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HomeMy WebLinkAbout1991-12-10 - AGENDA REPORTS - GEN MUNI ELECTION VOTERS (2)CONSENT CALENDAR DATE: December 10, 1991 AGENDA REPORT City Manager Approval Item to be presented y: City Clerk SUBJECT: CALLING & GIVING NOTICE OF HOLDING A GENERAL MUNICIPAL ELECTION AND SUBMITTING TO THE VOTERS A QUESTION RELATING TO RESIDENTIAL GROWTH CONTROL SYSTEM Resolution Number: 91-204 DEPARTMENT: City Cler� BACKGROUND Pursuant to the re4uirements of the laws of the State of California, relating to General Law Cities, Resolution No. 91-204 calls and gives notice of a General Municipal Election to be held on April 14, 1992, electing two Councilmembers and submits to the voters at this election a question relating to a residential growth control system. This Resolution also notices the time of the election. RECOMMENDATION Adopt Resolution No. 91-204 and authorize City Clerk to transmit this resolution to the County Election Department 113 to 81 days before election. ATTACHMENT Resolution No. 91-204 Exhibit A DMG:843 Adoptedua — 9, Agenda Item RESOLUTION NO. 91-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1992, FOR THE -ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF.THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO AN ORDINANCE ESTABLISHING A RESIDENTIAL GROWTH CONTROL SYSTEM WHEREAS, under the provisions of the laws. relating to general ,law. cities in. the State of California, a General Municipal Election shall be held on April 14, 1992, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to an ordinance establishing a residential growth control system; and NOV. THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES 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 Law Cities, there is called and ordered to be held in the City of Santa Clarita, California, on Tuesday, April 14, 1992, a General Municipal Election for. the purpose of electing two members of the City Council for the full term of four years; SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: 'SHALL THE ORDINANCE ESTABLISHING A RESIDENTIAL GROWTH CONTROL SYSTEM FOR THE CITY OF SANTA YES CLARITA BE ADOPTED?" NO SECTION 3. That the proposed measure submitted to the. voters is attached as Exhibit A. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That. the City Clerk is 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 the election. SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 7. 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 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in.time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED.on , 19 Mayor ATTEST: City Clerk I, Donna M. Grindey; HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 19 by the following vote of Council: FX4* 41410WeIA910WJA&'T-1r NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk : DMG:844 TITLE: "RESIDENTIAL GROWTH CONTROL SYSTEM FOR THE CITY OF SANTA CLARITA" SUMMARY: The proposed Ordinance would limit residential growth in the City of Santa Clarita by developing an allotment system. Under the allotment system the City Council would be allowed to award a total of 475 allotments allowing only 475 units for each calendar year. The City Council could increase this allotment by up to 10% in a given year, provided that the next year's allotment is reduced by that same amount. These figures could not be modified by the City Council. In the case of any period of mandatory water . restrictions in the City, no residential allotments may be issued. "Mandatory water restrictions" are defined as any "system of fines, penalties, surcharges, or any other method to enforce reductions in water usage." The Ordinance would establish a Residential Growth - Control Evaluation Board to be made up of the City Planning Commission. The Board would consider applications for allotments and make recommendations and point assignments to the City Council based on specified criteria once a year. The City Council would then consider the Board's recommendations and point assignments, establish final point assignments and award allotments according to the order of the final point assignments. Under certain specified conditions, newly annexed territory under previously approved development agreements would be exempt. Additionally, on -campus student housing and rehabilitation, remodeling and conversions which do not create additional units would be exempt. Except for exempt projects, no City entitlements are final and no final maps could be approved until an allotment is awarded. Allotments would not expire unless construction is not initiated within thirty-six months. Expired allotments could be re -allocated to other projects by the City Council. The Ordinance would provide that the City Council may allocate up to 25% of the 475 units for very low, low or senior citizen housing. By a majority vote the City Council could exempt such housing. All other allowable amendments -1- l ek/"731299 to the Ordinance would require a 4/5 -vote and would be required to be consistent with the intent of the Ordinance. The ordinance would expire by its own terms on December 31, 2002. Carl . Newton City Attorney RECEIVED BY: Y DATE: 8 — U — Ct 1 —2— Lek/SUM731299 RESIDENTIAL GROWTH -CONTROL SYSTEM FOR THE CITY OF SANTA CLARITA THE PEOPLE OF THE CITY OF SANTA CLARITA DO ORDAIN AS FOLLOWS: Section 1.0 — Findings The People of the City of Santa Clarita hereby find and declare as follows: (a) The City of Santa Clarita has adopted a General Plan and City ordinances relating to the regulation of residential development; (b) The City of Santa Clarita area doubled its population in the last decade, and this period of intense residential development adversely affected the capacity of the