HomeMy WebLinkAboutOrdinance 2246 - Amend Title 14 and Title 16 4t,
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SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2246
The following is a summary Report of the City of Redding's Ordinance No. 2246, an
ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 14 by
adding Chapters 14.22 and 14.24and repealing Redding Municipal Code Title 16 and adding a new
Title 16.
The proposed ordinance will be considered by the Redding City Council for adoption at its meeting
on June 1, 1999.
Background:
The State of California Health and Safety Code mandates that all Cities and Counties in California
adopt the 1998 California Building Codes (CBC) on or before July 1, 1999. The City of Redding,
Building and Code Enforcement Division has added two new chapters to Title 14 and rewritten Title
16 of the Redding Municipal Code (RMC) in an effort to comply with this mandate.
Summary:
The intent of the proposed revisions have been to:
• Adopt the 1998 California Building Codes.
• Eliminate amendments to the California Building Codes that are unique to Redding.
• Rearrange the sections within Title 16 into a more logical arrangement.
Some of the major changes have been:
• Elimination of a requirement to install electrical conduit in all commercial buildings.
• Elimination of a requirement to install two spare electrical conduits in every new residence.
• Elimination of numerous electrical requirements which are redundant and are otherwise
addressed in the California Electrical Code.
• Elimination of Chapter 16.14 which adopts the solar energy code.
• Reassignment of requirements for radio and television antennas to a Division Policy Manual.
• Elimination of Chapter 16.36 which waives building code requirements in redevelopment
areas. (J1,
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Summary Publication Page 2
of City of Redding
Ordinance No. 2246
• Reassignment of Class 'A' roofing requirements in fire hazard areas, which are already
mandated by State law, to a Division Policy Manual.
• Elimination of special construction requirements prohibiting concealed spaces between roof
sheathing and ceilings.
• Reassignment of snow load design criteria to a Division Policy Manual.
• Reassignment of special grease trap requirements to a Division Policy Manual.
• Relocation of Electric Department electrical requirements to a separate title which deals with
utilities.
• Reorganization of Title 16 into three separate categories dealing with code adoptions,
construction requirements, and development-related fees.
DATED: May 24, 1999
ORDINANCE NO. 221/w
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDDING AMENDING THE REDDING MUNICIPAL CODE BY
ADDING CHAPTERS 14.22 AND 14.24 TO TITLE 14 (UTILITIES)
AND REVISING TITLE 16 (BUILDINGS AND CONSTRUCTION).
The City Council of the City of Redding does ordain as follows:
Section 1. Title 14, Utilities, of the Redding Municipal Code is amended by adding Chapters
14.22, Electric Utility, and 14.24, Local Emergencies—Electrical Utility, copies of which are attached
as Exhibit A and made a part hereof by reference.
Section 2. Title 16 (Buildings and Construction)of the Redding Municipal Code is repealed,
and a new Title 16 (Buildings and Construction) is added to the Code to read as set forth in Exhibit B
attached and made a part hereof by reference.
Section 3. Section 16.02.010(B) is being adopted based upon the City Council finding that
it is necessary in the community due to local conditions caused by high annual rainfall, coupled with
high groundwater and poor drainage.
Section 4. 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 5. This ordinance shall take effect 30 days after the date of its adoption; and the City
Clerk shall certify to the adoption of this ordinance and cause its publication according to law.
I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the
City Council on the 18th day of May , 1999; and was read and adopted at a regular meeting of the
City Council on the 1st day of June , 1999, by the following vote:
AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ROBERT C. ANDERSON, Mayor
Attest: Form Approved:
Connie Strohmayer, lity Clerk David E. Tranberg, Assistant Ci Atte ey
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Title 14
Utilities
Chapters:
14.04 Underground Utility Districts
14.08 Water
14.09 Drought Management Plan
14.16 Sewers
14.18 Storm Drainage Utility
14.20 Collection of Public Utility Accounts
14.22 Electric Utility
14.24 Local Emergencies—Electrical Utility
EXHIBIT A
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CHAPTER 14.22 I
Chapter 14.22 master control equipment shall also be
installed away from hazardous areas. (Prior
ELECTRIC UTILITY code § 9-10)
14.22.005 Authority
14.22.010 Main services underground 14.22.030 Meter installation—Sockets.
14.22.020 Meter installation—Location Meter sockets shall be installed on an exterior
14.22.030 Meter installation—Sockets wall of the building to be served. The meter
14.22.040 Entrance switches socket may be installed in a recess on the exterior
14.22.050 Electric motors wall; but in such case, it shall be installed in the
14.22.060 Three phase service center of a space not less than fourteen(14)inches
14.22.070 Four-(4)wire delta installations square. In all cases, the meter socket rim shall
14.22.080 Location of point of service project out from the exterior wall surface not less
14.22.090 Service entrance—Underground than three-fourths(3/4)inch.
14.22.100 Voltage checks A. If the main switch of the service is two
14.22.110 Temporary service connections hundred(200)amperes or more in capacity,
14.22.120 Relocation cost but not in excess of two hundred forty(240)
14.22.130 Tree removal volts, a heavy-duty meter socket shall be
14.22.140 Prerequisites for service installed.
connection B. If the main switch is in excess of two
14.22.150 Interruptions in electric service hundred (200) amperes and two hundred
14.22.160 Separate service for each premises forty (240) volts, but less than six hundred
14.22.170 Rate establishment (600) volts, the electrical energy provided
shall be measured by a current transformer.
The current transformer shall be connected
14.22.005 Authority. ahead of the service switch in a metal cabinet
Unless otherwise specified in this chapter, approved by the City which is free of all
approval of the City shall mean approval of the incidental wiring.
Director ofElectric Utility or his or her authorized C. If the service applied for requires a
representatives or designees. socket-type meter,the service applicant shall
furnish and install sockets with approved
14.22.010 Main services underground. sealing rings.
All main services exceeding two hundred(200) D. If more than one electrical service meter is
amperes shall be installed underground,unless,in installed at a service location, each meter
consideration of the particular circumstances of position and main switch shall be clearly and
the installation,the Distribution System Manager permanently marked by the service applicant
of the Electrical Department and the Building to indicate the location or locations serviced
Official consent to an alternate installation. Such by the meter. The City shall not provide
consent shall be at the absolute discretion of such permanent service to the location until the
officials. (Prior code § 9-9.2) identification has been approved by the
City.
14.22.020 Meter installation—Location. E. The City shall furnish and install meters and
A. All electrical utility meters shall be installed testing equipment. The City shall install
on the premises to be served at a place secondary wiring for current transformers to
approved by the City. The location shall be the meter with continuous runs of coded
accessible for inspection, reading, and wires located in conduit or raceway,
testing. furnished and installed by the service
B. The City shall not approve an electrical applicant.
meter installation within a hazardous area,as F. All electrical service meters installed without
defined in the latest edition of the California current transformers shall be located not
Electric Code adopted by the City. The more than seventy-five (75) inches, and not
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Cu PTER14.22 1
less than forty-eight (48) inches, above the (240), or four hundred eighty (480) volt
ground on the exterior installations. If, supply.
however, the meter is installed in an B. If existing three- (3) phase facilities are
approved metal cabinet in a meter room,the available at the service location, electric
minimum height location above the floor or motors shall be served at the existing three-
ground may be reduced to thirty-six (36) (3)phase supply voltage.
inches. All meter installation heights shall C. The maximum size allowable for any one(1)
be measured from the meter's axis. (Prior motor at two hundred eight (208) volts is
code § 9-10.1) thirty(30)hp. The maximum size allowable
for any one (1) motor at two hundred forty
14.22.040 Entrance switches. (240)volts,three- (3)phase is fifty(50)hp.
The entrance switch or master service switch The capacity of any motor or other device
shall be located on the load side and in close may be determined by test;or if the original
proximity to the electrical service meter and in all name plate has not been removed or altered,
cases shall be in a readily accessible location. the manufacturer's catalog rating may be
A. In multiple-occupancy structures an entrance used.
switch or master switch shall be installed on The City reserves the right to refuse to
the load side of each meter at the meter supply electrical loads of a character that, in the
location, in a common, readily accessible sole opinion of the City, may seriously impair
location with all other entrance switches or service to any customer. In case of hoists or
master switches. elevator motors, welders, furnaces, compressors
B. In all commercial or industrial electrical and other installations of like character where the
service installations, a master disconnect use of electricity is intermittent or subject to
switch or circuit breaker shall be installed on violent fluctuations, the City may require the
the load side of the electrical service meter. customer to provide,at his own expense,suitable
(Prior code § 9-10.2) equipment to reasonably limit such fluctuations.
