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ORDINANCE NO. 1680
AN ORDINANCE OF THE CITY OF REL SIDE IMPLEMENTING THE INITIATIVE
ORDINANCE TO MODERATE RESIDENTIAL GROWTH ADOPTED BY THE PEOPLE OF
REDLANDS WHEREUNDER 4501 DWELLING UNITS ARE TO BE CONSTRUCTED
ANNUALLY WITHIN THE CITY; DEFINING CERTAIN TERMS; ESTABLISHING A
POINT RATING SYSTEM; BETTING FORTH OTHER EVALUATION GUIDELINES AND
PROCEDURES IN RELATION 'T'HERETO: AND PASSED As AN URGENCY ORDINANCE
E R E A S, between the Fears of 1970 and 1976 inclusive, an
average of 220 dwelling 'units were constructed annually in Redlands.
The number of permits for residential construction increased to
over 1, 200 units in 1977 and to over 2,400 in the Year 1378., A
number of factors cane together to produce this substantial increase
in growth. These include an increased demand for housing and the
implementation of growth limiting policies or Moratoria for the
issuance of Building Permits on the part of several cities in the;
nearbyarea;
H E R B A S the rapid rate of growth has been found by a
majority of the people of the City of Redlands to have caused
conditions harmful to the public ,health safety and general welfare
and have resulted or will soon result in overcrowding of schools,
deteriorating water duality and sewage treatment ca.pa.city, inade-
quate police and, fire protection, increasing traffic congestion,
inadequate parks and recreation facilities, toss of irreplaceable
agricultural lard, loss of open space, increased air pollution,
deterioration of older urban areas, general urban sprawl,- and
substantial increase in the cost of government services;
H E R E A S the people have declared that the foregoing con-
ditions can: be avoided, or alleviated by the enactment of a program
of residential construction designed to encourage planned residential
growth within existing urban ares and coordinated with necessary
public facilities;
W H E R E A S on November 7, 1978, the voters of the Citi o
Redlands approved an initiative ordinance to Moderate the rate of
growth within the City;
H E R E A S the City was directed in that ordinance; to adopt
a competitive evaluation system within 90 dales from the date of
adoption of the initiative ordinance;
N O W T H E R E F O R E, E E I °T' R E S O L V E D
THAT THE CITY COUNCIL OF THE CITY OF REDLANDS does ordain as
follows
SECTION l<. That the Redlands Ordinance Code be amended by
the addition of Chapter 93, Building Permit Allocation Plan, reading'
as follows:
W
IN
ARTICLE 930
BUILDING PERMIT ALLOCATION PLAN
SECTION I - DEFINITIONS
A. "Allocation" - approval required after` November 21, 1978
as a condition precedent to obtaining a building permit
for a dwelling unit. Each allocation shall be assigned
t , a particular property.
B. "Annual Alloca ion" -- 450 allocations per calendar year
within the city limits with suer or water service to no
more than 150 dwelling units outside the corporate
boundaries in any calendar year.
C. "Applicant" - the owner, developer, or authorized agent
of a particular property who applies for an allocation.
D. "Exempt from Allocation"
1. A development consisting of four or fewer single-
family dwelling units
. The construction of a fourplex or a lesser number
of multiple dwellings on a lot which the owner,
developer, or agent did not create through the
subdivision process.
. The construction of a single-family residence on a
single lot which the owner, developer, or agent did
not create through the subdivision process.
. projects undertaken to meet prior commitment of the
City to provide dwelling units for low-income fami-
lies
arm -lies or persons.:
5. The construction of buildings to be used for
industrial or commercial purposes.
E. "Construction Year" -- ,a. period of twelve months with the
first such twelve-month period commencing January 1, 1979
and subsequent twelve-month periods beginning on the same
date in each succeeding year.
F. "Dwelling" - a single-family residence, an apartment, or
a mobile home.
"
ordinance No. 168
Page two 2/20/79
SECTION I -- DEFINITIONS (Continued)
C. "Development" any plan by a landowner or his authorized
representative to construct or place five or more
dwelling units on a particular parcel of land within a,
particular area of the cite, :Each development needs an
allocationequal to the number of dwelling units planned,
unless expressly exempt.