streets and local freeway system to meet traffic needs, the capacity of the schools to provide quality facilities for children, and the semi -rural character and quality of life prevalent in the Santa Clarita Valley; (c) The City of Santa Clarita has experienced the effects of drought. Increased residential development during periods of water restriction compromises the interests of existing residents and increases our susceptibility to future water shortages; (d) It is the intent of the People of the City of Santa Clarita to establish a growth rate which more closely approximates the average growth rate experienced by the whole of Los Angeles County in the last decade; (e) It is the intent of the People of the City of Santa Clarita to provide the opportunity to protect the open spaces, hillsides, and ridgelines of the City and the natural state of its riverbeds' bottoms and banks; (f) It is the intent of the People of the City of Santa Clarita to achieve a steady, rather than a fluctuating, overly rapid, rate of residential growth each year in order that services provided by City, school, park, utility, and/or service agencies operating in the City can be properly and effectively staged,in a manner which will not overextend existing facilities, will allow for the opportunity to bring deficient services up to required and necessary standards, and will minimize costs of facility expansion through long-range planning; (g) It is the intent of the People of the City of Santa Clarita to have an orderly and effective review of. proposed residential developments in order to allow opportunity for the participation of all citizens in the review process; (h) It is the intent of the People of the. City of Santa Clarita to control the rate of growth in order to minimize the dust, noise, and inconvenience caused by .a large number of construction projects, since such massive construction activities are inconsistent with the semi -rural and suburban character of the community; (i) It is the intent of the People of the City of Santa Clarita to control the rate of residential growth in order to provide City officials andstaff the time they need to determine the proper character and identity for the City's future which will unify the separate communities which originally joined together to create the City; (j) It is the intent of the People of the City of Santa Clarita to control the rate of residential growth in order to provide City officials and staff the time they need to determine the safety, reliability, and future adequacy of our imported and local water supplies; – 1 – M That maintenance of clean and healthful air is essential to the community; therefore, adopting a residential growth -control system will allow the City time to find means to protect the public health, safety, and welfare of the People of the City of Santa Clarita; (1) It is the intent of the People of Santa Clarita to establish control over the quality, distribution, and rate of growth of the City in the interests of: preserving the character of the community; ensuring the quality of the school system; ensuring the adequacy of City facilities and services; ensuring the balanced development of the City; diminishing further deterioration in the local air quality; ensuring that traffic demands do not grow in a pattern that strains the City's roads or local freeway system; ensuring the adequacy of fire, police, and emergency services; ensuring the preservation of an adequate and reliable water supply and delivery systems; ensuring adequate sanitary sewer and storm drainage systems; and providing time for the City to make up the deficiencies in the existing infrastructure created by the previous period of rapid development; (m) It is the purpose of this ordinance to augment the policies of the City as recorded in the General Plan and City ordinances relating to the regulation of residential development; (n) In order to accomplish the purposes of this title, the City of Santa Clarita must be able to control the rate, distribution, and quality of proposed development on a year-to-year basis. To this end, the following residential growth -control system for the City of Santa Clarita shall be in effect from and after its adoption until December 31, 2002. Section 2.0 — Establishment of annual base number of 475 residential development allotments A. Annual base number of residential allotments. Except as provided in Section 4.0,, paragraphs D and E, Section 12.0, and this Section 2.0, during the calendar years of 1992 through December 31, 2002 the City Council (hereinafter called the Council) shall award no more than 475 residential development allotments per calendar year, each residential development allotment authorizing the construction of one dwelling unit. The Council shall reduce this annual base number of residential development allotments by the number of units assured to any party to a non-exempt development agreement, a court judgment, or as referred to in subsections A, B, and C of Section 4.0. B. Flexibility in the annual base number. The annual base number may be. increased by the Council to an amount not greater than ten percent more for any given year, provided that the annual base number for the next succeeding year shall be set lower by the same in order to redress the excess of the previous year. Section 3.0 — Growth restraints in the event of mandatory water restrictions No residential development allotments shall be issued during any period of mandatory water restrictions within the City of Santa Clarita (hereinafter called the City). For the purposes of this chapter, `mandatory water restrictions' shall be defined as any ordinance, statute, rule, or regulation passed by the Castaic Lake Water Agency, the