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HomeMy WebLinkAbout5390_CCv0001.pdf RESOLUTION NO, 5390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ANIS REQUESTING THE BOARD CSE SUPERVISORS CSE THE COUNTY OF SAN BER.NARDINC TO CONSOLIDATE SAID ELECTION WITH THE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 1997 WHEREAS, under the provisions of the laws relating to General Law cities in the State of California, a,General Municipal Flection may be held on Tuesday, November 4,1997, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the qualified eaters a question- relating to principles of managed development; NOW, THEREFORE, the City Council of the City of Redlands, California, does hereby resolve, declare; determine and order as follows; SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Lav cities within said State there is called and ordered to be held in the City of Redlands, California, on Tuesday, November 4, 1997, a General Municipal Election for the purpose of electing gree ( } Members of the City Council for the full term of four' years; SECTION 2. Pursuant to authority provided by statute, a petition has been filed with the legislative body of the City of Redlands, signed by more than tete (10) percent of the number of registered voters of the City to subject a proposed ordinance entitled An Initiative Ordinance of the People of Redlands Establishing Principles cif Managed Development; the City Clerk caused the records of registration to be examined and ascertained that the petition was signed by the requisite number of voters and has so certified, the City Council has not voted in favor of the adoption of the ordinance, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters; and the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Flection the following question. Shall the initiative ordinance entitled Yes An Initiative Ordinance of the PeolV (?`Redlands Establishing Principles of Managed evelol)ment be adapted`? No Pursuant to Section 9217 of the California Elections Code, this ordinance shall become a valid and binding ordinance of the City only if a majority of the eters voting on the ordinance vote in its favor. SECTION 3. That the proposed measure submitted to the qualified voters is attached hereto as Exhibit A and made a part thereof: SECTION 4. That the last day for receipt of primary arguments for or againstthe measure not exceeding 300 words has been established at ':00 P.M. on August 14, 1997, in the City Clerk's Office, Civic Center, 35 Cajon Street, Suite 4, Redlands, California, and signed by each proponent and by each author, if different, of the argument in conformance with provisions of Section 9600 of the California Elections Code. Arguments,may be changed or withdrawn by their proponents at any time prior to and including the final date fixed for filing arguments. SECTION 5. That pursuant to Sections 9220 and 9283 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument:in favor, The authors may prepare and submit rebuttal arguments not exceeding 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeps to rebut: SECTION h. That the last day for receipt of rebuttal_arguments has been established as :00 P.M. on August 21, 1997, in the City Clerk's Office, Civic Center, 35 Cajon Street, Suite 4, Redlands, California, and signed by each proponent and by each author, if different, of the rebuttal argument in conformance with the provisions of Section 9603 of the California Elections Code.. Rebuttals may be changed or withdrawn by their proponents at any time prior to and including the final date fixed for filing rebuttals, SECTION 7. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shallprepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 8. That the City Clerk of the City of Redlands is hereby authorized, instructed, and directed to procure, and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. SECTION 9. That the polls for said election shall be open at 7:00 A,M. of the day of said election and shall remain open continuously from said time until 8:00 P.M. of the same day when said polls shall be closed, except as provided in Section 14401 of the California Elections Code, SECTION 10. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 11. That notice of the time and place of holding of the election is given and the City Clerk is hereby authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 12. That the ballots to be used at the election shall be in form and content as required by law; SECTION 13. That pursuant to the requirements of Section 10400 of the California Elections Code', the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of said General Municipal Election with the County of San Bernardino election to be field on said date, and within the City the precincts and polling places for the General Municipal Election shall be the same as those provided for in said County. SECTION 14. That the Board of Supervisors of said County is hereby requested to issue instructions to the Registrar of Voters of said County to take any and all steps necessary for the consolidation of the General Municipal Election with said County election. SECTION 15, That the Registrar of Voters of said County is authorized to canvass the returns of the General Municipal Election, and the election shall be held in all respects as if there were, only one election, and only one form of ballot shall be used. SECTION 16. That the City Council of the City of Redlands recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs, SECTION 17. That the City Clerk of the City of Redlands is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Bernardino. ADOPTED, SIGNED AND APPROVED this I st day of July, 1997. Mayor of the Ci ly of Redlands ATTEST: City erk 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 1st day of July, 1997, by the following vote: AYES: Councilinernbers Gilbreath, Cunningham, Banda; Mayor Larson NOES: None ABSENT: Councilmember Gil ABSTAINED: None Citi y:l i"y Cxk� EXHIBIT A The people of the City of Redlands do hereby ordain as follows: SECTION I. PURPOSE AND FINDINGS A. The purpose and intent of this initiative measure is to establish comprehensive and inviolable principles of managed development for the City of Redlands that will preserve, enhance and maintain the special quality of life valued by this community. The principles of managed development established by this initiative measure assure that future development within the City of Redlands occurs in a way that promotes the social and economic well-being of the entire community. B. The unique character of the City of Redlands as a quiet university town surrounded by agricultural and citrus producing lands is cherished by its residents. Residents of Redlands perceive the City as a community of homes where grown children are eager to return to raise their families. C. The residents of the City of Redlands particularly value the quality of education provided to children in this community. Redlands schools have received some of the most coveted awards granted by the State of California for excellence in education. Property values within the City of Redlands have remained strong because of the strength of the Redlands public school system. Uncontrolled high density urban development will result in overcrowding of public school facilities and undue burdens on other public school resources that will have a deleterious effect on the quality of education that can be provided. Unless such growth is properly managed, taxpayers will be forced to choose between paying higher taxes to expand public school facilities and services, or accepting a dramatic reduction in the quality of education provided in this community. D. The residents of the City of Redlands view undeveloped areas in San Timoteo Canyon as a prime resource for water conservation, recreational and equestrian uses and as a wildlife refdae. Because of the unique nature of this area and its fragile ecology, strict limitations on residential density and careful planning are mandatory if the area is to be retained in as natural a state as possible. Its potential for use as part of a regional flood control system must only go forward with a creative and environmentally sensitive approach in design so that development of any sort preserves this resource for the community. E. The churches, private and public schools, including the University of Redlands, existing hospitals and existing public recreational and social facilities owned and operated by organizations such as the YMCA and the YWCA in the City of Redlands are highly valued e6ucational, social and cultural resources to the community and its youth that promote the health, safety and welfare of the City. Accordingly, to the extent that expansion of existing facilities or development of sites owned by such entities as of March 1, 1997, provides only 1 dormitory, staff housing or senior congregate care facilities and is otherwise non-residential in nature and furthers the primary institutional purposes of those entities, such institutions are exempt from certain provisions of this initiative measure. F. Construction of new Will residential development on existing lots of record as of March 1, 1997, rehabilitation, remodeling and additions to existing single family residential structures, and reconstruction or replacement of any uses to the same density, intensity and classification of use as exists on the Effective Date of this measure are of only minimal concern to the residents of the City of Redlands and are therefore exempt from the provisions of this initiative measure. G. Preserving the character of Redlands for future generations requires sound development policies and standards that control urban growth so that it occurs in a way that preserves and enhances the quality of life now enjoyed by residents of the City of Redlands. H. High density residential developments approved in recent years, comprised primarily of apartment buildings and other multi-family projects, have encouraged a more transient and mobile population in Redlands that has in turn led to spiraling crime rates, overcrowded schools, and an overall degradation of the quality of life valued in Redlands. Tax rates have been increased to cover the costs of providing police and fire services and bond issues have been repeatedly submitted to the electorate to construct new school facilities to meet the needs of a burgeoning community. 1. Uncontrolled high density urban development will permanently alter the character of the City of Redlands and threaten the public health, safety and welfare by causing increased traffic congestion, associated air pollution, noise, and higher crime rates. Costly expansion of public facilities and services, including police and fire services, will be required to meet the needs of a rapidly urbanizing community. This will create inevitable conflicts between urban and agricultural uses within the City of Redlands and will, permanently alter the quality of life experienced by its residents. L This initiative measure is consonant with and furthers the purpose and intent of Proposition R, approved by the voters in 1978, and Measure N, approved by the voters in 1987 with regard to the preservation of agricultural land. In addition, it furthers the explicit policy of the State of California set forth in California Government Code Section 51220 which reads in relevant part as follows: ". , . [T]he-discouragement of premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest and will be of benefit to urban dwellers themselves in that it will discourage discontiguous urban development patterns which unnecessarily increase the costs of community services to community residents. [I]n a rapidly