H "Existing Development" - land containing structures
permitted by right of zone including vacant land having
a ;recorded subdivision or finalized application as
defined in Ordinance No. 1000, as amended
I. "Parcel" the specific area of a property proposed for
an allocation + f dwelling units.
J. "Project" - any plan by. a landowner or his authorized
representative to construct or place five or more
dwelling units on a particular parcel of land that has
been submitted for an allocation of building permits
during any one building permit review period.
SECTIO II - POINT RATING SYSTEM
Each application for a major subdivision residential
development shall be given .a point rating. The following cate-
gories will be used in the Point Rating Systema Each category
is divided into subcategories for rating purposes.
A. PREREQUISITE FOR POINT RATING EVALUATION:
Project must be in full compliance with the Redlands
General Plan and all elements as a prerequisite for
evaluation under the Point Rating System and shall
obtain; minimum numbers of paints as set by resolution-
POINTS
E. CONSISTENCY WITH ZONE CLASSIFICATION Maximum um
ANDSTANDARDS :
1. Project exceeds zoning code
minimum significantly. 1 to
2 Project just meets requirements.
Ordinance No. 1 -
Paige three 2/20/79
u
SECTION 11 - POINT RATING SYSTEM (Continued) POINTS
C. RELATIONSHIP OF PROJECT TO PUBLIC Maximum 60
SERVICE: (Minimum of 35 points
required)
1. Location of Project. up to 10
a. For each 10 of the project l
site that: abuts existing
developments.
b. Project site does not abut
existing development.
2. `are Protection and Emergency up to
Assistance.
a. The project is within the 5
existing four-minute fire
protection response time and
by itself will net: require
any additional stations,
equipment or personnel:.
b. The project is within the
existing six-minute fixe
protection response time and
by itself' will not require
any additional, stations,
equipment or personnel.
c. The project is within an
existing eight-minute fire
protection response time and
by itself will not require
any additional stations
equipment or personnel .
d. The project is located bend --5
an eight-minute response time
or will require by itself an
additional station, equipment
or personnel.
Ordinance No;. 1680
Page four 2/20/79
t 7 Ory
Sk1�3r c, �fi,tv'.
SECTION II - POINT RATING SYSTEM (Continued) POINTS
3., Police protection. up to
a_. one police patrol unit staffed
twenty-four hours per day, plus
4 .7 sworn support personnel and
2. 9 nonsworn support personnel
per 6,000 population is currently
or will, according to the approved.
annual budget and capital improve-
ment program of the Police Depart-
ment, be available at the earliest
date upon which construction begins,
or upon which services are required.
b. One police> patrol unit staffed
twenty--four hours per day, plus
4.3 sworn support personnel an
2. 9 nonsworn support personnel
per 7,000 population is currently
or will, according to the approved
annual budget and capital improve-
ment
rpro ement program of the Police -Depart-
ment, be available at the earliest
date upon which construction begins,
or upon which services are required.
C. One police patrol unit staffed 2
twenty-.four hours per day, plus
sworn support personnel and
2. 8 nonsworn support personnel
per 8,500 population is currently
or will, according to the approved
annual, budget and capital improve-
ment
prove-ment program of the police Depart-
ment, be available at the earliest
date upon which.: construction begins,
or upon which services are required-.
d. Project cannot be served by
existing nor proposed personne --5
and facilities.
y
Ordinance No. 1680
Page five f / g
dll' A
SECTION II= - POINT RATING SYSTEM (Continued) POINTS
4 . Storm and Flood Drainage.. up to 1
1. Paints shall be awarded on the
basis of the storm water drain
index map an file in. the Public
Works Department showing the
four drainage basins within the
City as follows:
a., Project proposed within the 1
San Tim ter Creek drainage
basin.
b Project proposed within 0 to 5
Morey arroyo drainage basin..;
C. Project proposed within the 0 to 1
Santa .dna River drainage
basin-.
d.. Project proposed within the 5 to -10
Mill Creek Zanja drainage
basin,
. Water Distribution p to
a-. Existing water mains and water 5
system meet City standards for
water service and fire protection,
or such improvements are provided
at no City oast., and such improve-
ments will upgrade water services
and fire protection r in the genera:
neighborhood.
b. Where additional water mains or
water systems improvements are
required which will also upgrade
the water service or fire protec-
tion in the general neighborhood
and which will require City parti-
cipation
art -cipation in the coast, but such
City funds do net exceed of
these funds collectible from
plant investment fees from the
proposed development.
