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HomeMy WebLinkAboutOrdinances_1843_CCv0001.pdf ORDINANCE NO. 1845 AN ORDINANCE OF THE CITY OF REDLAND IMPLEMENTING THE INITIATIVE ORDINANCE TO MODERATE GROWTH WITHIN THE CITY OF REDLANDS TO PRESERVE THE CITY ' UNIQUE ENVIRONMENT AND CHARACTER AND REPEALING ORDINANCES NO. 1788 , 1801 , 1818 AND 1825 90 A MEN ARTICLE 940 AN ORDINANCE OF THE CITY OF REDLANDS IMPLEMENTING THE INITIATIVE ORDINANCE TO MODERATE GROWTH WITHIN THE CITY OF R.EDLANDS TO PRESERVE THE CITY' S UNIQUE ENVIRONMENT AND CHARACTER. AND REPEALING ORDINANCES NO. 1788 , 1801 1818 and 1825 I . DEFINITIONS II. POINT RA'T'ING SYSTEM A. PREREQUISITE FOR POINT RATING EVALUATION B. CONSISTENCY WITH ZONE CLASSIFICATION AND STANDARDS C . RELATIONSHIP OF PROSECT TO PUBLIC SERVICES 1 . Location of Project' 2 . Eire Protection and Emergency Assistance 3 . Stora and Flood Drainage 4. Water Distribution 5 . Sanitary Sewer Collection ., Streets 7 , Schools 8 . Parks D. 'TRACT ;DESIGN, ARCHITECTURE AND CONSTRUCTION 1 , Architectural Design 2. Site and Grading Design 3 . Circulation . Landscaping 5 Open Space t yy N, 6 , Preservation of Agriculture -. Preservation of Cultural and Historical Resources E. LOW ANIS MODERATE INCOME HOUSING III . PROCEDURE FCR DEVELOPMENT .ALLOCATION A. PREREQUISITES ANIS ENTITIES ASSIGNING POINTS B . APPLICATION C. FILING AND ALLOCATION DATES D. REVIEW E. ALLOCATION F. TIES G . ALTERATION OF APPROVED PROJECTS H. TRANSFER OF DEVELOPMENT ALLOCATIONS I EXPIRATION J . OUTSIDE WATER. AND SEWER CONNECTIONS IV. EMERGENCY SITUATIONS OR IMPACTION OF PUBLIC FACILITIES OR SERVICES V. FURTHER GUIDELINES Vi . SEVERANCE VII,. REPEALS VIII . PUBLICATION ORDINANCE NO. 1843 AN ORDINANCE OF THE CITE' OF REDLANIDS IMPLEMENTING THE. INITIA- TIVE ORDINANCE TO MODERATE GROWTH WITHIN THE CITE' OF REDLANDS TO PRESERVE THE CITY' S UNIQUE ENVIRONMENT AND CHARACTER AND REPEALING ORDINANCES NO. 1788, 1801 , 1818 and 1825 WHEREAS , between the years of 1970 and 1976 , inclusive, ars average of 220 dwelling wits 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 1978 . A number of factors carne 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 was 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 has resulted or may soon result in overcrowding of schools , deteriorating water quality and sewage treatment 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, general urban sprawl, and a substantial increase in the cost of government services ; WHEREAS , the people have declared that the foregoing conditions 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 o Redlands approved an initiative ordinance to moderate the rate of growth within the City (Proposition "R" ) ; WHEREAS , the City was directed in that ordinance to adopt a competitive evaluation system within 90 days from the date of adoption of the initiative ordinance WHEREAS , such a system was duly adopted by Ordinance 1680 , and was thereafter amended it Ordinances 1717 , 174 , 1748 , 1788,, 1.801, 1818 and 1825 WHEREAS , the system has now operated for some four years , and changes in circumstances and the wisdom of experience dictate that additional amendments consistent with the letter and spirit of Proposition "R" be enacted; THE CITY CCU #CIL OF THE CITY OF R.E DL N1DS does ordain as follows SECTION ONE: That Chapter 94 of the Redlands Ordinance Code be amended as follows CHAPTER 94 IMPLEMENTATION OF PROPOSITION "R", ARTICLE 940 COMPETITIVE EVALUATION AND SELECTION PROCESS FOR SUBDIVISIONS SECTION I - DEFINITIONS A "Development Allocation" - approval required after tentative subdivision reap approval and as a condi- tion precedent to obtaining a building permit for a. dwelling unit. Each development allocation shall b assigned to a particular property. B. "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. C. "Applicant" - the yawner., 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 lesser number of multiple dwellings on a single lot' which the owner, developer or agent did not create through the subdivision: process_. 3 . The construction of asingle-family home by an individual in a. development in which the subdivider or his agent or contractor is constructing no more than four dwelling units . 4 A residential development constructed pursuant to the authorization given; in November, 1978 , y BallotMeasures "B" and "S 5-. The construction of buildings to be used for industrial or commercial purposes . Age XX„n. 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, apart- ment , or a moblehume 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 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 pplication, as defined in Ordinance No . 