HomeMy WebLinkAboutOrdinance 2129 - Amending Title 18 r r 0
ORDINANCE NO. Z I Z 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDDING AMENDING PORTIONS OF REDDING MUNICIPAL
CODE TITLE 18, ZONING.
The City Council of the City of Redding does ordain as follows:
Section 1. Redding Municipal Code Title 18, Zoning, is amended as follows.
I. CHAPTER 18.50, USES REQUIRING USE PERMIT, IS REPEALED.
II. CHAPTER 18.70, PERMITS, IS REPEALED; AND THERE IS HEREBY ADDED TO
THE REDDING MUNICIPAL CODE CHAPTER 18.70 ENTITLED USE PERMITS,
WHICH IS TO READ AS FOLLOWS:
CHAPTER 18.70
USE PERMITS
Sections:
18.70.010 Use Permit—Issuance
18.70.020 Use Permit—Application
18.70.030 Special Uses Requiring Use Permit
18.70.040 Special Uses Not Requiring Use Permit
18.70.050 Use Permit—Public Hearing
18.70.060 Use Permit—Findings
18.70.070 Use Permit—Appeal
18.70.080 Time of Issuance.
18.70.010 Use Permit—Issuance.
Use permits,-revocable, conditional, or valid for a term period--may be
issued for any of the uses or purposes for which such permits are required or
permitted by the terms of this title.
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18.70.020 Use Permit—Application.
Application for a use permit shall be made in writing to the Board of
Administrative Review by the property owner or his written authorized attorney-
in-fact on a form prescribed by the Planning Commission and shall be accompanied
by plans and elevations necessary to show details of the proposed use and the
proposed location of the building on the premises. The application shall be
accompanied by the prevailing fee as established by the City Council by
resolution.
18.70.030 Special Uses Requiring Use Permit.
A permit shall be required for the following list of special uses. Such uses
shall also conform to all other regulations of this title.
A. Amusements.
1. No circus, carnival, sideshow, dance hall, skating rink, bowling
alley, recreation parlor, race track, or similar use may be
established in any district wherein the use is permitted, or on any
public land, without first obtaining a use permit, provided that a use
permit shall not be required if another section of this code requires
approval of the use by the City Council, in which case approval by
the Council shall be sufficient.
2. The Board of Administrative Review or Planning Commission shall
have the right to refuse to grant any such use permit if it determines
that the granting of the permit will be contrary to the preservation
of the public peace, safety, or welfare. If the permit is granted,
such terms, conditions, and restrictions may be imposed upon the
operation, management, and conduct of the business as may be
deemed necessary. The applicant or any interested person may
appeal in writing to the Planning Commission and, if not satisfied,
may appeal in writing to the City Council.
B. Establishment Serving Alcoholic Beverages.
No dance hall, roadhouse, nightclub, commercial club, or any establishment
where alcoholic beverages are served, or commercial place of amusement or
recreation shall be established in any district closer than 300 feet to the
boundary of any residential district, unless a use permit is first obtained
in each case.
C. Outdoor Activities.
In commercial zones where outdoor sale establishments are uses requiring
a use permit, or on any public land, no outdoor swap meets, flea markets,
tent sales, open-air theaters, outdoor storage yards, or similar use may be
established without first obtaining a use permit.
18.70.040 Special Uses Not Requiring Use Permit.
A. Christmas Tree and Pumpkin Sales.
Outdoor sales of Christmas trees or pumpkins shall be permitted in the "C-
2," "C-3," and "C-6" Districts and in the "U" District with a General Plan.
classification of "Retail" or "Service Commercial" without a use permit. The
use may include one temporary trailer for watchman and sales office in
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conjunction therewith, provided no curb-side sales are allowed and the
operation does not utilize parking area required for another commercial use.
18.70.050 Use Permit—Public Hearing.
A. A public hearing is not mandatory, but the Board of Administrative Review
may hold any hearings it deems necessary or it may refer the application to
the Planning Commission for decision.
B. In case a public hearing is deemed necessary, notice of the hearing shall be
given not less than ten (10) days prior thereto, by mailing, postage
prepaid, a notice of the time and place of the hearing to the applicant and
to all persons owning property within a distance of not less than 300 feet
from the exterior boundaries of the area actually occupied or to be occupied
by the use which is the subject of the hearing.