Ordinance No. 1680
Page six 2/20/79
SECTION 11 - POINT RATING SYSTEM (Continued)' POINTS
5, Streets_. up to 5
a The project can be served by 5
the existing; street system arid:,
the completion of the project
will not overload any local,.
collector or arterial street
in the immediate area and
further, the project will not
contribute to the need for major
gaff-site public improvements
through City contribution.
b Project can be served by the
existing adjacent street system
as defined above, and if, there
are off--site improvements, they
are relatively minor and the
project will not contribute to
the need for major street
improvements through City con-
tribution.
C. Project will: be served by an l
adjacent street system but the
project will not impactthe
adjacent street system by more
than 1% or will contribute to
the need for major off--site
public improvements through
City contribution.
d. Project cannot be served by -5
existing .street system or will
significantly contribute to
the need for major off-site
public improvements through
City contribution.
7. Sanitary Sewage Collection. up to 5
a Existing surer lines meet City 5
standards and have sufficient
capacity to serve the project
and no City contribution for
over-sizing is required.
ordinance No. 1680
Page seven 2/20/79
Az
SECTION IlPOINT TING SYSTEM (Continued) POINT
7. Sanitary Sewage Collection (Continued)
nued
b. Existing sewer lines with suffi-,
cient capacity are not adjacent
to the project,, however, there
will be no cost to the City for
such extension (under 1/4 mile)
oroversiing.
c. Where sewer lines must be extended 0
more than 1/4 mile or there is
cast to the City for additional
lines or for enlarging existing
lines-.
'transit Line. up to 1
a. Project located within 1: stile
of transit line. l
. Schools up to 1
a. Project located within walking
distance of an elementary school
as defined by the school district.
b. Project located within walking
distance of junior high school<
as defined by the school district..
c. Project located` within walking' 2
distance of a senior high school-
as defined by the school: district-.
d. Safe pedestrian access from the
project to the schools serving'
the project exists or will be
provided for by the developer.
. Project located within any school -10/school
attendance boundary whose optimum
capacity will be impacted and
will require busing or double
sessions upon completion of the
project.
i
Ordinance No. 1680
Page eight 2/20/79 �
SECTION T1 -- POINT RATING SYSTEM (Continued) POINTS
10. Parks. up to 4
a. Project located within 1/4
mile of a developed park.
b. Project located within 1/2 2
mile of a developed park.
c. Project located within 1/4 2
mile of a City-owne
undeveloped park site.
D. ENVIRONMENTAL AND ESTHETIC UALITIES: maximum S ,
(Minimum of 25 paints required)
1. Architectural Design 'variety'. up to 1
a. For each additional variation l each
in excess of the minimum
number required.
b. Lot; sale subdivision wherein /lot
each home will be individually
designed and custom built b
the developer, his successor,
heirs or assigns. Tractshall
be so convenantd by deed
restriction.
2. Site and Grading Design. up to 1
a. The arrangement of lots or l to
design of structures minimizes
the amount of grading required.
b. Avoidance of ecologically sensi- 1 to 4
tive areas (flood plain, mayor
natara.l drainage swales unstable
soil., steep slopes, etc.,)
C. Internal lotting pattern is 1 to 4
curvilinearas opposed to a
grid system. .
d,. Orientation of units, i .e. , l to
variable setback's, provision
of open spaces , consideration
of view.
Ordinance No. 1680
'age nines 2/20/79
.A{. ft.
SECTION ll POINT RATING SYSTEM (Continued) POINTS
.. Circulation. up to 1
a. Avoidance of conflict with
neighboring street inter-
sections except as required:
on the General Plan_.
b{ Privacy and safety 'through use
of cul-de-sacs and -way
intersections.
c.; Quantity and quality of access
roads for public safety service
4. Landscaping. up to
a. Preservation of existing trees I to
and land forms,.
b aunt and quality of landscaping 1 to
and screening including screening
of undesirable features.
