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HomeMy WebLinkAboutOrdinances_1788_CCv0001.pdf ORDINANCE NO. 1788 AN ORDINANCE OF THE CITY CI REDLANDS IMPLEMENTING THE INITIATIVE ORDINANCE TO MODERATE GROWTH WITHIN THE CITY OF REDLANDS TO PRESERVE THE CITY'S UNIQUE ENVIRONMENT AND CHARACTER AND REPEALING ORDINANCES NCS. 1680 , 1717, 1742 , AND 1748 Adapted June I ,: 1982 f i ARTICLE 940 AN ORDINANCE OF THE CITY OF RE LANDS IMPLEMENTING THE INITIA- TIVE ORDINANCE TO MODERATE GROWTH WITHIN THE CITY OF REDLANDS TO PRESERVE THE CITY' S UNITE ENVIRONMENT AND CHARACTER I. DEFINITIONS II . POINT RATING SYSTEM A. PREREQUISITE FOR POINT RATINGEVALUATION B. CONSISTENCY WITH ZONE CLASSIFICATION AND STANDARDS C. RELATIONSHIP OF PROJECT TO PUBLIC'" SERVICES 1 . Location of Project -. Fire Protection an Emergency Assistance 3 . Police Protection 4 . Storm and Flood Drainage 5 . Fater Distribution 6 . Sanitary Serer Collection 7 . Streets 8Schools 9 Parks D. TRACT DESIGN, ARCHITECTURE AND CONSTRUCTION 1 . Architectural Design Variety' 2 . Site and Grading Design . Circulation 4. Landscaping . Open Space Public or Private ) a . Preservation of Agriculture 7 . Preservation of Cultural and Historical Resources h n- 1 w.,. des x E. LOW AND MODERATE INCOME HOUSING Ill. PROCEDURE FOR DEVELOPMENT ALLOCATION A. PREREQUISITES AND ENTITIES ASSIGNING POINTS B . APPLICATION C. FILING AND ALLOCATION DATES D. REVIEW E. ALLOCATION F. TIE'S G TRANSFER UP DEVELOPMENT ALLOCATIONS H. EXPIRATION I . OUTSIDE WATER AND SEWER CONNECTIONS TV. EMERGENCY SITUATIONS OR IMPACTION CE PUBLIC FACILITIES OR SERVICE'S V. FURTHER GUIDELINES VT . SEVERANCE VII. REPEALS> VITT . PUBLICATION I s —2— ORDINANCE NO. 1.755 AN ORDINANCE OF THE CITY CE RE, LA:N S IMPLEMENTING 'HINITIA- TIVE ORDINANCE TO MODERATE GROWTH WITHIN THE CITE" OF REDL NQS TO PRESERVE THE CITY' S UNIQUE ENVIRONMENT AND CHARACTER WHEREAS , between the years 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 197; and to over 2 ,400 in 1978. A number of factors came together to produce this substantial increase in growth, including an increased demand for housing and the implementation of growth limiting policies or moratoria on the part of several cities in the nearby area, WHEREAS , this rapid rate of growth has been found by a majority of the people of the City of Redlands to have caused condi- tions harmful to the.: public health, safety and general welfare, and has resulted or will soon result in overcrowding of schools ; deteriorating water quality and sewage treatment ent capacity,, inadequate police and fire protection, increasing traffic congestion, inadequate parks and recreation facilities, loss of irreplaceable agricultural land, loss of open space , in- creased air pollution, deterioration of older urban areas g,enera.l, urban sprawl , and a substantial increase in the cost of government services ; WHEREAS , the people have declared that the foregoing condi- tions can be avoided: or alleviated by the enactment of a program designed to encourage planned residential growth within existing urban areas and coordinated with necessary public facilities ; WHEREAS, on November 7 , 1978, the voters of the City of Redlands approved an initiative ordinance to moderate the rate of growth within the City Proposition, 11R" ) ; WHEREAS , the City was directed in that ordinance to adopt a competitive evaluation systema within: 90 days from the date of adoption o: ` the initiative ordinance WHEREAS, such a system was duly adopted by Ordinance 1680 , and was thereafter aiaaended in Ordinances 1717 , 1742 and 1748 ; WHEREAS the system has now operated for some three years., and changes in circumstances and the wisdom of experience dictate that additional amendments consistent with the letter an spirit of Proposition "R" be enacted; THE CITY COUNCIL OF THE CITY CP REDLANS does ordain s .follows SECTIONONE: That Chapter 94 of the Redlands Ordinance Cone be amended as follows WU CHAPTEP, 94 IMPLEMENTATION OF :PROPOSITION "R"fi ARTICLE 940 COMPETITIVE EVALUATION AND SELECTION PROCESS FOR SUBDIVISIONS SECTION I DEFINITIONS A. "Development Allocation" - approval required after tentative subdivision neap approval and as a- condi- tion precedent to obtaining a building permit for dwelling unit . Each development allocation shall be assigned to a particular property. E. "Annual Allocation" - 450 development allocations per calendar year within the. City limits , with sewer or water service allotments to not more than 150 dwelling units outside the corporate boundaries in any calendar year. CA "Applicant" - the owner, developer or authorized agent who applies for a development allocation for a: particular property_. D. "Exempt from Allocation": 1 . A development consisting of four or fewer single-family dwelling units . . The construction of a fourplex or a lessen number of multiple dwellings on a single lot which the owner, developer or agent did riot create through the subdivision process-. 