18.70.060 Use Permit—Findings.
A. In order to grant any use permit, the findings of the Board of
Administrative Review shall be that the establishment, maintenance, or
operation applied for will not, under the circumstances of the particular
case, be detrimental to the health, safety, peace, morals, comfort, and
general welfare of persons residing or working in the neighborhood of the
proposed use or be detrimental or injurious to property.
B. The Board of Administrative Review may impose reasonable conditions in
relation to the grant of use permit and may require reasonable guarantees
from the applicant that the conditions subsequent, as are so imposed, will
be complied with.
18.70.070 Use Permit—Appeal.
A. In case the applicant or others affected are not satisfied with the action of
the Board of Administrative Review, they may, within ten (10) days after
the'decision, appeal in writing to the Planning Commission.
B. The Planning Commission shall set a date for a public hearing within forty-
five (45) days following the receipt of the appeal and shall mail notices
thereof in the manner provided in Section 18.70.050.
C. The Planning Commission shall render its decision within thirty (30) days
after the conclusion of the public hearing. If no decision is rendered within
such period, the action of the Board of Administrative Review shall be
deemed affirmed.
D. If an applicant or any other party is not satisfied with the action of the
Planning Commission, he may, within ten (10) days and after paying a fee,
appeal in writing to the City Council per the requirements of Chapter
18.74.
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18.70.080 Time of Issuance.
A. No building permit shall be issued in any case where a use permit is
required by the provisions of this title until ten (10) days after the
granting of the use permit or, if the grant is appealed, not until ten (10)
days after the public hearing before the Planning Commission.
B. If the decision of the Commission is appealed, the building permit shall not
be issued until the appeal has been considered and acted upon by the City
Council.
III. CHAPTER 18.76, REVOCATION OF PERMIT OR VARIANCE, IS REPEALED; AND
THERE IS HEREBY ADDED TO THE REDDING MUNICIPAL CODE CHAPTER 18.76
ENTITLED REVOCATION/EXPIRATION OF PERMIT OR VARIANCE, WHICH IS TO
READ AS FOLLOWS:
CHAPTER 18.76
REVOCATION/EXPIRATION OF PERMIT OR VARIANCE
Sections:
18.76.010 Expiration
18.76.020 Revocation
18.76.030 Revocation Hearing.
18.76.010 Expiration.
Any use permit, administrative use permit, site-plan-review permit, variance,
or zoning exception is null and void without further action by the City if the
activity or the use for which the permit, variance, or exception was granted has
not been actively and substantially commenced within two (2) years of the date of
approval or the date that any disapproval was reversed on appeal. No extensions
of time shall be granted beyond the two- (2) year time frame.
18.76.020 Revocation.
Any use permit, administrative use permit, variance, zoning exception, or
animal permit (pursuant to Chapter 7.04) granted in accordance with the terms of
this title may be revoked if any of the conditions or terms of the permit or variance
are violated, or if any law or ordinance is violated in connection therewith.
18.76.030 Revocation Hearing.
The Planning Commission shall hold a hearing on any proposed revocation after
giving notice to the permittee at least ten (10) days prior to the hearing by mailing,
postage prepaid, a notice of the time and place of the hearing to all persons owning
property within a distance of not less than 300 feet from the exterior boundaries of
the area actually occupied or to be occupied by the use which is the subject of the
hearing.
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Section 2. The City Council has reviewed and approved the Negative
Declaration, finding that the project has no substantial impact on the environment and that
an environmental impact report is not necessary.
Section 3. This Ordinance shall take effect 30 days after the date of its
adoption.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and
cause its publication according to law.
I HEREBY CERTIFY that the foregoing Ordinance was introduced and read by the
City Council at a regular meeting on the 16th day of May , 1995; and was duly read and
adopted at a regular meeting on the 6th day of ,Tune , 1995, by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, McGeorge, Murray and Kehoe
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
DAVID KEHOE, or
ATTEST:
CONNIE STROHMAY. City Clerk
FORM APPROVED:
W. LEONARD WINGATE, City Attorney
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In the Superior Court of the State of California
in and for the County of Shasta
0
CERTIFICATE OF PUBLICATION
not cC of the bine antl place of the I
ORDINANCENO 2129k+r z.r' ' '-n n
AN'ORDINANCE OF THE'CITY COUNCILmOF THEtCITY OF,'" "roperty., within a'.d stance--of�gnot
2129 x REDDING AMENDING PO RT IONsOFrREDDING MUNICIPAL
ext I,-
.-bounds nes ofx�ihe.area zi,
'°¢, - ,., ,occupicii by the use3which Is ihelsubi
�; ,-, CODE TITLE 18 tZONING �i - Section 2`TheCity Council4has
NO. _________ ______ The Gtv Council of the Clty of Redding does ordain as follows€
t Ne lailvc Declaration furtlin911hat t
Sectlon 1 Redding Mumapal CodeiTltle 18 sZon mg lisgamentled`- Imi act on the envlronment?'a ndd TY.