urbanizing society agricultural lands have a definite public value as open space, and the preservation in agricultural production of such lands, the use of which may 2 be limited under the provisions of this chapter, constitutes an important physical, social, esthetic and economic asset to existing or pending urban or metropolitan developments." K. This initiative measure continues to allow sufficient development of housing consistent with existing zoning within the City of Redlands to meet the City's regional fair share housing obligations for the foreseeable future. L. This initiative measure establishes principles of managed development within the City of Redlands to accommodate growth over time in a manner that will not lead to a deterioration of the quality of life now enjoyed by the citizens of Redlands and that promotes the public health, safety and welfare. SECTION 2. GENERAL PLAN AMENDMENT A. ESTABLISHMENT OF NEW SECTION "IA&PRINCIPLES,OF MANAGED DEVELQPMENT" To effect the purpose of this measure and to address its findings, the existing general plan as adopted by the Redlands City Council on October 17, 1995, as amended through March 1, 1997 (the "Redlands General Plan") is hereby amended by the addition of the following section "l.A.0 Principles of Managed Development" to appear after section "I.0 Setting and Organization" and before section "2.0 Growth Management Element": "IA.0 PRINCIPLES OF MANAGED DEVELOPMENT 1A.10 PRINCIPLE ONE - The cost of infrastructure required to mitigate the effects of new development shall be paid by that new development. (a) Development Fee Policy - In accord with the provisions of California Government Code Sections 66000 et sem., all development projects as defined therein shall be required to pay development fees to cover 100% of their pro rata share of the cost of any public infrastructure, facilities or services, including without limitation police and fire services, necessitated as a result of such development. The City Council shall set and determine development fees sufficient to cover 100% of the estimated cost of such public infrastructure, facilities and services based on appropriate cost-benefit analyses as required by the provisions of California law. (b) Socio-Econornic Cost/Benefit Study and Findings Required - Every development project proposal requiring a General Plan Amendment, Zoning Amendment, Subdivision Map, Specific Plan or, for projects involving structures larger than 5,000 square feet, Conditional Use Permit approval, shall submit a socio-econornic analysis and cost/benefit study, which shall also be included in all environmental documents submitted to the extent permitted by law, identifying the source of funding for necessary public infrastructure and reflecting the effect of such development on the City, as part of the application process. 3 The City Council shall publish notice of and hold at least one public hearing at which the public may appear and be heard to consider the socio-economic cost/benefit study. Approval of the development project shall only occur if the socio-economic study finds and determines to the satisfaction of the City Council that the development project 1) will not create unmitigated physical blight within the City or overburden public services, including without limitation the sufficiency of police and fire protection, and 2) the benefit of the development project to the City outweighs any direct cost to the City that may result. The City Council may, however, approve a development project for which the socio-economic study fails to make the required findings or determinations if the City Council finds and determines upon a 4/5ths vote of its total authorized membership that the benefits to the City from the development project outweigh the negative socio- economic effects that may result. (c) Impacts of New Development on Public Schools Shall be Mitigated - A mandatory component of the socio-economic cost/benefit studies shall be an analysis of the effect of the proposed development on public school facilities and resources, and shall include proposed measures to mitigate any identified adverse impacts on school facilities to the greatest extent permitted under California law. IA.20 PRINCIPLE TWO - Development within the planning area and sphere of influence of the City of Redlands shall conform to development standards within the City. (a) Development Agreements - All development agreements entered into by the City and developers pursuant to California Government Code Sections 65864 !a see . after the Effective Date of this initiative measure as defined in Section 3 hereof, shall conform to the policies contained in the Redlands General Plan. (b) Extension of Public Utilities Outside the City Limits - No extension of City- provided utility services to areas outside the City limits shall occur until such areas are properly annexed to the City, except that utility services may be extended to areas outside the City limits without prior annexation if all of the following conditions are met: 1. The area to be served is not contiguous to the City of Redlands; and, 2. The City and the land owner have entered into a properly recorded and binding pre-annexation agreement establishing covenants running withthe land that assure full compliance with all development standards of the City of Redlands, payment of all capital improvement and other development fees which would be applicable to the property if it were within the City limits at the time of extension of such services, and immediate processing of annexation to the City at the City's request; and, 3. The land owner agrees as a condition of extension of utility facilities to serve the proposed development to pay the full cost of such extension of such utility facilities. 