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HomeMy WebLinkAboutOrdinance - 2281 - Interim Zoning Provisions ORDINANCE NO. ZZ/( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING, EXTENDING INTERIM ZONING PROVISIONS TO ENSURE THAT PHYSICAL DEVELOPMENT IN THE CITY OCCURS IN CONFORMITY WITH THE GENERAL PLAN THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council finds and declares as follows: A. Redding's General Plan, adopted on October 3, 2000, and effective on November 2, 2000, contains land use classifications which, in some cases, do not correlate directly with the zoning districts contained in Title 18 of the Redding Municipal Code. B. The General Plan Diagram, in certain instances, conflicts with the land use classifications previously applied to properties. Rezoning of these properties to reflect the new land use classifications has not yet been accomplished. C. The present zoning ordinance of the City of Redding, in some instances, does not conform to the objectives, policies, and intent of the General Plan. D. The City Council has approved a work program to update the City's zoning ordinance and rezone properties in a timely fashion in order to achieve conformance with the adopted General Plan. E. An urgency ordinance is necessary for the immediate preservation of the public peace,health, and safety in that the issuance of development permits which are inconsistent with the General Plan inhibits community-desired development patterns and prevents the General Plan from acting as the constitution for development within the City, a foundation upon which all land use decisions are to be based. Further, where such zoning inconsistencies exist, the inconsistency with the General Plan violates the provisions of Government Code Section 65860. Authority for establishing interim zoning measures is afforded by Government Code Section 65858. On December 5,2000,the Redding City Council adopted said emergency ordinance to be effective for a period of 45 days. SECTION 2. INTERIM REVIEW PROCEDURES,GENERALLY. In order to facilitate and encourage orderly development within the city during the interim period during which the zoning ordinance is being revised and properties rezoned, the following interim review procedures are established for all land use requests and development applications: SQ A. All discretionary land use actions and physical development applications shall be reviewed 1 for conformance with the objectives, policies, and intent of the General Plan. B. No application shall be denied if found to comply with the General Plan and the objectives, policies, and intent expressed therein, even though such application is found not to comply with the use provisions of the present Zoning Ordinance of the City of Redding. C. The Development Services Director(Director)shall have the authority to determine whether or not a project or proposed land use conforms to the objectives, policies, and intent of the General Plan. The Director shall also have the authority to determine the intensity and density of uses that should be applied to a given property based on the General Plan land use classification that has been designated, anticipated future zoning, if any, and an analysis of existing and surrounding development. The Director may, at his discretion, refer the consistency determination to the Planning Commission. D. Any person dissatisfied with the determination of the Director may appeal the determination to the Planning Commission by filing a written appeal with the City Clerk within ten days of the determination. The Director shall thereupon set a date for a public hearing to be held before the Planning Commission,provide notice of said hearing as required by State law and local ordinance, and submit a report to the Planning Commission in advance of the hearing, which report shall set forth the reasons in support of the determination. E. Any person dissatisfied with the decision of the Planning Commission may appeal the decision in the manner set forth in Section 18.74 of the Redding Municipal Code. F. The following table provides guidance on the correlation between the General Plan land use classifications and existing zoning districts and related standards. The table may be used as a guide in assisting in initial project design, but does not supercede Items 2A, 2B, or 2C above. GENERAL PLAN/ZONING CONFORMANCE GENERAL PLAN CLASSIFICATIONS APPLICABLE ZONING DISTRICTS 5P (5 acres/unit) R-1-B5A, R-1-BFM ' 1-5 (1-5 acres/unit) R-1-B40, R-1-B50, R-1-B2A,R-1-BFM 1-2 (1-2 units/acre) R-1-B40, R-1-BFM, R-1-B15, R-1-B20 ' 2-3.5 (2-3.5 units/acre) 3-5-6 (3.5-6 units/acre) R-1,R-1-B15, R-1-BFM ' 6-10 (6-10 units/acre) RM-6, RM-9 z,4 10-20 (10-20 units/acre) RM-12, RM-18 2.4 20-30 (20-30 units/acre) RM-24 ',4 LO(Limited Office) R-4 GO (General Office) C-O GENERAL PLAN CLASSIFICATIONS APPLICABLE ZONING DISTRICTS MUC (Mixed Use Core) C-4; C-2 3 NC (Neighborhood Commercial) C-1 SC(Shopping Center) C-2 GC (General Commercial) C-2 RC (Regional Commercial) C-2 HI(Heavy Industry) M-2 GI(General Industry) M-2,PI 3 HC (Heavy Commercial) C-3, C-6 3 PF-I(Public Facilities or Institutional) U PF-I-S (Public Facilities or Institutional School) PK(Parks—improved open space) U PK-G (Golf course—public) REC (Recreation) GWY (Greenway) OS AS (Airport Service) U 1 Minimum lot sizes to be determined by the Development Services Director. 2 Residential density to be determined by the Development Services Director. 3 As determined by the Development Services Director. All properties currently zoned "R-3" shall be considered to be zoned "RM" to ensure that subsequent development is in conformance with the policies and intent of the General Plan. Notes: a. The "U" Unclassified zoning of properties remains in full force and effect. Development applications on such properties will be processed in accordance with the regulations of that district. b. All. existing "Combining Districts" shall remain in full force and effect. SECTION 3. INTERIM REVIEW PROCEDURES,AIRPORT ENVIRONS. Until such time as the Shasta County Airport Land Use Commission approves new Comprehensive Land Use Plans (CLUPs) for Redding Municipal Airport and Benton Airpark, the development policies of the Redding Municipal Airport and the Westside Area Plan, pertaining to the airport environs,remain in effect. Where there is a conflict between said area plans and the General Plan, the General Plan shall prevail. The following specific policies and figures from the above area plans shall continue to govern the review of development applications in the vicinity of these airports: Municipal Airport Noise: Policies 2f, 2g, 2h, 2j. Figures 5, 5.5, 5.6, 6. Safety: Policies 3b, 3c, 3e. Figure: Industrial Occupancy Classifications. Land Use: Policies 5f, 5h, 5j, 5i, 5p. Benton Airpark Aviation Noise: Policy 1. Safety: Policies 1, 2. SECTION 4. This extension of the ordinance shall remain in full force and effect through December 1, 2001, following its enactment and shall thereupon be repealed without further action by the City Council unless, after formal public hearing, the City Council by a four-fifths affirmative vote extends the ordinance for a period of time permitted by law. SECTION 5. The City Council finds and declares that for the reasons set forth above, it is necessary as an emergency measure for preserving the public peace, health, or safety that this ordinance become effective immediately. I HEREBY CERTIFY that the foregoing Ordinance was introduced and read at a regular meeting of the City Council of the City of Redding on the 16th day of January 2001 and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS:Cibula, Kight, Pohlmeyer, Stegall and McGeorge NOES: COUNCIL MEMBERS:None ABSENT: COUNCIL MEMBERS:None ABSTAIN: COUNCIL MEMBERS:None • All.>• .407 z MAY 11r r ATTEST: FORM APPROVED: CONNIE STROHMAY '; ty Clerk W. LEONARD WING , City Attorney ZON\Interi mord-2.•wp d