�4 ",` yrcport Isnot n ce essa
1 CHAPTER 98 SO USES REQUIRINGkUSE PERMIT ISS
Ordinance of the City_ Council Section 3oThis Ordinance shoo.
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------ R E P,E A L E D a
____________________ i ,�,y,,� -,,,,� .„i zalr,: ;ter.,' datCi Of Its ori fl q
Ib- CHA'PTER1870 PERMITS IS'IREPEALED ANDx;.THERE ., Sectlon<4 T,he`,City Clerk"`shallce
JS HEREBY ADDED;TO THE;REDDINGMUNICIPAL �° x
Ord inonce and cause Its publicatwn,l
City of Redding ,"CODEvCHA'PTER,18.70 ENTITLED US EPERMITS HEREBY CE RTIFY� that p.tl
---------________ ----_--___"----------------------------------------------__ :WHICH IS_TO READ AS FOLLOWS psi. ` r {nlroauced and>~read by the Gtv�Col
CHAPTER1870 ti?. r ihc,161hrdov of May.w1995 andtwa.
` USE PERMIfTS :�' ul r. regularmeciinq onr�ihe 6ihftlav,of
SectionsA tE
----- ------- --------- --------- --------- ----------- 18 70010 U sc.P,crmitl ssuance "1 Y S COUN 1�`MEN18ER5
.'8/0020 Use Pc(mit APPticat ion �$ sR andcrson 4McGcorge�Nlurrov "a n'
18 70030 Special:Uses RegUinng UsePermit qs+,,, NOES COUNCIL MEMBERS
STATE OF CALIFORNIA F 70.On0 Speeial'Uscs Not;f2equiring;Use Permit ABSENT COUNCIL MEMBERS
55. 18 7U p�0 Usc Pcrm t Public Hcannq° ABSTAIN COUNCIL MEMBFRS'
a
COUNTY OF SHASTA a 70 oeo use Permli Finam9s a a srDa
1 Dau
18 70 070 use'�Permit Appeal
1870.010+Use Perm Ylssupoce AT T�E STan
S ? t` FOR
hereby certify that the Record Searchlight is a Usc permits,revocable„conditional or valla for a term period s Conmc St rohmaver
rm4=be issued for any�of the uses or purposes for which such CONNIE STROHMAYER W L
newspaper Of general elfCUlatlOn within the provisions permits are required°'or Permitted by the term`s of this irtle 1 r ° Citv;Clertk m rC iV`
g P 18 70.020 Use P.ermii Application ;. ” x JunC 1:`1995
ApPl cot
ion;'or
"`o use�PcYmit shrill be made in writing to the--,I
of the Government Code of the State of California, C,f3a<Ird c l Iminisiratrve'Reylcw.tiv the ProPertvi owner or his t
written authorizes attoniev m facfi.on a.form prescribed by the,
Planning;Comn155ion.ono Shall be` accompanied by plans antl,
printed and published in the City of Redding, County clevation5•`necassary to;sfiow serails or ine Proposed us`elond
proPosed,location'of ihe.itiuildmg ontahe Prarnises She"aPPhcahon'
of Shasta State of California; that 1 am the principal shdll'be accompanied bv,the prevailing}ee as,esrablahed by rhe'
City Councifby resolution`.
18.70.070'Speual"Uses Requiring Use°Permit �,,1v
clerk of the printer of said newspaper; that the notice Aper mit Shall be,requi etl far ihel,followingllst Of special
uses-by u5CS:5hpll also conform to all othere re9ulahon5 of rhes
of which the annexed clipping is a true printed copy Aniuse
Lmenrs.