The starting currents drawn from lines of
14.22.050 Electric motors. each rated size of alternating current motors(such
All electric motors operated within the City currents to be determined by tests or based on
shall have adequate running over-current published data by manufacturers)shall not exceed
protection. Three- (3) phase motors shall have the allowable locked-rotor current values for
over-current protection on all three(3)phases. alternating current motors shown in the following
A. All electric motors of less than seven and tables,correction being allowed to compensate for
one-half (7'/2) hp may be served by difference between the voltage supply at the motor
single-phase two hundred forty (240) volts terminals and its rated voltage.
supply, except that electric motors of The City may limit the maximum size and
one-half('/2)hp or smaller may be served by type of any motor that may be operated at any
one hundred twenty (120) volts supply. specific location on the City's electric system that,
Motors larger than seven and one half(7'/2) in the City's sole discretion,could be detrimental
hp shall be served by three- (3) phase two to the City's electric system operation or any
hundred eight (208), two hundred forty customers' operations.
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CHAPTER 14.22 I
TABLE 1
Alternating Current—Single Phase Motors
Allowable
Locked-rotor Currents
Rated Size 240 Volts
'/2 hp and less 20 amp
3/4 and 1 hp 27 amp
1 '/2hp 30 amp
2hp 40 amp
3hp 60 amp
5hp 100 amp
7 'h hp 110 amp
TABLE 2
Alternating Current—Polyphase Motors
Allowable Locked-rotor Currents
208 Volt 240 Volt 480 Volt
Rated Size 3 Phase 3 Phase 3 Phase
3 hp 69 amp 60 amp 30 amp
5 hp 101 amp 88 amp 44 amp
7 '/2 hp 133 amp 115 amp 58 amp
10 hp 162 amp 141 amp 71 amp
15 hp 227 amp 197 amp 99 amp
20 hp 288 amp 250 amp 125 amp
25 hp 350 amp 304 amp 152 amp
30 hp 415 amp 360 amp 180 amp
40 hp 380 amp 190 amp
50 hp 400 amp 200 amp
60 hp 240 amp
75 hp 300 amp
100 hp 400 amp
125 hp 500 amp
150 hp 600 amp
200 and over 4 amp per hp
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CHAPTER 14.22 I
exceed two hundred (200) amperes or two
If the current of the motor exceeds the value hundred forty(240)volts.
given in the table, a reduced voltage starter or B. A socket-type meter shall be used in all four-
other means shall be used to limit the current (4) wire delta circuits larger than two
value to the value specified in the table.Maximum hundred (200) amperes, and the service
permissible current values in the preceding tables applicant shall provide a standard four- (4)
apply to an installation of a single motor.Reduced wire,three-(3)phase cabinet as approved by
voltage starters may be omitted on the smaller the City.
motors of a group installation when their omission
will not result in a current in excess of the C. All current transformer cabinets provided by
allowable current of the largest motor of the the service applicant shall be equipped with
group. (Prior code § 9-11) a removable current transformer pan.
D. If the service applicant intends to install a
14.22.060 Three phase service. four- (4)wire delta circuit service in excess
A. On all three- (3) phase four hundred eighty of two hundred(200)amperes capacity,the
(480)volt installations,the service applicant City shall approve the installation and the
or installing electrical contractor shall location and size of the current transformer
provide a metal cabinet to house the and meter cabinet prior to installation. (Prior
instrument transformers and electrical code § 9-11.2)
service meters ahead of the service
disconnection switch. 14.22.080 Location of point of service.
The location of point of service shall be on
B. If the installation provides for a socket-type that portion of the building facing the nearest
meter for use in conjunction with a current street, alley, electric utility easement or public
transformer, the service applicant shall way on which the nearest City electrical utility
supply a one(1)inch or one and one-quarter facilities are located, unless, in consideration of
(11/4) inch type S-5 polyphase socket or its special location conditions, the City consents to
equivalent.The opening of the socket is to be an alternate location.
closed by a plug and sealing screw. (Prior A. The service applicant-shall provide a suitable
code § 9-11.1) and substantial point of contact for the
service conductor. If the structure to be
14.22.070 Four- (4) wire delta served does not provide such a point, the
installations. service applicant shall provide and erect a
The term "four- (4) wire delta circuit" as suitable pole or timber.
used in this section is defined to mean a circuit in B. In relation to the height above the ground of
which a three- (3) wire; three- (3) phase circuit; power lines running to the point of service
and a three- (3) wire, single-phase circuit are on the structure or pole for which an
combined and are served through a single application for service has been made:
electrical service meter. If the service applicant 1. Service conductors shall contact a
wishes to install a four-(4)wire delta circuit at an building at one point of attachment
electrical service location within the City, only, and the customer's service head
applicant shall notify the City in advance of the shall be no greater than four (4) feet
commencement of electrical work preparatory to from this point of attachment. The
such an installation. The City shall determine the customer shall leave leads at least four
availability of this type of service at the proposed (4)feet long extending from the service
location. head.
A. The City shall furnish self-contained, 2. If the service drop conductor will be
socket-type meters for a four-(4)wire delta required to pass over a building roof,
installation if the main switch does not the City shall approve the location of
point of service. (Prior code § 9-12)
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CHAPTER 14.22
14.22.090 Service entrance — power lines without first obtaining the approval of
Underground. the City electrical utility for such removal. The
Where a City electrical utility service person causing the tree to be removed shall be
entrance is underground, it shall not be closed solely responsible for the City's cost to remove a
until inspected and approved by the City Electric power line if the City determines that because of
Utility System Inspector. The City shall not the size or nature of the power line it is necessary
provide electrical service nor install the electrical for the City to remove the line so that the tree may
utility meter unless the City has approved the be safely removed. (Prior code § 9-14.5)
underground electrical service. (Prior code §
9-12.3) 14.22.140 Prerequisites for service
connection.
14.22.100 Voltage checks. The City shall not furnish electrical service
Electrical customers shall pay a service to any new construction, additions,or alterations
charge established by resolution of the City of the structure, unless and until all required
Council for a recording voltage check if the easements or right-of-ways have been recorded
customer requests the voltage check and the and fees and charges due from the service
results of the check establish that the voltage is applicant to the City have been paid in full and
within the allowable limits of fluctuation.Voltage written notice has been received by the City
checks will made only at the main line service Electrical Utility from the City Building Inspector
switch or service entrance heads. (Prior code § that the structure complies with all of the
9-12.5) provisions of the City Code and is approved.
(Prior code § 9-14.7)
14.22.110 Temporary service connections.
The City shall supply a temporary service 14.22.150 Interruptions in electric service.
connection to a general contractor or The City shall not be liable for damage
subcontractor at a construction site if, in the sole resulting from interruptions in electric service
discretion of the City, adequate City electric from causes beyond the control of the City. In
utility service facilities are available at the addition, as a condition precedent to service,the
requested location. City reserves the right to make temporary
A. The service applicant shall provide shutdowns without liability in order to make
temporary underground service connectors improvements and repairs.Whenever possible and
and shall comply with the provisions of this as time permits, all customers affected will be
chapter and Chapter 16.05. notified prior to making shutdowns. (Ord.1459 §
B. All temporary service pedestals shall be 1, 1979)
erected as near to the closest City electrical
service facilities as practicable and in 14.22.160 Separate service for each
accordance with the City's instructions. premises.
(Ord. 1716 §2, 1985: prior code § 9-13) A. The City shall not supply electric service
through the same meter to separate premises,
14.22.120 Relocation cost. even if the premises are owned by the same
If proposed residential, commercial, or customer. The City in its sole discretion
industrial construction requires relocation of the may permit in writing such shared service
existing City utility power poles, service lines, upon a showing of good cause.
service wires, or light standards, person(s) B. A customer shall not furnish or use
responsible for the new construction shall pay the electricity received from the City upon
total cost of the relocation. (Prior code § 9-13.1) premises for purposes, other than those
specified in his application for service.
14.22.130 Tree removal. C. An electrical consumer of the City shall not
No trees may be removed within the City furnish or resell electricity received from the
limits through the branches of which pass electric
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CHAPTER 14.22 I
City to any person; except, where all of the all bonded indebtedness incurred in the
following are met: construction or extension of the electrical
1. The consumer is the owner or master utility system, including principal and
lessee of a single building or structure interest thereof, and to establish and
containing more than one(1)residential maintain a reasonable reserve fund to
unit or commercial business, or provide for unforeseen contingencies and the
professional office; acquisition of facilities in newly annexed
2. The customer applies to the City in areas as well as extensions and betterments
writing for consent to assume and pay of the existing system.Electrical utility rates
the total electrical utility charges for the shall not be charged in excess of the amounts
total structure; necessary to raise the costs, expenses and
3. Any charge to the individual tenants or appropriate reserves set out in this section.
subleases is included in the rental for C. Copies of any resolution adopted by the City
the premises or space occupied as a Council pursuant to this section shall be
fixed or unvarying charge, and except maintained in the offices of the City Clerk
in mobile home parks, and then rates and the Finance Director for inspection by
may not exceed the rates the individual the public and shall be made available to any
tenant or sublease would pay if he were person or persons upon request. (Prior code
on direct City service. § 9-14.10)■
D. In addition to all other remedies provided by
law for violation of the provisions of this
section,the City may discontinue service to
the electrical customer and charge a fee for
reconnection of service following correction
and elimination of the violation.