5. Open Space (Public and/or Private) . up to 5
a,. Provision of private common 1 to
ripen space areas as an amenity.
b. Dedication of park areas-.
C. Provision of private recreation 1
spaces and facilities (tennis
courts, swimming pool) .
6 Preservation of Agriculture. up to 14
a. Project, did not require removal 5
of land from an agricultural
preserve six months prior to
the application.
b`. Project requires removal of land., -
from an agricultural preserve.
c. Project does not require the
rezoning ng o land zoned for
agriculture.
d.- Project requires the rezoning w-
of land zoned for agriculture.
ordinance Nes 16 -
Pace ten 2,/20/79`
"Allb
W V
SECTION Ii POINT RATING SYSTEM (Continued) POINTS
7. Preservation of Cultural and up to 5
Historical Resources.
a. Preservation of historically 2/feature
significant resources including
but not limited to, buildings,
walls, and cut-stone curbing
proposed in conjunction with a
project which developer can
control.
Via. Project does not adversely 2
impact character or setting
of any historical or cultural
resource in close proximity to
or within the project.
E. LOW AND MODERATE INCOME HOUSING: Maximum, 15
In order to achieve the policy of
providing for 10% low and moderate
income housing, additional points
will be assigned to such projects.
The City Council may require that
a minimum number of units be
allocated annually.
Projects which propose housing for
low and moderate income persons
shall file a detailed statement
indicating the method of provision.
For purposes of this part, the term
low and moderate income shall be
those income ranges and correlative
price ranges established annually
by the Department of Housing and
Urban Development.
Low Income 2/unit
Moderate Income 1/unit
Ordinance No. 1680 - 2/20/79
Page eleven
SECTION III -° PROCEDURE FOR AN ALLOCATIONOF BUILDING PERMIT
The Building Permit Allocation Plan authorizes the City to
allocate building permits for 450 dwelling units within each
construction year.. For calendar year 1979, the total: allocation
of 450 dwelling units shall be issued in one ;review period . The
allocation shall be issued, by duly 15, 1979. Each subsequent
construction year is divided into two six-month month eview periods in:
which 225 dwelling units may be authorized-. Allocations will
be issued by April 1.5 and August 15 of each construction year.
In addition, the, Allocation Plan provides for sewer or water
service to 1.50 dwelling units per construction year outside of
the City.. The; limitation on building permits applies only to
major residential projects within the City.
1 The first step ;in requesting an allocation is to secure an
application form from the City Planning Department
Incomplete or partial applications will not be accepted.
No more than one application is allowed for the same pro-
perty, although this shall not prevent the submission of
applications for both multi-family and single family
developments on: separate portions of same site The
written statement and site plan, with the required support
information part of the application, will be the basis for
the City staff review in which points will be assigned in
accordance with the Point Rating System criteria. In order
for the staff to review projects as fairly as possible,
the written statement should describe how the proposed
project meets the criteria as outlined in the Point Rating
System. Consequently, the written statement is of consid-
erable importance since; the developer will have no further
opportunity to explain to the Planning staff hoer the
development in question meets the criteria of the Point
Rating System.
2. All applications for dwelling units under the allocation
system must be theoretically ready for a building permit.
The applicant should insure that his project has the proper`
zoning and is compatible with the General Plan, the Land
Use Regulations, and all other applicable City regulations.
Applications do not require the preparation of final
engineering or construction plans in order to be considered
however, all required information such as architectural
elevations, grading plans, landscaping, etc. , must be of
sufficient detail to clearly illustrate the proposal-
3. If a developer seeks to receive points by providing low and,
or moderate income housing (sale or rental) with any
development, the applicant Faust first submit plans to the
ordinance No. 1680 - �
Pace twelve 0/7
SECTION 111 Continued
Housing Commission of the City of Redlands for review and
recommendation prior to applying for an allocation of
dwelling units Failure to gain a recommendation endation from the
Housing Commission shall result in no recommendation for
credit for low and/or moderate income housing.
