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HomeMy WebLinkAboutOrdinances_2503_CCv0001.pdf ORDINANCE NO. 250') AN ORDIN` NCE OF THE CITY OF REDLANDS AMENDING CHAPTER 18.192 OF THE REl LAN,DMUNICIPAL CODE ISE SATENCI TO CONDITIONAL USE PERMITS AN CHAPTER 18,196 O TIJE REDLANDS MUNICIPAL COTE RELATING TO VARIANCES Section- Chapter IS.192 of the Redlands Municipal Code is hereby deleted in its entirety and rewritten to read as follows: "Chapter 18,192 CONDITIONAL USE PERMIT IS-12.010 Put-pose. A. The purpose of a conditional use Permit("CTAP")is to establish a review Process for the development offa use that maybe desirable under appropriate circumstances but is not permitted by right in the;applicable zone, The intent of this Chapter is to permit review ofsuch proposed rues on a arse-by-case basis to detenrilne whether, and under what conditions, the use may be approved at a given site. Further, the intent of this Chapter is that each use be developed so as to fully protect the public health, safety and welfare of the City. To provide this protection, conditions may be imposed on a use to address potential adverse effects. The privileges and conditions of a CUP aro a covenant that runs with the land and, in addition to binding the permittee, bind each successor in interest. A CUP is granted at the discretion of the City, and is not an automatic; right of any applicant. 1&192.020 Specific uses permitted subject to conditional use permit A. les listed in the City's zones as "uses permitted subject to a conditional use permit" may be permitted in such zones pursuant to the provisions of this Chapter. & The following uses may be permitted in any zone, except where expressly prohibited, when such uses are determined by the City to be essential or desirable for the public health,safety and welfare in accordance vdth the provisions of this Chapter: 1. airport, heliport, Cemeteries, columbariums, mausoleums 3. Religious places of worship; 4. Convalescent hones, board and care homes; 5. Development of natural resources(excluding drilling for or producing tail, ,gas or other hydrocarbon substances or the production of rock and gravel),together with the necessary buildings, apparatus or appurtenances incident thereto; t>. Educational institutions, public or private; ". Golf courses,:excepting driving ranges and miniature coarses; 8. Governmental enterprises; 9. Hospitals and naedic~;al clinics; 10 Ncihhliorhood stores and shopping centers; 1 I, Planned residential cle e#cal taaetat ,sulaject to tlfe provisions of Ci hfapter l eS.144- special 4special residential developments such as lao asin for retirement, elderly, or similar projects, provided they comply with the density of the General Plan, and all multiple residential developments thirry-tire or more dwelling units, 12, Public utility structures and service facilities; 13), Transitional Uses. .= use, or combination of rises that will provide an orderly bridge between more-intensive sand less-inte risiv e uses a. Adjacent to commercial districts, excepting C-1 and C-2: Administrative and professional offices, of staeet parking, m tels and hotels; no retail sales are permitted unless proposed in conjunction with a complex of uses whereby the: adjacent residential; districts etre buffered by the cases specifically listed as permitted, b. Adjacent to industrial districts: Admim trative and professional offices; and off-street parking- no retail sales are permitted, Adjacent to administrative-professional districts: Off-street parking, an administrative and professional offices, provided property abuts a major or secondary highway and is not separated from the A-1- district by a street; 14. Probletai Areas. to those,Lamas that are so located that their relationship to other vises of land or to topographical fUnUres, or where existing land subdivision patterns make use forthe:maxed purposes inaprractical and where one~particular use would he reasonable and desirable, the Coinaaaission may determine such a;use, ifotherwise permitted by ordinance, to be reasonable; 15, Family care l oine, Master home, or group home serving, six or fewer mentally disordered or otherwise handicapped persons, or dependent and neglecte:d children, maybe permitted,subject to ,approval ofa conditional use permit, in any residential zone. Similar homes serving seven or more persons shall be permitted only in the multiple-family residential and a�iricultural zones,subject to approval of conditional use permit 16, Meeting places of nonprofit civic groups or community organizations other than social or fraternal clubs; 1 shared homes fornonrclated senior adult I'vitata together as a single laotasehold sponsoredhlr anonprofitor ani ation maybe permitted in any residential zone. f Occupancy of the home shall not exceed two personas for each bedroom, "Senior adults" tare dettaaed as persons fifty-fiive years of ale or older. 18,192.0310 Ap lieation--Stal mitta1 requirements. Applications for a CUP shall be made to the lel ging Commission on forms prescribed by the ClAy. The applicant for a CUP shall be the property owner or the authorized agent of the property o�vncr as evidenced by written document. A completed application and payment of all applicable fees as established by the City shall be submitted to the Community Development Department. The application for a CUP shall include a site plan prepared to scale, showing accurately and with complete dimensions, all buildings and structures proposed and existing on property. I 8.1921,0 ft Consideration of permit—Public hearing by Planning C0111raiSsiOm A, The Planning Commission shall have the authority to approve,conditionally approve or derty an application for a CUP. In instances when an -application for a CUP is processed concurrently with other land use entitlements requiring action by the City Council, the Planning Commission shall make a recommendation on the CUP application to the City Council. B public hearing shall be held by the Planning Commission after aconiplete application Eras been filed and legally required notice has been given for the hearing. Notice of the hearing shall be published in a newspaper of`, eneral circulation and be mailed to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application not less than ten days before. the date set for the Commission hearing. For this purpose, the name and address of such owners shall be as shown on the latest official assessor's roll of the County. C. At the public hearing, the Planning Commission shall review the application and stateinents, plans and drawings submitted therewith and shall review evidence concerning the proposed use and the proposed conditions under which the use would be operated and maintained. The Planning Commission shall make findings and its decision on whether to approve or deny the application based upon substantial evidence in the form ofverbat or written testimony presented during the public hearing. 