(Ord. 1467 § 1, 1979)
14.22.170 Rate establishment.
A. The City Council shall by resolution
establish electrical utility rates for all
electrical utility subscribers. In the
establishment of rates,the City Council may
provide different rates for various categories
of use,quantities of power used,and types of
service furnished. In fixing and establishing
electrical utility rates for service within the
corporate limits of the City,the Council shall
be guided by the standards set out in this
section.
B. Electrical utility rates shall be sufficient to
discharge and pay all the costs of operation
and maintenance of the Electrical Utility
Department and the electrical utility system,
including reasonable provision for general
administrative services,and to discharge and
pay all costs in connection with additions
and betterments to the electrical utility
system, and to provide for the amortization
of all depreciation and obsolescence within
the system,and to discharge and pay any and
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CHAPTER 14.22 I
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CHAPTER 14.24 I
Chapter 14.24 will not have a significant effect on the
environment. (Ord. 1373 § 1 (part), 1978)
LOCAL EMERGENCIES—
ELECTRICAL UTILITY 14.24.020 Declaration of local emergency.
The City Manager of this City, or in his
Sections: absence or inability to act, the Director of the
14.24.010 Purpose. Electric Utility, is authorized to proclaim a local
14.24.020 Declaration of local emergency. emergency under the California Emergency
14.24.030 Review by City Council. Services Act,when and if he determines that there
14.24.040 Curtailment or prohibition of exists a condition of disaster or of extreme peril to
electrical energy consumption. the safety of persons and property within the
territorial limits of this City, caused by sudden
14.24.010 Purpose. and severe electrical energy shortage, which
The purpose of this chapter is to provide for conditions are or are likely to be beyond the
the curtailment or prohibition of electrical energy control of the services,personnel,equipment,and
consumption during local energy shortage facilities of this City, and require the combined
emergencies. Such sudden and severe electrical forces of other political subdivisions to combat.
energy shortages may occur in this City from time (Ord. 1373 § 1 (part), 1978)
to time due to storm, drought, delays in
construction ofnew generating plants,or shortage 14.24.030 Review by City Council.
of fuel oil,or other causes,as to require that many Each and every proclamation shall be
or most uses of electricity within the City be immediately reported to the members of the City
curtailed or prohibited. Council, and justification therefor, in writing,
The California Emergency Services Act supplied as promptly as possible. The Council
provides for the declaration of local emergencies shall review from time to time,as necessary, and
when such conditions are beyond the control of at least every fourteen(14) days until such local
the services,personnel, equipment, and facilities emergency is terminated,the need for continuing
of this City.When the combined services of other such local emergency;and the City Council shall
political subdivisions and services available proclaim the termination of such local emergency
through the Director of the State Office of at the earliest possible date that conditions
Emergency Services are required to combat such warrant. (Ord. 1373 § 1 (part), 1978)
conditions, the California Emergency Services
Act provides for the rendition of mutual and State 14.24.040 Curtailment or prohibition of
aid and for the extension of various privileges and electrical energy consumption.
immunities of City employees attempting to During the existence of any local emergency,
combat such conditions. the City Manager,or in his absence or inability to
This chapter authorizes the declaration of a act, or under his delegation, the Director of the
local energy shortage emergency by the City Electric Utility,may curtail and prohibit any use
Council or by a City official designated in this of electricity by any department or function of the
chapter so that appropriate action may be taken City, or any customer of the city, either
promptly when necessary. individually or by classifications, to the extent
The City Council has reviewed and necessary to alleviate the conditions which
considered the negative declaration prepared on comprise the local emergency. (Ord. 1373 § 1
this project and has determined that this project (part), 1978)■
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Title 16
BUILDINGS AND CONSTRUCTION
Chapters:
16.01 Building Official—Permits
16.02 Building Code
16.03 Mechanical Code
16.04 Plumbing Code
16.05 Electrical Code
16.06 Housing Code
16.12 Clearing, Grading,Fills, and Excavation
16.13 Curb, Gutter, and Sidewalk Requirements
16.14 Building Security
16.16 Swimming Pools
16.21 Park Funds
16.22 Construction Taxes
16.23 Dana Drive Traffic Impact Fee District
16.24 Regulation of Residential Development in Overcrowded School Attendance Areas
16.25 Citywide Transportation Development Impact Fee District
EXHIBIT B
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CHAPTER 16.01 I
Chapter 16.01 systems, and other permanent equipment.
C. Section 304.5.2 is amended as follows:
BUILDING OFFICIAL—PERMITS
An investigation fee, in addition to the permit
Sections: fee, shall be collected whether or not a permit
16.01.010 Enforcement duties. is then or subsequently issued. The
16.01.020 Uniform Administrative Code investigation fee shall be equal to the amount
adopted. of the permit fee required by this code. The
16.01.030 Board of appeals. minimum investigation fee shall be the same as
16.01.040 Fee payment. the minimum fee set forth by resolution. The
16.01.050 Disposition of fees. payment of such investigation fee shall not
16.01.060 Building permits issued by a exempt an applicant from compliance with all
public agency other than City. other provisions of either this code or the
technical codes nor from the penalty prescribed
by law.
16.01.010 Enforcement duties. D. Tables 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G and
The Building Official shall be charged with the 3-H regarding fees are deleted.
enforcement of the City's building codes as (Ord. 2143 § 5, 1996: Ord. 2015 § 1 (V), 1992)
adopted by City Council or required to be
enforced by mandate of the State or Federal 16.01.030 Board of appeals.
governments. (Ord. 2006 § 1 (part), 1992) The Board of Appeals as created by the
California Building Code consists of five
16.01.020 Uniform Administrative Code members who are qualified by experience and
adopted. training to pass upon matters pertaining to
A. That certain document, a copy being on file building construction.The Building Official shall
and open for inspection in the office of the City be an ex officio member and shall act as secretary
Clerk,marked and designated as: of the board. Board members shall be appointed
by the City Council and shall hold office for four-
Uniform Administrative Code, 1997 Edition, (4)year terms. The Board shall adopt reasonable
published by the International Conference of rules and regulations for conducting its
Building Officials, except as specifically investigations and shall render all decisions and
amended in this title, is adopted as the findings in writing to the Building Official with a
Administrative Code of the City and is duplicate copy to the appellant. It shall consider
included in and made a part of this code as and may recommend such new ordinances as are
though set forth at length herein. consistent with the California Building and
B. Sections 304.2 and 304.3 are amended as Uniform Housing Codes.(Ord. 1420 § 1, 1978)■
follows:
The fee for each permit shall be as set forth by 16.01.040 Fee payment.
resolution. All permit, plan check, energy check, code
enforcement, inspection fees, and book or
The determination of value or valuation under publication charges required to be paid by
any of the provisions of these codes shall be applicant shall be remitted directly to the City
made by the Building Official. The value to be Treasurer by the applicant for the permit,
used in computing the building permit and certificate,plan review,inspection,publication,or
building plan review fees shall be the total service.No inspection,plan review,or certificate
value of all construction work for which the shall be performed or issued unless the fees have
permit is issued as well as all finish work, been paid. (Ord. 2006 § 1 (part), 1992)
painting,roofing,electrical,plumbing,heating,
air-conditioning, elevators, fire-extinguishing 16.01.050 Disposition of fees.
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CHAPTER 16.01 I
All fees collected due to Building Division certificate of occupancy, completion, or
activities and submitted to the City Treasurer shall compliance shall not be charged a fee for those
be credited to the appropriate accounts established services; however, a building permit shall be
by this code or by resolution of City Council. obtained to collect other fees imposed by the City,
(Ord. 2006 § 1 (part), 1992)■ to assure adequate fire flows during and after
construction and to coordinate connection or
16.01.060 Building permits issued by a service from City utilities. Fees associated with
public agency other than City. such permit for other than Building Division-
Permits for construction, remodeling, or related services shall be due and payable prior to
installation of structures, including mobile or any construction or installation of such services.
modular units,within the City by another agency (Ord. 2006 § 1 (part), 1992)
that does not require the Building Division to do
plan reviews, perform inspections, or issue a
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. CHAPTER 16.02
Chapter 16.02
Except as specifically amended in this title,are
BUILDING CODE adopted as the Building Code of the City for
regulating the erection, construction,
Sections: enlargement, alteration, repair, moving,
removal, demolition, conversion, occupancy,
16.02.010 California Building Code adopted. equipment,use,height,area,and maintenance
of all buildings or structures in the City of
Redding and are included in and made a part of
16.02.010 California Building Code adopted. this code as though set forth at length herein.
A. That certain document, a copy of which is on B. A vapor barrier shall be installed under all
file and open for inspection in the office of the residential concrete slab floors.
