HomeMy WebLinkAboutOrdinances_2861ORDINANCE NO. 2861
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING
CHAPTERS 18.08, 18.28, 18.29, 18.32, I8.33, 18.36, 18.40, 18.44, 18.48,
18.52, 18.56, 18.60 OF, AND ADDING CHAPTERS 18.156 AND 18.193
TO, THE REDLANDS MUNICIPAL CODE RELATING TO
REGULATIONS FOR RESIDENTIAL SPORTS AND RECREATION
COURTS AND THE ESTABLISHMENT OF AN ADMINISTRATIVE USE
PERMIT PROCESS
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Section 18.08.477, entitled "Private Residential Sports and Recreation Court,"
is hereby added to the Redlands Municipal Code to read as follows:
"18.08.477: PRIVATE RESIDENTIAL SPORTS AND RECREATION COURT:
"Private residential sports and recreation court" shall mean a privately -owned, non-
commercial recreation facility, with or without lighting, provided for a residential
property, built for the purpose of and upon which any form of recreation or athletic
activity is carried on or conducted, including but not limited to, basketball, racquetball,
tennis, batting cages, skateboard ramps, and volleyball. The term "private residential
sports and recreation court" does not include golf courses, country clubs, parks or
playgrounds, or commercial recreation facilities."
Section 2. Section 18.28.035, entitled "Accessory Uses," is hereby added to the Redlands
Municipal Code to read as follows:
"18.28.035: ACCESSORY USES:
Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title."
Section 3. Section 18.29.025, entitled "Accessory Uses," is hereby added to the Redlands
Municipal Code to read as follows:
"18.29.025: ACCESSORY USES:
Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title."
Section 4. Section 18.32.025, entitled "Accessory Uses," is hereby added to the Redlands
Municipal Code to read as follows:
"18.32.025: ACCESSORY USES:
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Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title."
Section 5. Section 18.33.035, entitled "Accessory Uses," is hereby added to the Redlands
Municipal Code to read as follows:
"18.33.035: ACCESSORY USES:
Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title."
Section 6. Section 18.36.025, entitled "Accessory Uses," is hereby added to the Redlands
Municipal Code to read as follows:
"18.36.025: ACCESSORY USES:
Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title."
Section 7. Section 18.40.040 of the Redlands Municipal Code, entitled "Accessory
Uses," is hereby amended to read as follows:
"Accessory uses in the R -S district include:
Accessory building, such as bathhouse, cabana and storage shed.
Garage or carport.
Guesthouse.
"Home occupation", as defined in chapter 18.08 of this title, and subject to the
provisions of chapter 18.160 of this title.
Private greenhouse or horticultural collection incidental to the residential use of the
premises.
Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title."
Private swimming pool.
The keeping of not more than three (3) adult dogs and three (3) adult cats, and their
litters up to the age of ten (10) weeks."
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Section 8. Section 18.44.040 of the Redlands Municipal Code, entitled "Accessory
Uses," is hereby amended to read as follows:
"Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title."
In R-1 zones, the accessory uses listed in section l 8.40.040 of this title are permitted."
Section 9. Section 18.48.040 of the Redlands Municipal Code, entitled "Accessory
Uses," is hereby amended to read as follows:
"Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title.
In R -1-D districts, the accessory uses listed in section 18.40.040 of this title are
permitted."
Section 10. Section 18.52.040 of the Redlands Municipal Code, entitled "Accessory
Uses," is hereby amended to read as follows:
"Accessory uses in R-2 districts include:
Accessory building such as bathhouse, cabana and storage shed.
Garage or carport.
Home occupation, as defined in chapter 18.08 of this title, and subject to the provisions of
chapter 18.160 of this title.
Private greenhouse or horticultural collection incidental to the residential use of the
premises.
Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title."
Private swimming pool.)"
Section 11. Section 18.56.070 of the Redlands Municipal Code, entitled "Accessory
Uses," is hereby amended to read as follows:
"Accessory uses in the R-2-2000 district include:
Accessory building, such as bathhouse, cabana and storage shed.
Garage or carport.
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Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title."
Private swimming pool."
Section 12. Section 18.60.040 of the Redlands Municipal Code, entitled "Accessory
Uses," is hereby amended to read as follows:
"Accessory uses in the R-3 zone include:
Accessory building, such as bathhouse, cabana and storage shed.
Garage or carport.
Home occupation, as defined in chapter 18.08 of this title, and subject to the provisions of
chapter 18.160 of this title.