4 IA.30 PRINCIPLE THREE - Land use classifications set forth in the Redlands General Plan provide for an appropriate range of densities for residential development and intensity of commercial and industrial development in the City of Redlands. (a) Number of Land Use Classifications and Density Standards Shall Not Be Increased - The density standards set forth in Paragraph 4.40, "Residential Land Use Classifications," of Section 4.0, Land Use, Element, of the Redlands General Plan shall not be increased, and no new residential land use classification shall be added, without a vote of the people. (b) Prohibition on Transfers of Density - In order to assure that development occurs in a rational way, no transfer of residential development rights from lands other than those designated for single family residential shall be permitted, and then such transfers of single family residential density shall only be permitted to create or preserve agricultural, open space, school or park uses. 1A.40 PRINCIPLE FOUR - Agricultural uses of land are important to the culture, economy and stability of the City of Redlands and shall be preserved to the greatest extent possible consistent with the will of the people as expressed in Proposition R and Measure N, and consistent with the policies of the State of California set forth in Government Code Section 51220. 1A.50 PRINCIPLE FIVE - Preservation of San Timoteo Canyon as a water conservation, recreational, equestrian and wildlife refuge resource for residents of the City of Redlands is essential to the health, safety and general welfare of the community. Development in this area shall only occur in a manner that preserves the area in as natural a state as possible, whether such development is for residential, commercial or flood control purposes. IA.60 PRINCIPLE SIX - Limitations on traffic levels of service and use of designated roadways, restrictions on permanent outdoor advertising signs and the proliferation of billboards, imposition of reasonable noise standards in residential areas and control of slope, densities are essential to managing growth within the City by preventing undue urbanization and its attendant urban blight, the degradation of public services and the over-intensive development of land. (a) Levels of Traffic Service throughout the City Shall Be Maintained - To assure the adequacy of various public services and to prevent degradation of the quality of life experienced by the citizens of Redlands, all new development projects shall assure by appropriate mitigation measures that, at a minimum, traffic levels of service are maintained at a minimum of LOS C throughout the City, except where the current level of service is lower than LOS C, or as provided in Section 5.20 of the Redlands General Plan where a more, intense LOS is specifically permitted. In any location where the level of service is below LOS C at the time an application for a development project is submitted, 5 mitigation measures shall be imposed on that development project to assure, at a minimum, that the level of traffic service is maintained at levels of service that are no worse than those existing at the time an application for development is filed, except as provided in Section 5.20b. (b) Collector and Local Street Standards Shall Be Maintained - Flo development project shall be approved which will generatetraffic volume on residential collector streets or local residential streets in excess of the standards set forth in the>Redlands General Plan at Sections 5.32a and 5.32b. Roadways shall be designed and designated for use in accord with the standards set forth in GP Figure 5.3 of the Redlands General Plan. (c) Circulation Patterns Shall Protect Residential Neighborhoods from Increased Traffic Congestion - Traffic circulation patterns shall be established and maintained within the City in a manner that protects the character of residential neighborhoods as set forth at Sections 5.30i, 5.30j and 5.30k of the< Redlands General Plan. Major infrastructure improvements within the City designed to accommodate regional traffic needs shall be designed, constructed and financed in a manner which discourages increased traffic flows through residential neighborhoods, encourages traffic flows to existing freeway systems and makes prudent use of federal and local taxpayer dollars. The City Council shall coordinate with the San Bernardino Association of Governments (SANBAG), the Inland Valley Development Authority (IVDA) and the City of San Bernardino with regard to all Santa Ana river crossings, except the Orange Street crossing, to assure the development of California Street/Mountain View Avenue as a major arterial providing access to the San Bernardino International Airport. (d) Designated Scenic Highways within the City Shall Be Maintained - Where improvement of any scenic or historic drive, highway or roadway is required, the City shall take all action authorized by California law to ensure that those roadways retain the characteristics which justify their designation as scenic or historic roadways, including without limitation, capacity restrictions, (e) Pernianent Outdoor Commercial Signs Shall Be Limited in Size - To accommodate the need for permanent outdoor commercial signs in a manner that provides the least intrusion on the community and the least risk of visual blight, no permanent outdoor cornmercial sign shall be approved that exceeds 120 square feet in size except by variance and/or conditional use permit approved by a four-fifths (4/5) vote of the entire authorized membership of the City Council. No "readerboards" or "billboards" shall be permitted. (f) Noise Standards in Residential Areas Shall Be Established to Protect Residential Use of that Land - /among the most damaging aspects of high density residential development is a degradation of residential noise standards. Accordingly, noise standards must be stringent enough to assure residents reasonable quietude in their homes. 