City Clerk,marked and designated as: Exceptions:
1. Accessory buildings not used for human
California Building Code, 1998 Edition, occupancy.
Volumes 1, 2, and 3 published by the 2. In existing situations where a separate
International Conference of Building Officials, floor covering is provided above a
including Appendix Chapters 15, 29, 31 concrete slab, the vapor barrier may be
Divisions II and III, and 34,and installed on top of the slab.
C.Table I-A,Building Permit Fees,is deleted.
The generic fire-resistive assemblies listed in (Ord. 2148 § 2, 1996; Ord. 2143 § 2, 1996: Ord.
the Fire Resistance Design Manual,Fourteenth 2015 § 1 (II), 1992; Ord. 1899 § 2, 1989)
Edition, dated April 1994, published by the D. Sections 107.2 and 107.3 are amended as
Gypsum Association (CBC tables 7-A, 7-B, follows:
and 7-C); and
107.2 General. The fee for each permit shall
Structural Welding Code-Reinforcing Steel, be as set forth by resolution.
AWS D1.4-92(CBC Standard 19-1);Load and
Resistance Factor Design Specifications for The determination of value or valuation under
Structural Steel Buildings, December 1, 1993 any of the provision of this code shall be made
(CBC Chapter 22, Division II); Specification by the Building Official. The value to be used
for Structural Steel Buildings Allowable Stress in computing the building permit and building
Design and Plastic Design,June 1, 1989(CBC plan review fees shall be the total value of all
Chapter 22, Division III); Load Resistance construction work for which the permit is
Factor Design Specification for Cold Formed issued, as well as all finish work, painting,
Steel Structural Members, 1986 with roofing, electrical, plumbing, heating, air
December 1989 Addendum(CBC Chapter 22, conditioning, elevators, fire-extinguishing
Division VI);Specification for Design of Cold systems,and any other permanent equipment.
Formed Steel Structural Members, 1986(CBC
Chapter 22, Division VII); Standard 107.2 Plan Review Fees. When submittal
Specification for Steel Joists, K-Series, LH- documents are required by Section 106.3.2, a
Series, DLH-Series, and Joist Girders, 1994 plan review fee shall be paid at the time of
(CBC Chapter 22, Division IX); Structural submitting the submittal documents for plan
Applications of Steel Cables for Buildings, review. Said plan review fee shall be as set
ASCE 17-95 (CBC Chapter 22,Division XI); forth by resolution.
and National Design Specification for Wood
Construction, Revised 1991 Edition (CBC
Chapter 22,Division III,Part I),as modified or
amended in the California Building Code
referenced herein.
.02-1
4) 1111
• CHAPTER 16.02 I
The plan review fees specified in this section E. Section 3406.2 of Appendix 34 is replaced by
are separate fees from the permit fees specified the following:
in Section 107.2 and are in addition to the
permit fees. 3406.2 Application. Appendix 34 shall become
applicable to an existing building which does not
When submittal documents are incomplete or conform with the minimum requirements of the
changed so as to require additional plan review California Building Code whenever the Fire
or when the project involves deferred submittal Marshal or the Building Official has determined
items as defined in Section 106.3.4.2, an that the building is an unsafe building as
additional plan review fee shall be charged at designated by Section 102 of the California
the rate set forth by resolution. Building Code or Section 103.4.5 of the
(Ord. 2148 § 2, 1996; Ord. 2143 § 2, 1996: Ord. California Fire Code.
2015 § 1 (II), 1992; Ord. 1899 § 2, 1989) (Ord. 2194 § 2, 1997; Ord. 2148 § 2, 1996; Ord.
2143 § 2, 1996; Ord. 2015 § 1 (II), 1992; Ord.
1899 § 2, 1989)
.02-2
•
CHAPTER 16.03 I
Chapter 16.03
MECHANICAL CODE
Sections:
16.03.010 California Mechanical Code
16.03.010 California Mechanical Code
adopted.
A. That certain document, a copy being on file
and open for inspection in the office of the City
Clerk,marked and designated as:
California Mechanical Code, 1998 Edition,
published by the International Association of
Plumbing and Mechanical Officials,is adopted
as the Mechanical Code of the City and is
included in and made a part of this code as
though set forth at length herein.
B. As an amendment to the California Mechanical
Code, Section 115 regarding fees is deleted
from this code.
(Ord. 2143 § 4, 1996: Ord. 2015 § 1 (IV), 1992)
.03-1
s •
CHAPTER 16.04 I
Chapter 16.04 designated California Plumbing Code, 1998
Edition, published by the International
PLUMBING CODE Association of Plumbing and Mechanical
Officials, except as hereafter specifically
Sections: amended or changed, is adopted as the
16.04.010 California Plumbing Code Plumbing Code of the City,and is included in
adopted. and made a part of this code as though fully
set forth at length herein.
B. As an amendment to the California Plumbing
16.04.010 California Plumbing Code Code, Section 103.4 regarding fees is deleted
adopted. from this code.
A. That certain document,a copy of which is on (Ord. 2143 § 7, 1996: Ord. 2015 § 1 (VI), 1992)
file in the office of the City Clerk,marked and
.04-1
• I
' CHAPTER 16.05 I
Chapter 16.05
ELECTRIC CODE
Sections:
16.05.010 California Electric Code adopted.
16.05.020 Service disconnection.
6.05.010 Electrical Code adopted.
That certain document, a copy being on file
and open for inspection in the office of the City
clerk, marked and designated California
Electrical Code, 1998 Edition, published by the
National Fire Protection Association, except as
hereafter specifically amended or changed, is
adopted as the Electrical Code of the City,and is
included in and made a part of this code as though
set forth at length herein. (Ord. 2143 § 6, 1996:
Ord. 1972 § 1, 1991)
16.05.020 Service disconnection.
The City may disconnect an electric meter and
cease the service to an electrical consumer
whenever the Fire Marshal of the City or the City
Building Official determines that the structure
being served constitutes a serious fire hazard, or
public health hazard,or is otherwise dangerous for
human occupancy. (Prior code § 9-14.8)
.05-1
• •
CRATER 16.06 I
Chapter 16.06
HOUSING CODE
Sections:
16.06.010 Uniform Housing Code adopted.
16.06.010 Uniform Housing Code adopted.
A. That certain document, a copy being on file
and open for inspection in the office of the
City Clerk,marked and designated as:
Uniform Housing Code, 1997 Edition,
published by the International Conference of
Building Officials,is adopted as the Housing
Code of the City and is included in and made
a part of this code as though set forth at length
herein.
(Ord.2143 § 1, 1996:Ord.2015 § 1 (I), 1992)
B. Section 202 is amended as follows:
SECTION 202 — SUBSTANDARD
BUILDINGS
Buildings or portions thereof which are
determined to be substandard as defined in
this code are hereby declared to be public
nuisances and shall be abated by repair,
rehabilitation, demolition, or removal in
accordance with the procedures specified in
Title 15 of this code.
C. Sections 203.1 and 203.2 are deleted.
D. Chapters 11 through 16 are deleted in
entirety.
.06-1
• •
CHAPTER 16.12 I
Chapter 16.12 and erosion-control operations.
B. The provisions of this chapter shall not be
CLEARING, GRADING,FILLS construed as waiving any requirements
AND EXCAVATION imposed by State, Federal, or other local
statutes or regulations or other provisions of
Sections: this code.
