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HomeMy WebLinkAboutOrdinance - 2572 - Amend Title 18 ORDINANCE NO. 2572 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING), CHAPTER 18.15 (ZONING EXCEPTIONS), OF THE REDDING MUNICIPAL CODE BY AMENDING SECTION 18.15.030 (STANDARDS FOR WHICH EXCEPTIONS MAY BE CONSIDERED), AND AMENDING TITLE 18 (ZONING), CHAPTER 18.31 (RESIDENTIAL DISTRICTS: "RE" RESIDENTIAL ESTATE, "RS" RESIDENTIAL SINGLE-FAMILY, AND "RM" RESIDENTIAL MULTIPLE-FAMILY), SECTION 18.31.020 (LAND USE REGULATIONS), SCHEDULE 18.31.020- A(USE REGULATIONS — OTHER "RESIDENTIAL" DISTRICTS), AND AMENDING TITLE 18 (ZONING), CHAPTER 18.41 (OFF-STREET PARKING AND LOADING*), SECTION 18.41.040 (OFF-STREET PARKING SPACES REQUIRED), AND AMENDING TITLE 18 (ZONING), CHAPTER 18.43 (STANDARDS FOR SPECIFIC LAND USES*), SECTION 18.43.140 (SECOND DWELLINGS), AND AMENDING TITLE 18 (ZONING), CHAPTER 18.60 (USE CLASSIFICATIONS), SECTION 18.60.020 (RESIDENTIAL USE CLASSIFICATIONS), AND RELATING TO THE APPROVAL OF THE ACCESSORY DWELLING UNITS THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 18 (Zoning), Chapter 18.15(Zoning Exceptions), Section 18.15.030 (Standards for which exceptions may be considered), of the Redding Municipal Code is hereby amended to read as follows: 18.15.030 Standards for which exceptions may be considered An exception may be considered for the following standards. Additional exceptions may be allowed if, in the opinion of the director, they are of a similar nature or magnitude to those listed below: A. Accessory Structure Front Yard Setbacks. Provided that the minimum front yard setback will be maintained and where adjacent residences will not be adversely affected, the director may allow an accessory structure to be located closer to the street than the existing or proposed residence on the site. B. Buffer Yards, Alternative. The minimum width of a buffer yard required by Schedule 18.40.020-A: Buffer Yards, may be reduced by up to twenty-five percent provided that the reduction will not increase the potential for land use impacts between adjoining properties given the circumstances of a particular site. Page 1 C. Building Separation. The director may authorize a reduction in minimum building separation of up to twenty percent between buildings if the reduction will maintain compliance with the California Building Code. D. Exceptions to Height Limits. Towers, spires, cupolas, chimneys, elevator penthouses, water tanks, monuments, theater scenery lofts, and similar structures and mechanical appurtenances covering no more than twenty percent of the top-floor roof area of the structure to which they are attached may exceed height limits by no more than ten feet with no discretionary review. The director may approve greater height upon making the findings required by Section 18.15.040 (Required findings) of this chapter. E. Fence Height. In any district, the maximum height of any fence, wall, hedge or equivalent screening may be increased by a maximum of two feet where the topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy or to maintain effectiveness of screening as generally provided by such fence, wall, hedge or screening in similar circumstances. F. Front Yard Setback (Increase). In the "RS" and "RE" districts, the director may increase the maximum front yard setback where it is determined that the increase will not unreasonably affect abutting sites. G. Front Yard Setback (Decrease). In any district, the director may decrease the minimum setback by ten percent where the decrease will not unreasonably affect abutting sites provided that no exception shall be granted for a garage that is designed to have vehicles back directly out into the street. In addition, the director is authorized to grant a five percent reduction in any setback requirements where construction has commenced and a mistake was made in the surveying or plans preparation. H. Garage Setback/Sloped Lots. Where the elevation of a lot at a point twenty feet behind the entire frontage of a lot (as measured from the back of curb) is seven feet above or below the level of the curb, a private garage (attached or detached) for a single-family residence may have a minimum front yard setback of ten feet from the front property line of the lot provided that a third open parking space is provided on the site. I. Lot Size. In any "RE" or "RS" zone, the director may authorize a maximum ten percent reduction in parcel area on parcels created by parcel map if two or more existing parcels within two hundred feet of the proposed parcel map are less than the minimum parcel size. J. Multistory Limitations; Transitional Building Height; Skyplane. The director may reduce the higher or second-story setbacks required by Section 18.31.030 and/or reduce the building height limitations established by Sections 18.32.040 and 18.33.040 and/or skyplane requirements by up to twenty percent upon determining that any of the following are in evidence: Page 2 1. Existing rear or side yard setbacks in the abutting "RE" or "RS" district are sufficient to ensure that the intent of the multistory, transitional height, or skyplane limitations are met. 2. The difference in existing or proposed finished grade between building sites is such that privacy, height, or bulk impacts to any residential district would not be present if requirements are reduced. 