6 (g) Slope Density Limitations Shall Be Maintained - To preserve the hillside vistas and character of the City of Redlands, no development project shall be approved in the Hillside Overlay areas that is inconsistent with the slope density standards set forth in Section 4.42m of the Redlands General Plan." B. EXEMPTIONS 1. Vested Projects. This initiative measure shall not apply to or affect any property on which a vested right has been legally perfected and acquired prior to the Effective Date pursuant to state law. 2. Special Categories of Development. The provisions of this initiative measure shall not apply to the following: A. New individual infillconstruction of single family homes on existing lots of record bounded by developed property as of March 1, 1997; B. Rehabilitation, remodeling or additions to existing single family residential structures; C. Reconstruction or replacement of any uses to the same density, intensity and classification of use as existed on the Effective Date, including legal non- conforming uses; D. Development directly related to proposed Metrolink stations in the City of Redlands, including one at the University of Redlands; E. New development projects subject to the Downtown Specific Plan 45, upon a four-fifths (4/5ths) vote of the total authorized membership of the City Council; and F. Special, temporary or occasional uses of public streets including parades, local. sporting and cultural, events, graduation ceremonies, approved school activities and other occasional public gatherings. 3. Exemptions from Traffic and Socio-Economic Study Requirements Only. Development projects that directly further the primary institutional purposes of churches, hospitals, schools (including private schools and universities), and organizations such as the YMCA and YWCA, on sites held by Such entities as of March 1, 1997, are exempt from the traffic level of service requirements and the requirement for a socio-economic study established by this initiative measure so long as Such development projects are either 1) non- residential in character, or 2) provide only dormitory, staff housing or senior congregate care facilities for those exempt entities. 7 C. GENT-RAL PLAN INTERNAL TEXT AMENDMENTS CONFORMING TO AND BIPLEMENTING PRINCIPLES OF MANAGED DEVELOPI\4ENT To implement the principles of managed development established by the people by adopting this initiative measure, certain provisions of the text, figures and tables of the Redlands General Plan are hereby amended to assure internal consistency as required by California law. In addition, this measure reaffirms and ratifies certain provisions of the Redlands General Plan so that in the future any amendment to the Redlands General Plan must be consistent with those provisions unless such provisions are repealed by a vote of the people. Text additions are shown in underline and deletions are shown in stfike- ott . 1. SECTION 2.0, GROWTH MANAGEMENT ELEMENT Page 2 1. The first paragraph following Table 2.1 in the Section entitled "Population" is hereby amended as follows: "As can be seen, population in the City of Redlands has grown over the last twenty- four (24) years. Based on Department of Finance data, the average annual growth rate between 1980-90 and 1990-94 was 3.8 and 2.4 percent, respectively. Based on existing population, projected number of dwelling units and persons per household, although it is impossible to predict the exact population of the City of Redlands under the provisions of this General Plan it is estimated that the City of Redlands could WiR have a population of 101,644 at buildout. It is anticipated, however, that implementation of this growth management element and-,oth,er,..j2rovisions of the Cieneral Plan wall reduce-the likelynumb��r ,Qf.LesidenLs_at buildout to =roximatgly 20,OQQ." 2. The first paragraph in the Section entitled "Housing" is hereby amended as follows: "According to the 1990 Census, the Planning Area (City of Redlands and Sphere of Influence) had a total of 26,362 dwelling units. Between 1991 and 1994, the City of Redlands recorded an increase of 544 dwelling units, an increase of 2.0 percent, bringing the total to 26, 063. It is projected that total housing units for the City of Redlands at buildout of the General Plan could be as many as w4-4e 36,414. It is gn,ticipated,,_ however,, that implementation of this _growth_ managetrit'nt gIgment and other._proviign,s,o icanily, reduce the number of JIh!�_ Qengral, Plan will ,signif L libel dwelling,units at,buildout to approximately 32,000." 2. SECTION 4.0, LAND USE ELEMENT Insert New GP Figure 4.5 which is attached to this initiative measure as Attachment I is hereby incorporated herein by this reference and is hereby added to section "4.0 Land Use" of the Redlands General Plan as an unnumbered page following GP Figure 4.4. 8 Page 1 1. The first sentence of the paragraph entitled "Population and Job Holding Capacity" is hereby amended as follows: "The pepulatioti withifi tii Planning Area at General Plan Buildout will accommodate approximately 90,Q slightly--&vef 101,00-0 residents and enough nonresidential floor area for more than 100,00 +09-,900 jobs." 2. The first sentence of the first paragraph of Section 4.30 Land,Use.Classifications is hereby amended as follows: "The General Plan Diagram, GP Figure 4.1, depicts 4-S 16 categories of land use: rural living; very low density; low density; low medium density; high density; office; commercial; commercial/industrial; light industrial; public/institutional; parks/golf courses; agriculture; flood control/construction aggregates, conservation/habitat preservation; resource preservation; and resource conservation." Page 6 The definitions of "Medium Density" and "High Density" set forth in Paragraph 4.40, "Residential Land Use Classifications,"' are hereby amended as follows: "Medium Density - The