16.12.010 Purpose. (Ord. 1986 § 1 (part), 1992)
16.12.020 Scope.
16.12.030 Exemptions. 16.12.030 Exemptions.
16.12.040 Definitions. The provisions of this chapter shall not apply
16.12.050 Permit—Required. to:
16.12.060 Permit—Applications. A. Work accomplished upon land owned and
16.12.070 Permit—Fees. controlled by the United States of America
16.12.080 Permit — Environmental or by the State and which is performed
consideration. pursuant to a public program of some agency
16.12.090 Permit—Hearing. thereof;
16.12.100 Permit—Denial grounds. B. Any excavation, removal, fill, or deposit of
16.12.110 Permit—Appeal. any earth or other materials within a property
16.12.120 Permit—Issuance—Conditions which is dedicated or used or to be used for
—Revocation. cemetery purposes;provided that such work
16.12.130 Security. is performed for burying the dead and does
16.12.140 Design standards — Cuts, fills, not affect the lateral support or increase the
drainage,and erosion control. stresses in or pressure upon any adjacent or
16.12.170 Excavations. contiguous property not owned by the
16.12.190 Inspection and supervision. cemetery authority;
16.12.200 Modifications. C. Any grading operation which is conducted
16.12.210 Inspecting officials. during a period of civil emergency or natural
16.12.220 Safety. disaster and which is directly connected with
16.12.230 Completion of work. or related to relief of conditions caused by
16.12.240 Protective device maintenance. such emergency or disaster;
16.12.250 Hauling. D. The depositing of rubbish or other material
16.12.260 Grading violations. at any reclamation or rubbish disposal site
16.12.270 Nuisance. operated by the City and grading work
16.12.280 Penalties and remedies. performed as part of such operation;
E. Any work done in City streets, sidewalks,
16.12.010 Purpose. alleys,parkways or easements by the City or
The purpose of this chapter is to safeguard life, pursuant to an encroachment permit issued
health,property,the environment, and the public under provisions of this code;or
welfare by establishing minimum requirements for F. Excavations for utilities installed pursuant to
grading,clearing,and erosion control.(Ord. 1986 permits issued by the Building Division;
§ 1 (part), 1992) G. Reconstruction of paved parking lots that do
not alter the existing drainage pattern;
16.12.020 Scope. H. Grading, clearing, and the placement of
A. This chapter sets forth rules and regulations topsoil for landscape purposes on a
to control clearing and grading, the developed single-family residential parcel
prevention of erosion and other which is less than one (1) acre, except as
environmental damage, establishes otherwise regulated by Chapter 13.40,Trees
administrative procedures for issuance and and Shrubs.
enforcement of permits,and provides for the (Ord. 1986 § 1 (part), 1992)
approval of plans and inspection of grading
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• •
CHAPTER 16.12
16.12.040 Definitions. relocated and shall include the conditions
As used in this chapter, unless the context resulting therefrom.
otherwise clearly indicates: "Existing grade"means the grade prior to the
"Abandon" means not actively working on proposed grading.
the project and unable to be contacted, or is "Fill"means any act by which earth material
unwilling to return to the project after reasonable is deposited and includes the condition resulting
notice. therefrom.
"Architect" means a professional architect "Final erosion- and sediment-control plan
licensed by the State pursuant to Chapter 3 of (final plan)" means a set of best management
Division 3 of the Business and Professions code. practices or equivalent measures designed to
"As-graded" means the surface conditions control surface runoff and erosion and to retain
existing on completion of grading. sediment on a particular site after all other
"Bench" means a relatively level step planned final structures and permanent
excavated into earth material on which fill is to be improvements have been erected or installed.
placed. "Finish grade" means the final grade of the
"Best management practices" is a technique site which conforms to the approved plan.
or series of techniques which, when used in an "Grade" means the vertical location of the
erosion-control plan, is proven to be effective in ground surface.
controlling construction-related runoff, erosion, "Grading" means any excavation or fill or
and sedimentation. combination thereof and shall include the
"Board" shall mean the State Board of conditions resulting from any excavation or fill.
Registration for Professional Engineers and Land "Interim erosion-and sediment-control plan
Surveyors. (interim plan)" means a set of best management
"Borrow" is earth material acquired from an practices or equivalent measures designed to
off-site location for use in grading on a site. control surface runoff and erosion and to retain
"Civil engineer" means a professional sediment on a particular site during the period in
engineer registered by the State to practice in the which pre-construction and construction-related
field of civil engineering. land disturbances,fills and soil storage occur,and
"Clearing"means the removal or destruction before fmal improvements are completed.
of vegetation or trees. "Key" means a designed compacted fill
"Code" shall mean the Redding Municipal placed in a trench excavated in existing earth or
Code. previously graded material beneath the toe of a
"Compaction" means the densification of a proposed fill slope.
fill by mechanical means. "Property owner" as used in this chapter
"Declaration"shall mean a written statement means the owner of the fee title or leasehold
expressing the professional opinion of the civil interest in real property who has the present rights
engineer, soils engineer or engineering geologist to possession and control of the property.
for that portion of the grading work under their "Reasonable notice" means written,
control. telephone, or verbal and includes attempts to
"Earth material"means any rock,natural soil notify by mail or telephone,even if actual contact
or fill and/or any combination thereof. was not made.
"Engineering geologist" means a geologist "Rough grade" means the stage at which the
registered by the State as a certified engineering grade approximately conforms to the approved
geologist experienced and knowledgeable in plan.
engineering geology. "Site" means one or more contiguous lots or
"Erosion" means the wearing away of the parcels of land under the same ownership,
ground surface as a result of the movement of whether or not separated by a street or streets.
wind,water and/or ice. "Slope" means an inclined ground surface,
"Excavation"means any act by which earth the inclination of which is expressed as a ratio of
material is cut into, dug, removed, displaced or horizontal distance to vertical distance, i.e.,
.12-2
4110 I
CHAPTER 16.12 I
commonly expressed as two (2) to one (1), one thousand (20,000) square feet or
and one-half(1'/2)to one(1), etc. two hundred fifty (250) cubic
"Soil" means the naturally occurring yards of earth material on parcels
superficial deposits over laying bedrock or twenty thousand (20,000) square
hardpan. feet or larger; and
"Soils engineer" means a civil engineer b. Does not exceed two (2) feet in
registered by the State who has been found vertical depth at its deepest point
qualified as a soils engineer according to the rules measured from the original ground
and regulations established therefor by the board. surface; and
"Terrace" means a relatively level step c. Does not create a cut slope greater
constructed in the face of a graded slope surface than four (4) feet in height and
for drainage and maintenance purposes. steeper than two(2)horizontal to
"Tree"means any plant which has a trunk six one(1)vertical; and
(6) inches or greater in diameter at four(4) feet d. Does not change the existing
above the ground. drainage pattern.
"Vegetation" means all plants less than six 2. A fill that does not:
(6) inches in diameter at four (4) feet above the a. Exceed fifty (50) cubic yards of
ground, underbrush, weeds, grasses, shrubs, earth material; and
plants,etc. b. Is not intended to support
"Watercourse" means any well-defined structures; and
channel with distinguishable bed and bank c. Is less than three (3) feet in
showing evidence of having contained flowing vertical depth and is placed on
water indicated by deposit of rock, sand, gravel, natural terrain with a slope flatter
or soil, including, but not limited to, streams as than five(5)horizontal to one(1)
defined in Public Resources Section 4528(f). vertical; and
"Watercourse" also includes manmade d. Does not change the existing
watercourses. (Ord. 1986 § 1 (part), 1992) drainage pattern.
3. An excavation below finished grade for
16.12.050 Permit—Required. basements and footings of a building or
A. Except as otherwise provided in Section for a swimming pool,retaining wall,or
16.40.030 and this section, no person shall other structure authorized by a valid
commence or perform any clearing or building permit. This shall not exempt
grading and no person shall export or import any fill made with earth material from
any earth materials to or from any site unless such excavation nor exempt any
pursuant to a written permit from the office excavation having an unsupported
of the Public Works Director. The permit height greater than four (4) feet after
shall be in the name of the property owner.A the completion of such structure.
separate permit shall be required for each 4. Clearing at a single site, provided that
site but may include the entire operation at the total area cleared does not exceed
such site.When grading is to be done within one (1) acre and is not in violation of
fifty(50)feet of a seasonal watercourse or in any other applicable ordinance.
the one hundred (100) year floodplain of a 5. Clearing for agricultural purposes on
stream, creek or river, a permit shall be land within a special agricultural
required in all cases. combining district as set forth in this
B. Exceptions. Permits shall not be required in code.
the following instances: 6. Clearing of vegetation as required by
1. An excavation which: the Fire Marshal for abatement of a
a. Does not exceed one hundred nuisance, to provide safety around
(100)cubic yards of earth material structures,or to suppress a fire.
on parcels less than twenty 7. Clearing or grading for any project by
.12-3
•
CHAPTER 16.12
•
or under contract with the City or Works Director determines that a
County. project may adversely impact a
(Ord. 1986 § 1 (part), 1992) watercourse,the interim and final plans
shall be prepared by a registered civil
16.12.060 Permit—Applications. engineer experienced in erosion
Applications for permits required by this control, a certified professional soil
chapter shall be made in writing and filed with the erosion- and sediment-control
Public Works Director. Such applications shall specialist,or a soil scientist certified by
include or be accompanied by the following: the American Registry of Certified
A. Plans, Specifications, Soils Reports, and Professionals in Agronomy Crops and
Interim and Final Erosion and Sediment Soils.