1000 as amended. i, 1 . "Parcel" - 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 unitsona particular parcel of land> that has been submitted for a development allocation during any one allocation review period. SECTION 11 - POINT RATING- SYSTEM Each application for competitive evaluation of a Tajo subdivision residential development shall be given a point rating pursuant to this ordinance . A minimum total of 75 paints 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 full compliance with the Redlands General Plan and all its elements , POINTS< B . CONSISTENCY WITH ZONE CLASSIFICATION Maximum AND STANDARDS 1-» Project significantly exceeds the property development standards of the zone in three or more substantive ways. 3- a . Project significantly exceeds the property development standards of the zone in at least one sub- stantive ub®sta.ntive way . Project just meets property de et 0 npment standards CRELATIONSHIP OF PROJECT TO PUBLIC SERVICES Maximum 61 1 , Location of Project Maximum l a:. Project abets existing development 1 on at least three sides . b . Project abuts existing develop 13 anent on two sides . C . Project abets existing develop- spent on one side or is sur- rounded by developed properties in close: proximity. . Fire Protection and Emergency Maximum ltd Assistance a:;. Project is within one and one-half miles of a first-due engine. company and ' wo and one-half miles of a ladder service company . b Project is within two chiles of a first-,due engine company and three miles of a ladder service company . c. Project is within two and one-half miles of a first-due engine company and three and one-half miles of a ladder service company,. d. All structures are sprinklered: pursuant to NFPA Residential Sprinkler Pamphlet 13D. -4- dom 3 . Storm and Flood Drainage Maximum 5 a'. Points shall, be awarded on the basis of the percentage of coverage of the total, lot area or project area by the roof area and all paved areas on site . The coverage per- centage shall be exclusive of streets and public rights of way. Points 35% but not less than 30% 1 30% but not less than 25% 2 25% but not less than 20% 3 20% but not less than 15% 4 15% or less 5 35% but not more than 40% 0 40% but not more than 45% -1 45% but not more than 50% -2 50% but not more than 55% - 5a but not more than 60% -- 0 0% or more -5 Developer is required to submit an analysis of the percentage of covered or paved area with his/her application. Percentage to be calculated in the same manner by which the City calculates the area for drainage fees. b. Points shall be awarded to single 5 family residential projects to be built on lots no less than one acre net. This subsection shall not apply to planned unit develop- ments, planned residential develop- ments, condominiums, multiple family developments, and mobile home park developments. 4 . Water Distribution Maximum 7 a. Existing water distribution system 7 to project meets City standards for water service and fire protec- tion, and project owner agrees in writing 4L--.o defray any customary City costs. b. Additional water distribution system improvements are required to enable the project to meet City standards for water service and/or fire pro- tection and City cost participation would normally occur, but instead the project owner agrees in writing to defray all such City costs. C. Additional water delivery - system improvements are re- quired to enable the project to meet Citystandards for water' service and/or fire protection and City cast participation is required' 5 . Sanitary Sewer Collection Maximum 7 a-.. Existing sewer system to pro ,sect meets City standards with sufficient transmission and treat- ment capacity to serve project , and project owner agrees in writing; to defray any customary City casts . b Additional serer system improve ments 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 agrees in writing to defray all such City casts C. 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 , and City cost participation is required. . Streets Maximum a. Public off-site improvements are improvements excluding traffic signals ) which require a City con- tribution, Said improvements are either "minormimpro+ r.y�ver�e� ts ,, " It major ajor capital improvements" as listed below: 1. Miner improvements are the construction of curb and gutter,_ sidewalk, paving and other such typical., roadway construction esti- mated to cost less than. �25 , 000. -6- 15 ( ) Major improvements are the construction of curb and gutter, sidewalk, paving` and ether such typical roadway construction esti- mated to cast between $25,000 and $100 ,000 . ( ) Major capital improvements are the typical construc- tion nstruc-tier of new streets or the: typical widening and recon- struction of existing streets estimated to cost more than $100 , 000 . b. Project can be served by the 5 existing street system and will. not contribute to the need for any public off-site improvements within 1/4 mile of its boundary. C. Project can be served by the existing street system but will contribute to the meed for mincer public off-site improvements e Thin 1/4 mile of its boundary. d,. Project can be served by the existing street system but will contribute to the heed for major public off-site improvements within. 1/4 mile of its boundary. e. Project requires major capital _5 improvements within 1/4 mile of its boundary. 7 . Schools Maximum 1 a . Project located within: safe walking distance of an elementary school s 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 d. Upon completion and occupancy o .