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Item 2. (continued) Mayor Britschgi declared the hearing open at 8:07 p.m. Bert Barrett, 272 Upland Road, stated he favors the proposed amendment to the Zoning Ordinance but prefers another amendment also Rob Solari, 102 Circle Road, Oak Knoll Manor Neighborhood Association, said he favors the proposed ordinance relating to notice requirements, but also supports the staff recommendation with regard to amendment of Section 42.3 of the Zoning Ordinance which would place the burden of proof that a proposed use would not be detrimental to a neighborhood on the applicant. Discussion followed and Mr. Schroeter replied to questions and commented concerning the use of "only if" in Section 42.3 to change the burden of proof from the Zoning Administrator to the applicant with regard to whether the use may be detrimental and the practices in other similar cities. Title read. M /S: Chandler /Stangel ORDINANCE AMENDING SECTIONS 4.4, 5.4, 6.4, AND 8.4, OF, AND ADDING SECTION 49.5, TO ORDINANCE 1130, THE REDWOOD CITY ZONING ORDINANCE, RELATING TO USE PERMITS IN RESIDENTIAL DISTRICTS The ordinance was not approved on the following roll call vote: Ayes: Councilmen Bury, Chandler, Stangel Noes: Councilmen Claire, Mosher, Rhodes and Mayor Britschgi M /S: Claire /Mosher to refer the proposed ordinance back to the Planning Commission for further study to see if language might be put into Section 42.3 of the Zoning Ordinance to shift the burden of proof to the applicant with regard to effect of a use on the neighborhood. City Attorney Schricker stated that Council can either refer the subject of the proposed ordinance which just failed to be approved back to the Planning Commission for reconsideration or can formally initiate action by adopting a resolution of intention. CLARIFICATION: Councilman Claire stated that the intent of his motion is to ask the Planning Commission to take another look at the subject and consider making changes in the Zoning Ordinance which would have the effect of placing the burden of proof on the applicant to prove his proposed use is not detrimental to the neighborhood, instead of the present procedure requiring the Zoning Administrator to grant use permit applications absent certain findings he must make. Carried unanimously by voice vote. MINUTE ORDER NO. 84 -88 ------------------------------------------------------------------------------ REPORTS OF BOARDS AND COMMISSIONS Minutes 6/4/84 Page 3 MINUTE BOOK NO. 45 Page No. 27