Control Plans. 5. Engineering Geological Report. The
1. Two (2) sets of grading plans and Public Works Director, after a visual
specifications prepared and designed by site investigation, may require an
a civil engineer,or a licensed architect, engineering geological report based
when prepared in conjunction with upon the grading plans. The
building design and an application for a engineering geological report shall be
building permit, shall be submitted, prepared and signed by an engineering
together with such supporting data as geologist and shall include a
may be necessary to comply with the description of the geology of the site,
provisions of this section. The scale of conclusions and recommendations
the grading plans shall not be more than regarding the effect of geological
one(1)inchequalingfifty(50)feet,nor conditions on the proposed
less than one (1) inch equaling twenty development, and a geologic map of
(20) feet. The scale of details or sufficient detail as to portray the
sections shall not be less than one (1) existing field condition.
inch equaling one(1) foot. Recommendations included in the
2. The Public Works Director may waive report and approved by the Public
the requirements for scale plans or Works Director shall be incorporated
drawings if it is found that the into the grading plans.
information on the application is 6. Soil Engineering Report. Unless it is
sufficient to show that the work will found to be unnecessary after a visual
conform to the provisions of this site investigation by the Public Works
chapter. Director, a soils engineering report
3. The Public Works Director may waive shall be submitted based upon the
the requirement that plans and grading plans. Such report shall be
specifications be prepared by a civil prepared by a civil engineer or a soils
engineer or licensed architect when the engineer and shall include data
total quantity of excavation or fill does regarding the nature, distribution, and
not exceed five thousand(5,000)cubic strength of existing soils, conclusions,
yards and the site is not to be used to and recommendations for grading
support a structure and the property procedures, design criteria for
owner on whose land the work is to be corrective measures,or other criteria as
done will be in charge of the work and may be necessary. Recommendations
the Public Works Director fords that the included in the report and approved by
work to be performed does not affect the Public Works Director shall be
the health or safety of the public or the incorporated into the grading plans or
employees of the property owner. specifications.
4. For any project which disturbs more B. Plans and Specifications—Clearing.
than five(5)acres,or where the Public 1. If the ground to be cleared will also be
.12-4
• •
CHAPTER 16.12 1
graded, filled, or excavated, then the undisturbed vegetation types,and
plans and specifications provided a schedule for installation,
pursuant to Subsection A of this section maintenance, and upkeep.
shall be sufficient for clearing. 3. The location and detail of all the
2. If the ground is to be cleared only,then measures listed by the applicant under
plans and specifications equivalent to Subsection C2 of this section shall be
the requirements of Subsection Al of depicted on the grading plan or on a
this section shall be submitted, unless separate plan at the discretion of the
after visual site inspection the Public Public Works Director.
Works Director fords that the work to 4. An estimate of the cost of implementing
be performed will not endanger health and maintaining all interim erosion-
or safety of the public or endanger and sediment-control measures must be
property through erosion, siltation, or submitted in a form acceptable to the
drainage. Public Works Director.
C. Interim Erosion and Sediment Control Plan 5. The applicant may propose the use of
(Interim Plan).All the following information any erosion- and sediment-control
shall be provided with respect to conditions techniques in the interim plan,provided
existing on the site during land-disturbing or such techniques are proven to be as or
filling activities or soil storage: more effective than the equivalent best
1. Maximum surface runoff from the site management practices contained in the
shall be calculated using a method Public Works Construction Standards.
approved by the Public Works Director. D. Final Erosion and Sediment Control Plan
2. The interim plan shall also contain the (Final Plan). All the following information
following information, when shall be provided with respect to conditions
applicable: existing on the site after final structures and
a. A delineation and brief improvements (except those required under
description of the measures to be this section)have been completed and where
undertaken to retain sediment on these final structures have not been covered
the site,including,but not limited by an interim plan.
to, the designs and specifications 1. Maximum runoff from the site shall be
for sediment detention basins and calculated using a method approved by
traps, and a schedule for their the Public Works Director.
maintenance and upkeep; 2. The final plan shall also contain the
b. A delineation and brief following information, when
description of the surface runoff applicable:
and erosion-control measures to a. A description of a n d
be implemented, including, but specifications for sediment
not limited to, types and method retention devices;
of applying mulches, and designs b. A description of a n d
and specifications for diverters, specifications for surface runoff
dikes and drains, and a schedule and erosion-control devices;
for their installation,maintenance, c. A description of vegetative
and upkeep; measures;
c. A delineation and brief d. A graphic representation and
description of the vegetative detail of the location of all items
measures to be used, including, in Subsections D2 a, b, and c of
but not limited to, types of seeds this section;
and fertilizer and their application e. A schedule of maintenance and
rates, the type, location, and upkeep of the final plan.
extent of pre-existing and 3. An estimate of the costs of
.12-5
S S
CHAPTER 16.12
implementing all final erosion- and 10. Source of material to be used for fill or
sediment-control measures must be location to which excavated material
submitted in a form acceptable to the will be removed or both;
Public Works Director. 11. Proposed routes for hauling material,
4. The applicant may propose the use of hours of work, and method of
any erosion- and sediment-control controlling dust;
techniques in the final plan, provided 12. Detailed plans of all drainage devices,
such techniques are proven to be as or walls, cribbing, dams, or other
more effective than the equivalent best protective devices to be constructed in
management practices contained in the connection with or as a part of the
Public Works Construction Standards. proposed work, together with a map
E. Other Information. The application and/or showing the drainage area and
plans shall also include the following: calculated runoff of the area served by
1. A vicinity sketch or other data the drains, subdrain location, and
adequately indicating the site location; approximate length;
2. The legal description and street address 13. Any additional plans, drawings,
of the property on which the work is to calculations, or title reports the Public
be performed and the name and address Works Director may require because of
of the owner; special characteristics found to exist
3. The estimated cost of the work; upon the grading site;
4. Property lines and dimensions and 14. Contour maps submitted pursuant to
bearings of the property on which the this subsection shall bear the name of
work is to be performed; the person responsible therefor and the
5. Limits of cuts and fills; date they were made;
6. Location of any buildings, structures, 15. For an application for clearing only,
easements, utilities, and drainage any of the above-numbered items may
channels on the property where the be omitted if the Public Works Director
work is to be performed and the finds that the information on the
location of any building or structure on application is sufficient to show that the
land of adjacent property owners which work will conform to the provisions of
are within twenty-five (25) feet of the this chapter;
property boundary; 16. The quantity of acreage of land to be
7. Contours showing the topography of cleared;
the existing ground. Contour intervals 17. A description of the vegetation to be
shall be consistent with the existing cleared;
terrain and shall be accurate to accepted 18. The application shall be signed by the
mapping standards for the map scale. property owner.
Contours shall extend past the 19. The name and address of the contractor
boundary lines of any project where who will be in charge or control of the
unusual topography exists adjacent to a work.
site,i.e.,natural watercourses,etc.;the F. Revised Plans and Specifications.If the soil,
contours shall be extended to include vegetation, or other conditions are not as
the same; stated in the application for a permit, the
8. Elevations, dimensions, location, Public Works Director may require the
extent, and the slopes of all proposed submission of revised plans and
grading shown by contours and other specifications.
means; (Ord. 1986 § 1 (part), 1992)
9. The quantity of excavation and fill
involved and estimated starting and 16.12.070 Permit—Fees.
completion dates; Each application for a clearing or grading
.12-6
•
CHAPTER 16.12 I
Each application for a clearing or grading been determined by the Public Works
permit or appeal of any action or decision of the Director that substantial changes in a
Public Works Director or hearing body shall be previously approved grading or clearing plan
accompanied by a processing fee.The amount of for a tentative map or other discretionary
the processing fee shall be as established by the action has occurred, a rehearing may be
City Council by resolution.(Ord. 1986 § 1 (part), required.Whenever the grading involves less
1992) than five thousand (5,000) cubic yards of
excavation or fill, or involves less than five
16.12.080 Permit — Environmental (5) acres of clearing, and the Public Works
consideration. Director determines that the work may affect
The Public Works Director shall refer each the property, surrounding property, or the
application for a grading permit to the public welfare in a significant way,he may,
Development Services Director. If the at his discretion, require the Development
Development Services Director determines that Services Director to set a date for a hearing
the grading is not categorically exempt from the thereon.
provisions of CEQA,then an initial study shall be B. Hearing. The hearing shall be conducted by
prepared.After preparation of an initial study,the the Board of Administrative Review as set
environmental review process shall be conducted forth in this code. The hearing may be
as required in Chapter 18.64 of this code. The continued from time to time as
Board of Administrative Review shall conduct circumstances may require. Notice of the
any necessary public meetings or hearings unless hearing shall be given in the same manner as
referred to the Planning Commission by the Board for a use permit under Section 18.70.040B of
of Administrative Review. When a permit is this code.
categorically exempt, the Development Services C. Action of the Board or Planning
Director shall report in writing to the Public Commission.After consideration,the Board
Works Director on any aspect of the proposed of Administrative Review may approve,
grading that reflects to or affects the General Plan conditionally approve, or deny the
or any elements thereof,or any zoning regulation application for a grading permit but may,in
of the City. (Ord. 1986 § 1 (part), 1992) lieu thereof, forward the matter to the
Planning Commission for decision.
