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HomeMy WebLinkAboutOrdinances_1329_CCv0001.pdf ORDINANCE NO, 1329 0 R DINANCEN I G ZONING ORDINANCE NO. 1000 OF THE CITY OF REDLANDS BY ADOPTINGEND " `T NO. 74 THERETO T E CITY CXJNC I"L OF THE CITYOF REDLANDS DOES ORDAIN AS FOLLOWS:: Section One: That Zoning Ordinance No. 1000 of the City of Redlands, Section 50. 00,Variances, and, Section 51.00, Change of Zone, be hereby amended as follows : SECTION -Cog -, VARIANCES The purpose of a variance shall be to insure that no property, because of special, circumstances applicable to it, such as size, shape, topog- raphy, location, or surroundings;, shall be deprived of privileges com- monly enjoyed by other properties i Section 50 .,30 - PRO.CEDURE A., Applica.tion Application for a variance shall be made by the property owner, or his authorized agent, to the Planning Conunission on a form provided by the Planning Department, and shall be accompanied by a filing fee of f,i dollars ($50.00) B . AA cc cpm ' ne n ii_11a ros and Data An application for a variance shall be accompanied by maps showing the subject property as well as the surrounding area. Pians of the subject property shall: show all: existing and, proposed buildings and Wises, and any ether data required by the Planning Department to adequately present the application to the Commission. In cases where the Planning department considers, the application not within the scope of the variance procedure, the applicant will be so informed, whereupon if the application is accepted, it shall be signed by the applicant to the effect that he was so informed. ublicGari q_ Date. and Notice L, publics hearing shall be held by the Planning Commission on the nearest scheduled meeting date not less than twenty- one w n y-o"ne days after the filing of the application Notice r shall be published in a newspaper of general circu- lation awrci --lation not less than ten (1'0) days before the date set for the. Planning Commission hearing. 77he notice shall contain all data related to the case. ,. "Notices shall be mailed not less than fere ( ) clays prior to tete date of the meeting to owners of property within a radius of three hundred (300) feet of the external bound- aries of tete property described in the application, wising for this purpose the name and address of such owners as are slhcxtrat- on the latest official tax roll of the County of San Bernardino,. Such notice shall contain all pertinent data related to the case. ,, cisions `v Commission The dead si gn of the Commission shall be final unless an appeal therefrom is taken to the Council as provided for in Section 50..40,. Such decision shall. not become effective for ten (10) days from the date that the written decision has been made and notice thereof; mailed to the applicant . Ordinance No. 1329 Page two F. Notice of Decision Not later than; tern (1 days following the PlanningCommission ' s action in granting or denying the variance, a written report of the decision shall be mailed to the applicant at the address shown on the application form. A copy of said report shall also be forwarded to the City Council . ,, Conditions, to � rCL,7a1 Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not consti- tute a grant of special. privileges inconsistent with the limita- tions upon other properties in the vicinity and zone in which such property is situated. The Commission shall set forth such conditions as it deers necessary and reasonable to protect the: best interests of the surrounding property or neighborhood, the General Plan or the intent thereof. Said conditions may include: the dedication and development of streets adjoining the property and other improvements .. All such conditions shall be binding upon the applicants, their successors and assigns. Section 50,.40 - APPEAL OF COMMISSION DECISION ISION 1 Appeals may be taken to the Council, by the applicant or any other person aggrieved by the Commission ' s decision. 2. Appeals shall be tiled on forms supplied by the Planning Department with the Council within tern. (10) days from the date of the Commission decision or at the next regular Coun- cil meeting following the Planning Commission meeting. _. On the appeal, the Council shall review the decision of the Commission, hear new evidence and testimony, if offered, and in deciding the appeal, may either affirm, reverse, or modify the decision of the Commission. _. The Council may, an its own motion, cause any Commission decision to be appealed. Section 5M0 - VOIDING ARI Cs S Each variance granted under the provisions of this article ,shall: become null and void unless 1., The construction authorized, by said variance or permit shall have ,been commenced within. one hundred and eighty (180) days after the granting of said variance and pursued diligently to completion or 2. The occupancy of land or buildings authorized by such variance has taken place within one hundred and eighty (180) days after the granting of such variance Ordinance '1329 Page three 3. Where circumstances beyond the control of the applicant cause delays which do not Permit compliance with the time limits established herein, the Commission may grant an ex- tension of time for a period not to exceed an additional ninety (90) days. 4. The Commission may void any variance for non-compliance with the conditions set forth in approving the variance. Secton 50.60 - MODIFICATIONS The Commission may, as an administrative act, consider and approve modifications to property development standards at a public meeting when such modifications are determined to be in the public interest. Written notice of the hearing date, time, and subject request shall be mailed to adjacent property owners not less than five (5) days prior to the meeting, Said modifications are limited as follows: Lot area requirements, yard requirements, and lot dimension requirements may be reduced for an individual lot by not more than twenty (20) percent of that re- quired in the district where, in the Commission ' s judgment, the shape of the individual building site, topography of the site, the location of an existing building, or other conditions make strict compliance impossible without practical difficulties or personal hardships . SECTION 51.00 - CHANGE OF ZONE Whenever the public necessity, convenience, general welfare, good zoning practice, or the policies set forth in the General Plan justifies such action, this ordinance may be amended by changing the boundaries of zone districts. Section 51 .01 - PROCEDURE Zone changes may be 'Initiated by the City Council, by the Planning Commission, or by an application of the owner of any property within the area Proposed to be changed. A. Ap2lication and Fe. t' Application shall be made or, a form provided by the City and shall be accompanied by a filing fee of Seventy-five (75) Dollars, plus one (1) Dollar for each additional lot, or, if in acreage., plus Four (4) Dollars per acre, to help defray the cost of processing the application. BLAc�c0Ila p - 7,1i,�n Us and Data _�I ,ia Ma, An application for a change of zone shall be accompanied by maps showing the subject property as well as any other data required by the Planning Department to adequately present the application to the Commission, ordinance 1329 Page four c, Public Hearing Date and Notice 1® A public hearing shall be held by the Planning Commission on the nearest scheduled meeting date not less than twenty- one days after the filing of the application. 