3 . The construction of a single-family residence on a single lot which the owner, developer, or agent :did not create through the subdivision process . This exemption applies only to indi- vidual construction of 'homes (sometimes caller; ""owner-built" homes ) , and not to subdivisions for the purpose of lot sales . Any such subdi- vision is subject to the allocation require- ments of Proposition "R" and this ordinance . 25001:. , ' 3. M a' 4. Projects undertaken with the assistance of governmental funding to provide dwelling units for low-income persons or senior citizens . 5 .. The construction of buildings to be used for industrial or commercial purposes . E. "Construction yeas" - a period of helve months with the first such twelve-month period commencing January 1 , _1' 79 and subsequent twelve-month periods beginning on the same date in each succeeding year. F. ""'Dwelling" -_ a single-family residence, an apart- ment , art-ment , or a. mobi lehome. G. "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 City . Each development needs an allocation equal 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 appli- cation as defined in Ordinance No. 1000 as amended:. I "Pa.rcel" - the specific area: of a property proposed for a development allocation. J. "Project" - any plan by a landowner or his autho- rized representative to construct or place five or more dwelling units on a particular parcel of land that has been submitted for a development allocation; during any one allocation review period., SECTION ll --POINT TI G SYSTEM Each application for competitive evaluation of a major subdivision residential development shall be given a point rating pursuant to this ordinance,. A minimum total: of 75 points is required .for any project to receive development allocations . The following categories will be used in the Point Rating System, A. PREREQUISITE FOR POINT RATING EVALUATION The project must be in fell compliance with the Redlands General. Plan and all its elements . -3- i { POINTS P CONSISTENCY WITH ZONE CLASSIFICATION Maximum 5 AND STANDARDS 1 Project significantly exceeds the 5 property development standards of the zone in several, substantive ways . Project significantly exceeds the property development standards of the zone in at Least one sub-- stantive way. ,. Project just meets- property dev'el- opment standards . C. RELATIONSHIP CP PROJECT TO PUBLIC SERVICES Maximum 66 1,. Location of ProjectMaximum 15 a Project abuts existing development 15. n at least three sides b. Project abuts existing develop- 1 ment on two sides . C. Project abuts existing develop 5 r ent on one side or is sur- rounded by developed properties in close proximity. 2 . Fire Protection and Emergency Maximum 5 .assistance a. Project is within a. four-minute fire protection response time and by itself will not require any additional stations , equip- ment , or personnel , b. Project is within a six-minute fire protection response time and by itself' will not require any additional stations , equipment ; or personnel . C . Project is within an eight- minute response time and by itself will not require any additional stations , equipment , or personnel . 4- m M t'S Si G- d. Project is beyond an eight- -5 minute response time or will require by i eself an additional station or additional equipment r personnel,, .. Police Protection, Delete entire category 4 . Storm and Flood Drainage Maximum 10 a. Points shall be awarded on the basis of the storm grater drain index snap on file in the Public Works Department showing the four drainage basins within the City as follows: (a) San Timoteo Creek drainage 1 basin Morey Arroyo drainage basin 0 or (c) Santa. Aria River drainage basin 0 to 10 (d) Mill Creek Zanja drainage basin 5, 0 or -1 c an ...,: fir,, x Water Distribution Maximum 7 a,. Existing water delivery system to project meets Citystandards for water service and fire pro- tection without any City cost participation. b= Additional water delivery system improvements are re- quired to enable the project t meet City standards for water service and/or fire protection,, but without any City cost participation:. C. .additional grater delivery system improvements are re- quired to enable the project to meet City standards for water service and/or fire protection and City cost participation would normally occur, but instead the project owner defrays all such City costs . d. Additional hater delivery system improvements are re- quired to enable the project to meet City standards for water service and/or fire protection and City cast participation is required. 