18.191050 Public improvement and dedication requirements. A. The City may require the dedication of land and improvements for streets, alleys, drainage, public utilities, bridle trails and flood control purposes that are reasonably related to the proposed use of the project and which are necessary for the orderly development of the site and surrounding properties. Improvements include,but are not limited to: l,, Grading and drainage structures; 2, Curbs and gutters; 3. Sidewalks; 4. Street pavement; 5Water service; 6. Sanitat- y sewer ,facilities and connections; 7. Services from public utilities; & Street trees; Vca'L�Tm,Ord', 3 9. Streetlights and street si{pits: 1 . Security, in a form acceptable to the Citi-, may be sequin: ;by the City to ensure that any public unproverrients required in connection with the approval of as C['l' are constructed and completed prier to the issuarace of any building perinit or certificate of occupancyf fair the OUR Notwithstanding the foregoing, the City shall not require a bond as security for any improvements not reasonably related to the use approved in the C[fR 18,192,060 Approval of permit m findings, Ct,P may he approved or conditionally approved only i f the planning Commission,or the. City Council as appropriate makes the following findings: A. That the proposed de °elopment will riot adversely affi ct the applicable land use plans of the City; B. That the:proposed development will not be detrimental to the public health,safety and welfare. C. That the proposed development will comply to the inaa°ciM1,1111 extent feasible with the regulations of the City's General Platt, the applicable zoning district and the City's development standards; D. That the proposed dev=elopment is appropriateat the proposed location. 18,19107 t :appeal from Planning Corn-ussien decision. A, Within tete days of the Planning Commission's decision. any person may aappe:al the decision to the City Council. The appeal shall be made on fornis provided by the City, and upon payment of the;fees established by resolution cel"the City Council. B. The City,Council shall forthwith hold apublic hearing on the CUP after the hearing i noticed as set, forth in Section 18.1p`04 C. After such public heating,the City Council shall tither approve,modify or disapprove the (.'tip based tip findings required by Section 1&192,050, 18.192.0tf Council action in absence of appeal. Within ten days afterthe t:``ominiss n's decision.orat its next aegulrarlyscheduled City Council meeting after the Commission's decision, whiclie °er is later, the. City Council may, if determined to be in the public interest to do so, appeal any decision cif the Commission, r rto `C:s'c`s f `.J i 4 13. Notice of the City Council hearing shall be published and mailed as required by Section 18.192-040, C. After the hearing,the City Council shall either approve,modify or disapprove the CUP. 18.192.090 Conditional use pertnit-- Expiration. A. Exsept fora CUP issued for aplanned residential development arid, unless other-,vise specified by the, Planning Commission or City Council in the conditions of approval for a CUP, a CUP shall expire two years 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 two-year period. The City Council may, upon submittal of a written application for a time extension by the holder of the permit and prior to the expiration of the CUP, cTrant a one-year extension of time;provided,however,that the total number of extensions for a CUP shall not exceed three. & Failure to develop the use within the time limits of this section shall aniount to the forfeiture of all development entitlement under the CUP. 18.192.100 Revocation or voiding of permit. AThe Commission may, after notice and public hearing, revoke Amy CUP for noncompliance with any of its conditions. B. Notice shall be mailed to the record owneror lessee of the subject propertynot less than twenty days prior to giving public notice, Such notice shall set forth,the noncompliance, and shall request appearance by the permittee at the time and place specified for the hearing, to show cause why the CUP should not be, revoked. C. Notice shall be given as provided in Section 18.192,040. D. Within ten days after the hearing,the Planning Commission may revoke or modify the CUP. After revocation, the subject property shall conform to all regulations of the zone in xvhich it is located. 18.192.110 Reapplication--Waiting period. Following the denial of a CUP or the revocation of a CLT by the City, no application for a CUP for the same or substantially the same use on the same or substantially same site shall be filed within six months of the date of the denial or the revocation of theCull-'." 1 :192.1 0 Violation, 5 It is unlawful for an person to maintain, use or develop nasty premises without a CUP if such a permit is required for the use or development,or to saaaintai n,use or develop any promises c tntrary to the requirements or conditions of any existin=g C1..'P."` Section 2. Section i&196.030 of the Red]ands Municipal Code is hereby amended to rcacl as follows: "Aa The Planning Commission shall have the authority, subject to the procedures set forth in this title, to grant variances from any property development standard of this title when it is found that the strict and literal interpretation of such provisions would decay a use of property consistetst with the intent and purpose of this title and the General Plana In instances when a variance is processed concurrently with other land use entitlements requiring action by the City Council, the Planning Commission ssion shall make a recommendation to the City Council." Section 3. Section 18.1 9614 relating to the approval of variances by the Cite'Council as result of socio-economic impact studies is hereby deleted in its entirety. Section. The]Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and 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 stalltape effect in accordance with law. Mayor of'the Cite of Redlands ATTEST: City' lcrl f, Morrie Poyser, City'Clerk of the City of Redlands,hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular ineeting thereof held on 21st day of Ian nary ? Cts b the following Grote, AY ouncilmembers Peppier. Gilbreath, Harrison; Mayor Haw NOES-, fon ABSENT: Councilmember George v C I ty Clerk ti�.