City, the County of Los Angeles, the State of California, or any other public or governmental body which uses a system of fines, penalties, surcharges, or any other method to enforce reductions in water usage. –2– Section 4.0 — Applicability of this residential growth -control system The provisions of this residential growth -control system shall apply from the effective date to all residential development, including mobile homes, in the City, with the exception of the following: A. Projects of not more than four (4) residential dwellings, limited to only one such project per developer per calendar year, B. Fourplexes or lesser -numbered multiple dwellings on a single lot, limited to only one such project per developer per calendar year; C. A single-family residential unit on a single existing lot, limited to only four such projects per developer per calendar year, D. Rehabilitation or remodeling of an existing dwelling, or conversion of apartments to condominiums, so long as no additional dwelling units are created; E. On -campus student housing. Section 5.0 — Establishment of the Residential Growth -Control Evaluation Board In order to administer the system set forth herein, and especially to make the evaluations set forth in Section 8.0 of this chapter, a Residential Growth -Control Evaluation Board (hereinafter called the Board) is hereby established, consisting of the duly appointed members of the Planning Commission of the City. The procedures and bylaws of the Board shall be developed by the Board, subject to the approval of the Council. The Community Development Department of the City shall serve as the staff of the Board. Section 6.0 — Exemption of newly annexed territory In addition to the exemptions listed in Section 4.0 above, the provisions of this residential growth -control system shall not apply to newly annexed territory, provided that the Council has previously negotiated a development agreement concerning said newly annexed territory which meets the following conditions: A. The aforementioned development agreement is consistent with the General Plan of the City of Santa Clarita; B. The aforementioned development agreement will not allow densities greater that what is defined in the General Plan of the City of Santa Clarita as the midpoint density of said newly annexed land; C. The aforementioned development agreement shall provide for all the infrastructure needs of its own project, and, in addition, provide an increase in capacity so that the project, when complete, results in a level of infrastructure capacity for the planning area superior to that which was in existence before the initiation of the project; D. The aforementioned development agreement will also meet the requirements of the Los Angeles County development monitoring system. E. The aforementioned development agreement shall be rated by the Board according to the procedures in Section 8.0, and a rating number shall be given to the Council. The Council will consider this rating number when evaluating the proposed development agreement, provided that such a rating shall be consistent with Section 9.0 (c) 3. –3– F. For the purposes of this ordinance, development agreements which meet the above conditions shall be known as 'exempt development agreements'. All other development agreements negotiated by the City shall be known as -'non-exempt development agreements'. Section 7.0 — Residential development allotment application Residential development allotment applications shall be filed and processed in such manner as the Council may authorize by resolution. A filing fee shall be charged in an amount sufficient to cover the City's costs of processing the application. No residential development allotment application and.attendant fees shall be required for any project or dwelling unit which is exempt from the residential growth -control system pursuant to Section 4.0. Except for said exempted projects, no building permit or grading permit shall be issued, no other City entitlement shall be final, and no final regular or vesting tract map shall be approved or recorded, for a dwelling unit or lot which is subject to the residential growth -control system until and unless a corresponding residential development allotment has been awarded by the Council. Section 8.0 — Residential development allocation evaluation The Board shall consider annually all applications properly submitted and shall make recommendations to the Council based on the criteria set forth below: A. Highest -Priority Preservations and Provisions: The Board shall examine each application and shall rate each development project by the assignment of from zero to twenty-five (25) points (zero indicating "very poor", twenty-five (25) indicating "excellent") on each of the following attributes: 1. Impact on Traffic. The impact of the proposed development on the capacity of major street linkages to provide for the needs of the proposed development without adversely altering existing traffic patterns or overloading the existing street system. Additional points will be assigned if the project makes provisions for needed public roads, such as critical linkages in the major street system. 2. Impact on School Quality. The capacity of the appropriate elementary and high school districts to absorb the additional children expected to inhabit a proposed development project without necessitating or adding to double sessions or other unusual scheduling or classroom overcrowding. A higher rating maybe assigned if the project provides for additional needed school facilities beyond those usually provided by the. developer. 3. Open Space/Ridgeline Preservation. The preservation of and contribution to public and/or private usable greenbelts, open space, and the preservation of existing slopes and ridgelines. 