Private residential sports and recreation court, subject to approval of a permit in
accordance with chapter 18.156 of this title."
Private swimming pool."
Section 13. Chapter 18.156 of the Redlands Municipal Code, entitled "Development
Provisions for Specific Uses" is hereby amended to add Article X. Private Sports and Recreation
Courts, to read as follows:
ARTICLE X. Private Residential Sports and Recreation Courts
18.156.700 Purpose
18.156.710 Private Residential Sports and Recreation Courts
18.156.700: PURPOSE
The purpose of this Article is to establish standards to provide for the construction of private
residential sports and recreation courts, the construction of ancillary fences, and other athletic or
recreation structures ancillary to a residential use. These standards are intended to control the
height, size, and location of structures; to ensure the compatibility of development and land uses;
to provide for privacy and protection against hazardous conditions; to preserve neighborhood
character; and to protect access to light and air, and the privacy of residents.
18156.710: PRIVATE RESIDENTIAL SPORTS AND RECREATION COURTS
A. Required Compliance
No private residential sports or recreation court shall be constructed, and no existing
private residential sports or recreation court shall be moved, altered, or enlarged,
except in accordance with the development standards of this Article.
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2. Any existing private residential sports or recreation court, associated fencing and/or
lighting that was constructed or erected with or without any building permits required
at the time of construction shall be subject to Chapter 18.184 (Nonconforming
Buildings and Uses) of this code.
B. Permitted Sports and Recreation Courts
In residential districts, the following private residential sports and recreation courts are
permitted:
1. Any private sports or recreation court, without lighting, and with any fencing or other
enclosure no more than six (6) feet in height. Such a court may be located no closer
than ten (10) feet to the interior side and rear setbacks. Courts may be sunk below the
existing grade to meet these requirements; and for courts sunk below the surrounding
area, fence height will be measured from the pre-existing (higher) adjacent grade to
determine the maximum height.
2. No private sports or recreation court, nor any fencing or poles related thereto, shall
be artificially raised or elevated above the existing grade level. Hillside lots or
properties in the Hillside District shall be subject to all applicable grading and setback
requirements for hillside properties.
C. Private Residential Sports and Recreation Courts Requiring Permits or Conditional Use
Permits
1. In residential districts, private residential sports or recreation courts one thousand
(1,000) square -feet or more in area are permitted only upon site plan review and
approval of an Administrative Use Permit, or Conditional Use Permit if applicable
pursuant to this section and Chapter 18.192 of this Code. A building and/or
engineering permit may also be required prior to commencement of construction.
2. In residential districts, private sports and recreation courts with lights up to and
including fourteen (14) feet, above grade level, are permitted only upon site plan
review and approval of an Administrative Use Permit (and building permit if
required), and subject to the lighting development standards below.
3. In residential districts, the following private sports and recreation courts are
permitted only with a Conditional Use Permit pursuant to Chapter 18.192:
a. Courts with lights more than fourteen (14) feet, above grade Ievel.
b. Courts with fencing more than six (6) feet, above grade level.
Grade level for purposes of this section is defined as the ground surface located
at the base of the pole and/or where the footing is constructed.
I. All fencing above six (6) feet in height shall be constructed of wire mesh,
or similar material, capable of admitting at least ninety percent (90°/0) of
light as measured on a reputable light meter. Transparency requirement
does not include semi -transparent or perforated wind screen material, such
as mesh for tennis courts.
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2. In the R -E, R-1, R -1-D, R -S, R-2, R-2-2000, R-3, R -R, R -R -A, R -A, and
R -A -A Districts, a court with fencing more than six (6) feet in height shall
be located no less than twenty (20) feet from rear or side property lines.
4. Existing single-family residences within a residential zone may have up to one (1)
private sports and recreation court, including associated walls, fences, and lighting.
An additional private residential sports and recreation court may be permitted
subject to the approval of a Conditional Use Permit.
5. Additions or alterations to an existing private residential sports and recreation court
resulting in a total area of one thousand (1,000) square -feet or more shall require an
Administrative Use Permit approval, or Conditional Use Permit approval if
applicable, prior to commencement of construction.
D. Development Standards for Private Residential Sports and Recreation Courts
The following development standards shall apply to all private residential sports and
recreation courts:
1. No private residential sports and recreation court is permitted in any front or street
side setback, or in any City easement.