Medium Density category designates from 0 to 15.0 units per gross acre. The intent of the Medium Density land use category is to provide areas for the development of attached, detached and/or mixed residential uses with a range of densities and housing types. At the uppef end of the fftnge apat4fflent- --iA eupy abatif 85 per-eent of the gfoss afeft of a site er-eatiflg ft density ef 1:7.6 oftits V net aefe. Single f�tffiily atteehed onits typiea4ly would be ift the 6 to 8 units pef gr-e aefe fange. Some &tistitig- Hielaile hetiie pafks afe in the Medittni Density fftnger Areas des;gnaLedMedium Density are generally more suitable for, &yglopmgnt in the low- to mid-level of the permitteddensi1y range for this category. High Density - The High Density category designates from 0 to 27 units per gross acre. The intent of the High Density land use category is to provide for the development of attached, detached and/or mixed residential uses with a range of densities and housing types. Areas designated High Density are generally more suitable, for, development at the m,id- to hi gh-level of the densisly Mnge, for this cats goLy. No proposed develooment project with densis y levels in excess Qf A dwelling units to the acre or a structure.,in ,gxpess of two stories or greater than 35 feet in height shall be aPpLoved, unless the following mandatory findings are made and the development pro-Ject is UprQvedby four-fifths (4/5) vote of the total authorized' membership of the City Council: 1. There are substantial and overriding economic or social benefits to the City and its residents and tax oavers from the -Droposed density or height increase. 9 2. The proposed dgnsijy,qrheight increase will not cause adverse environmental iMDacts, either individually or cumulatively, directly or indirectly. 3. The proposed density or height increase will not have a growth-inducin&g-f—fect on other proWrty. 4. The resulting use will be,corn pgtihlt, with uses.Qn adjacent land. 5. The Dronosed den si t,y_pL height increase will,not re wire substantial exl2ansion of public infrastructure facilities.,or.Senices." Page 8 1. Section 4.40q is hereby amended as follows: "Plan for a housing mix at buildout consisting of 7. 5 69 percent 1:7ow , Vefy J=ow, ftfld Reffil T=Mn single familydwellingunits and 25 R percent High, Meditiffi and ,I=e .,.-edittm -Detisitymulti-fa Wily dwelling units." ni-s j9equey ft�e� ftq deov4ty ftef hetf iog P Gq�ffeqtoetf4y, aff*ehe,4 units of nie hemes af feiver thein 6 unio pef-gowsis oeie "uA4 not be e4q�et4&s Afe&mm Detffiiy-. A4#h, Me&tmi a,,fd bew M-et4itmf Den:9iiy areas, d-e4gnated eff, Me Gener*! 446 Didgr*ffl wiR aeee"Imedftfe 41090 0,4d4tionlql htqtt�iHg _111.4- 2. The non-italicized portion of Section 4.40s is hereby amended in its entirety as follows- "No land.-un,develQped as of March 1, 1997 and designated in whole or, in-part ,as - "Urban Reservg" or "Urban Reserve (Agricultural)" in, the Redland&general_plan in effect as of June 11,987and/or any land parcel that was in active agricultural production on November _3l,q86rte gardles5of-zoning, shall be re-deajghated_gr rezoned to-.-permitresidential densis v ereater than the Estate Residential gLaasificgtion, as the same existed on June 1, 1987, in the Redlands City Zoning Qrdinance,unless the following mandato Ey findings are, made and the re-designation Qr,rezoning is a-Doroved by four-fifths (4/5) vote of the total authorized mernbtrship of the City Council, Land designated by the Geflefft! Pleft fts Ufbafl Reseree fts of 4tin 1; 1987, shall not &�eeed Et deftsity highef tha.n peffliifted by the R 1; tefle design efliess othe i iee4 �y ft 44 vole or the Gity Goutielll. 1. Theregre sutstantig], and,overriding,economic or social benefits Lo.,,the,Cit y_and its resideTiLs and. tax paygrs,from the proppsed,densitv increase. 2. The pmposed.1density increase \A,"ill not cause adverse gnviLonMental, iMpacts either individually Or CLImulativelv. directiv or indirectiv. 10 3. Theproposed density increase will not convert viable agricultural land to non- agricultural uses. 4. The proposed density increase will not have a growth-inducing effcgtQnothgr pLopgrty, 5. The resulting use will be compatible with uses on adjacent land. 6. The proposed density increase will not require substantial expansion of public infrastructure, facilities or services." Page 9 New paragraphs 4.411 and 4.41j are hereby added to Section 4.41, "Southern Area Hills and Canyons (Live Oak and San Timoteo Canyons)," to read as follows: "4.41i., That portion of San Timoteo Creek, as defined by its floodway easements or flood control Leg title, lying within the corporate boundaEy of the Cit, is h b - �t� dg,claredLo Resource Preservation land and shall be reserved for the, u pLm uses of 2g, p - promoting Wildlife preservation, open Vace ,recreation andwater _go_n,servation. kL0 fencing or other barriers shall be. d rmittp in this Resource Preservation area that _M � impede or limit access to the free crossing or use of the area by wildlife or its use for open space recreational purposes. 