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HomeMy WebLinkAboutOrdinances_2966ORDINANCE NO. 2966 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING TITLE 17 (SUBDIVISION REGULATIONS) OF THE REDLANDS MUNICIPAL CODE, CHAPTER 17.17 (IMPROVEMENTS), TO MODIFY THE CRITERIA AND REQUIREMENTS FOR UNDERGROUNDING OF UTILITIES. WHEREAS, Ordinance No. 2966 would amend Chapter 17.17 (Improvements) of Title 17 (Subdivision Regulations) of the Redlands Municipal Code to modify the criteria, findings, and other requirements pertaining to the undergrounding of utilities; and WHEREAS, on May 7, 2024, the City Council held a public meeting at which interested persons had an opportunity to testify in support of, or opposition to, Ordinance No. 2966; and WHEREAS, on June 4, 2024, the City Council held a public meeting at which interested persons had an opportunity to testify in support of, or opposition to, Ordinance No. 2966; and WHEREAS, Ordinance No. 2966 is exempt from environmental review in accordance with Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and WHEREAS, after closing the public hearing and deliberating upon the matter, the City Council finds that the proposed ordinance and amendment to the Redlands Municipal Code are in the best interests of the public health, safety, and general welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: SECTION 1. California Environmental Quality Act. The proposed amendment to the Redlands Municipal Code does not require environmental review in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15061(b)(3), this amendment is exempt from environmental review because there is no possibility that the municipal code amendment may have a significant effect on the environment. SECTION 2. Municipal Code Amendment. Redlands Municipal Code Section 17.17.020, entitled "Required Improvements," is hereby amended to read as follows: "17.17.020: REQUIRED IMPROVEMENTS: A. General: In addition to all improvements required as conditions of approval of the tentative map or by city ordinance or resolution, the improvements set forth below shall be required of all subdivisions. Requirements for construction of on site and off site improvements for subdivisions of four (4) or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map. Completion of improvements shall be in accordance with section 17.17.100 of this chapter. 1 I:\Ordinances\Nos 2900-2999 in Word\2966 Amending Title 17 Chapter 17.17 (Improvements)V.2.docx-msv2 B. Frontage Improvements: The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions. C. Storm Drainage: Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed and shall be capable of collecting and conveying runoff generated by a 100-year flood. The storm drain system shall provide for ultimate development of the watershed and shall be capable of collecting and conveying runoff generated by a 100- year flood. The storm drain system shall provide for the protection of abutting and off site properties that would be adversely affected by any increase in runoff attributed to the development. Off site storm drain improvements may be required to satisfy this requirement. D. Sanitary Sewers: Each unit or lot within the subdivision shall be served by an approved sanitary sewer system in accordance with the provisions of this code. E. Water Supply: Each unit or lot within the subdivision shall be served by an approved domestic water system, in accordance with the provisions of this code. F. Utilities: Each unit or lot within the subdivision shall be served by gas, electric, and other necessary facilities. G. Underground Utilities: 1. All existing and proposed utilities within the subdivision or development parcel, and along peripheral streets of the subdivision site or development parcel, shall be placed underground except those facilities exempted by the public utilities commission regulations, or unless specifically exempt from this requirement under subsections a-e below. Undergrounding shall be required for overhead lines on either side of peripheral streets. a. A subdivision parcel map (not including any site development) that creates only two (2) parcels, and does not exceed four gross acres in total area of the subdivision, shall not be subject to the undergrounding requirement or payment of an in -lieu fee. b. Affordable Housing developments, where at least fifty percent (50%) of the dwelling units are reserved for Low- or Very -Low income households, shall not be subject to the undergrounding requirement or payment of an in -lieu fee. c. Parcels with less than three hundred and fifty (350) linear feet of street frontage may pay an in -lieu fee by right for the affected side(s) that is less than 350 feet in length. d. Parcels with greater than three hundred and fifty (350) linear feet of street frontage shall underground the utilities along the affected side(s) that is greater than 350 feet in length, or may request a waiver of undergrounding with the findings contained in subsections (G)(3)(a) and (G)(3)(b) of this section to be made and payment of an in - lieu fee. 2 I:\Ordinances\Nos 2900-2999 in Word\2966 Amending Title 17 Chapter 17.17 (Improvements)V.2.docx-msv2 e. Parcels with an existing private school educational facility to which any modifications, building additions, or site expansions are proposed, shall not be subject to the undergrounding requirement or payment of an in -lieu fee. 2. The developer may request that the undergrounding requirement along peripheral streets be waived by the approving body which may, at its discretion, accept a fee in lieu of the undergrounding. The amount of fee shall be determined by calculating the linear distance of the project site's street frontage and applying the applicable linear foot fee(s) established by City Council. The requirement for undergrounding or payment of an in lieu fee shall be a condition of approval of the tentative map or applicable development permit. 3. Undergrounding requirements may be waived or modified by the approving body only upon making one of the following findings: a. The subdivision or development parcel is within an area where existing utilities have not been undergrounded and that undergrounding is either impractical due to physical constraints; or the surrounding neighborhood is absent of similar improvements; or b. Requiring undergrounding is likely to result in a disproportionate economic impact or time delay that would make the project economically infeasible in the sole discretion of the decision -making body, and based upon substantial evidence submitted by the applicant or developer. 4. A subdivision or development meeting the requirements of subsection (G)(1)(c-d), or where undergrounding requirements have been waived pursuant to subsections (G)(3)(a) and (G)(3)(b) of this section, the in lieu fee as established by calculating the linear distance of the project site's street frontage and applying the applicable linear foot fee(s) established by City Council shall be made a condition of approval of the tentative map. 5. In lieu fees shall be deposited in a special undergrounding account to be used as approved by the city council for future undergrounding of utilities throughout the city. 6. The provisions of this subsection are in addition to, and not in substitution for or limitation of, the provisions of this code. H. Fencing: Each parcel or lot within the subdivision that is adjacent to property containing a public facility shall have an approved fence adequate to prevent unauthorized access between the properties. I. Other Improvements: Other improvements including, but not limited to, grading, street lights, fire hydrants, signs, street lines and markings, street trees and shrubs, landscaping, monuments, bicycle facilities, fences and smoke detectors, or fees in lieu of any of the foregoing, shall also be required as determined by the city engineer in accordance with this code, the general plan and city standards and specifications. J. Off Site Improvements: If the subdivider is required to construct off site improvements on land in which neither the subdivider nor the city has sufficient title or interest to allow 3 I:\Ordinances\Nos 2900-2999 in Word\2966 Amending Title 17 Chapter 17.17 (Improvements)V.2.docx-msv2 construction, the city shall, within one hundred twenty (120) days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the one hundred twenty (120) day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the city may require the subdivider to enter into an agreement to complete the off site improvements at the time the city acquires title or an interest in the land. The subdivider shall pay the cost of acquiring off site land or an interest in the land required to construct the off site improvements. SECTION 3. Municipal Code Amendment. Redlands Municipal Code Section 12.12.055, entitled "Undergrounding of Utilities," is hereby amended to read as follows: "12.22.055: UNDERGROUNDING OF UTILITIES: Where utilities have been undergrounded as a condition of development, utility installation, expansion, repair, upgrade, modification, or relocation shall be undergrounded following the same requirements and allowing for the same exceptions contained in Section 17.17.020(G) of the Redlands Municipal Code Title 17." SECTION 4. SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable. The City Council of the City of Redlands hereby declares that it would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law. ATTEST: Donaldson, City Clerk 4 Eddie Tejeda, Mayor I:\Ordinances\Nos 2900-2999 in Word\2966 Amending Title 17 Chapter 17.17 (Improvements)V.2.docx-msv2 I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 18th day of June, 2024, by the following vote: AYES: Councilmembers Barich, Davis; Mayor Tejeda NOES: Councilmember Guzman -Lowery ABSENT: Councilmember Saucedo ABSTAINED: None onaldson, City Clerk 5 I:\Ordinances\Nos 2900-2999 in Word\2966 Amending Title 17 Chapter 17.17 (Improvements)V.2.docx-msv2