2. No private residential sports and recreation court is permitted in a yard or other area
to the front of the front plane of the residence, where it would be situated between
the structure and a public street.
3. No private residential sports and recreation court is permitted within ten (10) feet of
any interior rear or side property line, or any landscape, equestrian or pedestrian
easement.
4. All fencing shall be no more than six (6) feet above grade level, and no more than
fourteen (14) feet above court level, except if approved with a conditional use
permit.
a. Proposed fence height and/or light pole height may be required to be revised
and re -submitted, if necessary, to reduce potential nuisances and satisfy all
applicable findings prior to an approval for an Administrative Use Permit or a
Conditional Use Permit.
5. All private residential sports and recreation court fences made of metal shall be a
dark matte color. Any chain link fencing shall be coated in a dark matte vinyl or
similar material (such as dark green or black color). Any wind screen material, such
as for tennis courts, shall be a non -reflective matte color such as green, blue, or
black.
6. Landscaping is required for all private sports and recreation courts greater than one
thousand (1,000) square feet or more, to screen any fencing, equipment or athletic
apparatus from adjacent properties and all public rights-of-way. Such landscaping
shall achieve its screening effect within three (3) years after planting. Landscaping
plans for the area between the sports or recreation court and adjacent properties
shall be submitted to the Development Services Director for review and approval
prior to the issuance of an Administrative Use Permit or a Conditional Use Permit.
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7. Any private sports or recreation court with an impervious surface of greater than
one thousand (1,000) square feet or more requires a French drain or similar
percolation system to be constructed in conjunction with such court in order to
provide for on-site drainage of run-off into the aquifer, and shall be reviewed and
approved by City departments prior to construction. The plan for this system shall
be submitted before the issuance of an Administrative Use Permit or a Conditional
Use Permit. Said system shall be maintained so as to be functional.
8. All lighting, if permitted with an Administrative Use Permit or Conditional Use
Permit, shall comply with the following restrictions:
a. All lighting shall be completely shielded or screened so as to direct or
contain illumination on the subject property. Lights shall be focused
downward and shall not wash or spill glare onto adjacent properties.
Spillover prevention may require substantial shielding of the fixture and
lens. Light fixtures shall be of full cut-off design with the bulb fully
enclosed within the fixture.
b. No more than six (6) light fixtures and six (6) supporting poles are
permitted.
c. Lighting and light fixtures shall not be more than fourteen (14) feet above
grade level, except if otherwise permitted through a conditional use permit.
d. Light fixtures and supporting poles shall be coated with a low -reflective
material.
e. The power rating of the lamp shall not exceed one thousand (1,000) watts
per light fixture. Sources of illumination may be required to incorporate
shielding to limit glare and direct illuminance within the subject property.
Light trespass shall not exceed one-half (0.5) foot-candle at any property
Iine.
f. Low pressure sodium and mercury vapor lamps are prohibited.
g. No court lighting shall be operated before 7:00 a.m. or after 10:00 p.m. Such
lighting shall be installed with either a timing device to turn off the court
lights at one-hour intervals or less, or a motion sensor. Conditions of
approval for an Administrative Use Permit or Conditional Use Permit may
further restrict the hours of light operation.
h. Installation or alteration of any light poles, fixtures, or bulbs shall require a
photometric plan to be prepared by a qualified consultant approved by the
City, and submitted with any application (including any subsequent building
permit) which includes court lighting.
i. All court lighting is subject to review for a thirty (30) day period after
installation by the Development Services Director to determine compliance
with the above.
9. Loudspeakers and similar noise -producing devices shall be prohibited on poles or
other permanent structures around the private residential sports and recreation court
area.
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10. Noise attenuation features may be implemented when feasible, such as court surface
materials that result in noise reduction, fence materials such as chain link coated in
vinyl, or other effective alternatives that may be proposed by the applicant.
11. Courts may be sunken below grade, such as for visual screening or noise
attenuation purposes, provided any on-site drainage requirements for the subject
property and cross -lot drainage for adjacent properties are satisfied.
12. Private residential sports and recreation courts shall not be used for commercial
purposes, and a fee shall not be charged for use.
E. Replacement Lighting and Fencing for Existing Private Residential Sports and Recreation
Courts
For private residential sports and recreation courts legally constructed in
residential districts prior to February 6, 2018, any existing fencing or lighting
which was legally erected with a permit in compliance with all applicable
ordinances and codes, but which does not conform to the provisions of this
chapter, may be maintained, repaired and may be replaced subject to the
following provisions:
1. The replacement materials and design are reviewed and approved by the
Director.
