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HomeMy WebLinkAboutOrdinance - 2570 - Amend Title 18 ORDINANCE NO.2570 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING), CHAPTER 18.17 (TEMPORARY USE PERMITS) BY AMENDING SECTIONS 18.17.020 (TEMPORARY USES EXEMPT FROM PERMITS) AND 18.17.030 (TEMPORARY USES REQUIRING PERMITS); CHAPTER 18.40 (DEVELOPMENT AND SITE REGULATIONS) BY AMENDING SECTIONS 18.40.020 (BUFFER YARDS) AND 18.40.180 (WALLS AND FENCES); CHAPTER 18.42 (SIGNS) BY AMENDING SECTION 18.42.080 (PROHIBITED SIGNS); CHAPTER 18.43 (STANDARDS FOR SPECIFIC LAND USES) BY AMENDING SECTIONS 18.43.020 (ACCESSORY USES AND STRUCTURES) AND 18.43.180 (SHORT TERM RENTALS); CHAPTER 18.51 ("FP" FLOODPLAIN OVERLAY DISTRICT) BY AMENDING SECTION 18.51.080 (CONSTRUCTION STANDARDS); AND CHAPTER 18.61 (LIST OF TERMS AND DEFINITIONS) BY AMENDING SECTION 18.61.020 (DEFINITIONS), ALL RELATING TO CLEAN-UP AND UPDATING OF THE ZONING CODE WHEREAS, the Planning Commission held a duly noticed public hearing pertaining to the attached amendments to portions of Redding Municipal Code Title 18, Zoning Ordinance, on February 14, 2017, and recommended that the City Council adopt said Addendum and amendments; and WHEREAS, the City Council held a duly noticed public hearing on this date, prior to the first reading of this Ordinance; and WHEREAS, the Addendum to the Mitigated Negative Declaration (attached to the staff report) prepared for the amendments to Redding Municipal Code Title 18 is appropriate, since there is no substantial evidence, in light of the whole record before the City of Redding, that the proposed amendments will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 18 (Zoning), Chapter 18.17 (Temporary Use Permits), Section 17.020 (Temporary uses exempt from permits) is hereby amended to read as follows: o 18.17.020—Temporary uses exempt from permits. A. [No Change to subsections A through J] C K. Food Trucks. Commercial vehicles parked on private property from which operators sell prepared food and beverages to the public (hereafter"food trucks") shall comply with the following conditions and requirements: Page 1 1. Food trucks shall be registered with the California Department of Motor Vehicles and shall be permitted by the Shasta County Environmental Health Division, and operators shall possess a valid City of Redding business license. 2. Food trucks shall be permitted only in zoning districts that allow full service restaurants either as a permitted use or with Director approval of a site development permit. 3. Food trucks shall be permitted only on developed sites with existing occupied or unoccupied buildings permitted for commercial, industrial or public and semipublic uses. 4. Food trucks shall not operate for more than three hours per site per day, but may park on said sites for up to one hour prior to operating and up to one hour after ceasing daily operations. 5. Food truck operations, including seating areas but excluding customer parking, shall not utilize more than ten percent of on-site parking spaces. 6. Food trucks shall only operate between 7:00 a.m. and 12:00 a.m., except on sites which abut Residential districts, in which case they shall only operate between 8:00 a.m. and 10:00 p.m. 7. Food trucks shall maintain trash receptacles on-site and pick up any trash left on- site prior to ceasing daily operations. Section 2. Title 18 (Zoning), Chapter 18.17 (Temporary Use Permits), Section 18.17.030 (Temporary uses requiring permits) is hereby amended to read as follows: 18.17.030—Temporary uses requiring permits. The following temporary uses may be allowed on commercially zoned properties, or as otherwise noted below, subject to the issuance of a temporary use permit. Uses that do not fall within the categories defined below shall comply with the use and development regulations and entitlement review provisions that otherwise apply to the property. A temporary use permit will not be issued for a use that is not permitted within the zoning district for the site on which the use is proposed. A. [No Change to subsections A through C] D. Time Limitations. Unless otherwise regulated by subsection E of this section, time limits on the event duration shall be established by the temporary use permit. E. [No Change to subsection E] Section 3. Title 18 (Zoning), Chapter 18.40 (Development And Site Regulations), Section 18.40.020 (Buffer yards) is hereby amended to read as follows: Page 2 18.40.020—Buffer yards. A. [No Change to subsections A through C] D. Buffer Site Plan. A buffer site plan shall be submitted to the director with a building permit or any site development permit or use permit application for a project requiring a buffer yard. The buffer site plan shall be prepared in a form prescribed by the director. It shall show the buffer yard location on the project site, proposed plant locations, a plant list and key, location of utility easements, roads, emergency access, walkways, proposed mechanical equipment, proposed trash enclosures, proposed loading areas, and existing and proposed structures on the site. E. [No Change to subsections E through H] Section 4, Title 18 (Zoning), Chapter 18.40 (Development And Site Regulations), Section 18.40.180 (Walls and fences) is hereby amended to read as follows: 18.40.180—Walls and fences. A. [No Change to subsection A.1.] 