6 . Sanitary Sewer Collection Maximum 7 a. Existing sewer system to pro- j ct meets City standards with> sufficient transmission and treat- ment capacity to serve project without any City cost participation. -6- 401, $gf s b. Additional sewer system improve ments are required to enable the project to meet City standards with sufficient transmission and treat- ment capacity to serve project but without any City cost partici- pation. artici-p i n. C. Additional sewer system improve= 2 inerts are required to enable the project to meet City standards with sufficient transmission and treatment capacity to serve pro;- ject, and City cost participation; would normally occur, but instead the project owner defrays all such City caste. d. Additional suer system improve- ments are required to enable the project to meet City standards with sufficient transmission and treat- ment capacity to serve project , and .City cost participation is required. 7 . Streets Maximum 5 a:. Public o,ff-site improvements are improvements (excluding traffic signals) which require a City con- tribution. Said improvements are either "minor improvements , " maj or improvements , " or "major capital improvements" as listed below; 1.) Minor improvements are the: construction of curb and gutter, sidewalk, paving and otter such typical roadway construction esti- mated to cost less than X25 ,000 . 2 Major improvements are the construction of curb and gutter,; sidewalk, paving and other such typical roadway construction esti- mated to cost between 25 ,00 and $100 ,000. - y 3 Major capital improvements are the typical construc- tion ons r ction of new streets or the typical =widening and recon- struction econ-str ction of existing streets estimated to cost more than 100 ,000 . b Project can be served by the 5 existing street system and will not necessitate any public off-site improvements within, 1/4 mile of its boundary . C. Project can be served by the existing street system but will necessitate minor public off-site improvements within 1 ;Wile of its boundary. d, Project can be served by the 0 the existing street system but will necessitate major public off-site improvements within 1/4 mile of its boundary. e. Project requires major capital - ' improvements within 1/4 mile of its boundary. . Schools Maximum 10 a. Project located within safe 4' walking distance of an elemen- tary school as defined by the school district. b'. Project located within safe walking distance of a junior high school as defined by the school district. C. Project located within safe walking distance of a senior high school as defined by the- school district, I t,w, . upon completion and occupancy of _:: of the project unsafe pedestrian access exists or will exist from the project to any school serving the project as determined by the school district. . project uses one or more School -l. service levels declared impacted pursuant to city and district policies. 9. Parks Maximum 2 . Project located within 1/2 mile 2- of a developed park. b. project located. within /fit mile I of a developed park. C. Project looted within 1/2 mile l of a City-owned undeveloped park site. D. TRACT DESIGN, ARCHITECTURE AND CONSTRUCTION Maximum 5 1 . Architectural Design Variety Maximum l . In a. single- family detached 1 each, dwelling project, variations 10 maximum in excess of the number legally` req iced by the City Subdivision Ordinance. "Variation" ;shall include signi- ficant i ni-ficant differences in exterior construction materials and roof- ing treatments , as well as variety in color and building profiles. b. In a planned residential develop- 0 , 2, 4, 6, ment or a multiple-family dwelling 8 or 10 project , architectural elevations :shall be evaluated and incremental points awarded based upon incre- ments in design quality, consistency with neighborhood , and durability and appearance of exterior construc- tion nst c-tion ma.teria:ls including roofing.. - - 4 r C. Lot sale subdivision where lots will be scald in groups of no, greater than four. This para- graph does not apply to a iobile- home subdivision. d`. Lot sale subdivision were lots 15 will be sold individually, no standard or generalized housing product will be sold in that pro- ject by ro-ject' by the subdivider, and the sub- divider does not directly or indirectly case any housing pro- duct to be built in that project . . This paragraph does not apply to a mobilehome subdivision. 