3. The size or configuration of the developing property is such that it is infeasible to meet the limitations of these sections. K. Reserved. L. Parking - Space and Aisle-Dimension Reductions. Because of circumstances unique to a property, such as size, shape, topography, location of easements or desirable trees, the director may authorize up to a ten percent reduction in open parking-space or aisle-width dimension for commercial and multiple-family residential uses with four or more units. Such exception may be allowed only when it is proven that the reduction will not result in a traffic hazard or impact the necessary parking for the use. M. Parking - Reduction in Covered Spaces. For single-family residences in existing neighborhoods, one covered parking space may be permitted by zoning exception when at least one additional off-street parking space is provided on the building site, the subject property is an existing, legally created lot the director determines that the predominate off-street parking arrangement in the immediate vicinity is a single covered space, and that granting the exception would not contribute to an existing on-street parking problem. N. Recreational Vehicle Storage/Parking. 1. Recreational Vehicle Storage. In the "RE" and "RS" districts, the director may approve a zoning exception to allow not more than one recreational vehicle, as defined in Schedule 18.31.030-C, Note (8), to be parked within the front or street side yard setback area subject to the following findings and requirements: a. The director finds that the applicant has submitted an affidavit and related materials that affirm the following: i. There is no physical space available to access and/or store the vehicle within an interior side or rear yard. These site conditions include, but are not limited to, such things as: (A) Existing building setbacks and eaves and other building projections (does not include the location of buildings with a size of one hundred twenty square feet or less); (B) Location of mature tree(s); Page 3 (C) Location of HVAC or similar equipment; (D) Existence of substantial slopes. ii. Notices of the zoning exception application shall be sent to all owner(s) of real property sharing a common street frontage within three hundred feet of the applicant's property. Should two or more owners of real property within the notification area object in writing to the approval of the zoning exception or appeal the approval by the director, the zoning exception shall not be granted. iii. The parking of such vehicles is not prohibited by any conditions, covenants, and restrictions (CC&Rs) applied to the property. The applicant shall provide either: (1) a copy of the CC&Rs applicable to the property; or (2) if no CC&Rs have been recorded, a title report for the subject property sufficiently current to determine whether the property is subject to CC&Rs. iv. The vehicle is operable and is owned by and registered to the occupant of the premises upon which it is parked. b. Vehicle Parking Conditions. i. Vehicles shall be parked generally perpendicular to the front property line. ii. Storage shall be allowed only on areas surfaced with all-weather materials, such as concrete, asphalt, brick, stone, gravel, or similar material, and shall not obstruct the ingress or egress to and from existing garage doors. Storage shall not occur within a lawn or other landscaped area. iii. The vehicle shall not be parked closer than two feet to a side property line. iv. No part of the vehicle may extend more than three feet into the public or private right-of-way or be closer than two feet to a public sidewalk. v. Vehicles shall not be occupied for living purposes. vi. The vehicles shall be maintained in a clean and inoffensive manner. Offensive includes, but is not limited to, unrepaired collision damage; broken glass; flat tires; discharge of effluent; discarding of litter or other materials; or a general unsightly exterior appearance as exhibited by peeling paint, rust, or attachment of siding materials not original to the recreational vehicle. Covering of the vehicle by tarp or similar material is not allowed. The use of custom covers made specifically for the type and size of vehicle are permitted. Page 4 vii. The zoning exception shall not be transferable to a subsequent owner of the property. viii. Registration shall remain current throughout the term of the zoning exception. (Note: Vehicles registered with the department of motor vehicles as "Non-Op" are not considered to be registered vehicles for the purpose of this section.) ix. Zoning exceptions shall be valid for a period not to exceed three years. Upon application, the director may grant one or more renewals not to exceed a time period of three years for each renewal. Noticing, property owner objection/appeal, and other provisions and requirements pertaining to the original approval shall apply to renewal requests. 