Redlands Municipal Code Ch. 19.04 General Provisions

For the purposes of measure N, the following words and phrases shall have the following meanings:

AGRICULTURAL LAND(S), AGRICULTURE OR AGRICULTURAL USE: All lands designated as urban reserve (agricultural) in the Redlands general plan and/or zoning ordinance as of the effective date of measure N, and all parcels of land in active agricultural production as of the effective date of measure N or within one year prior thereto.

DWELLING AND DWELLING UNITS: Any single-family residence, apartment or dwelling unit or dwelling unit in a multi-unit structure, or mobilehome.

EFFECTIVE DATE: The date on which the initiative measure N was adopted by the city council of the city of Redlands or the date on which it was passed by the voters at the polls, whichever occurs first.

MEASURE R: The citizens' initiative labeled "Ballot Measure R" adopted by the voters of the city of Redlands on November 7, 1978, the full text of which is contained in the petition from which this section derives.

SPHERE OF INFLUENCE: The sphere of influence for the city of Redlands as adopted and amended from time to time by the local agency formation commission (LAFCO). (§ 3 of measure N, passed by voters 11-3-1987)

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. (§ 1 of proposition R, passed by voters 11-7-1978)

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. (§ 2 of proposition R, passed by voters 11-7-1978)

Henceforth, further residential development shall be limited to four hundred (400) dwelling units per calendar year. In any given year, if less than four hundred (400) units are approved or constructed, the unused number may not be carried forward to any future year. (§ 4 of measure N, passed by voters 11-3-1987: Ord. 1911, 1986: § 3 of proposition R, passed by voters 11-7-1978)

A. The city shall accept subdivision development applications in final approval form for each calendar year at a prescribed time. The city shall competitively evaluate the submitted applications for quality in at least: tract design, architecture and construction proximity and access to available city and school services, preservation of agricultural land, low income and minority housing requirements, senior citizen needs and price. The city shall select those applications, within the limits of section 19.04.030 of this chapter, which are superior in overall evaluation, for building permit approval. The city shall amend the existing procedure for competitive evaluation within ninety (90) days from the date of adoption of the ordinance codified herein to make the procedure and evaluation system consistent with measure N.

B. To encourage construction of single-family infill housing, the city council shall reserve until October 1 of each year, fifty (50) of the four hundred (400) authorized building permits for the construction of single-family homes on existing lots of record as of the effective date of measure N. (§ 4 of measure N, passed by voters 11-3-1987: § 4 of proposition R, passed by voters 11-7-1978)

Previously approved tentative tract plans shall be subject to the competitive evaluation and selection process described in section 19.04.040 of this chapter, and shall have no precedence with respect to other development applications. (§ 5 of proposition R, passed by voters 11-7-1978)

The city shall not make water or sewer service allocations or connections to more than one hundred fifty (150) dwelling units outside its corporate boundaries in any calendar year. Water or sewer service shall not be extended to any dwelling unit which is not within the city's adopted sphere of influence and which is not zoned or prezoned consistent with the Redlands general plan or plan for development of the sphere of influence area. Water or sewer service connections made pursuant to this provision which are not used or allocated within a given calendar year may not be carried forward to any future year. (§ 4 of measure N, passed by voters 11-3-1987: § 6 of proposition R, passed by voters 11-7-1978)

Nothing in this chapter shall be construed to exempt compliance with the provisions of the zoning ordinance and any other applicable city ordinance, regulation or code. (§ 7 of proposition R, passed by voters 11-7-1978)

The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare. These sections are not intended to interfere with, abrogate, annul or repeal any ordinance, rule or regulation which has been previously adopted, and is not in conflict with any of the provisions of this chapter. (§ 8 of proposition R, passed by voters 11-7-1978)

A. Proposition R, set out in this chapter, may be implemented by resolution to further the purposes set forth in proposition R.

B. All lots created by the subdivision process, whether or not initially subject to this title, ordinance 1680 and subsequent amendments or related ordinances, that are capable of being further subdivided under the state map act and local ordinances existing at the time of subdivision, shall have the final plat map stamped with a note stating that:

Any further subdivision will be subject to the development allocation process under the provisions of Proposition "R" as implemented by City ordinance.

(Ord. 1843 § 5, 1984: prior code art. 940)

No lands designated as urban reserve (agricultural) on the Redlands general plan map as the same existed on June 1, 1987, shall be rezoned or changed to a different general plan designation which would permit a density higher than the R-E designation as the same existed on June 1, 1987, in the Redlands city zoning ordinance unless the city council finds, by four- fifths (4/5) affirmative vote by the total authorized council membership, that each and all of the following is true:

A. There are specific overriding benefits to the city and its residents and taxpayers from the proposed density increase;

B. The proposed density increase will not cause any adverse environmental impacts, either individually or cumulatively, directly or indirectly;

C. The proposed density increase will not convert viable agricultural lands to nonagricultural uses;

D. The proposed density increase will not have a growth inducing effect on other property. (§ 4 of measure N, passed by voters 11-3-1987: § 10 of proposition R, passed by voters 11-7-1978)

A. From and after the effective date of measure N, all property having an average natural slope of fifteen percent (15%) or more shall be limited in density to one dwelling unit per two (2) acres, except that all property having an average natural slope of thirty percent (30%) or more shall be limited to one dwelling unit per five (5) acres. Uses permitted on such properties shall conform to chapter 18.24 of this code, as revised March 2, 1987.