4. Police, Fire, and Emergency Services. To enhance the ability of the City police and fire departments and other emergency services to provide protection according to the established response standards of the City. B. High -Priority Preservations and Provisions. The Board shall examine each application and shall rate each development project by the assignment of from zero to five (5) points (zero indicating "very poor", five (5) indicating "excellent") on each of the following attributes: 1. Parks. The capacity. of parks or other public facilities to meet the additional demands for vital public services without extensions of services beyond those normally provided by the developer, and the provision of needed parks or other vital public facilities, excluding schools, libraries, and police and fire services. 2. Libraries. The capacity of libraries to meet the additional demands for library services, and the provision of needed libraries. 3. Healthy Air Quality. The impact of the proposed development on air quality. 4. Water Systems. The capacity of the water system to provide for the needs of the proposed development without system extensions beyond those normally installed by the developer. 5. Sewer Systems. The capacity of the sanitary sewers to dispose of the wastes of the proposed development without system extensions beyond those normally installed by the developer. 6. Drainage Systems. The capacity of the drainage facilities to adequately dispose of the surface runoff of the proposed development without system extensions beyond those normally installed by the developer. 7. Design Qualities. Site and architectural design quality which may be indicated by the harmony of the proposed buildings in terms of size, height, color, density, and location with existing neighboring development, along with site and architectural design quality which may be indicated by the arrangement of the site for efficiency of circulation, on - and off-site traffic safety, privacy etc. 8. Recreation Areas. Contributions to, and extensions of, existing systems of foot or bicycle paths, equestrian trails and facilities. 9. Tree Protection. Impact on oaks and other. significant trees. 10. Cultural Preservation. Impact on historical and archeological sites. 11. Conservation. The provision of significant water conservation and energy generation/conservation features. such as additional insulation; house siting and design, solar techniques, and other innovative techniques. 12. Significant Ecological Area (SEA) Protection. The protection and preservation of Significant Ecological Areas as defined by the General Plan of the City of Santa Clarita, and protection of the Santa Clara River and its tributaries from channelization and from development of its floodplain. 13. Freeways and Highways. The capacity of Highways 14 and 126 and Interstate 5 to provide for the needs of the proposed development without adversely increasing the level of traffic on these roads. 14. Transit. The impact of the proposed development on the capacity of local transit systems and provisions foi needed local transit systems. C. The Board shall consider the applications before it at a public hearing. Notice of the time and place of the hearing shall be given at least twenty-one (21) days prior to said hearing, by publication in a local newspaper of general circulation, by mailing to any person who has requested in writing such notice, and in any other manner that the Board may direct. —5— D. After evaluating each application in accordance with the foregoing criteria and making initial point assessments, on a project -by -project basis, of the individual projects approved by the Planning Commission, the Board shall hold a public hearing to: 1. Allow any applicant, or. the public, to request the Board to re-evaluate the point assignments made on any or all of the criteria. 2. Allow an applicant or any member of. the public who is dissatisfied with the Board's evaluation to submit written notification of such dissent, which will be furnished to the Council prior to its awarding of residential development allotments. E. Having evaluated each application and clarified all point assignments to the applicants, the Board shall present to the Council its lists of evaluations, along with decisions reached on any appeals to the Board, for the awarding of residential development allotments. . R The schedule for the submission and.consideration of applications shall be established by the Council. Section 9.0 — Evaluation of applications and award of residential development allotments by the Council A. The Council shall consider the Board's recommended point assignments for all residential development allotment applications at a public hearing, notice of which shall be given in the same manner as set forth in Section 8.0. subparagraph C. B. After considering the Board's recommended point assignments and any testimony presented at the hearing, the Council shall determine point assignments for each residential development allotment application and shall compile a list ranking the applications in order of point assignment. C. The Council shall award residential development allotments to applications on that list, subject to the following: 1. Maximum allotment available. The number of residential development allotments which may be awarded in any calendar year shall not exceed the annual base number determined in accordance with Section 2.0, as modified to include residential development allotments permitted in Section 12.0 and to redress any excess in the prior year's award of allotments, less the non-exempt development agreement or court judgment assured building permits, and the number of building permits issued in the prior calendar year for projects defined in Section 4.0, subparagraphs A, B, and C. 2. Single residential development allotment limit. No single developer shall be awarded a number of residential development allotments in any one year, in excess of a number which the Council may establish by resolution. 