16.12.090 Permit—Hearing. D. Substantial Compliance. No clearing or
A. Notice of Hearing. The Development grading permit issued under the provisions of
Services Director shall set a date for a this chapter shall be held invalid for failure
hearing to be held in accordance with State to strictly comply with the provisions of this
laws applicable to local legislative bodies section if there has been substantial
and commissions in relation to notice of compliance therewith.
public meetings when the grading or clearing E. City Projects.This section shall not apply to
is to be done on a site which: any department of the City unless an
1. Is intended to be subdivided,or a parcel environmental impact report was required
map or tentative subdivision map has under the provisions of this code.
been approved; or (Ord. 1986 § 1 (part), 1992)
2. Involves five thousand (5,000) cubic
yards or more of excavation or fill; or 16.12.100 Permit—Denial grounds.
3. Involves clearing of five (5) acres or A. Geological or Flood Hazard. If the Public
more; or Works Director determines by inspection or
4. An EIR has been prepared pursuant to by soil or geological reports or other means
the requirements of this chapter. that the land area for which clearing or
Unless a tentative grading or clearing plan grading is proposed is subject to geological
has been approved as part of a discretionary or flood hazard to the extent that corrective
action which required a hearing.When it has work cannot eliminate or sufficiently reduce
.12-7
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CHAPTER 16.12 1
the hazard to persons or property, the B. An appeal of an action or decision of the
grading permit and building permits for Public Works Director or the Board of
habitable structures shall be denied. Administrative Review may be taken by
B. No clearing or grading permit shall be filing a written notice of appeal with the
granted in any case in which: Development Services Department. An
1. The proposed grading will result in appeal of the action or decision of the
removing the lateral and subjacent Planning Commission may be taken by filing
support of the adjacent land, or a written notice of appeal with the City
otherwise endanger or constitute a Clerk. The notice of appeal shall state the
hazard to other real property at a higher name and address of the appellant and the
or lower elevation not necessarily basis of the appeal.Appeals of a decision of
adjacent or contiguous thereto, or to the Public Works Director shall be filed
public sewers, drains, watercourses, within three(3)calendar days of the decision
streets, street improvements or other on the permit application. Appeals of a
public property or result in seepage or decision of the Board of Administrative
slides,except upon condition that such Review or Planning Commission shall be
damage or hazard shall be eliminated filed within ten (10) calendar days of the
by the erection of necessary walls,cribs decision on the permit application.
or other devices approved by the Public (Ord. 1986 § 1 (part), 1992)
Works Director; or
2. The proposed clearing or grading is 16.12.120 Permit — Issuance —
inconsistent with the General Plan or in Conditions—Revocation.
violation of a Zoning Ordinance; or A. Issuance.
3. The proposed clearing or grading will 1. A permit may be approved but shall not
result in a significant adverse be issued until the appeal period set out
environmental impact for which there in Section 16.40.110 has expired.
are no overriding considerations 2. The permit shall be issued by the Public
pursuant to CEQA; or Works Director except when a hearing
4. Will occur within a one hundred(100) on the permit or environmental
year floodplain identified by the determination is required,in which case
Federal Emergency Management the permit shall be issued by the
Agency and a use permit has not been hearing body.
obtained under Section 18.47.110; or 3. The permit shall be issued in the name
5. A hearing is required, unless the of the property owner as permittee,and
hearing body has approved the shall be signed by said permittee in
application after conducting the hearing acknowledgment of the responsibilities
and no appeal is taken. set forth in Subsection B of this section.
(Ord. 1986 § 1 (part), 1992) 4. The issuance of a grading permit shall
constitute an authorization to do only
16.12.110 Permit—Appeal. that work which is described or
A. Any person aggrieved by any action or illustrated on the application or on the
decision of the Public Works Director or the grading plans and specifications
hearing body may appeal that action or approved by the Public Works Director
decision.Appeals of any actions or decisions or the hearing body at the time of
of the Public Works Director or the Board of issuance.
Administrative Review shall be made to the B. Responsibility of Permittee. The permittee
Planning Commission. Appeals of any shall carry out the proposed grading in
actions or decisions of the Planning accordance with the Standard Specifications
Commission shall be made to the City for Public Works Construction(Green Book)
Council. approved grading and erosion-control plans
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CHAPTER 16.12 I
and specifications, the conditions of the sites; and
grading permit and the requirements of this 3. Temporary no-parking restrictions shall
chapter, and all other applicable laws and be imposed as provided along such
regulations.The permittee shall maintain all routes when determined necessary by
required protective devices and temporary the Public Works Director;and
drainage devices during the progress of the 4. Condition of access route (dust
grading work and shall be responsible for control).
observance of hours of work, dust controls, F. Conduct of Grading Operations. No person
and methods of hauling. The permittee shall shall excavate or fill so as to cause rocks,
guarantee maintenance of the site for one(1) soil, sediment, or debris in any form to fall,
year after final inspection of the final plan. slide, or flow onto adjoining properties or
The permittee shall become subject to the public property. Any debris deposited on
penalties set forth in this chapter in the event adjoining properties or public property shall
of failure to comply with this chapter and be removed by the permittee.
other applicable provisions of this code.No G. Conditions. In granting a permit under this
approval shall exonerate the permittee from chapter, the Public Works Director or the
the responsibility of complying with the granting body may attach such conditions as
provisions and intent of this chapter. may be necessary to prevent unnecessary
C. Jurisdiction of Other Departments and environmental damage or to protect the
Agencies. Grading and clearing permits health, safety, and welfare of persons or
issued under the provisions of this chapter property.
shall not relieve the permittee of H. Hours of Work.Grading operations shall not
responsibility for securing required permits begin before seven(7)a.m.or continue later
for work to be accomplished which is than seven(7)p.m.No work will be allowed
regulated by any other provision of this code on Sunday. Exceptions from these
or falls within the jurisdiction of other local, limitations may be granted by the Public
State or Federal agencies. Works Director or the approving body.
D. ract Map Requirements. No grading permit I. Conformance with Zoning Regulations
or clearing permit for slopes in excess of ten Required.No permit shall be issued for any
(10)percent shall be issued on any parcel of clearing or grading or any export or import
acreage larger than five (5) acres, unless a of earth or materials to or from any grading
tentative subdivision map or parcel map has site except in compliance with the zoning
been approved or an affidavit is filed and division of land regulations contained in
declaring the grading/clearing is not for Titles 17 and 18 of this code, the State
subdivision purposes. Subdivision Map Act, and the General Plan
E. Access Routes. The Public Works Director of the City.
or approving body shall approve all access J. Order of Work.
routes and may impose such regulations with 1. All erosion-control facilities shall be
respect to access routes to and from grading fifty (50) percent complete by
sites as he shall determine are required in the September 1st, eighty (80) percent
interest of public safety. Such regulations complete by October 1st, and one
may include but need not be limited to the hundred (100) percent complete and
following: fully operational by October 15th of
1. The size or type of hauling equipment any year. In addition, all facilities
shall be limited in accordance with the should be maintained fully operational
width and conditions of the street; until May 15th of the following year.
2. Traffic-control devices, including The erosion-control devices should be
flagmen, signs, and markers, shall be inspected during and between rainfall
utilized at appropriate places along the events and repaired as necessary.
designated routes of access to such Identified sites experiencing erosion
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CHAPTER 16.12 I
shall be scheduled for corrective company or the City engaged in work
action no later than the next day. ordered by the Public Works Director.
2. Between the period May 15th to M. Consent of Adjacent Property Owner.
October 15th of each year, erosion- Whenever any excavation or fill requires
control measures shall be installed at entry onto adjacent property for any reason,
the construction site at the end of the the applicant shall obtain the written consent
day or prior to weekend shutdown of the adjacent property owner or his
periods if the U.S. Weather Service authorized representative and shall file a
forecasts a thirty(30)percent or greater signed and notarized copy of such consent
chance of precipitation. All materials with the Public Works Director. No permit
necessary to implement the interim plan for such grading work may be issued unless
shall be on site prior to commencement and until all necessary consent documents
of work. are so filed.
