this General Plan."
Section 4. Section 5,32 of the Circulation Element of the Redlands General Plan relating to
"Collector and Local Streets" is hereby amended by the addition of paragraph 5.32k which shall read, as
to I I o-,,,,,s:
"5.32k Except for those streets androads shown in tentative subdivision maps approved as of the
effective date of the ordinance establishing this Section, new streets and roads constructed in the
Resource Preservation (RL Density) and Rural Living land use designations after the effective data of
this Section shall be designed and built to rural standards. Sidewalks and streets lights may be permitted
but shall not be required unless needed to alleviate:a condition dangerous to the public health, safety or
welfare, Curbs and gutters may be permitted but shall be required only as needed for the control of
drainage."
Section : Protection cfNar.turaal S
jQIVs. Section 8.55 is hereby added to the Health and Safety
Element of the Redlands General Plan to read as follows:
"Section 8.55 Grading. The following grading standards shall apply to lands designated
Resource Preservation and Resource Preservation (RL Density). Planning Sectors T. 2 and 10 of the
Southeast Area shall be exempt from these standards.
A, The site shall retain the natural contours and the existing drainage pattern to the greatest
extent possible, thereby minimizing grading. The site ,;hall be graded so as not to impose any adverse
drainage impacts on adjoining properties,nor adverse visual impacts on the neighborhood.
B, A building's foundation shall conform to the natural grade of the site. Cuts may be allowed
so long as the surrounding natural grade, is retained. Additional grading may be allowed, when necessary
to facilitate the existing cross lot drainage pattern.
CThe slope-open space relationship below is to be used to determine open space requirements
for development projects based on the slope of the land. One column defines the percentages of slope
Ordinwice No. 2414 2
within a project that are to be categorized. The other column indicates the proportion of each slope
category that must be left as natural open space.
The slope-open space relationship oil the following table ;hall be used to determine the ratio, of
natural open space that must be preserved within a project. Natural open space is those lands covered in
mostpart by native vegetation.
Nothing in this section shall prohibit revegetation of portions of slopes in accordance with fire
department PERFUMAA requirements. Case by case exceptions to the slope-open space relationship
may be made by a four-fifths vote of the total authorized iricrobership of the City Council when
alternative open space uses (e.g. plantings) are determined to be in the public interest and further the
alms of this Section.
Slope Category f i> Mininium% of Open Space
Left Natural
0 - 10 0
> 10 - 15 50
> t5 -20 60
> 20 - 25 70
>25 - 30 80
>30-40 90
>40 100
Se!ation 6. The second paragraph on Page 25 in Section 4.0 of the Land Use Element of the
Redlands General Plan is hereby anlended to read as follows:
"Residential Land Uses: With, the exception of the area shown as Resource Preservation (RL
Density) on General Plan Figure 4.5,the density figures within the planning areas are: I unit per acre on
slopes 0 to 15%; 1 unit per 2,5 acres for slopes 15 to 30% and I unit per 10 to 5 acres for slopes over
30%, Within the Resource Preservation (.RL Density) classification, the density :figures are: I unit per
2.5 acres on slopes up to 15% and I unit per 5 acres on slopes greater than 1.5%."
Section 7. Section 4,42in of the Land Use Element of the Redlands General Plan is hereby
amended to read as follows,
"4.42m With the exception of that area shown as Resource Preservation (RI.,Density)on General
Plan Figure 4.5, density within the Southeast Area Plan shall be as follows.
Stone Acres,"Dwelling Unit
0 to 15% 1.0 Acre
> 15 to 30% 2.5 Acres
>
3O'°/(' MO to 5.0 Acres"
Section S. Section 4.41j of the Land Use Element of the Redlands General plan is hereby
amended to read as follows:
"4A Ij Those Resource Preservation and Resource Preservation (RL Density) lands encompassed
within the area identified on Figure 4.5 are subjJect, to the residential density limitations set forth in
Section 4,42ni.
Ordinance No, 2414 3
Section 9. Exhibit N. Southeast Area Plan Statistical Summary, including the italicized
introduction, which is part of Section 4.42m of the Land U'se Element of the Redlands General Plan, is
hereby deleted in its entirety.
et tion 10. General Plan Figure 4.5 is hereby amended to re-designate those certain properties
presently designated "Resource Preservation" to "Resource Preservation (RL Density)" and
"Commercial" in accordance with the map attached hereto as Exhibit "1."
