HomeMy WebLinkAbout4101_CCv0001.pdf RESOLUTION NO. 4101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
INCLUDING RESIDENTIAL DEVELOPMENTS ON SINGLE LOTS NOT
REQUIRING SUBDIVISION APPROVAL WITHIN THE "COMPETITIVE
EVALUATION AND SELECTION PROCESS FOR SUBDIVISIONS"
ESTABLISHED BY PROPOSITION R AND IMPLEMENTED BY ORDINANCE
NO. 1843
WHEREAS , between the years of 1970 and 1976 , inclusive ,
an average of 220 dwelling units were constructed annually in
Redlands . The number of permits for residential construction
increased to over 1 , 200 units in 1977 and to over 2 ,400 in 1978 .
A number of factors came together to produce this substantial
increase in growth, including an increased demand for housing
and the implementation of growth limiting policies or moratoria
on the part of several cities in the nearby area ; and
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 , inade-
quate 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 ; and
WHEREAS , the people have declared that the foregoing condi-
tions can be avoided or alleviated by the enactment of a program
designed to encourage planned residential growth within existing
urban areas and coordinated with necessary public facilities ;
and
WHEREAS , on November 7 , 1978 , the voters of the City of
Redlands approved an initiative ordinance to moderate the rate
of growth within the City (Proposition R) ; and
WHEREAS, such a system was duly adopted in Ordinance No.
1843 , which ordinance provides in Section V(1) that Proposition R
and it may be implemented by resolution to further the purposes
set forth in Proposition R; and
WHEREAS , in August of 1984 in a memorandum entitled "Legally
Permissible Changes in City' s Current Application of Proposition R
Initiative To New Residential Development" , the City Attorney
advised this Council , among other things , that " (w) ithin the
legal limits of fair interpretation of the wording of Proposition R,
it appears to us that there are some areas where restrictions
could be relaxed and impediments to residential development
removed if the City Council were to find such actions in the
public interest and not inconsistent with Proposition R. " ; and
WHEREAS, this memorandum went on to opine :
"The first such area where a change in interpretation
is legally permissible is the existing City restriction
on multifamily developments on single lots . In our opinion
such a restriction is not mandated by Proposition R, but
is legally permissible under Section 8 of the Proposition
which states that R' s provisions are minimum requirements.
"When one reviews carefully the kind of development
restricted in number by Proposition R, it appears to be
subdivisions and only subdivisions . The term 'major sub-
division residential development ' is used in the initiative
text. Under California law a subdivision is the division
for the purpose of sale , lease or financing of any land
shown on the latest equalized county assessment roll as
a unit or as contiguous units. Subdivisions can be effected
by either tract maps or parcel maps , and Redlands has
in the past apparently differentiated between these types
of subdivisions by calling tract maps 'major subdivisions '
and parcel maps 'minor subdivisions' . Subdivisions can
be used to divide land for all kinds of developments
(commercial , industrial , institutional , et cetera) but
the restriction in Proposition R applies only to residential
subdivisions. To us the plain meaning of this restriction
is therefore that it is to be applied to tract maps for
residential development. " ; and
WHEREAS , this City Council by minute order on August 21 , 1984 ,
directed staff to discontinue subjecting multiple unit developments
constructed on single lots not fitting the definition of "subdivision"
in the Subdivision Map Act to the provisions of Ordinance 1843 or
Proposition R, and also to set a public workshop to review other
pending questions regarding the implementation of the initiative;
and
WHEREAS , as a result of this workshop process this City Council
established an ad hoc advisory committee to review these implementa-
tion questions and to report back to the Council with specific
recommendations ; and
WHEREAS , this advisory committee has made recommendations which
will lead to an election next June on specific amendments to
Proposition R deemed by the committee to be in the best interests
of the City and its residents; and
WHEREAS , one of these committee recommendations is to include
again within the City' s competitive evaluation and selection process
non-subdivision multiple unit developments constructed on single
lots ; and
-2-
WHEREAS , pending, the election on this question it appears
to this Council to be in the public interest to reimpose this
restriction on residential development until all the people
have a chance to speak on the issue; and
WHEREAS , this action is hereby specifically found by this
Council to further the purposes set forth in Proposition R;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Redlands that , effective immediately , all applications
for multifamily or multiple unit residential developments to
be constructed on single lots or requiring a parcel map shall
be subjected to the City' s competitive evaluation and selection
process in the same manner as are subdivisions .
ADOPTED , SIGNED AND APPROVED this 20th day of August, 1985 .
(��A !J (. e 41,�L
Mayor of the City of Redlands
ATTEST:
allCit Clerk 1
1
I , Lorrie Poyzer, City Clerk, City of Redlands , hereby certify
that the foregoing resolution was duly adopted by the City
Council at a regular meeting thereof held on the 20th day of
August, 1985 , by the following vote:
AYES: Councilmen DeMirjyn and Larsen;
Mayor Beswick
NOES : None
ABSENT: Councilmen Johnson and Martinez
Cityl lerk i- /
I
-3-