.. The closing date of submission for the initial allocation
of 453 units for calendar year 1979 shall be the last
working day prig to May 15 1979. The closing date of
submission for subsequent years' semi-annum allocations
of 225 units shall be the last working day prior to
January 15 and May 15 of each calends year. prior to
the filing deadline, all plans and written material sub-
mitted as part of an application are not open for public
review; however, after the filing deadline his passed,
all material that has been submitted as part of an appli-
cation is then, open for public review. A public hearing
must be held before the Planning Commission for the allo-
cation of the dwelling units.
The Commission's recommendation shall be forwarded to the
City Council for action-.
5. The staff will initiate a review of the applications in
order to determine whether they meet the basic requirements
of the Land Use Regulations, General Plan and other appli-
cable regulations of the City of Redlands; if they do not,
they shall be determined as hon-complying and returned to
the applicants with written notice of their deficiencies.
Each applicant they has ten: days in which to: revise the
site plan so that it is in compliance with the rules and
regulations; of the City of Redlands and resubmit it for
consideration during that review cycle.
.. When an application has been; determined to be in compli-
ance with the City regulations, the project proposal shall
proceed to a staff evaluation. Once submitted for an
allocation of dwelling units, a project may not be altered
except for minor modifications as noted in Section 5 above.
The Planning staff will meet with representatives of the
various City departments to review each project to deter-
mine and assign numerical values to the major projects
under consideration; based on the criteria: in the Point
Rating System.
Ordinance No. 1680
Page thirteen 2120,/79
SECTION III - Continued
7. Following the review period_ by the City departments, the
Planning staff shall issue a written evaluation of all:
projects requesting permits, and: assign numerical values
to each. The written report assigning numerical, values
to each project shall be open for public review prior to
the Planning Commission hearing.
8 The Planning Commission shall schedule a public hearing
fallowing the end of each application period. The hearing
is designed to review the Planning s'taff's evaluation of
the various projects and either approve them: as submitted
or modify them-. This meeting shall be a public hearing'
and shall be advertised in a local newspaper at least ten
dales prior to the meeting.. The public hearing before the
Planning Commission shall be restricted to the evaluation
of the number assigned to the project in accordance with
the Point Rating System, and not on whether the general:
concept of the project is appropriate. Attendance by the
applicant or a duly authorized representative, at the
meeting in which the application is being considered is
required. During the hearing the applicant will have the
opportunity to make a presentation to the Planning
Commission indicating the merits of the project. The
Planning Commission procedures provide time for the general
public to speak in favor of or in opposition to the request`.
9 Depending upon the number of requests and their location,
there may be more than one public hearing. After evaluating
each development and making a final_ determination of all
point assessments, the Planning Commission, shall recommend
approval of the awarding of project allocations ons (dwelling
units) to the City Council. The Planning Commission shall
recommend awarding the total request of any project based
upon those having the highest numerical values receiving
first priority; however, the Planning Commission shall
recommend awarding no more than; 50 dwelling units to any
single, residential; project. if a particular project pro-
ponent indicates, in advance, a. need for more than 50
dwelling units, the: Planning Commission shall make a
recommendation on such a request, and the applicant shall
then proceed to the City Council.; for approval of all units
in excess of 50.
ordinance No. 1680
Page fourteen - /79
oa
SECTION III Continued
10. Should a situation, occur in which two projects have equal
evaluation point scores, and only one project can be per-
mitted within the quota, the :Manning Commission may offer
those applicants a pro,rated shard of the; number of snits
available Within the quota or t�iay dispose of such a tie in
any other manner deemed equitable by the Planning Commission
and the City Council,
11, The decision of the City Council is final..
12. Applicants receiving an. allocation of dwelling units shall
submit completed applications for normal processing within
six months from the date of the award. Failure to submit,
an application for normal processing within the six months'
approval period shall terminate the allocation approval and
require a new application for allotment.
13. Once the units have been al`loca.ted, to a particular project
and developer,- the intent is to have that developer
construct the project, however-, allocations may be sold or
transferred, with City Council approval, subject to the
terms and conditions under which the allocation was
originally approved,
1 . The City Council shall_ issue allotments for .Sewer and water
connections in the unincorporated Redlands Sphere of influ-
ence
nflu-ene based on the recommendations of the County of San
Bernardino-.