Section 11. All General Plan Figures, Tables and Maps are hereby amended to be consistent
with the provisions of this ordinance, and such amendments shall be made by the City and incorporated
into the General Plan as soon as legally practical to maintain the internal consistency of the General Plan,
Section 12. No Unconstitutional Taking;
AY This initiative measure is not intended, and shall not be applied to construed to authorize the
City to exercise its poNvcrs in a manner which will take private property for public use without the
payment of just compensation, but shall be interpreted. applied and implemented so as to accomplish its
purposes to the rnaxirnurn constitutionally permissible extent without requiring payment of
compensation.
B. If application of this initiative measure to a specific property of record as of its effective date
would create a taking, then the City Council may, upon application by the landovvner, allow additional
density or uses on such property, upon findings that the level of additional development permitted is the
minimunt necessary to avoid a taking, and no lesser level of development would be sufficient to avoid a
taking.
Section].3. Severabitity
A. In interpreting this initiative measure or resolving any ambiguity thereof, the City Council
land 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.
B. if any portion of this initiative measure is hereafter determined to be invalid by court of
competent jurisdiction, all remaining portions of this initiative measure shall remain it) full force and
effect, Each section, subsection, 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 declare invalid or unconstitutional.
Section 14, AunendrnentAgd Repeal
This initiative measure and all of its provisions may be amended or repealed only by a majority
vote of the clectorate
Ordinance No. 2414 4
ORDINANCE NO. 2414
Initiative Measure to be Submitted Directly
to Voters
The City Attorney Has Prepared the Following Title and Summary
Of the Chief Purpose and Points of the Proposed Measure:
IMPARTIAL ANALYSIS
AN INITIATIVE ORDINANCE OF THE PEOPLE O REDLANDS AMENDING THE
LAND USE, CIRCULATION AND HEALTH AND SAFETY ELEMENTS OF THE
REDLANDS GENERAL PLAN TO ESTABLISH A NEW RESIDENTIAL LAND USE
CLASSIFICATION AND CHANGE DENSITY STANDARDS IN THE SAN TIIVIOTEO
CANYON AND LIVE OAK CANYON AREAS, AND ESTABLISH GRADING
LIMITATIONS IN THOSE AREAS
State lav has called a city's General Plan the "constitution for all future developments." The
Redlands General Plan is a long terns, comprehensive plan for the physical development of
Redlands and consists of a statement of development policies, standards and goals. The
proposed initiative measure would azraend the Land Use, Circulation and Health and Safety
Elements of the Redlands General Plan, A. summary of'the amendments is as follows
The Land Use Element is amended to
• Establish a new land use designation entitled"Resource Preservation (RL)"and
• Identify density" limitations for that designation based upon slope criteria.
• Chane certain property now designated "Rural Living" and located in the southerly area of
Redlands, to the "Resource.. Preservation RL Density)" designation (as shown oil a map
attached to the initiative ordinance),
• Prohibit the newly designated "Resource Preservation (ISL Dens]tyr)properties," and existing
"Resource Preservation" and "Rural Living" properties, from being redesicynated or rezoned
to permit higher density° development except upon supra-majority vote of the City Council,
with specified findings.
• Design new streets and roads proposed to be constructed for properties located in the
"Resource Preservation (RL Density)" and "Rural Living" desi ,nations to rural standards.
s Delete a statistical summiry of densities and land use classifications for properties located in
the Southeast Area ofRedlands.
The Circulation Element is amended to
Litint the installation of sidewalks, street lights an(] curb and gutters for properties its the
"Rural Living" and "Resource Preservation (RL Density)" designations except as necessary
to protect the public safety.
The health and Safety Element is amended to:
• Restrict the grading of certain properties located in the "Resource Preservation (lel:, Density)"
and "Resource Preservation" areas to retain natural drainage patterns, protect visual impacts
on neighborhoods, and retain existing land contours
• Ensure that building foundations constructed on properties in the "Resource Preservation'
and "Resource Preservation (RL Density)"ity)" designations conform to the natural grade of the
site.
• Establish slope-open space relationships and grading limitations for properties its the
"Resource Preservation" and "Resource Preservation (RL Density)" land use designations..
No fiscal analysis of the effects of he amendments has been performed by the City State lam
provides that, if approved, the amendments may not be changed except upon subsequent
approval by the voters of Redlands.
ARGUMENTS IN SUPPORT OR OPPOSITION
OF THE PROPOSED LAWS
ARE THE OPINION OF THE AUTHORS
ORDINANCE NO. 2414
ARGUMENTFOR
Twenty= years of managed growth -- the direct result of citizen initiative measures s like this on -
has proven that growth management works, Today, Redlands is the most prosperous city in the
region. Despite a more than tear percent Increase in city staff, we have a balanced budget without
reduction in services_-without a utility tai.
