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Redlands City Zoning Code

CHAPTER 18

12 ADMINISTRATIVE PROVISIONS

18.12.010: PURPOSE OF PROVISIONS:

The purpose of the provisions of this chapter is to provide procedures for commission consideration of matters related to the orderly development of the community. (Ord. 1000 § 32.00, 1955)

18.12.020: SIMILAR USES PERMITTED BY COMMISSION DETERMINATION; APPLICABILITY:

   A.   It is recognized that in the development of a comprehensive zoning ordinance:
      1.   Not all uses of land can be listed, nor can all future uses be anticipated; or
      2.   A use may have been omitted from the list of those specified as permissible in each of the various zones designated in this title; or
      3.   Ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title.
   B.   Hence, the subsection entitled "similar uses permitted by commission determination" appears under the "permitted uses" section in each zone. (Ord. 1000 § 32.10(A), 1955)

18.12.030: UNLISTED USES; APPLICATION TO CITY REQUIRED:

Applications for approval of an unlisted use in a particular zone shall be made on forms supplied by the planning department and accompanied by a fee as set by the city council. (Ord. 1000 § 32.10(B), 1955)

18.12.040: UNLISTED USES; CONDITIONS OF PERMISSION:

In recommending the permitting or classifying of an unlisted use, the commission shall first make a finding that all of the following conditions exist:
   A.   The use is in conformity with the stated intent and purpose of the zone;
   B.   Field investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the zone wherein it is proposed to be located;
   C.   The subject use is similar to one or more uses permitted in the zone within which it is proposed to be located; and
   D.   The subject use will not cause substantial injury to the use of property in any abutting zone. (Ord. 1000 § 32.10(C), 1955)

18.12.050: UNLISTED USES; COMMISSION RECOMMENDATION:

The commission shall consider all pertinent facts concerning the requested use. Upon completion of the investigation, the commission may, by resolution of record, recommend to the city council the zone or zones in which the use may be permitted, and any conditions that should apply to the use which are not adequately set forth in the zone or zones. The recommendation shall be filed with the council within thirty (30) days after commission action. (Ord. 1000 § 32.10(D), 1955)

18.12.060: UNLISTED USES; COUNCIL ACTION:

The city council, after receipt of the recommendation, may either approve, modify, or reject the same. (Ord. 1000 § 32.10(E), 1955)

18.12.070: PROPOSED DEVELOPMENTS OR IMPROVEMENTS:

The purpose of the provisions of this section through section 18.12.130 of this chapter is to enable the commission to review a proposed development or improvement, and establish conditions which will ensure conformity with the intent and regulations of the particular district. (Ord. 1000 § 32.20(A), 1955)

18.12.080: SITE PLAN APPROVAL AND PROCEDURES:

   A.   Application: The applicant must be the property owner or an authorized agent of the property owner. A completed application and payment of the applicable fee, as established by resolution of the city council, shall be submitted to the development services department accompanied by thirty (30) copies of the site plan and elevations. The site plan shall be prepared to scale, showing accurately, and with complete dimensioning, all buildings and facilities proposed for the property. The data contained on the site plan shall include information on the location of the buildings, structures, signs, parking, landscaping, walls, or fences, and the points of ingress and egress. In addition, all necessary information to clearly show the intended use of the property and its relationship to adjacent properties shall be included.
   B.   Security: Prior to the issuance of any building permit, the applicant shall furnish security to the city guaranteeing the faithful performance of the public work, in the sum equal to the cost as estimated by the city engineer, including a percentage for contingencies. Ninety percent (90%) of this security shall be in the form of a bond furnished by a surety company satisfactory to the city, and ten percent (10%) of the security amount shall be cash, an irrevocable letter of credit, or other security satisfactory to the city. The security may be used to pay the city's costs of maintaining barricades, correcting street hazards, site cleanup, or repairing any street, irrigation line or other utility causing a hazard, nuisance or inconvenience to the public. In addition, the applicant shall furnish a labor and materials payment bond to the city, furnished by a surety company satisfactory to the city, in the amount of one hundred percent (100%) of the cost of the public work as estimated by the city engineer.
   C.   Requirements For Dedications And Improvements:
      1.   Dedications, Easements: The city engineer may require dedications and/or easements for streets, alleys, drainage, public utilities, bridle trails, flood control, and such other rights of way as may be determined to ensure the orderly development of the property and abutting properties.
      2.   Improvements: The city engineer may require improvements, including, but not limited to, the following to ensure orderly development of the property and abutting properties:
         a.   Grading, drainage and drainage structures necessary to protect the public safety,
         b.   Curbs and gutters,
         c.   Sidewalks,
         d.   Street pavement,
         e.   Adequate domestic water service,
         f.   Sanitary sewer facilities and connections,
         g.   Services from public utilities, where provided,
         h.   Street trees,
         i.   Traffic signals, streetlights and street name signs,
         j.   All water lines are to be laid and fire hydrants installed pursuant to plans and specifications of the municipal utilities and engineering department of the city.
   D.   Findings And Conditions Of Approval: The city planning commission shall have the authority to approve, conditionally approve, or deny an application for site plan approval, except in instances when all application for a site plan approval is processed concurrently with other land use entitlements requiring action by the city council. In such instances, the planning commission shall make a recommendation on the site plan approval to the city council. In granting site plan approval, the planning commission or city council, as applicable, shall find as follows:
      1.   The site for the intended use is adequate in size and shape to accommodate the use, and all of the required yards, setbacks, walls or fences, landscaping and other features will adjust the use to those existing or permitted future uses of land in the neighborhood;
      2.   The site for the proposed use relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use;
      3.   The conditions set forth in the approval and those shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare. Such conditions may include:
         a.   Special yards, spaces and buffers,
         b.   Fences and walls,
         c.   Surfacing of parking areas subject to city specifications,
         d.   Regulation of points of vehicular ingress and egress,
         e.   Regulation of signs,
         f.   Required landscaping and maintenance thereof,
         g.   Regulation of noise, vibration, odors and lights,
         h.   Regulation of time for certain activities, and
         i.   Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. (Ord. 2744, 2014)

18.12.090: SIGNS AND MISCELLANEOUS APPROVAL PROCEDURES:

   A.   General Criteria:
      1.   The applicant must be the property owner or authorized agent of the owner.
      2.   Responsibility for compliance with city requirements rests with the applicant.
   B.   Application Requirements:
      1.   A signed application shall be submitted to the planning department accompanied by ten (10) copies of the map or drawing illustrating the request to be considered.
      2.   Such map or drawing shall contain sufficient information for the commission to clearly determine the nature of the request. In the case of signs, information pertaining to design, dimensions, area and location on the building and/or property shall be included. (Ord. 1000 § 32.20(C), 1955)

18.12.100: COMMISSION APPROVAL AUTHORITY:

The decision of the commission shall be final, unless an appeal therefrom is taken to the council as provided for in section 18.12.110 of this chapter. (Ord. 1000 § 32.20(D), 1955)

18.12.110: APPEAL PROCEDURES:

   A.   Appeals may be taken to the council by the applicant, or any other person aggrieved by the commission's decision.
   B.   Appeals shall be filed with the council within ten (10) days from the date of the commission's decision, or at the next regular council meeting following the planning commission meeting.
   C.   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.
   D.   The council may, on its own motion, cause any commission decision to be appealed. (Ord. 1000 § 32.20(E), 1955)

18.12.120: APPROVED APPLICATIONS; REVISIONS:

Revisions to an approved application shall be made pursuant to the procedure set forth in the initial application. (Ord. 1000 § 32.20(F), 1955)

18.12.130: SITE PLAN APPROVAL; EXPIRATION:

Unless otherwise specified by the planning commission or city council, a site plan approval shall expire two (2) years from the date of its approval unless the holder of the site plan approval obtains a building permit or, in those instances where a building permit is not required, a certificate of occupancy for the site plan approval, within such two (2) year period. The planning commission may, upon written request for a time extension by the holder of the site plan approval, prior to expiration of the approval, grant a one year extension of time; provided, however, that the total number of extensions for a site plan approval shall not exceed three (3). (Ord. 2985, 2025: Ord. 2390 § 1, 1999)