B. PRDs shall be allowed on lands affected by this section, but must conform to the following limitations:

1. Densities shall be no greater than those defined elsewhere in this section;

2. Projects shall conform to development standards in force on the effective date of measure N, without exception;

3. Projects shall be designed to preserve ridgelines and scenic vistas. (§ 4 of measure N, passed by voters 11-3-1987: § 11 of proposition R, passed by voters 11-7-1978)

It is declared to be the policy of the city of Redlands to preserve and foster agriculture as a vital industry and a desirable open space use because of our high soil quality, favorable climate, low water costs and economic benefit to our community. It is further declared to be the policy of the city to retain, wherever feasible, agricultural lands in private ownership and to encourage and assist the maintenance and formation of locally owned farms. The city shall forthwith adopt such policies, ordinances and resolutions as may be necessary to achieve these goals, including, but not limited to, the following:

A. The city shall establish programs to encourage and assist owners in the replanting of dying groves and/or vacant agricultural land, for the installation of water conserving irrigation systems and/or for the protection of agricultural land from theft, vandalism and dumping. Total cost of this assistance shall be borne by those directly benefited;

B. Plan and implement programs wherever feasible in appropriate areas for recreational opportunities for biking, equestrian and hiking uses, consistent with farming needs, agricultural uses and wildlife protection;

C. Develop and implement public service and infrastructure standards compatible with and appropriate to agricultural and rural living purposes. (§ 4 of measure N, passed by voters 11-3-1987: § 12 of proposition R, passed by voters 11-7-1978)

A. The city shall forthwith initiate a planning process leading to the development and adoption of a plan for the ultimate development of the city's sphere of influence area. Until such plan is adopted by the city, the city shall not, unless compelled by law to do so, initiate or approve any annexations to the city. Upon adoption of the plan required by this section, the city may initiate and/or approve annexations consistent with the plan.

B. The city's plan for sphere of influence area shall meet, at minimum, all of the following criteria:

1. The plan shall extend, at minimum, the provisions of proposition R and of measure N to the sphere of influence area;

2. The plan shall identify and make provision to protect sensitive wildlife, open space, and agricultural lands;

3. The process leading to adoption of the plan and its implementation shall include residents of the sphere of influence area and shall include notice and public hearing; and

4. The plan shall require that upon annexation, new development in the sphere of influence area shall pay all costs of providing public services and urban infrastructure to such development. (§ 4 of measure N, passed by voters 11-3-1987: § 13 of proposition R, passed by voters 11-7-1978)

The Redlands city general plan and this code shall be amended forthwith to conform with the requirements of measure N. To the extent that any policy or provision of measure N is not self- executing the city council shall promptly enact such regulation and ordinances as may be necessary to carry out the purposes, intent and directives hereof. The provisions of measure N are expressly declared to be minimum requirements. (§ 4 of measure N, passed by voters 11-3-1987: § 14 of proposition R, passed by voters 11-7-1978)

The city council and all city agencies, boards and commissions are directed to take any and all actions necessary to carry out measure N, including, but not limited to, adoption and implementation of any amendments to the city general plan, zoning ordinance and/or this code. This measure shall be implemented forthwith as a matter of the highest priority of the city. (§ 4 of measure N, passed by voters 11-3-1987: § 15 of proposition R, passed by voters 11-7-1978)

The city council may adopt guidelines to implement and interpret measure N and measure R, following public notice and public hearing; provided, that any such guidelines shall be consistent with measure N. Any such guidelines must be adopted by four- fifths (4/5) affirmative vote of the total authorized membership of the city council. (§ 4 of measure N, passed by voters 11-3-1987: § 16 of proposition R, passed by voters 11-7-1978)

A. Measure N shall apply to all properties and projects covered by its terms, except it shall not apply to any development project which has obtained a vested right as of the effective date of measure N. For purposes of measure N, a vested right shall have been obtained only if each and all of the following criteria are met:

1. The proposed project has received a building permit or its final discretionary approval;

2. Substantial expenditures have been incurred in good faith reliance on the permit or final discretionary approval; and

3. Substantial construction has been performed in good faith reliance on the permit or final discretionary approval.

B. The substantiality of expenditures incurred and of construction performed and the question of whether or not such expenditures and construction were in good faith are questions of fact to be determined on a case by case basis by the city council following application by the developer and notice of public hearing. Actions taken by a developer to speed up or expedite a development project with knowledge of the pendency of this measure shall not be deemed to be good faith and shall not qualify for vested rights. Phased projects shall be considered for exemption on a phase by phase basis to the extent permitted by California law. For purposes of section 19.04.060 of this chapter, with regard to water or sewer connections outside the city, an applicant shall qualify for a vested right only if the foregoing criteria are met after the application has obtained a sewer or water, commitment, or both if both are required, from the city. (§ 4 of measure N, passed by voters 11-3-1987: § 17 of proposition R, passed by voters 11-7-1978)