The appeal of Redlands as a place to live has sustained residential property values while property'
values collapsed in other cities. We remain a city rich in cultural amenities and have made great`
strides toward preserving our citrus heritage and the rural character of our canyons. We have
retained the finest school district lir the valley: Interest in commercial growth has never been
Greater.
The State of California projects a doubling of the population of our region in less than twenty
years. Traffic is projected to more than double. Now is the time to put development standards in
place to keep Redlands a free standing city,
This rr-rea ur-e will:
• Eliminate the creed for arc additional elementary school
• Reduce traffic through the City by thousands of trips each clay
• Prevent dilution of safety, and emergency services
• Eliminate costly sprawl
• Provide a buffer- between Redlands and the planned massive development of adjoining
Riverside County land
• Reduce demand on limited water resources
• Preserve our:water quality
• Retain rural characteristics for benefit of all
• Preserve natural environment ... hiring and equestrian trails, wildlife habitat
Redlands was blessed by the foresight and energy of its founders. It Inas remained a city of
quality because of the continued participation of its citizens in planning its future. This measure
is yet another opportunity for its citizens to ensure that Redlands will rt:.rrrain the best place in
which to live, work and raise our families.
VOTE "YES" ON MEASURE
Geni A, S. Banda
John Freedman
William Cunningharn
REBUTTAL TO ARGUNIENTFOR ORDINANCE NO. 2414
Make no mistake, This is purely special interest legislation, intended to benefit very few, It also
affects very few property owners' but the impact upon tliem is sikiiijicant. This measure would
allow a vote of the people to take away the value of individuals' personal property.
We have a representative government to avoid the tyranny of mob rule. The initiative process
was established in this state to reverse grievous,wrongs perpetrated by a representative
government gone awry. Here we have the government using the initiative process to further
special interests. This is certainly a warped and twisted situation..
The argurnents of the proponents are FALSE. There are no threats to our quality of life,which
can be removed by this special interest legislation. This initiative is an attempt to prevent the
future construction of approximately 400 homes over an area of 6000 acres. The measure reneges
on previous city promises to landowriers, in the canyon. It is bad land use planning,bypassing
proper environmental reviews, As previously stated, it affects few, but the impacts are severe.
Do not be fooled by the hysterical claims of the proponents. Vote to protect personal property
rights. VOTE NO,
Bruce D. Varner
Allen Dangermond
ORDINANCE NO. 2414
ARGUMENT AGAINST
The sponsors of this initiative are again trying to scare you into believing that:
• San Timoteo and Live Oak Canyons are threatened by massive development projects;
• Over 5,000 ponies may be built in the canyons,
• Significant habitat loss will occur;
• Water recharge will be reduced, and
• Hordes of cars will clog the streets of southeast Redlands,
None of these claims is true. The truth is that under the current plan already locked in place by
Measure U, only 1,000 very low-density housing units could be built on the 6000 acres in the
canyons.
This badly prepared ordinance unnecessarily changes land use in an arbitrary manner with no
basis in good planning and without environmental analysis. This measure was purposely rushed
to the ballot in order to establish a campaign issue. This is not good leadership, good planning,
nor good governance. Please vote NO on Ordinance 2414. Tell those responsible for this
measure, which is bad public policy, that Redlands deserves good planning not political agendas
to guide its future.
Bruce D. Varner
A. Allen Dangerniond
REBU'r]FAL TO ARGUMENT AGAINST ORDINANCE NO. 2414
Careful analysis shows that 1,500 houses could be built in the canyons under Current
zoning.
'rhe impacts:
• 15,000 additional auto trips daily On Our streets
1,000 additional children will need a school at a cost of millions or cause fin-ther
crowding
• Additional police and fire facilities will be required
• Storm waters will run off roofs and pavement rather than recharging our aquifer by
percolation
Studies have shown housing at this density destroys habitat for deer and other wildlife,
blocks trails and limits recreation,
With passage of this measure we will guarantee that the canyons will develop in a
mariner consistent with our heritage.
The new density matches that chosen by the citrus growers in the Crafton area,
With matching rural development to the west, south and east, and the river to the north,
Redlands will retain its unique character and setting.
This measure significantly reduces additional traffic, limits strains on our schools and
safety services, preserves our heritage and environment, protects our water supply and
makes good economic sense.
We need only look at Reche Canyon to see what higher density developrilent can do.
This is Our one change to guarantee that fate will not happen to Redlands.
Geni A. S. Banda
John L. Freedman
William E. Cunningham