2. Parking for Affordable or Disabled Housing Projects. The requirement to provide parking for recreational vehicles for multiple-family units may be waived; provided that the project qualifies as an affordable housing project as defined by the State Government Code and provided that the necessary area for providing the required spaces is set aside and maintained in landscape to allow conversion to parking should the use convert from affordable or disabled housing to standard multiple-family use. O. Reversing the Frontage of a Corner Lot. The front yard and street side yard setbacks on a corner lot that were established at the time of issuance of a building permit for the original structure may be reversed for the purpose of establishing yard requirements provided that: (1) the reversal will not result in the placement of structures that are inconsistent with the general nature of the neighborhood and (2) vehicular and pedestrian safety will not be jeopardized. P. Roof-Mounted Heating and Air Conditioning Equipment. The director may approve installation of roof-mounted residential heating and air-conditioning equipment provided that the equipment cannot be seen from any existing or future public street, park, school, open-space, or other public area for a distance of at least six hundred feet. In making such a determination, the director shall consider such factors as the method of screening proposed, topography of the site and surrounding sites, and allowable height of existing and future buildings within six hundred feet of the proposed equipment. Q. Accessory Dwelling Units. Size Increase — The director may authorize up to a twenty percent increase in the allowable size of an accessory dwelling unit provided that the director determines that the exception is necessary to provide for the reasonable accommodation for one or more disabled persons who will reside in the accessory dwelling unit. Lot Size Reduction — The director may authorize an accessory dwelling unit to be constructed on a lot less than six thousand square feet in size, provided that the director determines that the floor area will not exceed five hundred square feet and that the occupancy of the accessory dwelling unit is intended solely to house one or more family members as defined by this code. The accessory dwelling unit shall not be rented, Page 5 and this stipulation shall be included in the deed restriction required by subsection 18.43.140.D. R. Shade Trees in Parking Lot. The director may authorize a maximum twenty-five percent reduction in the number of shade trees required in a parking lot provided that the total number of trees required is provided in alternate locations on the site adjacent to the parking area. S. Side Yard and Rear Yard Setbacks. In any district, the director may decrease the minimum setback by not more than twenty percent where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open-space or recreational amenity to the use of the site, where such decrease will not unreasonably affect abutting sites. In the "GO" district, one side yard other than a street side yard may be decreased to that established for an adjacent existing building provided that one side yard has a minimum setback of ten feet (fifteen feet if adjacent to an "R" district). T. Sign Height, Increased. The director may authorize an increase in pole sign height not to exceed thirty-five feet when necessary for sign visibility due to topography; surrounding buildings; existing trees to be preserved, except city street trees; or similar circumstances. The director shall consider, in addition to visibility or sight obstructions, vehicle speed, visibility/readability from freeway off-ramp locations, or other factors which may negate the benefit otherwise gained by increased sign height. U. Surfacing. The requirement for paving driveways over one hundred fifty feet in length may be waived provided that: (1) the first thirty feet from the paved street or back of the sidewalk shall be paved, (2) the driveway-surfacing requirements of the fire marshal shall be met, and (3) the driveway is not located within seventy-five feet of an existing or future residence. V. Unique Parking Demand Uses. The director may authorize up to a ten percent reduction in the off-street parking requirement upon an adequate showing that parking demand for a use is less than that required by Chapter 18.41 (Off-Street Parking and Loading) of this title. W. Medical Marijuana Cultivation. The director may grant limited exceptions to the maximum allowed cultivation area and/or minimum cultivation area setback provisions of Section 18.43.100 in accordance with the following: Maximum Cultivation Area. The director may approve an increase in the maximum allowed cultivation area for a qualified patient or primary caregiver based on a written recommendation of a physician that the medical needs of a qualified patient require