4.41-j. All parcels of land encomDassed within the area identified on GP figure 4.5 are subJect to the residential density limitations set forth in Section 4.42m and are hereby designated as Resource Preservation as defined in Section 4.96. Page 29 The provisions of Section 4.42m are hereby reaffirmed and ratified as follows: "4.42m Density within the Southeast Area Plan shall be as follows: slope Acres/Dwelling Unit 0 to 15% 1.0 acre * 15 to 30% 2.5 acre *30% 10.0 to 5.0 acres" Page 36 The non-italicized portion of Section 4.62b is hereby amended as follows: "Provide sufficient roadway and intersection capacities to maintain a minimum Level of Service (LOS) C except as provided in policy 5.20b whefe (1=091 e d f�ef wj� of the t��e pe-k pe6ods, In areas where the current level of service is below the LOS C standard. Drovide sufficient roadway and intersection capacities to maintainat a minimum., ithe LOS existing-as_of,the time,.an =lication 11 for develQpmgnl is filed and to assure that the level of service is.,,not degraded to a reduced LOS except as provided in Section 5.20b." Page 44 A new Section 4.96 entitled "Resource Preservation" is hereby added as follows: "Resource Preservation. The Resource Preservation designation limits uses in whichassessa unique character and,fragile ecology which are Drime resources_for water consgryation,, wildlife preservation, open space recreation and agriculture. Preservation ofsuchlands is essential to the health, safety and welfare of the community. Limited-permitted uses,include remote commercial recreational facilities, such as equestrian facilities.,a5,envisioned in Section 4.64; postal offices, public,safeiy facilities, educational facilities and,public utilities as envisioned in Section 4.94; and open space uses described in Section 4,95., Residential uses are permitted but denLity shall be limited to that allowed:b _Section..4..42m to protect the character and ecolgU of such lands," 3. SECTION 5.0, CIRCULATION ELEMENT Insert New GP Figure 5.3 which is attached to this initiative measure as Attachment 1 is hereby incorporated herein by this reference and is hereby added to section "5.0 Circulation" of the Redlands General Plan as an unnumbered page following GP Figure 5.2. Page 4 Sections 5.20a, 5.20b and 5.20c which are listed as "Guiding Policies: Standards for Traffic Service" are hereby amended as follows: "5.20a—Stfiv --- Maintain LOS C or better as the standard at all intersections presently at LOS C or better, with LOS mefe thafl thfee hotifs the day (ft.m., p i ffi.; ftfid neeft peaks�. 5.20b Within the area .,identified in QP Figure 5.3, includinp, that unincorporated County area identified on GP Figure 5.3 as the "donut hole," *-w 44'e Getw4dop Nj9ee0e P�wt ft", , stfive te: maintain LOS C or better; however, accept g reduced LOS 14 on a case by case basis upon approval by a four-fifths t4/Sths),vote of the total authorized membership of the Cit Councilep to eHe hattf of eaeh -Ift'..' peftk pefie4. 'Y 5.20c Where the current level,of service at a location within.the, d it , f R , s C- Y 9 Redlands i below the Level of Service (LOS) C standard, no develoDment vroiect shall be aDT)roved that cannot be miti2ated so that it does not reduce the existine level of service at that locationexcew as Drovided in Section 5.2tab."Stf.9iYe to Nlaintftin LOS G within the Git- of Red!ftfid s. a-eeept 14A 9 dtifift 12 Page 7 1. Section 5.30g is; hereby amended as follows': "5.30g Est latish the alignment of San Timoteo Canyon Road in the vicinity of Barton Road at the common boundary between Redlands and Loma Linda so that San Timoteo Canyon Road_connects to California.Street at Barton Road." 2. New Sections 5.30i, 5.30j and 5.30k are hereby added to Section '5.34 Circulation Network and Classification" to read as follows: "5.30i Establish and maintain traffic_circulation attgrns that protect the character of residential neighborhoods. _5.301 Design major infrastructure improvements to accommodate regional traffic needs in a manner which discourages increased traffic flows through residential nei hborhoods encoura es traffic_ flows to existing freewa s stems an assures rudgnt use of federal and local tax a er dollars. .30k In terrier to assure that the circulation policies established by the Redlands General Plan as set forth in Table 5.2 are implemented, including without. limitation establishment of California Street as a major arterial the City Council shall coordinate with SANBAC. the IVDA and the City of ,San Bernardino with regard to all Santa Ana river, crossings. excet)t the Orange Street crossing, to assure the development of California Street/Mountain View Avenue-,,,as ,,,a,, ma`or arterial rovidin access to the San Bernardino International Airport." Page 8 The provisions of Sections 5.32a; and 5.32b are hereby reaffirmed and ratified as follows: "532a Design residential collector streets and implement traffic control measures to keep traffic on collectorsat 3,044 vehicles per flay or less, where possible. 5.3b Design local residential streets and implement traffic control measures to keep traffic below 500 vehicles per day."" 6. SECTION 9.0, NOISE ELEMENT Page 7 The residential sections of Table GP 9;1 are hereby amended to read as follows: GP Table 9.1; Noise/Land Use Compatibility Matrix Land Use Categories Community Noise Equivalent Level CNEL Categories Uses < 60 65 70 75 80 85> RESIDENTIAL Single family, duplex C C D D D Multiple Family RESIDENTIAL Mobile Domes A C; C C DCZ D D Page 8 1. The residential standards set forth in Table G 9.2 are hereby amended to reduce` acceptable residential noise levels from 55 CNEL (Interior) and 65 CNEL (Exterior) to 45 CNEL (Interior) and 60 CNEL (Exterior) as follows: GP Table 9. Interior and Exterior Noise Standard LAND USE CATEGORIES ENERGY AVERAGE CNEL (Community poise Equivalent Level* Categories Uses Interior' Exterior Residential ,Single Family,; 453` 6 Duplex, Multiple Family Mobile Home __ 6 6 2.,. The;footnotes to Table 9.2 are hereby amended as follows: CNEL (Community Noise E uiva nt Level - The average eguivaltnt A- weighted sound level Burin a 4 hour day, obtained after addition cif avoroximatelv five decibels to sound levels in the evening from 7 12m to 10 pM andten decibels to sound levels at night after l m and before 7am 1. Indoor environment excluding bathrooms, toilets, closets, corridors. 2. Outdoor environment limited to private yard of single family as measured at the property fine; multifamily private patio or balcony which is served by a means of exit from inside; mobile home park; hospital patio; park picnic area; school playground-, hotel and recreational area. -3- Noise le�vel r-eqttir-erflent with elesed windews. Nfeehanieit4 Yentilatifig sy*efff of ethef ffie"s of natur-al, ve-nAtila—tion shall be pf�eyided as of Ghaptef 12, Seetion 4205 of U13G. 3.4-. Noise level requirement with open windows, if they are used to meet natural ventilation requirement. 