2. Notice shall be published in a newspaper of general circu- lation not less than ten (10) days before the date set for the Planning Commission hearing. The notice shall contain all data related to the case. 3. Notices shall be mailed not less than five (5) days prior to the date of the meeting to owners of property within a radius of three hundred (300) feet of the external boundaries of the property described in the application, using for this purpose the name and address of such owners as are shown on the latest official tax roll of the County of San Bernardino® Such notice shall contain all pertinent data related to the case. Not later than ten (10) days following the hearing,- the earing,the Planning Commission shall, render its decision in the form of a written recommendation to the City Council. Such recom- mendation shall, include the reasons for the recommendation. D, Consideration b mmissioii in considering any request for a change of zone, the Commission shall satisfy itself that the following conditions prevail before recommending to the City Council that the change be granted: 1. That the proposed change of zone is in conformity with the General Plan of the City of Redlands. 2. That there is a need in the community for more of the types of uses permitted by the zone requested. 3. That the proposed change of zone would not adversely affect the surrounding area or the community in general. ECommission Action The Commission, based on the evidence submitted and its own study and knowledge of the circumstances involved, may deny a request for a change of zone or may recommend that all or any part of a request for a change of zone be granted. Section 51.02 - COUNCIL ACTION 1. Upon receipt of the recommendation of the Planning Commission for approval, the City Council shall hold a public 'hearing. if the Planning commission has recommended against adoption of such amendment, the City Council shall not be required to take any further action thereon unless an interested party requests such a hearing by filing a written request with the City Clerk within five (5) days after the Planning Commission files its recommendations with the City Council. ordinance 1329 Page five 2. Notice of the time and place of said hearing shall be given in the manner provided for by law. 3. in addition to notice by publication, the City Council may give notice of the hearing in such other manner as it may deem necessary or desirable. 4. Any hearing may be continued from time to time. 5, The City Council may approve, modify or disapprove the rec- ommendation of the Planning Commission; provided, that any modification of the proposed change of zone by the City Council shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the city Council, shall be deemed to be approval of the proposed modification. SECTION 51.10 - ORDINANCE TEXT AMENDMENT Whenever the public necessity, convenience, or general welfare justifies such action, this ordinance may be amended. Section 51.11 - AMENDMENT PROCEDURE An amendment to the text of this ordinance which imposes any regula- tion not heretofore imposed or removes or modifies any such regulation heretofore imposed shall be made in accordance with procedures pro- vided by this section. A. Initiation 1. The Planning Commission may initiate proceedings by motion. 2. The City Council may initiate proceedings by motion and then refer the matter to the Planning Commission for public hearing. 3. The Planning Department may propose amendments to the Plan- ning Commission for consideration. B. Public Hearing and Notice The Planning Commission shall hold a public hearing on any such ordinance or amendment. Notice of the time and place of said hearing, including a general explanation of the matter to be considered and including a general description of the area af- fected, shall. be given not less than ten (10) calendar days before the hearing. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city. C. Commission Action The Planning Commission shall review the proposed ordinance or amendment as prepared by the Planning Department, and following the required public hearing shall file a written report of its recommendation with the City Council. ordinance 1329 Page six Section 51 . 12 - COUNCIL ACTION 1. Upon receipt of the recommendation of the Planning Commis- sion, the City Council shall hold a public hearing. 2. Notice of the time and place of said hearing shall be given in the manner provided for by law. 3. In addition to< notice by publication, the City Council may give notice of the hearing in such other manner as it may deem necessary or desirable. 4. Any hearing may be continued from time to time. 5. The City Council may approve, modify or disapprove the recom- mendation of the Planning Commission; provided, that any mod- ification of the proposed ordinance or amendment by the City Council shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the pro- posed modification. Section 51.15 - MINOR AMENDMENTS minor amendments to the ordinance text which neither impose new regu- lations nor remove or modify existing regulations may be initiated and adopted as other ordinances are initiated and adopted. Section Two: This ordinance shall be in force and take effect as provided by law. Section Three: The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and published in the City of Redlands. ATTEST: s/ Waldo F. Burroughs Mayor of the City of RedlaiT—ds Ci �erk� - APPROVED FOR FORM: s/ Edward F. Taylor City Attorney 1, Peggy A. Moseley, City Clerk, City of Redlands., hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 7th day of February1967, by the following roll call vote: AYES: Councilmen Martinez, Hartzell, Cummings, DeMirjyn, Mayor Burroughs NOES: None ABSENT: None A4 city ordinance 1329 Page seven