2. The height of any replacement fencing does not exceed the height of the
previous fencing, and does not exceed ten feet in height, whichever is
lower.
3. Lighting is no more than fourteen (14) feet above grade level, is no more
than eighteen (18) feet above the court level for sunken courts, and does
not exceed the height of the existing lighting
4. An Administrative Use Permit or Conditional Use Permit, whichever is
applicable pursuant to this section, shall be required for replacement of
fencing and lighting which exceeds the above heights."
Section 14. Chapter 18.193, entitled "Administrative Use Permit," is hereby added to the
Redlands Municipal Code to read as follows:
"Chapter 18.193
ADMINISTRATIVE USE PERMIT
18.193.010: PURPOSE AND AUTHORITY:
18.193.020: USES PERMITTED SUBJECT TO ADMINISTRATIVE USE PERMIT:
18.193.030: APPLICATION; SUBMITTAL REQUIREMENTS:
18.193.040: REQUIREMENTS FOR ADMINISTRATIVE USE PERMIT
18.193.050: CONDITIONS
18.193.060: DETERMINATION FOR ADMINISTRATIVE USE PERMIT; NOTICE AND
HEARING:
18.193.070: APPEALS
18.193.080: ADMINISTRATIVE USE PERMIT; EXPIRATION:
18.193.090: TERMINATION OR REVOCATION OF PERMIT:
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18.193.100: VIOLATION:
18.193.010: PURPOSE AND AUTHORITY:
A. The purpose of this chapter 18.193 is to create an Administrative Use Permit process for those
land use situations where there is a need to exercise limited discretion under certain
designated types of circumstances. The purpose of an Administrative Use Permit is to allow
the Development Services Director to exercise this limited discretion and control in those
land use situations where the type of permitted use generally has less potential impact with
the surrounding neighborhood than are those uses for which a Conditional Use Permit is
required.
B. The Development Services Director, or his or her designee, as hereinafter provided, may grant
an Administrative Use Permit on terms and conditions that are harmonious with the general
intent and purposes of this chapter so long as it is shown that the granting of such permit will
be consistent with the purposes of this chapter and the General Plan and will serve the public
health, convenience, safety and welfare.
18.193.020: USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT:
A. Uses listed in the city's zones as uses permitted subject to an Administrative Use Permit may
be permitted in such zones pursuant to the provisions of this chapter.
18.193.030: APPLICATION; SUBMITTAL REQUIREMENTS: A. Applications for an
Administrative Use Permit shall be made as follows:
A. On forms prescribed by the Director;
B. Signed by the owner of the property, or his or her authorized agent;
C. Filed with the Director; and
D. Submitted with a site plan.
18.193.040: REQUIREMENTS FOR ADMINISTRATIVE USE PERMIT:
A. Except as otherwise specified in this Code, in granting an Administrative Use Permit, the
Director shall find that:
1. The use applied for at the location set forth in the application is one for which an
Administrative Use Permit is authorized by this Code;
2. The use is not detrimental to adjacent uses or to uses specifically permitted in the
zone in which the proposed use is to be located;
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3. The use will be compatible with other uses in the general area in which the use is
proposed to be located;
4. The site for the proposed use is adequate in size and shape to accommodate the use
and all of the yards, setbacks, walls, fences, landscaping and other features required to
adjust the use to the existing or future use is permitted in the neighborhood;
5. The site for the proposed use relates to streets and highways properly designed and
improved to carry the type and quantity of traffic generated or to be generated by the
proposed use; and
6. The conditions imposed are necessary to protect the public health, safety,
convenience and welfare.
18.193.050: CONDITIONS
Except as otherwise provided in this Code, the Director may impose the same conditions on an
Administrative Use Permit as are allowed to be imposed on a Conditional Use Permit pursuant to
Chapter 18.192. Any conditions imposed shall be necessary to protect the public health,
convenience, safety, and welfare.
1.8.193.060: DETERMINATION FOR ADMINISTRATIVE USE PERMIT; NOTICE AND
PUBLIC HEARING:
A. Director to Investigate. Upon the submission of a complete application for an
Administrative Use Permit, the Director shall investigate and hold a public hearing on the
application within sixty (60) days of such submission. The public hearing may be continued
form time to time in the discretion of the Director.