18.12.140: ARCHITECTURAL REVIEW; INTENT AND PURPOSE:

The city does find and declare the following:
   A.   The appearance of open spaces, landscaping, buildings and structures visible from public streets has a material and substantial effect on the desirability of the community, and consequently affects property values and the taxable value of property in the city.
   B.   Many neighborhoods in other communities have deteriorated as a result of poor planning, neglect of proper design standards, and the erection of buildings and structures incompatible with the character of the neighborhood, resulting in the reduction of property values and the impairment of the public health, safety and welfare. The city wishes to avoid and prevent such deterioration, to recognize the interdependence of land values and aesthetics, and to provide appropriate guidelines to preserve and enhance the property values, visual character of the community, and the public health, safety and welfare of the city. (Ord. 1806 § 1, 1982: Ord. 1000 § 32.30(A), 1955)

18.12.150: ARCHITECTURAL REVIEW; REQUIRED WHEN:

Architectural approval shall be required for all applicable projects reviewed by the planning commission. (Ord. 1806 § 1, 1982: Ord. 1000 § 32.30(B), 1955)

18.12.160: ARCHITECTURAL REVIEW; SCOPE AND PROCEDURES:

   A.   All applications for the construction, reconstruction, moving, conversion, alteration or addition to any building or structure reviewed by the planning commission shall include a preliminary site plan and drawing showing the exterior elevation of all sides of a proposed building or structure, the types of materials and colors to be used, the signs to be displayed, the location of walls and fences (with height and construction materials indicated), the landscaping plan (including plant names), the exterior lighting standards and devices, and the plan for any grading.
   B.   The planning commission shall either approve, conditionally approve, or deny the architectural plans.
   C.   The approval, with or without conditions, or denial by the planning commission of an application for architectural approval shall be final unless, within ten (10) days from the date of action by the planning commission, the applicant or any other person shall appeal therefrom in writing to the city council. Such appeal shall be filed in writing with the city clerk on a form provided by the planning department, and shall indicate the grounds of the appeal. The city clerk shall schedule the appeal for a city council agenda, and the city council at its meeting shall uphold, modify or overrule the decision of the planning commission. The decision of the city council shall be final. (Ord. 1806 § 1, 1982: Ord. 1000 § 32.30(C), 1955)

18.12.170: ARCHITECTURAL REVIEW; CRITERIA:

   A.   The planning commission shall review the material submitted with the application, and specific aspects of design shall be examined to determine whether the proposed development is in conformity with the provisions of this chapter, and whether approval of the plan is in the best interest of the public health, safety and general welfare. It is intended that design submittals be compatible with the character of adjacent and surrounding developments, and that they be of comparable composition, materials, textures and colors.
   B.   Conformance will be evaluated based on consideration of the following:
      1.   Site layout, orientation, location of structures and relationship to one another, as well as open spaces and topography;
      2.   Harmonious relationship of building with existing and proposed adjoining developments;
      3.   Maximum height, area, setbacks and overall mass of buildings, as well as other structures such as walls, screens, towers or signs, and effective concealment of all mechanical equipment;
      4.   Harmony of construction materials and colors in relation to all exterior elevations;
      5.   Location and type of planting, with due regard for the preservation of specimen trees upon a site;
      6.   Design and appropriateness of signs in relation to the architectural style of the building;
      7.   Glazing or image reflective surfaces (specular reflectance) shall be limited to a maximum reflectance value of twenty five percent (25%). "Specular reflectance" means any mirror like reflection, as contrasted to diffused reflection from such surfaces as concrete or vegetation. (Ord. 1821 § 3, 1983: Ord. 1806 § 1, 1982: Ord. 1000 § 32.30(D), 1955)

18.12.180: PETITIONS AND APPLICATIONS; FORM, CONTENTS AND VERIFICATION:

   A.   The commission shall, in its rules of procedure, prescribe the form and scope of all petitions and applications provided for in this title, and of the accompanying data to be furnished, so as to assure the fullest practicable presentation of facts for proper consideration of the matter involved in each case, and for a permanent record thereof.
   B.   Any petition, as provided for in this title, shall include a verification by at least one of the petitioners, attested to before a notary public, or before the city clerk. (Ord. 1000 § 53.00, 1955)

18.12.190: EXCEPTIONS TO REVIEW PROCESS:

The following projects may be administratively approved by the development services director and, at the discretion of the development services director, may not be required to be reviewed by the planning commission as otherwise provided for in this chapter:
   A.   Residential construction of triplex and fourplex projects;
   B.   Housing developments that include a minimum of twenty percent (20%) of units as housing affordable to lower-income households, on sites being used to meet the current Regional Housing Needs Allocation (Sixth Cycle Housing Element) that represent "reuse sites" previously identified in a prior Housing Element and on sites that are being or have been rezoned to accommodate the lower-income RHNA (pursuant to Calif. Gov. Code section 65583.2), shall be reviewed and approved administratively by the Director;
   C.   Supportive housing that qualifies as a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed supportive housing development satisfies the requirements of California Government Code section 65651, subdivision (a).
   D.   Office, commercial and industrial projects as follows:
      1.   New construction which is under five hundred (500) square feet in area and does not exceed one story.
      2.   Additions to existing one-story developments, which are less than five hundred (500) square feet in area, and do not exceed fifty percent (50%) of the existing floor area.
      3.   Accessory public parking areas at public facilities in the A-1 agricultural district containing a maximum area of ten thousand (10,000) square feet or twenty (20) parking spaces, whichever is less, and provided that such use conforms to the minimum standards set forth in section 18.164.315 of this title for parking and subsection 18.168.210F of this title for landscaping. Prior to approval of an accessory parking lot by the development services director, a notice shall be sent to all adjacent property owners of the proposed site at least ten (10) calendar days in advance of a decision by the development services director. Any interested party may request a public hearing in writing within ten (10) calendar days of the date of the city's notice. If a public hearing is requested, the development services director shall conduct a public hearing and approve, conditionally approve, or deny the project. If no public hearing is requested, the development services director shall approve, conditionally approve, or deny the project. The decision of the development services director shall be final unless appealed to the planning commission within ten (10) days.
   Upon appeal, the planning commission shall conduct a public hearing and approve, conditionally approve, or deny the project. The decision of the planning commission may be appealed to the city council. (Ord. 2985, 2025: Ord. 2835, 2016)

18.12.200: DEVELOPMENT OF NON-VACANT SITES:

For any development project proposed on a non-vacant site containing one or more dwelling units that have been occupied at any time during the previous thirty-six (36) months preceding the filing of an application for development, the developer shall be required to prepare and submit a housing displacement prevention plan. The displacement prevention plan shall be prepared by a qualified consultant, for any proposed development on a non-vacant site shall contain the following information: identifies the number, type(s), and income levels of any existing dwelling units on the proposed project site; the number of persons or residents affected; an interim plan and proposal to house any persons that will be displaced during any phase of the proposed project; requires the replacement of units affordable to the same or lower income level as a condition of any residential development; and any additional data or information required by the City. (Ord. 2985, 2025)

18.12.210: POST-ENTITLEMENT PERMIT APPLICATION APPEALS:

   A.   For a development that is intended to be at least two-thirds () residential, as defined in Government Code sections 65913.3(j) and 65589.5(h), "post-entitlement phase permit" means and includes all nondiscretionary permits and reviews filed after the entitlement process has been completed that are required or issued by the local agency to begin construction of a housing development project.
   B.   If a post-entitlement phase permit is determined to be incomplete or denied or determined to be noncompliant with the applicable provisions of Government Code section 65913.3, the applicant may appeal the decision to the planning commission within ten (10) days of the director's decision. The appeal shall be made on forms provided by the city, and upon payment of the fees established by resolution of the city council.
   C.   The decision of the commission shall be final, unless an appeal therefrom is taken to the city council as provided for in section 18.12.110 of this chapter. (Ord. 2985, 2025)