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HomeMy WebLinkAbout3756_CCv0001.pdf RESOLUTION NO. 3756 RESOLUTION ADOPTING NOTICE OF CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT FOR ORDINANCE NO. 1742 IT IS HEREBY FOUND BY THE CITY COUNCIL OF THE CITY OF REDLANDS, as follows: SECTION 1. That the overriding social and community consi- deration and purpose for adopting the Final Environmental Impact Report for Ordinance No. 1742 is that the people of the City of Redlands, by majority vote of its electors, adopted a legislative measure known as Proposition R, and entitled "Initiative Ordinance to Moderate the Rate of Growth Within the City of Redlands to Preserve the City' s Unique Environment and Character. " SECTION 2. A copy of Proposition R is attached hereto as Exhibit "A, " and incorporated in this resolution as though fully set forth as a part hereof. SECTION 3. That the aims and purposes of Proposition R, as declared in Sections 1 and 2 thereof also are incorporated by reference as part of this resolution. BE IT HERESY RESOLVED as follows : 1. That any and all significant effects that may be contained in the Final EIR, or in the appendices thereto, including public comments, are overriden by social and community development con- siderations promulgated in Proposition R which make infeasible the mitigation measures or project alternatives. 2. That, with respect to the specific amendments to the point rating system as contained in Ordinance No. 1742 , this City Council hereby makes specific findings in support of determinations as to any significant environmental effects as follows : (1) Deletion of the 35 minimum points requirements from the "Relationship of Project to Public Services" category and 25 minimum points requirement for the "Environmental and Esthetic Qualities" category with substitution of a minimum total of 70 points for all categories. A stated purpose of the Initiative Ordinance to moderate the rate of growth within the City of Redlands is to select those applications which are superior in overall evaluation for building permit approval. The point rating minimum of 35 for the public service category and 25 for the environmental, category pre- cluded projects which were superior in overall evalua- tion. The substitution of a total minimum of 70 points for all categories in the point rating system estab- lished a method of evaluation directly related to the overall quality of a project. DETERMINATION: No significant environmental effects as defined in appendix E have been identified in conjunction with this change. (2) Deletion of Police Protection category in the "Relation- ship of Project to Public Service" category. The former ordinance (1717) did not contain provisions which would require increased police protection in proportion to new development within the City. While urbanization of the City in the absence of increased protection would have an adverse impact on the safety of its citizens, deletion of the category is not directly accountable for any adverse environmental impacts. DETERMINATION: No significant environmental effects as defined in appendix E have been identified in conjunction with this change. (3) Revised wording in the criteria for allocation of points in the "Sanitary Sewage Collection" sub-category of the "Relationship of Project to Public Service" category. The purpose of word changes in this sub-category was for clarification. (Refer to appendix B prepared by the Public Works Department. ) DETERMINATION: No significant environmental effects as defined in appendix E have been identified in conjuntion with this change. (4) Revise the Architectural Design Variety sub-category of the "Environmental and Esthetic Qualities" category by exception of a mobile home subdivision from point credit. The previous point rating system (Ordinance 1717) provided architectural design variety credit for lot sale sub- divisions. The change deleted such credit for the reason that no basic design variety is inherent in the building profile of mobile homes. DETERMINATION: No significant environmental effects as defined in appendix E have been identified in conjunction with this change. Resolution No. 3756 Page two - (5) Amend Paragraph 9 of Section III of the Procedure for an Allocation of Building Permits to require precise identification of the 50 dwelling units to be constructed on applications showing a potential for more than 50 units . The purpose of this change was to provide a procedure for location of units to be constructed in a project with an ultimate development potential in excess of 50. The procedure will mitigate possible adverse effects of improperly located development within a project. Refer to appendix C for a complete description and analysis of this purpose. DETERMINATION: No significant environmental effects as defined in appendix E have been identified in conjunction with this change. (6) Amend Section V pertaining to Further Guidelines and Procedures by addition of a new Paragraph 2 which requires map notification that projects capable of further sub- division shall be subject to the allocation process. The purpose of this change was to provide notice to