2. Site and Grading Design Maximum 1 a. The arrangement of lots or design of foundations and floor systems minimi. es- grading to a point: substantially less than that legally permitted. b. Consideration of onsite eco- logic-ally sensitive areas (flood plain, major natural drainage swales , unstable soils-, and steep slopes) . C. Internal lotting pattern is curvilinear, not a grid system. d. Favorable orientation, of units (any combination of variable set- backs , provision of open spaces , preservation of special views , solar access , unusual privacy) .' 3 . Circulation Maximum a.. Avoidance: of conflict with; neighboring street intersections except as; required by General. Plan. b-. Special consideration for esi- dential privacy and, pedestrian safety (through use of cul-de-sacs , -way intersections and similar amenities) . _10- i p�0r C. Two or more access roads for public safety service. 4. Landscaping Maximum 10 a., Preservation of all existing ornamental trees and basic land--forms b . Amount , quality, size and variety 1, 3, 5 of landscaping and screening, or including screening of undesirable features . Not less than five 15- gallon trees per unit are required for minimum credit ; unusually abundant and mature planting and screening is required for maximum credit. C. Covenants , conditions and restric-- tions establishing a homeowners ' association with full responsibility hath cin- and off-site maintenance have been drafted and submitted to the City, and will be imposed as a condition: of sale;, 5. Open Space (Public or Private): Maximum 5 a,. Provision, of substantial amount of private common open space. h. Provision of unusually extensive private recreation facilities . 6 . Preservation of Agriculture Maximum 1 a,. Project has not required removal of land from an agricultural preserve. b. Project did not require the 5 rezoning of land erne for agriculture. 10 c . Project will not be located 5 immediately adjacent to an agricultural preserve., d-. Project will be located in -3 immediately vicinity of land ander Williamson Act contract. 7 Preservation of Cultural and Maximum 5 Historical Resources a. Preservation of historically /feature significant resources , includ- ing buildings , walls , cutstne curbing or landscaping. b. Project dries not adversely impact character or setting of any historical or cultural resource in close proximity to or within the project. The recommendation of the City Historic and Scenic Preservation Commission shall be a prerequisite to a print award hereunder. E. LOW AND MODERATE INCOME HOUSING: Maximum 15 1 . To implement Proposition "R, " this Council finds that provision of approxi- mately pp oxi-mately 10 lour and moderate income housing within: new residential devel- opments ents i in the public interest Therefore a.. Project with dwelling unit(s) /unit provided for low income per- sons at correlative prices as established by the United States Department of Housing and urban Development . b Project with dwelling unit(s) 1/unit provided for moderate income persons at correlative prices as established by the Unites States Department of Housing and Urban Development . -12- 2 . In order to qualify for points under this subsection, the project developer shall file a. detailed written statement indicating the proposed method d of pre- vision, and shall be prepared to con- tract with the City assuring same.e.. Ire addition, the favorable recommendation of the City Housing Commission shall be a prerequisite to the award of an points hereunder. Low Income /unit Moderate Income 1/unit SECTION III - PROCEDURE FOR DEVELOPMENT ALLOCATION A. PREREQUISITES AND ENTITIES ASSIGNING POINTS 1. Tentative Approval Required In order to assure that a project is in final approval form as required b Proposition "R," the project shall be environmentally assessed and tenta- tively nta:-ti.vely a.pproved by the Planning Com- mission and City Council before an application for development alloca- tions .11oc --tions can he filed. 2. Point Assignments The Planning Commission will assign; points in the fallowing categories : Consistency with: Zone Classifications and Standards Architectural Design Variety Site and Grading Design Circulation Landscaping Open Space . The City staff will assign points in the fallowing categories : Relationship to Public Services Preservation of Agriculture Preservation, of Cultural and Historical Resource Low and; Moderate Income Housing -1 oesi g-l k AN, K' " , 4. The Redlands Unified School District ("District" ) will assign points in the Schools category . E> APPLICATION Following environmental review and tentative approval- of the project by the City, the, applicant= shall submit an application for development allocations on; forms provided by the Planning Department. Applications do not require the preparation of final engineering or construction plans in order: to be considered however,, all rehired information must be of sufficient detail to clearly