a greater quantity of medical marijuana than can be cultivated within the limitations established by Section 18.43.100. In no case shall Page 6 the approval increase the maximum permissible area of cultivation on an individual property by more than twenty percent. Minimum Cultivation Area Setbacks. The director may approve a decrease in a minimum required setback by no more that twenty percent upon determining that any of the following are in evidence: 1. The deviation is necessary due to special circumstances or conditions pertaining to the property, including, but not limited to: a. The size, shape, topography, or other unique characteristics of the lot. b. Location of the residence relative to existing lot lines. c. The location of improvements of the property, such as accessory structures, swimming pools, trees, and similar improvements. Section 2. Title 18 (Zoning), Chapter 18.31(RESIDENTIAL DISTRICTS: "RE" RESIDENTIAL ESTATE, "RS" RESIDENTIAL SINGLE-FAMILY, AND "RM" RESIDENTIAL MULTIPLE-FAMILY), Section 18.31.020 (Land use regulations), Schedule 18.31.020-A (Use regulations-other "residential" districts) of the Redding Municipal Code is hereby amended to read as follows: Schedule 18.31.020-A: Use Regulations—Other"Residential" Districts Use Classifications "RE" "RS" "RM" Additional Regulations Residential Uses Single Family P P P (4) Two-Family Dwelling — Ll P (3)(6) Residential Condominium and Condominium Conversions — — P (9) Manufactured Home Park — — U RM-6 through RM-10 districts only Site development permit required for 5 or more dwelling units on a parcel. See Schedule 18.31.030-B for maximum allowable densities. Multiple Family(Apartments) — — P (3)(6) Dwelling Group — — S Page 7 Use Classifications "RE" "RS" "RM" Additional Regulations Group Residential S Family Day Care,6 or fewer P P P Family Day Care,7-14 P P P Accessory Dwelling Units P P P See Section 18.43.140 Residential Care,Limited P P P Supportive Housing Facilities P P P (8) Transitional Housing Facilities P P P (8) Public and Semipublic Uses Clubs&Lodges — — S Community Centers — S S Day Care Center(15 or more) U U S See Section 18.43.070 Park&Recreation Facilities S S S For adjacent office or commercial use only; Parking Lots S S S covered parking must be at a residential scale. Public Safety Facilities U U S Religious Facilities S S S Residential Care,General S S S (1),(2) Residential Care, Senior S S S (1),(2) Schools,Public or Private U U U Commercial Uses Bed and Breakfast Establishments Sd Sd Sd See Section 18.43.060 Commercial Recreation L2 L2 — Not to exceed 3,500 sf;no gasoline sales or liquor Food and Beverage Sales U U U stores Offices,Business&Professional — — S (5),(7) Page 8 Use Classifications "RE" "RS" "RM" Additional Regulations Transportation,Communication,and Utilities Uses Utilities, Minor P P P Accessory Uses and Structures See Section 18.43.020 Temporary Uses See Chapter 18.17 Nonconforming Uses See Chapter 18.46 Specific Limitations Ll Only in RS-3.5 and RS-4 with approval of a site development permit and when in character with the existing or proposed neighborhood. L2 Golf courses,racquet clubs, health and fitness clubs(public and private)allowed in these residential districts on parcels 5 acres and larger with approval of a use permit. (1) Residential Care Facilities in the "RE" and "RS" Districts shall not exceed the population density that would otherwise result from typical residential development based on the standard of 2.47 persons per household. For example, a 2-acre parcel in a "RS-3" District would be limited to 15 persons receiving care (2x3x2.47=15 persons). (2) In the "RE" and "RS" Districts, any facility over 5,000 square feet shall be developed in accordance with the "RM-10" District, except that building height shall not exceed 35 feet. (3) Site development permit issued by the Director shall be required for development on all parcels within an "RM" District where said parcel was created by a subdivision of 5 or more parcels. (4) Single-family prohibited in "RM" District on lots created after adoption of this section except in a "PD" Planned Development District and for small-lot subdivisions. (5) The Director may require buffer yards on side and rear property lines of the office development as specified in Section 18.40.020. (6) Site development permit issued by the Director shall be required for construction of any units on a parcel without public-street access. (7) Size limit: 5,000 square feet. Limited to conversion of existing structures in "RM-12" through "RM-30" Districts; new construction is allowed in "RM-6" through "RM-10" Districts. (8) Permitted use subject to consistency with the definition of the use contained in Chapter 18.60. Proposed transitional and supportive facilities that are inconsistent with Chapter Page 9 18.60 may be allowed only in the "RM" District subject to first obtaining a site development permit approved by the Board of Administrative Review. (9) Permitted use subject to the requirements of Section 18.43.170 and the condominium subdivision requirements