3. Minimum point rating. Before awarding residential development allotments, the Council may require applications to meet minimum point assignments on either or both subsections 8.0 A and 8.0 B. D. The Council may award residential development allotments at such time or times during the year as it selects. E. Once the Council has awarded residential development allotments to a project, such allotments will terminate if modifications are made to the underlying project, which, when modified, produce a total score of evaluation points less than the original application for which the residential development allotments were awarded. This modification rating shall be determined and based upon a review of the corresponding tract map or development permit modification by the Board. F. If construction has not been initiated within thirty-six (36) months after award of a residential development allotment, the residential development allotment will be considered null and void and the applicant may reapply. Section 10.0 —Affordable housing A. The Council may allocate up to twenty-five (25) percent of the annual base number to housing developments found by the Council, or body designated by the Council to make that finding, to be very -low- or low-income dwelling units as defined in the General Plan of the City of Santa Clarita, or senior -citizen dwelling -unit projects; funded or subsidized pursuant to the provisions of applicable federal, state or local laws or programs. Such allotments will be evaluated by the Board according to the same criteria set forth in Section 8.0 and ranked on a separate list which shall also be presented to the Council. B. If the Council shall, by a majority vote, choose to modify this Section 10.0 by exempting from the residential growth -control system either very -low• or low-income dwelling units, or both, as defined in the General Plan of the City of Santa Clarita, or projects specifically designated as senior housing, then such modifications shall be consistent with the intent of this ordinance. Section 11.0 — Expiration of residential development allotments Except for residential development allotments expired pursuant to Section 9.0, subparagraph F, residential development allotments awarded to a project shall remain in effect and be valid as long as the underlying project approval is in effect and unexpired. For purposes of this chapter, the term `underlying project approval' means either a tentative map, a residential planned development permit, a mobile -home permit, or any other permit pertaining to residential development granted in conjunction with the same project for which the residential development allotments were awarded. If the underlying project approval expires, all residential development allotments awarded to that project shall automatically expire without notice. Section 12.0 — Reallocation of expired or rescinded residential development allotments At any time after expiration or a Council rescission of any awarded residential development allotments, the Council may elect to reallocate and reuse such residential development allotments. Section 13.0 — Additional regulations Should the arrangement of projects as provided in Section 9.0, subparagraph A, produce the situation in which two (2) projects have equal evaluation point scores but only one project can be permitted within the quota, the Council may offer those applicants a pro rata share of the number of units available within the quota, or may dispose of such a tie in any other manner deemed equitable by the Council. Section 14.0 —Modification The Council, by a four-fifths vote, may change by amendment any part of this residential growth -control system except for Sections 2.0, 6.0, 10.0, and this Section 14.0. This amendment must first be discussed in a public hearing held by the Council and the amendment must be consistent with the intent of this ordinance. –7– Section 15.0 — Severability If any provision of this initiative measure, or part or application thereof to any person, entity, or circumstance, is held invalid or unconstitutional, the remainder of this initiative measure, to the maximum extent it can be given effect, shall not be affected and shall remain in full force and effect. Any such invalidity. or finding of lack of constitutionality shall not affect other provisions or applications of the initiative measure which can be given effect without such invalid or unconstitutional provision or application, and, to this end, the provisions of this initiative measure are severable. Section 16.0 — Effective date This residential growth -control system shall be considered as adopted upon the date that the vote is certified by the City Clerk and shall go into effect thirty (30) days thereafter. Section 17.0 — Future extensions of this chapter Since the need for this growth -control system cannot now be reasonably predicted for years after 2002, a further extension of this chapter shall be considered by the Council at a noticed public hearing prior to that date. If it is determined by a majority vote of the Council that this chapter should be extended, after making the appropriate findings required by law, any tentative tract map (regular or vesting), approved after the date of adoption of this ordinance, and up to the effective date of such extensions, shall be subject to such extension and the ordinance codified in this section. Q