2. Design and Materials. In all "RM" districts, fencing shall be treated as an integral part of the architecture, with materials, colors and detailing drawn from the building they surround or adjoin. Fences or walls adjacent to freeways, highways, or arterial or collector streets that are required as a condition of development by the city shall be constructed of decorative masonry, concrete-block, concrete- panel or similar materials. Solid masonry fences or walls shall not be placed within areas of designated one-hundred-year floodplain without proper openings to pass floodwaters in accordance with the requirements of the Federal Emergency Management Agency. Barbed wire, razor wire, and electric fencing is prohibited in all residential districts unless the Director determines that said fencing is necessary for security, animal containment, or other legitimate purpose and would not be detrimental to the neighborhood in which the property is located. [No change to image] B. [No Change to subsection B] Section 5. Title 18 (Zoning), Chapter 18.42 (Signs), Section 18.42.080 (Prohibited signs) is hereby amended to read as follows: 18.42.080—Prohibited signs. A. [No Change to subsections A through C] Page 3 D. Electronic Message Board Signs. Electronic message board signs are prohibited, with the exception of monument and wall signs in the "PF" Public Facilities District, and nonconforming electronic message board signs installed prior to the adoption of this section shall comply with all city entitlements authorizing such signs. The Director may approve an administrative sign permit for an electronic message board monument or wall sign in the "PF" Public Facilities District. Alternatively, an electronic message board sign may be approved in conjunction with the granting of a site development permit or use permit pursuant to Chapters 18.13 and 18.14, respectively, of the Redding Zoning Ordinance in the "PF" Public Facilities District. E. [No Change to subsections E through L] Section 6. Title 18 (Zoning), Chapter 18.43 (Standards For Specific Land Uses), Section 18.43.020 (Accessory uses and structures) is hereby amended to read as follows: 18.43.020—Accessory uses and structures. A. [No Change to subsections A through B] C. Residential Accessory Uses and Structures. When allowed, specific residential accessory uses and structures are subject to the provisions of this section. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, swimming pools, spas, workshops, detached covered decks and patios, detached uncovered decks and patios eighteen inches in height or greater, and similar structures. Structures under one hundred twenty square feet in size not requiring a building permit, uncovered decks and patios under eighteen inches in height, and fences are not subject to the regulations in this section. Additional regulations for residential second units are located in Section 18.43.140, Second dwelling units. Private swimming pools, spas, and hot tubs are allowed as accessory uses to approved residential uses on the same site subject to the regulations in Section 18.40.160 of this code. Accessory storage structures within front yard or street-side yard setbacks are prohibited as noted in Schedule 18.31.030-C, Note (9). 1. [No Change to subsection C.1.] 2. [No Change to subsection C.2.] 3. [No Change to subsection C.3.] 4. Detached Structures in the RL Zone. a. [No Change to subsection C.4.a.] b. [No Change to subsection C.4.b.] c. [No Change to subsection C.4.c] Page 4 d. Building Separation. Detached accessory structures requiring a building permit shall comply with the applicable building separation requirements of the most recent edition of the California Building Code as adopted by the City of Redding. e. [No Change to subsection C.4.e.] 5. Detached Structures in the RE, RS and RM Zones. a. [No Change to subsection C.5.a.] b. [No Change to subsection C.5.b.] c. [No Change to subsection C.5.c.] d. Building Separation. Detached accessory structures requiring a building permit shall comply with the applicable building separation requirements of the most recent edition of the California Building Code as adopted by the City of Redding. e. Setback Requirements. Setbacks from Property Line Type of Structure Front 1 Corner Side Yard (street Side Rear Yard side) Yard Yard Accessory structures 16 feet or less in height Detached garages and 20 10 20 feet 5 feet carports feet* feet** All other accessory 15 10 15 feet 5 feet structures feet* feet Accessory structures over 16 feet in height Detached garages and 20 10 15 20 feet carports feet* feet feet** All other accessory 15 10 15 15 feet structures feet* feet feet * The front of the accessory structure shall not be located closer to the street than the front of the existing or proposed primary residence unless a zoning exception is approved. ** For a garage or carport that is directly accessible from an alley, that is a minimum of twenty feet in width, the minimum rear yard setback is five feet. Section 7. Title 18 (Zoning), Chapter 18.43 (Standards For Specific Land Uses), Section 18.43.180 (Short term rentals) is hereby amended to read as follows: Page 5 18.43.180–Short term rentals. A. [No Change to subsection A] B. Types of Short-Term Rentals. For purposes of this section, the following short-term rental facilities are established: 1. Hosted Homestay. An owner occupied single-family dwelling unit where, for compensation, individual overnight room accommodations are provided for a period of less than thirty days. 2. Vacation Rental. An entire dwelling unit where, for compensation, overnight accommodations are provided for a period of less than thirty days and the owner (or the primary occupant with the written permission of the owner) may or may not reside within the dwelling unit for the term of the rental. C. [No Change to subsections C through E] F. General Requirements—Vacation Rentals. 