of Chapters 17.30 and 17.34; see Schedule 18.31.030-B for maximum allowable densities. Section 3. Title 18 (Zoning), Chapter 18.41 (Off-Street Parking and Loading*), Section 18.41.040 (Off-street Parking Spaces Required), of the Redding Municipal Code is hereby amended to read as follows: Schedule 18.41.040-A: Parking Spaces Required OFF-STREET PARKING Use Space Requirements Caretakers'quarters 2 spaces per unit. Animal services 1 space per 350 square feet of gross floor area. Automotive parts stores 1 space per 350 square feet of gross floor area. Automotive repair service 1 space per 350 square feet of gross floor area. Automotive sales 1 space per 2,000 square feet of interior and/or exterior sales, display,or storage area up to a total 20 spaces,plus 1 space. Bank 1 space per 300 square feet of gross floor area. Bar 1 parking space for each 3 seats,plus 1 space for each 40 square feet of dance floor or assembly area. Boardinghouse 1 parking space per each bedroom plus 2 additional parking spaces overall. Boat sales 1 space per 2,000 square feet of interior and/or exterior sales, display, or storage area up to a total 20 spaces,plus 1 space. Bowling alley 4 parking spaces per each bowling lane plus 1 parking space for each 200 square feet of gross floor area devoted to accessory uses. Bulk retail store 1 parking space for each 600 square feet of gross floor area. Colleges and trade schools, Public or Private 1 parking space for every 15 square feet in the classroom seating. Call Centers 1 space for each employee. Card room 1 parking space for each 2 seats in the play area plus 1 space per 3 seats in any bar or dinner area. Condominium(residential) 1.5 spaces per one-bedroom or efficiency units, 2 parking spaces per unit for 2 or more bedroom units, plus 1 guest parking for each 5 units and 1 recreational-vehicle parking space for each 5 units. For 2-bedroom condominiums, 1 required space shall be covered. For 3 or more bedroom Page 10 condominiums, there shall be 2 covered spaces. Day care center/preschool 1 parking space for each 10 students plus 1 space for each teacher/employee plus 1 passenger loading space. Dry cleaners(noninstitutional) 1 space for each 400 square feet of gross floor area. Dwelling groups Parking shall be provided in accordance with the requirements of each individual unit type. (See Single Family,Two-Family Dwelling,and/or Multiple Family, as applicable) Elderly housing .5 space per 1-bedroom unit; .66 space per 2- bedroom unit. Furniture and large appliance store 1 parking space per 750 square feet of gross floor area. Golf driving range 1 parking space for each driving tee. Health club and fitness studio 1 parking space for each 125 square feet of gross floor area for the first 5,000 square feet of building area. 1 space for each 300 square feet of gross floor area shall be provided for that building area which exceeds 5,000 square feet. 1 parking space shall be provided for each 350 square feet of enclosed swimming pool and deck area. Hospital 1.5 parking spaces per bed and 1 space for every 225 square feet of gross floor area dedicated to outpatient or office use. Hotel, Residential 1 parking space for each unit,plus 2 spaces. Industry a. Assembly (the combining of manufactured 1 parking space per 750 square feet of gross floor parts to make a completed product) area. b. Manufacturing 1 parking space per 1,000 square feet of gross floor area. c. Warehouse/distribution 1 parking space for each 1,250 square feet of gross floor area for buildings between-0-and 20,000 square feet in area; 1 parking space for each 2,000 square feet of gross floor area for the building area between 20,000 and 40,000 square feet, and 1 parking space for each 4,000 square feet of gross floor area for the building area over 40,000 square feet. Laundry(coin operated) 1 parking space for each 250 square feet of gross floor area. Medical office,clinic, or physical therapy services 1 parking space for each 225 square feet of gross floor area. Special requirements for provision of accessible parking may apply--see Section 18.41.170(A)(1)(d). Ministorage(self-storage)/long-term,public storage 3 spaces plus 2 spaces for manager's unit where individual units are accessible by vehicles; 1 space per 10,000 square feet where individual units are not accessible by vehicles. Mobile home park 2 parking spaces per unit, 1 of which shall be covered,plus 1 guest space for each 5 units plus 1 Page 11 recreational-vehicle space for each 5 units. Mortuary 1 parking space for every 4 seats in the principal seating area plus 3 parking spaces overall,or 1 parking space for each 45 square feet in the principal seating area,whichever is the greater. Motel/hotel 1 parking space for each motel unit plus 2 spaces. 