No'cirCUs care iv0l;sideshow]dance hall skgfin9a
rink bowling alleY:recreahon Parlor race
was published in said newspaper on the following or si nilar use mav`be established in any tllsirict
wherein the use I S'Pcrml tied,or on(in ypPubllc lantl r 1",,i
W ltllOUf'fir51 obta riling a use Permit prOVldetl ihpiPga
dates,to wit: use psi mrt shall not'bC required rf anotF cr section'of
this co derCquveS;Opproval Of,ihe useibv the City{,
CounUl,in which Case aP PrPval by rhe CounUl snail f
bC Sufficient" s T,r�;
June 14 1995 7 n 7 5The,Boo rd of'Ad r imstrative'+Review ot;P lamm�g,,
---------------�--'�- ---------------- ------------------------------------------- -_Commissshall;have the,�ight tggrefuse to9rant any.
such-use permit¢ifAt dote rm lines that,the granrin9!�0}
t; the Perr*ilt will be�contrarY to;ihe preservation of;,�ihC
publjc;poace�safety or welfafe tf the p„erm t Is .„
----- --------- ------------- ---- --------- ----------- ----------- .%' `•nranted,`sueh`tern9.Conditian5”andretitncNOns";mqv
^`. bC Imposed VPOn>1 tic OPCrail Ofl maflageltlenl and,.
`- con'duci--:df ihepusiness as'rnav be deemed necessa rv >
certify under enol of perjury that the foregoing ' 'hb o""l aon?„or,any inteiestgd,person='maY appeal in
Y penalty P I ry writjngto the Planning Commission and if not
"`-satisfied;`may,`OPpeal in W%i.ting to the"City Council
8 EstabhShrrSenl Serving Alcoholic Beverages "
r No da nce;hall roadhouse,nightclubcommerual club
is true and correct, at Redding, California on the or nirY Cstabhshment where alcoholic beverages are”
.served.or.corrlmercial place of lamusement or
r`ecraahoit shall be esiubhshed In anv disicict clas e _
*than 300 feet to the.bounaary ofl`anv resideh
`nal
------- 14th --------- day of _______`Tune---- dlstnct,,unloss a use permit Is first obtained In t ;L
95 aC 'Ih scrum r&alit ones where Quid
Toor sale establishments
19___ gre'uses requiring a;iise permits,'or,„mrv.publtc'
n0 outdoor,`swq,,me0M Qea.morkets Y0n1¢'SaleS ,
open ai r,thoaters;outdoor,storage yords',O.rr similar a
use may beestablished.'withoutfirstobt`aimngFa'usel.; t
Zl
18 70.040 Speual.Uses Not Requiring.Use Permit r
A Christmas Tree and Pumpkin Sales ''
i �jam ` /1�7 ..� f _� /--,[>'�f_ de �� ,Outdoor sales of Christmas trees or pumpkins shallbe
uermitted�in fhe C 2,: C 3 ane 6rDisiricrs `i
Signatureand in the 'U District with a General`Plah v j
: elassificatipn of Retail or Service Corrimerual
-” without'a'use pormit.'The'uselmay include one
fempororyii`railer fol waichinon andsales;gfPoce,ln^? t
�coniunciion`iherewiih;prov)ded�no cu'rb'side sales'{=
x
.-,ar•e'bllowed and,itSe operation docs not utilize t�" ;�
' Parking area requires for,another c9mmercwl use
18,
8 70.050 Use-,Permit Public Hearing:
A A public hearing a not mandatory but the Board O}• ,
RECORD SEARCHLIGHT Admtrist rat ve Rev,iow may holtl'anv hearings it deems f `;
ncccssa�v or It may refer the aPPhcahonto the _ i i s-
1`P.lanning Commissjontor decision ,
1101 Twin View Blvd., Redding, California 96003 ic hearing is deemed necessary notice
of the hearing shall tie given hot less than
'Clbvs prior thereto by-mpllln9,of postapfepald
a nohce�of rthe time stria ploce` the ge heanhglto the �
�i
',aPpI l can tea nd to all Pprsansi.oWq i ng prapeRty,Wiihln
i° ',o dlstancexof not less=lhan 300 feet from�tte° ..fit'
C *extenoriboundanes of the area actually occupied` :'
o`r to be occupied by the use whsch is the subject of s t
the hCanngi � ,
10 70:060 UserPecmit Findings ,y� x.,. ; r3i.� a ��.,
Ati In ortler ro'vgrant ar,y'use Permit the findin95 of the,
��vs Board of`A;fmmistrativerRCview shall be that chef `::: � y,l
y_tu,establishment maintenance or'oPerafion>aPpheid foFi yr;l