- the project unsafe pedestrian: access exists or will exist from the project to any school serving; the project as determined by the school district. d . Project uses one or more school -10 service levels declared impacted pursuant to city and district policies . . parks Maximum a. Project located within 1/2 mile of a developed park. b'. Project located within 3/4 mile l of a developed park_. C. Project located within 1/2 mile 1 of a City-owned undeveloped park site �= TRACT DESIGN, ARCHITECTURE AND CONSTRUCTION Maximum- 6 ' 1 . Architectural Design: Maximum l Elevations shall be evaluated and a to lfl :incremental points awarded based upon increments in design quality, consistency with neighborhood, and durability and appearance of exterior construction materials including roofing . site and Grading Design Maximum 13 a. For land with 5`/ slope or I to 6 greater, the lot arrangement and/or foundation and floor system design , reduces grading to a level substantially less- than; legally permitted. b . For land with less than 5% slope, 1 to 6 favorable orientation of units (any combination of variable set- backs , provision, of open spaces , preservation of special views , solar access , unusual privacy) 44.r. A , C . Consideration of onsite ecce logically sensitive areas (flood plain, major natural drainage swal s , unstable soils , and steep slopes ) d. Internal lotting and street' pattern is curvilinear (not a grid system) . 3 . Circulation Maximum 7 a-.. Avoidance of conflict with neighboring street intersection except as required by General: flan- b Special consideration for resi dential privacy and pedestrian safety (case of cul-de-sacs , 3-way intersections and similar amenities ) . C . Two or more access roads for public safety service-. 4 Landscaping Maximum 1.0 a_., Preservation of existing 0-3 ornamental ental trees and basic land-form. b,. Amount , quality , size and variety ] -7 of landscaping and screening,, including screening of undesirable features . Not lens 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 rstric- tions establishing a homeowners '' association with full responsibility for bath on- and off-site main- tenance have been dratted and submitted to the City , and will b : imposed as a condition of sale. 5 . Open Space Maximum a . Amount of private common open -3 space ;.. b'. Extent of private recreation 0-2 facilities . 6 . Preservation of Agriculture Maximum 1 a. Project has not required removal 5 of land .from an agricultural preserve within one year prior to application. b Project did not require the rezoning of land zoned for agriculture within one year prior to application._ c Project will not be located imine 5 diately adjacent to an agricul- tural preserve. d. Project will be located in imme- - diate vicinity of land under Williamson Act contract;. 7 . Preservation of Cultural and Maximum Historical resources a Preservation of historically 2/feature significant resources , includ- ing buildings , walls , cutstone curbing or landscaping. b-. Project does not adversely 2 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 point award hereunder. 10 x tL` E. LOW AND MODERATE INCOME HOUSING : Maximum 15 1.; To implement Proposition "R, " this Council finds that provision of approxi- mately 10 low and moderate income housing within new residential devel- opments is in the public interest:. Therefore a:. Project with dwelling unit (s) 2/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;. 2. In order to qualify for points under this subsection, the project developer shall file a detailed written statement indicating the proposed method of pro- vision, and shall be prepared to con- tract with the City assuring same . In addition, the favorable recommendation of; the City Housing Commission shall be- a. prerequisite to the award of any points hereunder. Low Income 2/unit Moderate Income 1/unit SECTION Ill - 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 farm as required by Proposition "R, " the project shall be environmentally assessed and tenta- tively approved by the Planning; Com- mission and City Council before an application for development alloca- tions lly ca-tions can be filed. 140 ` $' 2 . Point Assignments The Planning Commission will assign: paints in the following categories : Consistency with Zone Classifications and Standards Architectural Design Variety Site and Grading Design Circulation Landscaping Open Space 3. The City staff will assign points in the following categories : Relationship to Public Services Preservation of Agriculture Preservation Preservation of Cultural and Historical Resources Low and Moderate Income Housing 4 # The Redlands Unified School District ("District'" ) will assign points in the Schools category . B . APPLICATION Following environmental review and tentative approval of the project by the City , the applicant shall submit an application for development allocations on fors provided by the Manning Department.., Applications do not require the preparation of final engineering or construction plans in order to be considered; however, all required information must be of sufficient detail; to clearly illustratethe 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 how the proposed 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 July 30 and December 30 yearly . Therefore , the closing dates for application filings will be May 15 and -12- A1112% QW