5 percent of the required spaces shall be pull- through RV spaces(48 feet by 10 feet, unless an alternative design can be proven to be as effective). Multiple-family dwelling 1.5 parking spaces per one-bedroom unit, 1.75 parking spaces per 2-bedroom unit, 2 parking spaces per each 3-bedroom unit,plus 1 guest space for each 5 units that are provided beyond the initial 30 units,plus recreational-vehicle spaces equal to 5 percent of the required number of parking spaces. Recreational vehicle spaces shall be a minimum of 10 feet wide by 25 feet in length. Required parking in developments serving low-and moderate-income seniors may be reduced by 50 percent. Personal services 1 parking space for each 250 square feet of gross floor area. Planned(residential)development 2 covered spaces per unit,plus 1 guest space for each 5 units,plus 1 recreational-vehicle space for each 5 units unless approved otherwise with the Planned Development Plan. Recreational vehicle spaces shall be provided in a common parking area maintained by a homeowners'association or other approved entity. Pool and billiard room 1.5 parking spaces for each table. Professional office 1 parking space for each 350 square feet of gross floor area. Real estate office 1 parking space for each 250 square feet of gross floor area. Religious facilities,social hall,club,lodge, 1 parking space for each 4 seats in the principal community center,other public assembly seating theatre area,or 1 parking space for every 40 square feet in the place of principal seating/assembly area,whichever is the greater, plus 1 passenger loading space. Each 24 inches of bench-type seating is to be considered 1 seat. Research and development 1 space for each 250 square feet of gross floor area. Residential care,senior and general 1 parking space for each 3 beds. _Restaurant a. Sit-down 1 parking space for each 3 seats. Up to 30 percent of the number of seats provided indoors may be provided outdoors without additional required parking,provided that the number of parking spaces required for the number of indoor seats is met. b. Drive-through, fast-food,or self service 1 parking space for each 75 square feet of gross Page 12 restaurant floor area. Required reservoir spaces shall count towards required parking. c. Coffee kiosk 1 parking space per window,plus 1 space. Retail a. Enclosed 1 parking space for each 250 square feet of gross leaseable floor area. (Note: Parking space ratios for regional shopping malls shall be established by use permit by the Planning Commission.) b. Outdoor 1 space for each 750 square feet of sales or display area. c. Open lot nursery 1 space for each 1,250 square feet of outdoor display area. Accessory dwelling unit 1 uncovered space(see Section 18.43.140.C.7. for locational requirements and exceptions). Single-family dwelling 2 covered spaces. Two-family dwelling 1 covered space per unit plus 1 other space per unit. A. Bicycle Parking. Projects must comply with the short-term and long-term bicycle parking requirements, as applicable, of Section 5.106.4 of the California Green Building Standards Code. B. Visitor Parking. On-street parking may be counted toward the visitor-parking requirement for planned developments or condominiums provided that the street has an 8-foot-wide parking lane that is not posted or likely to be posted prohibiting parking and that to qualify as one visitor-parking space, there must be an uninterrupted 22-foot-long space and a public sidewalk adjacent to the street. C. Company Vehicles. Commercial or industrial uses are to provide one parking space for each company vehicle which is parked on the site during normal business hours. Such space may be located within a building. D. Motorcycle Parking. Facilities with 25 or more spaces may provide motorcycle parking at a rate not exceeding 3 percent of required spaces. Such spaces shall be counted toward meeting the total number of spaces required for the development by this Chapter. Spaces delineated for motorcycle parking shall have a minimum area of four (4) feet by ten (10) feet and shall be identified as a motorcycle space by signs or pavement delineation. Section 4. Title 18 (Zoning), Chapter 18.43 (Standards for Specific Land Uses*), Section 18.43.140 (Second Dwellings), of the Redding Municipal Code is hereby amended to read as follows: 18.43.140—Accessory dwelling units. A. Purpose and Applicability. The purpose of this section is to comply with the Government Code of the state of California pertaining to accessory dwelling units as a means to increase the supply of smaller affordable housing and to recognize that Page 13 energy-efficient accessory dwelling units are more affordable to the occupants of the dwelling. This section establishes standards for the development of accessory dwelling units to ensure that they remain compatible with the existing neighborhood. It is not the intent of this ordinance to override lawful use restrictions as set forth in private Conditions, Covenants, and Restrictions (CC&Rs). Accessory dwelling units are not required to meet the density requirements of the General Plan or Zoning Ordinance. Any application that meets the requirements of this section will be approved ministerially without a public hearing subject to meeting all applicable California Building Codes. B. Location. An accessory dwelling unit may be constructed in any "RL," "RE," "RS" or "RM" district if the existing use of the property is a single-family dwelling. Applications for accessory dwelling units can be denied if: (1) the proposed unit would result in adverse impacts to any real property that is listed in the California Register of Historic Places; and/or (2) the accessory dwelling unit will not be in compliance with all provisions of this section. C. Development Standards. One accessory dwelling unit permit will only be issued on a lot if it complies with the following development standards. Applications for an accessory dwelling unit shall include the following information to assist the director in determining compliance with this section: (1) elevations for all building sides which show all openings, exterior finishes, roof pitch, and siding and roof materials for the existing residence and the proposed accessory dwelling unit and (2) color photographs of the site and adjacent properties taken from the proposed location of the accessory dwelling unit in the direction of all property lines. The photographs shall be clearly labeled to identify the location and direction of the photograph. 1. Location on Lot. An accessory dwelling unit may be attached or detached from the existing main dwelling unit. If detached, the accessory dwelling unit shall meet the setbacks required by this code, unless the unit is contained within the existing space of a legally constructed accessory structure. If attached, the accessory dwelling unit must meet all building setbacks required of the main dwelling, unless the unit is contained within the existing space of a legally constructed main dwelling. Minimum side and rear yard building setbacks of five feet are required for an accessory dwelling unit that is constructed above a legally constructed garage. 2. Lot Size. Six thousand square feet, with a minimum width of sixty feet, unless a zoning exception is approved or the lot was created as part of a planned development. Page 14 3. Unit Size. a. Detached accessory dwelling units. Each lot meeting the requirements of this section shall be entitled to one detached accessory dwelling unit, with at least five hundred square feet of living area, although smaller accessory dwelling units meeting the requirements of the California Building Code may be approved. Detached accessory dwelling units larger than five hundred square feet may be approved provided that the floor area does not exceed one thousand square feet. b. Attached accessory dwelling units. The living area of an attached accessory dwelling unit shall not exceed fifty percent of the living area of the main dwelling unit or one thousand square feet, whichever is less. 4. Lot Coverage. Construction of the accessory dwelling unit shall not result in lot coverage in excess of that limited by Chapter 18.31. 5. Height. A detached accessory dwelling unit shall not exceed two stories or a maximum height of twenty-two feet unless additional height is permitted with approval of a site development permit by the director. 6. Architectural Compatibility. The accessory dwelling unit shall incorporate the same or similar architectural features, building materials, roof pitch, and colors as the main dwelling unit. Windows that face an adjoining residential property shall be designed/located to protect the privacy of neighbors; alternatively, fencing or landscape shall be required to provide screening. 7. Off-Street Parking. One off-street parking space shall be provided for the accessory dwelling unit. The required parking space may be provided as a tandem parking space located within the front-yard setback within a driveway or as a standard space located within the front-yard setback within a paved area immediately adjacent to the driveway. Additional parking shall not be required in any of the following instances: a. The accessory dwelling unit is located within one-half mile of public transit. b. The accessory dwelling unit is located within an architecturally and historically significant historic district. c. The accessory dwelling unit is a part of the existing main dwelling unit or an existing accessory structure. d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. Page 15 e. When there is a car share vehicle located within one block of the accessory dwelling unit. 8. Utilities. Separate electric meters are required for accessory dwelling units unless the unit is contained within the existing space of the main dwelling unit or an accessory structure, has independent exterior access from the main dwelling unit, and the side and rear setbacks are sufficient for fire safety. Separate water and gas meters are allowed at the option of the property owner. D. Deed Restrictions. Before obtaining a building permit, the property owner shall file with the county recorder a declaration or agreement of restrictions which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner stating that: 1. The accessory dwelling unit shall be considered legal only so long as either the primary residence or the accessory dwelling unit is occupied by the owner of the