illustrate the proposal . Incomplete or partial applications will not be accepted . Only one application is allowed per allocation period on the same property. In order for the City to review projects as fairly as possible , the written statement must describe hour the propose: project meets the criteria of Section II., The written =statement is important since the; developer will have no further opportunity to explain how the development in question meets the criteria of this ordinance, C FILING AND ALLOCATION DATES Semiannual. allocations for 225 units will be made on or before June 30 and november 30 yearly. Therefore, the closing dates for application filings will be May 15 and October 15 . However, notwithstanding the above and because of unavoidable delays in the reenactment of this ordinance, the first allocation date for 1982 shall be September 7 and the first filing deadline fon 1982 shall be July 15. pricer to the filing deadline, plans and written material submitted as part of an application are not open for public review; however, after the filing deadline has passed, all material that has been submitted as part of an application is then open, for public review. D. REVIEW When an applicat=ion has been determined to be com- plete and timely filed, it shall proceed to staff, planning Commission and District review. Once submitted for allocation, a project may not be altered. The planning staff will meet with representatives of the various City departments and appropriate Commissions to review each project and assign numerical values based on the criteria in Section ll ., -14- iY „ Following the review period, the planning staff shall issue an eValUati(ni of all projects requesting devel- opment allocations numerical values assigned to each. The report assigning numerical values to each project shall_ be open for public review prior to the actual allocation awards by the City Council . E. ALLOCATION At a public meeting,, the City Council shall evaluate all recommended point assignments , hear from the applicant and the ,general public if requested., and award the development allocations pursuant to this ordinance . Projects receiving 75 points will be considered for awards , with higher priority being given to projects with higher point values. A maximum of 35 development allocations may be awarded to any project in any single allocation period, unless this limit and the total successful applications result in less than 225 development allocations being awarded . If the latter occurs , the excess allocations will be prorated among successful projects applying for more than 35 allocations on the basis of the relative; number applied for rmeasured against the number remaining. The decision of the City Council on development allocation awards is final.. F. TIES Should more than one project receive the same passing point score hereunder, but insufficient development allocations are available to provide both projects with their requested totals , each project will receive an equitably prorated share of the remaining allocations based on initial applications . C TRANSFER OF DEVELOPMENT ALLOCATIONS A development allocation is awarded hereunder based upon the particular location and characteristics of a specific development proposal on a specific site, and may not therefore be transferred to another site or used for another development proposal.. However, a. development allocation may be transferred with City Council approval to successors in interest who acquire title to the specific development proposal on the specified site, upon proof satisfactory to the City Attorney that legal title has so passed. H EXPIRATION development allocation expires- and is of no fur- ther effect if: -15- ggwng X r.> (1) the underlying tentative map or use permit expires , or ( the development allocation is not utilized within two years of the date of its award: "Utilized" means receipt of final project approval: and issuance of at last one building permit for construction of residential unit other than model homes therein,. 1. OUTSIDE WATER AND SEWER CONNECTIONS The City Council shall: implement Section 6 of Propo- sition "R" by allotting tap to 150 water and sewer connections per year within the unincorporated area covered by the City' s sphere of influence and based: on the recommendations of the County of San. Bernardino . However, no allotments shall be made to projects which conflict with the intent of Proposition "R" or the General„ Plait as interpreted by tete City Councilor SECTION I y EMERGENCY SITUATIONS OR IMPACTION OF PUBLIC -..._ . �. ._ e _. _ w. "ACILITIES-ORSE �'I �ES No further development approvals of any kind or sewer or water connections shall" be approved by the City when an emer- gency situation or impaction of public facilities or services has been identified by the appropriate agency; Such condi- tions tions shall: be any one or more of the following: 1 . Notification of a City department , other public agency, or the District that its ability to meet the public needs is impacted . Such notice shall be presented to the City Council in writing, and be followed with a presentation by the impacted agency to the City Council in public sessions to provide detailed, clear and convincing evi- dence of an emergency or impaction In, the event of notification by the District , the requirements of Ordinance No . 