B. Notice of Application. Within fourteen (14) days of the application being deemed complete,
notice of the proposal and project description shall be mailed to all property owners within
three hundred (300) feet of the property for which the Administrative Use Permit is being
sought, mailed to all other parties who request notice and provided to all Planning
Commission members. The notice shall also set a date and time for the Director's public
hearing on the application at which all interested persons may appear and provide testimony
related to the application.
C. Decision and Notice. At the conclusion of the hearing, the Director shall render a decision in
writing to approve, approve with conditions, or disapprove the application. Notice of the
Director's decision and appeal period shall be mailed to the applicant, to all property owners
within three hundred (300) feet of the property for which the Administrative Use Permit is
being sought, mailed to all other parties who request notice, and provided to all Planning
Commission members.
D. Staff Referral. Within fourteen (14) days of the application being deemed complete, the
Director may refer the Administrative Use Permit application to the Planning Commission
for a decision.
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19.193.070: APPEALS
A. Within ten (10) calendar days of the Development Services Director's decision on an
application, any person may appeal the Director's decision to the PIanning Commission.
Appeals by applicants or the public shall be made on forms provided by the City, and upon
payment of the fees established by resolution of the City Council. The Planning Commission
shall forthwith hold a public hearing after the hearing is noticed as set forth in section
18.192.040 of this Code. After such public hearing, the Planning Commission shall either
approve, modify, or disapprove the decision or determination of the Development Services
Director based upon applicable provisions of this Chapter.
B. Within ten (10) calendar days of the Planning Commission's decision, any person may appeal
the decision to the City Council. The appeal shall be made on forms provided by the City,
and upon payment of the fees established by resolution of the city council. The City Council
shall hold a public hearing after the hearing is noticed as set forth in section 18.192.040 of
this Code. After such public hearing, the City Council shall either approve, modify, or
disapprove the decision of the Planning Commission based upon applicable provisions of this
chapter.
18.193.080: ADMINISTRATIVE USE PERMIT; EXPIRATION:
A. An Administrative Use Permit shall expire one (1) year from the date of its approval unless
the holder of the permit obtains a building permit or, in those instances where no building
permit is required, a certificate of occupancy for the use, within such one (1) year period. The
Development Services Director may, upon submittal of a written application for a time
extension by the holder of the permit and prior to the expiration of the AUP, gram an
extension of time for a period not to exceed one (1) year; provided, however, that only one
(1) extension may be granted.
B. Failure to develop the use within the time limits of this section shall amount to the forfeiture
and nullity of all development entitlement under the Administrative Use Permit.
18.193.090: TERMINATION OR REVOCATION OF PERMIT:
A. Termination. An Administrative Use Permit shall terminate when any one or more of the
following occurs:
1. The permit is not used within the time specified in the Administrative Use Permit, or if
no date is specified, within one year from the granting of the permit;
2. The use for which the permit has been acquired has been abandoned for six (6)
consecutive months or the owner of the property files a declaration with the Director that
the permit has been abandoned or discontinued; or
3. The permit has expired or been revoked.
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B. Revocation. The Director may, after twenty (20) days' notice by mail to the permit holder,
revoke an Administrative Use Permit on any one or more of the following grounds:
1. The Administrative Use Permit was obtained by fraud;
2. The property subject to the Administrative Use Permit has been utilized contrary to the
terms and conditions of approval, or in violation of any statute, ordinance, law or
regulation not otherwise allowed pursuant to the Administrative Use Permit; or
3. The property subject to the Administrative Use Permit is being or has been exercised
in a manner which is detrimental to the public health, safety and welfare, or so as to
constitute a public nuisance.
The decision of the Director to revoke an Administrative Use Permit can be appealed pursuant to
the procedures contained in this chapter.
18.193.100: VIOLATION:
It is unlawful for any person to develop, use, or maintain any premises without an
Administrative Use Permit if such a permit is required for the use or development. It is unlawful
for any person to develop, use, or maintain any premises contrary to the requirements or
conditions of any existing Administrative AUP, and may be cause for permit revocation."
Section 15. 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 the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
Paul W. Foster, Mayor
ATTEST:
ne Donaldson, City Clerk
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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 20th day of
February, 2018, by the following vote:
AYES: Council Members Harrison, Barich, Tejeda, Momberger; Mayor Foster
NOES: None
ABSENT: None
ABSTAIN: None
J e Donaldson, City Clerk
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