property; 2. The accessory dwelling unit cannot be sold separately; 3. The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance may result in legal action against the property owner. E. Preexisting Accessory Dwelling Unit. Accessory dwelling units existing prior to adoption of this section, the use of which is nonconforming in the zoning district in which it is located, may be considered conforming if: (1) the director issues a zoning clearance if it is determined that the accessory dwelling unit complies with the requirements of this section, which may include compliance with building and fire codes and payment of development impact fees; and/or (2) a site development permit is issued by the director for units not meeting the criteria included in this section. F. Conversion of an Existing House to an Accessory Dwelling_Unit. In cases where an existing single-family residence is located on a parcel zoned "RL," "RE," "RS," or "RM," the board of administrative review may approve by site development permit the construction of one additional residence, which is intended to be the primary residence on the property. The existing residence, which is intended to become the lawful accessory dwelling unit, must comply with all the requirements of this code, including size limitations. The primary residence shall be constructed in accordance with the provisions of the applicable zoning district and other requirements of this code. Section 5. Title 18 (Zoning), Chapter 18.60 (Use Classifications), Section 18.60.020 (Residential Use Classifications), of the Redding Municipal Code is hereby amended to read as follows: Page 16 18.60.020 Residential use classifications Residential Housing Types. Single-Family Dwelling. One dwelling unit located on a single lot, containing only one kitchen and used to house not more than one family. Includes manufactured housing. Two-Family Dwelling (Duplex). A single building that contains two dwelling units, or a single lot with two freestanding buildings, each of which is designed for occupancy by one household. Dwelling Group. A group of three or more detached one-family, two-family, or multiple- family dwellings occupying a parcel of land in one ownership. Manufactured Home Park. Manufactured housing in a planned development with common area amenities. Spaces for mobile homes may be rented or owned. Multiple-Family Residential (Apartments). Three or more attached dwelling units on a site or lot. Types of multiple-family dwellings include a variety of styles townhouses, garden apartments, and high-rise apartment buildings. Transitional housing facilities are also included provided that the residential density of the facility is consistent with that of the surrounding neighborhood. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, and dormitories, but excludes residential hotels. Accessory Dwelling Unit. An attached or detached dwelling unit that is located on a single lot with a primary dwelling unit and provides complete facilities for independent living for one or more persons. These facilities include permanent provisions for living, sleeping, cooking, and sanitation. Residential Condominium. A residential development designed to allow individually owned residential units, which are supported by a formal arrangement of common areas and facilities as is further defined in Section1351(f) of the California Civil Code. Supportive Housing. Housing with no limit on length of stay that is occupied by the target population as defined in Health and Safety Code subdivision (d) of Section 53260 and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (per Health and Safety Code Section 50675.14(b)). Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined Page 17 future point in time, which shall be no less than six months (per Health and Safety Code Section 50675.2). Family Day Care. A day-care facility located in a single-family residence where an occupant of the residence provides care and supervision for children. Small Family. A facility which provides care for six or fewer children. Large Family. A facility which provides care for seven to twelve children. Residential Care, Limited. Twenty-four-hour nonmedical care for six or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the state of California. Section 6. Severability. If any section, subsection, sentence, clause or phrase of these ordinances 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 ordinances. 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. Section 7. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 8. This ordinance shall take effect thirty (30) days after the date of their adoption, and the City Clerk shall certify to the adoption thereof and cause publication according to law. Page 18 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 18th day of April, 2017, and was duly read and adopted at a regular meeting on the 2nd day of May, 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 BRENT WEAVER, Mayor ATTEST: FORM APPROVED: �-� _ p PAMELA IZE, CT. Clerk BARRY E. De ALT, ity Attorney Page 19