The criteria contained in the Point Rating System may be
utilized by the County in, making their recommendations on
projects requiring city water or sewer connections. The
City Council may disapprove sewer and water connection
allotments for projects: determined to be in conflict with
official City policies.
SECTION I - EMERGENCY SITUATIONS CFS IMPACTION OF PUBLIC
FACILITIES AND/CR SERVICES .
No allotments for building permits and sewer or water connections
shall be issued by the City Councils for an area or areas within
or without the City wherein an emergency situation or impaction
of public facilities and/or services has been identified by the
appropriate agency* Such conditions shall be any one or all of
the following"
k
ordinance No.. 16 0
Rage fifteen - 2/20/79
rx 1
SECTION ITS - Continued
1Notification by the Redlands, Unified School. District
Beard of Trustees, etherpublic agency" or city depart-
ment that its ability to meet the public needs is
impacted. Such notification shall be Meade to the City
Council in writing or by resolution.
2. Prior to each allocation period each appropriate City
Department Head and the Redlands Unified School District
shall state in writing whether or not their particular
public service will be impacted by the allocation.
3. Any Cather endangerment to public health, safety o
welfare; which the City Council determines to exist for
the purposes of this section.
In the event such an emergency or impaction exists, no allotments
shall be issued except when approved by three affirmative votes
of the City Council; for each applicant, after' it has determined
that the specific allotment allocation will not contribute
additionally to the existing emergency or impaction situation,
or that the specific allotment has adequately mitigated its
additional impact.
SECTIO V - FURTHER GUIDELINES AND PROCEDURES.
All further evaluation guidelines and procedures necessary to
implementation of the Initiative:, Proposition ""P." and to carry'
out, administer, and give effect to provisions of this ordinance
may be adopted by resolution of the City. Council of the City o
Redlands.
SECTION VI - ADOPTION AS URGENCY ORDINANCE.
;
The nature of the urgency is that the voters of the City of
Redlands, in approving the Initiative, Proposition "R, "
directed this City Council to adopt a competitive, evaluation:
system within 90 clays from the effective date of said ordinance,
on November 20, 1978; the 90th day following such date is
February 20, 1979; that at the request of several citizens and
civic groups, the City Council appointed; a committee of citi-
zens to provide advice and counsel in preparing and completing
an effective competitive evaluation; system to implement
Proposition_ "R" ; that on January 31_, 1979, said citizens
advisory committee, after numerous public meetings, filed its
report, and submitted a proposed evaluation system to this City
Council, that, in order to complete its review and to comply
Ordinance No. 1680
Pale sixteen 2/20/79:
SECTION VI - Continued
with all provisions of the Government Code for the adoption of
emergency ordinances, and to follow the mandate of the elec-
torate of this City in the enactment of Proposition "R, " the-
City Council. hereby declares this this to be an urgency ordinance,
based upon the facts and circumstances herein set forth, and
that it shall take immediate effect Capon the date of adaption
hereof, in accordance with Section 36934 of the Government Code
of the State of California.,
SECTION VI - If any section, sentence, clause or phrase of
this ordinance is-, for any reason, held to be invalid or
unconstitutional,' the remaining portions of the ordinance shall
not be affected thereby, it being expressly declared that this
ordinance and each section, sentence, clause and phrase hereof
would have beers- prepared, proposed, adopted, approved and
ratified irrespective of the fact that any one or more other
sections, sentences, clauses or phrases could be declared
invalid or unconstitutional .
SECTION VIII - The City Clerk shall certify to the passage of
this ordinance and shall cause the same to be published once in
the Redlands Daily Facts, a newspaper of general circulation
printed and published in: the City of ,. diand .
,., rr
Y
ATTEST Mayor of he Cit of Rer'Z dt
City'/ r ...
APPROVED FOR FORM:
City ttorney
I, Peggy A. Moseley, City Clerk, City of Redlands, do hereby'
certify that the foregoing ordinance was duly adopted. by the
City Council at a regular sheeting thereof held on the 20th day`
of February, 1979, by the following Grote.
AY C+ un.cil e ers Knudsen, DeMirjyn, Elliottf Riordan,
Mayor Martine
NOES None,
ABSENT: one
ordinance No. 1680
Page seventeen2/20/79
I