October 15 . However, notwithstanding the above , in 1984 the closing dates will be June 15 and October 1.5 , and allocations' will be made on or before August 30 and December 30 . Prior to the closing date , plans and written material submitted .as part of an application are not open for public review, however,, after the closing date has passed, all material that has been submitted as part of an application is open for public review. D REVIEW When an app-lication has been determined to be com- plete and timely filed, it shall proceed to staff , Planning Commission and District review. Once submitted for alloca- tion, 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 II . Following the review period, the planning staff' shall issue an evaluation 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 325 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 measured 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 . - 13- mg mg G. ALTERATION OF APPROVED PROJECTS The Council. may set guidelines by resolution to alloy the alteration of a project in any manner which would not have resulted: in the assignment of fewer points if the alteration had been incorporated into the Marginal approved application. Such a review of altered approved projects shall be based upon the ordinance in effect: at the time of the original, point allocation for Said project.. H. TRANSFER OF DEVELOPMENT ALLOCATIONS A development allocation is awarded hereunder based upon the particular location and characteristics of a specific development proposal can a specific site , and may not therefore e 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.< I . EXPIRATION A development allocation expires and is of no further effect when the underlying tentative map or use permit expires . This paragraph applies only to Residential Development Allocations awarded after May 15, 1984 J. OUTSIDE WATER AND SEWER CONNECTIONS The City Council shall implement Section 6 of Proposition "R" by allotting up 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 Plan as interpreted by the City Council . SECTION IV - EMERGENCY SITUATIONS OR IMPACTION OF PUBLIC FACILITIES OR SERVICES No further- development approvals of any find or sewer or water connections shall be ;approved by the City when an emergency situation or impaction of public facilities or services has been identified by the appropriate agency. Such conditions shall be any one or more of the following -1 - 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 . 2 . 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 Litigated.. This requirement shall remain in force until the declaration of emergency or impaction is rescinded by the declaring agency, or as otherwise deter- mined by the City Council by resolution. 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 is/are outside the City limits , any and all mitigating measures arising from, declaration of emergency or impaction shall apply ifthe City supplies water and/or sewer services , and if a water 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 - FURTHERIDELI NE 1 . Preposition. "R" and this ordinance may be implemented by resolution to farther the purposes set forth in Propos'i- tion "P . - 15- 1 1RS ® 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 dap Act and local ordinances existing at the time of subdivision, shall have the final plat map stamped with a nate stating that , "Any further subdivision will be subject to the development allocation process under the provisions of Proposition 3"R` as implemented by City ordinance . " SECTIO VI - SEVERANCE If any section-, sentence , clause or phrase of this ordi- nance r i-nance is for any reason held to be invalid or unconstitutional , the remaining portions of the ordinance shall not be affected thereby. This ordinance and each section, sentence , clause and phrase hereof would have been prepared , proposed, adopted, approved and ratified irrespective of the fact that any one o more other sections , sentences , clauses or phrases could be dec-l.ared invalid or unconstitutional .. SECTION VII - REPEALS Most of the: substance of this ordinance has already been; enacted by the City in Ordinances 1680 , 1717 , 1742, 1748 , 1788 , 1801 , 1818 and 1825 . The areas in which major substan- tive changes are here made are agricultural preservation, design, relationship to public services , and in the time limits for 1984 allocations . However, in order to allow citizens , developers and City staff members to comprehend the interrelationship of and comply with these requirements , it appears better practice to compile them all in one place for ease of reference . For this reason, this ordinance replaces prior point system ordinances, and: Ordinances 1.788, 1801, 1818 and 1825 are hereby repealed,, SECTION VIII - PUBLICATION 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 Redlands . Mayor of the City of Redlands -1. - i , Lorrie Poyzer, City Clerk, City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a ,regular meeting thereof held on the 15th day of may, 1984 , by the following vote: AYES. Coun ilm mbers Johnson, DeMirjyn, Martinez , Larsen; Mayor Beswick NOES • None ABSENT: None Cffy lerk, Ordinance o, 1843 -17-