4 -5. Exterior noise level should be such that interior level will not exceed 45 CNEL." Page 9 The section of the Noise Element entitled "Implementing Policies: Noise" is hereby amended by the addition of the following paragraph as an introduction immediately preceding Section 9.0e. "Lptroduction: , In addition to the provisions of the following sections, 9.0e through 9.0z, it is the policy, of the City of Redlands that no land use adiacent to existing residential landshallgenerate noise in excess of the, esid ntial_fNEL levels if _L_ ��_ 5pec ied in Table q.1 and Table 9.2 of this Noise Element unless apl2rol2riate mitigation measures are imMsed to reduce the noise levelpn..ad-jacent residential property to the standards set forth in Tables 9.1 and 9,2." SECTION 3. INMPLEMENTATION A. On the effective date of this initiative measure as provided by California law (the "Effective Date"), all provisions of the general plan amendment set forth in Section 2 of this initiative measure are inserted into and becorne part of the Redlands General Plan, except that, if for any reason the four amendments permitted by state law to be made to the mandatory elements of the Redlands General Plan have already occurred prior to the Effective Date, the provisions of the general plan amendment set forth in Section 2 of this initiative measure shall become a part of the Redlands General Plan on January 1, 1998, B. No development shall occur, be permitted or approved which incorporates or is based upon any provision of the Redlands Municipal Code which is inconsistent the provisions of this initiative measure after the Effective Date. C. Except as provided in Section 4 below, any amendment to the Redlands General Plan adopted after March 1, 1997, that is inconsistent with this initiative measure is hereby repealed and declared null and void as of the Effective Date of this initiative measure, 15 D. Except as provided in Section 4 below, upon the Effective Date, all general plan amendments, rezonings, specific plans, tentative or final subdivision maps, parcel maps, conditional use permits, building permits or other ministerial or discretionary entitlements for use, shall not be approved or issued unless consistent with the policies and provisions of this initiative measure. SECTION 4. NO UNCONSTITUTIONAL TAKING A. This initiative measure is not intended, and shall not be applied or construed to authorize the City to exercise its powers in a manner which will take private property for public use without the payment of just compensation, but shall be interpreted, applied and implemented so as to accomplish its purposes to the maximum constitutionally permissible extent without requiring payment of compensation. B. If application of this initiative measure to a specific property of record as of the Effective Date would create a taking, then the City Council may, upon application by the landowner, allow additional density or uses on such property, upon findings that the level of additional development permitted is the minimum necessary to avoid a taking, and no lesser level of development would be sufficient to avoid a taking, SECTION S. SEVERABILITY A. In interpreting this initiative measure or resolving any ambiguity thereof, the City Council and all other city entities charged with implementing or enforcing this initiative measure or any part of it, as well as any reviewing court, shall interpret this initiative measure in the manner which most vigorously and effectively accomplishes its purposes and operative provisions. B. If any portion of this initiative measure is hereafter determined to be invalid by a court of competent jurisdiction, all remaining portions of this initiative measure shall remain in full force and effect. Each section, subsection, sentence, phrase, part or portion of this initiative measure would have been adopted and passed irrespective of the fact that any one or more sections, subsections, sentences, phrases, parts or portions be declared invalid or unconstitutional, SECTION 6, AMENDMENT AND REPEAL This initiative measure and all of its provisions may be amended or repealed only by a majority vote of the electorate, GP Figure 4.5 and GP Figure 5.3 are attached as Attachments I and 2, respectively. 16 Attachment P Figure 5.3 Beginning at the intersection of the City of Redlands' western City Limit and Redlands Boulevard (Point A)'; thence easterly along the northern right-of-way limit of Redlands Boulevard to tfia' intersection of New York Street (Point 8): thence northerly along New York Street t and New York street extended to the intersettion of Lugonea Avenue; thence easterly on Lugonia Avenue to i the 'intersection of Karon Street, thence northerly on Karon Street and Karon Street extended to San Bernardino Avenue (Point Cl, thence wester!Y along the southern right-of-way limit of San Bernardino Avenue to the first City Limit line of the City of Redlands encountered in a westerly direction (Point 01 thence � westerly and then northerly along the City Limit of r t=t Redlands to the point at:which the City:Limit Ilea turns westerly around the unincorporated 'San Semardirttt County area commortly known as the "donut hole"; t . thence northerly along State Route 30 to the City Limit of Redlands (Point E); thence southwesterly along the City ; Limit of Redlands to Mountain View Avenue (point Fl. thence southerly along tate City limit of Redlands to the southern terminus of the western City Limit of Redlands on Mountain View Avenue (Point Gl; and thence southeasterly along the City Limit of Redlands to tate point 1 of beginning "� e