1. With the exception of items 1 through 4 listed in Section 18.43.180(E.) above, the general requirements provisions for hosted homestays shall apply to vacation rentals. 2. The following additional provisions shall also be applicable to vacation rentals which may be supplemented by requirements established by the director with approval of the required site development permit as necessary to maintain compatibility of the use with the surrounding properties. a. A vacation rental shall not be rented to multiple separate parties concurrently unless the owner (or the primary occupant with the written permission of the owner) is residing on the premises during the rental period. b. The owner/applicant shall keep on file with the city the name, telephone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the vacation rental. This information shall be posted in a conspicuous location within the vacation rental dwelling. The local contact person shall be available twenty-four hours a day to accept telephone calls and respond physically to the vacation rental within sixty minutes, if necessary. c. Depending of the physical nature of the property and surrounding properties, the director may allow, with approval of the site development permit, on-street guest parking. Page 6 G. [No Change to subsections G through H] Section 8. Title 18 (Zoning), Chapter 18.51 ("FP" Floodplain Overlay District), Section 18.51.080 (Construction standards)is hereby amended to read as follows: 18.51.080—Construction standards. A. [No Change to subsections A through C ] D. Elevation and Floodproofing. 1. Residential construction, and accessory structures thereto, including new or substantial improvement in flood zones A, AE, AO, or A1-30, shall have the lowest floor, including basement, elevated a minimum of to or above the regulatory flood protection elevation one foot above the floodplain elevation, as determined by the FIRM maps, by the method in Section 18.51.100, or by the Citywide Master Storm Drain Study by Montgomery-Watson Engineers, whichever is more restrictive. The elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or licensed land surveyor per Section 18.51.080(D)(4) and (5). Said certification shall be submitted to the development services department for approval and to verify that certification requirements have been met. 2. Nonresidential construction, including new or substantial improvement, shall either be elevated consistent with subsection (D)(1) of this section or together with attendant utility and sanitary facilities shall be required to do the following: a. Be floodproofed below the elevation recommended under subsection (D)(1) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; b. [No Change to subsection D.2.b.] c. [No Change to subsection D.2.c.] 3. [No Change to subsections D.3. through D.S.] E. [No Change to subsections E through G] Section 9. Title 18 (Zoning), Chapter 18.61 (List of Terms and Definitions), Section 18.61.020 (Definitions) is hereby amended to read as follows: 18.61.020—Definitions. [The only changes are to Floodplain Terms, Nos. 45 and 46, as noted below.] Floodplain Terms. Page 7 45. Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by structure on two or more separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceed twenty-five percent of the market value of the structure before the damage occurred. 46. Substantial Improvement. Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. Market value will be estimated using the tax assessed value of the structure, excluding the land value. If the improvement/repair cost (as determined by the valuation of the building permit application) is less than or equal to forty percent of the market value estimate, then the improvement/repair is not a substantial improvement. If the improvement/repair cost is greater than forty percent of the market value estimate, then the improvement/repair is a potential substantial improvement and a certified appraisal shall be submitted. The appraisal shall determine the value of the structure being improved, separate from the land value. The term "substantial improvement" does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions. b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places provided that the alteration will not preclude the structure's continued designation as a "historic structure." When the combined total of all improvements or repairs made after the adoption of this code equals or exceeds fifty percent of a structure's market value, that structure is considered to be substantially improved. Substantial improvement also includes any addition which increases the original floor area of a building by twenty-five percent or more. Section 10. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Page 8 Section 11. The City Council hereby adopts the Addendum dated February 7, 2017, to the Mitigated Negative Declaration dated October 1, 2002, based on the information and findings set forth in the staff report and the Addendum to the Mitigated Negative Declaration. Section 12. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 21st day of March, 2017, and was duly read and adopted at a regular meeting on the 4th day of April, 2017, by the following vote: AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan, Winter, & Weaver NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None KRISTEN S REDER,Vice Mayor Attest: Form Approved: Uk)iPAMELA MIZE, City Cler BARRY E. DeWALT, City Attorney Page 9