1740 shall apply in addition to the above . . . Before the close of filing for an allocation period , purveyors of City and School services shall notify the City Manager if their particular service would be impacted by the award of development allocations to the applica- tions to be considered that; period. If emergency or impaction is declared and concurred with by the. City Council, no development allocation shall be approved without attaching a requirement that no building permit shall be issued until documentation has been received from the declaring agency that such impaction has been adequately mitigated. This requirement stall remain in force until the declaration of emergency or impaction is rescinded by tete declaring agency, or as otherwise deter- mined by the City Council by resolution. E -1 j 3 . Any other danger to the public safety or welfare 'which the City Council determines to exist for the purpose of this section. If the -dwelling unit (s) under consideration on. is/are outside the City limits , any and all: mitigating measures arising from: declaration, of emergency or impaction shall apply if the City supplies water and/or serer services , and if a tater and/or sewer emergency or impaction exists .. In the event the City Council concurs that such emergency or impaction exists , no .further development approvals of any kind and/or sewer or water connection, permits shall be issued except when approved by a majority of the City Council for each applicant considered individually, after it has determined that the specific project will not contribute additionally to the existing emergency or impaction situation, or upon notice by the appropriate agency that the specific project has ade- quately mitigated. .its additional impact,.. SECTION V a `FURTHER GUIDELIN l_ Proposition "R" and this ordinance may be implemented by resolution to further the purposes set forth in Proposi- tion ropos -tion "R. '" 2. All lots created by the subdivision process , whether or not initially subject to this ordinance, Ordinance No. 1680 and subsequent amendments or related ordinances , that are capable of being further subdivided under the State Map Act and local ordinances existing at the time of subdivision,, shall have the final plat mag stamped. with a note stating that, "Any further subdivision will be subject to the development allocation process under the pro-visions of Proposition "R" as implemented by City ordinance. " SECTIO VI SEVERANCE If any section, sentence, clause or phrase of this ordi- nance is for any reason held- to be invalid or unconstitutional, the remaining portions of the ordinance shall not be affected thereby,.. This ordinanceand each section, sentence , clause and phrase hereof would have been 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. SECTIO VII° - REPEALS Most of the substance of this ordinance has already been enacted by the City in Ordinances 1680, 1717, 1742 or 1748 . -17- The ares in which major substantive changes are made are agri- cultural preservation, schools, and in the procedures by which allocations are made. However, in order to allow citizens, developers, and City :staff members to comprehend the inter- relationship -relationship of and comply with these requirements,, it; appears better practices to compiles them all an one place for ease of reference. For this reason, this ordinance replaces prior point systems ordinances:, and ordinances 1680_, 1717, 1742, and 1748 are hereby repealed. SECTION " IIS' - PUBLICATION The City Clerk shall certify to the passage of this ordinance and shall cause the sante to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and published in the City 'of Redlands. ADOPTED, SIGNED AND APPROVED thial 3 P M yor of the City of~,5 , dla .ds ATTEST: uty 8J..t�'°,'"� ear I , Lorne Peyer, Deputy City Clerk, City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council: at an j ,� regular meeting thereof held on the 15th day of June, 1982 , by the following vote : AYES : Councilmembers DeMirjyn, Martinez , Carman, Johnson Mayor loth OE € rt e ABSENT: None ty City,,, irk