prospective purchasers of property of future obligations to comply with the provisions of Ordinance 1680 and any amendments thereto should they wish to further subdivide the property. The change is therefore advisory in nature. DETERMINATION: No significant environmental effects as defined in appendix E have been identified in conjunction with this change. (7) GROWTH INDUCING IMPACT OF THE PROPOSED ACTION The allegation that Ordinance No. 1742 will direct growth to certain areas of the City is unfounded, and speculative. There is no evidence whatever that particular growth patterns will be induced, other than those in conformity with the General Plan. (8) FLOOD HAZARD No changes for the Storm and Flood Drainage category are contained in Ordinance No. 1742 . The point rating system for storm and flood drainage is identical to that adopted as part of implementing Ordinance No. 1680 and is therefore not a subject for consideration. (Ordinance No. 1680 , adopted on February 2 , 1979 was unchallenged as to its legal validity) . Resolution No . 3756 Page three - 3 . It is further found. by this City Council that Ordinance No . 1680, which Ordinance No. 1742 amends , was adopted on February 2, 1979, and that Ordinance No. 1717 , which Ordinance No. 1742 also amends, was adopted on April 1 , 1980 . Each of these dates of adoption is more than 180 days after the decision to approve the said ordinances . 4 . In accordance with Article 7, Section 15085 (2) of the California Administrative Code, the City Council of the City of Redlands certifies that the final Environmental impact Report for Ordinance No . 1742 has been completed in compliance with the California Environmental Quality Act and the State Guidelines and has reviewed and considered the information contained in the Environmental Impact Report. ADOPTED, SIGNED, APPROVED, AND CERTIFIED this 19th day of May, 1981. CITY OF REDLANDS Mayoof ed nds ATTEST:. it rk, Cit of Redl nds Resolution No. 3756 Page four - EXHIBIT "A" INITIATIVE ORDINANCE TO MMEERATE THE :ATE OF GROWTH WITHIN THEE CITY OF REMANDS TO Mlra'S�':_,RVE THE CITY'S UNIQUE ENVIRONMENT AND CMARACTER 'HE PEOPLE OF THE CITY OF REDLANDS DO ORDAIN AS FOLLOWS: Section 1. The people of the City of Redlands find that accelerating and disorderly residential growth 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 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, increased air pollution, deterioration of older urban areas, general urban sprawl, and a substantial increase in the cost of government services. Section 2. The people declare that the foregoing conditions can be avoided,or alleviated by the enactment of the following program of residential construction designed to encourage planned residential growth within existing urban areas and coordinated with necessary public facilities. Section 3. Henceforth, further major subdivision residential development shall be limited in number in each calendar year to a total of four hundred fifty (450) dwelling units including, single family, multiple family, and mobile homes. This limitation shall not apply to individually constructed single family homes, multi- family dwellings containing four dwelling units or less, or commercial and industrial construction. Develop- ments in which more than four of the dwelling units are constructed by the subdivider of any major subdivi- sion, or by his agents or contractors shall not be considered to be individually constructed. Section 4. The City shall accept subdivision development applications in final approval form for each cat-en- dar year at a prescribed time. The City shall competitively evaluate the submitted applications for quality in at least: tract design, architecture and construction, interaction with available city and school services, preservation of agricultural land, low income and minority housing requirements, and price. The City shall select those applications, within the limits of Section 3, which are superior in overall evaluation, for building permit approval. The City shall prepare and adopt the procedure for competitive evaluation within 90 days from data of adoption of this ordinance. Section 5. Previously approved tentative tract plans shall be subject to the competitive evaluation and selec- tion process described in Section 4, and shall have no precedence with respect to other development ap- plications. Section b. The City shall extend water or sewer service to no more than 150 dwelling units outside its corporate boundaries in any calendar year. Section 7. Nothing in this ordinance shall be construed to exempt compliance with the provisions of the Zoning Ordir-nce and any other applicable City Ordinance, regulation or code. Section 8. The provisions of this ordinance shall be held to be the minimum requireman+.s for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare. This ordinace is not in- tended to interfere with, abrogate, annul or repeal any ordinance, rule, or regulation which has been previouwly adopted, and is not in conflict with any of the provisions of this ordinance. Section 9. 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 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.