K. Completion of Work and Extensions of N. Restrictions During Rainy Season.
Time.The permittee shall fully perform and 1. That period between the 15th day of
complete all the work contemplated to be October and the following 15th day of
accomplished pursuant to the grading permit April is found and determined to be the
within the time limit specified in the permit. period in which heavy rainfall normally
If the permittee is unable to complete the occurs in the City. During this period
work within the specified time,he may,prior no clearing or grading in excess of two
to the expiration of the permit, submit a hundred fifty(250)cubic yards may be
written request for an extension of time commenced on any single site if the
within which to complete the work.The time Public Works Director determines by
specified on the grading permit may be visual inspection that such work will
extended by the Public Works Director for a endanger the public health and safety or
period of not more than forty-five(45)days, is otherwise prohibited by State or
but no such extension shall release any Federal regulations.
surety upon a security required pursuant to 2. Grading and clearing operations shall
Section 16.40.130. If the extension of time be conducted in conformance with the
would carry performance of the work into applicable permit requirements of the
the rainy season as defined in Subsection M State Department of Fish and Game,the
of this section, then the extension of the Regional Water Quality Control Board,
permit shall be subject to the additional and all other State and Federal agencies
provisions of Subsection M of this section, having jurisdiction.
including the requirement for cash deposit O. Compliance.No person shall fail,refuse,or
security, and the permit may be further neglect to comply with the following
conditioned in accordance with Subsection G provisions:
of this section by the Public Works Director. 1. All conditions imposed on permits
L. Entry upon Premises.In the event of default pursuant to the provisions of this
in the performance of any term or condition chapter;
of the grading permit, the surety, or any 2. All of the provisions of this chapter
person employed or engaged on behalf of the with respect to clearing and grading
surety shall have the right to go upon the which were in effect at the time the
premises to complete the required work.No permit was issued.
application for a permit shall be filed unless P. Notice of Hazard or Nonperformance.
such consent is included therein. It is Whenever any construction or work is being
unlawful for the owner or any other person done contrary to the provisions of this
to interfere with the ingress to or egress from chapter or not in accordance with the plans
such premises of any authorized and specifications submitted and approved as
representative or agent of any surety the basis for the issuance of the clearing or
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CHAPTER 16.12 I
grading permit or with any condition may create a hazard to human life or
imposed in connection with such permit, or endanger adjoining property or property
if public or private property is or may be at a higher or lower level, or to any
endangered,the Public Works Director shall street or street improvement or any
issue a reasonable notice to the permittee or other public property,the Public Works
his agent or other responsible employee Director shall, before issuing the
requiring cessation of work upon that portion grading permit,require the applicant to
of the site where noncompliance,hazard,or guarantee faithful performance and
other violation has occurred or exists. The payment of labor and material in an
notice shall state the nature of the condition amount determined by the Public
and shall contain sufficient information to Works Director which shall be not less
apprise the permittee of the nature and extent than one hundred (100) percent of the
of the correction required.No work shall be total estimated cost of the work,
performed on said portion of the site unless including corrective work necessary to
and until the noticed condition is rectified remove or eliminate geological hazards.
and approved upon inspection of the Public 2. Notwithstanding the above, all work
Works Director or unless, as a condition of depicted on the interim and final plans
continuing the work, special precautions and all grading performed during the
agreeable to the Public Works Director are rainy season shall be secured by a
taken by the permittee. Failure of the security. Additional security may be
permittee to take such precautions or rectify required by the Public Works Director
such condition, hazard, nonperformance, sufficient to cover the cost of site
noncompliance,or violation shall be grounds cleanup and debris removal. Where
for revocation of the permit. grading is required on property adjacent
Q. Revocation of Permit.Any permit granted in to the grading site to complete a project
accordance with the terms of this chapter satisfactorily,the owner of the adjacent
may be revoked by the Public Works property need not provide additional
Director if any of the conditions or terms of security if the original guarantee is of
the permit are violated or if any law or sufficient amount to include such
ordinance is violated in connection additional grading. Securities shall
therewith. remain in effect until the work
R. Appeal of Revocation of Permit.Any person authorized by the grading permit is
aggrieved by the decision of the Public completed and any debris deposited on
Works Director may submit a written appeal adjoining properties or public ways has
to the Planning Commission within the time been removed and such has been
and in the manner provided in approved by the Public Works Director.
Section 16.40.110. B. Type of Security. A guarantee of faithful
S. Retention of Permit at Job Site. The performance and payment of labor and
permittee shall keep the grading permit and material,when required under the provisions
plans on the job site at all times work is in of this section, shall be provided by one of
progress. the following methods:
(Ord. 1986 § 1 (part), 1992) 1. Bonds executed by the applicant as
principal and a corporate surety
16.12.130 Security. authorized to do business in the State of
A. Security Requirements. California as surety, and in a form
1. Whenever an application for a grading furnished by the Public Works Director
permit is filed for the excavation or fill and approved by the City Attorney;
of five hundred (500) cubic yards or 2. A cash deposit with the City;or in lieu
more in volume and the nature of the thereof a certificate of deposit from a
work is such that if left incomplete it federally insured lending institution in
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CHAPTER 16.12
the name of the City with interest 1. Securities held against the successful
payable to the permittee; completion of the grading plan and the
3. An instrument or instruments of credit interim plan, except for interim plans
from one or more financial institutions described in Section 16.40.240C, shall
subject to regulation by the State or be released to the permittee at the
Federal government pledging that the termination of the permit provided no
funds necessary to meet the action against such security is filed
performance are on deposit and prior to that date.
guaranteed for payment, and an 2. Securities held against the successful
agreement that the funds designated by completion of the final plan and an
the instruments) shall become trust interim plan described in
funds for the purpose of securing Section 16.40.240C shall be released to
faithful performance and payment of the permittee either one (1) year after
labor and material.The instrument(s)of termination of the permit or when a
credit and the agreement shall first be final plan is submitted for the
approved by the City Attorney. unimproved site, whichever is later,
C. Action Against the Security. The Public provided no action against such
Works Director may,after reasonable notice, security has been filed prior to that
act against the appropriate security if any of date.
the conditions listed in Subdivisions 1 (Ord. 1986 § 1 (part), 1992)
through 4 of this subsection exists. The
Public Works Director may use funds from 16.12.140 Design standards — Cuts, fills,
the appropriate security to finance remedial drainage,and erosion control.
work undertaken by the City or a private Cuts,fills,drainage,and erosion control shall
contractor under contract to the City and to be designed and constructed per the Standard
reimburse the City for all direct costs Specifications for Public Works Construction
incurred in the process of the remedial work. (Green Book), latest edition, and the City of
1. The permittee ceases land-disturbing Redding Construction Standards and, if the
activities and/or filling and abandons grading is proposed to support structures, the
the work site prior to completion of the Uniform Building Code. (Ord. 1986 § 1 (part),
grading plan; 1992)
2. The permittee fails to conform to the
interim plan or final plan as approved 16.12.170 Excavations.
or as modified under Section 16.40.200 Excavations shall not undercut any natural
and/or has had his/her permit revoked slope if the stability of a footing or foundation of
under Section 16.40.120; any building or structure would be adversely
3. The techniques utilized under the affected,unless such footing or foundation is first
interim or final plan fail within one(1) properly underpinned or protected against failure.
year of installation or before a final (Ord. 1986 § 1 (part), 1992)
plan is implemented for the site or
portions of the site,whichever is later; 16.12.190 Inspection and supervision.
4. The Public Works Director determines A. General.All construction or work for which
that action by the City is necessary to a permit is required shall be subject to
prevent excessive erosion from inspection by the City.Certain types of work
occurring on the site. determined by the Public Works Director to
D. Release of Security. Security deposited with be likely to endanger or create a hazard to
the City for faithful performance of the other property shall have either continuous
grading and erosion-control work and to or constant inspection and supervision
finance necessary remedial work shall be during all critical periods by a civil engineer,
released according to the following schedule: soils engineer or engineering geologist as
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CHAPTER 16.12 1
required by the Public Works Director as a engineering services to implement the
condition of issuance of the grading permit. supervisory control of the permittee's
Failure by the permittee to provide required registered civil engineer.
inspections and supervision shall be grounds E. Special Inspections.Where determined from
for revocation of the permit.Prior to closing the grading plans and site investigation that
the clearing or grading permit, a final conditions warrant professional supervisory
inspection shall be made of all construction control, the permittee or his agent shall
or work for which the permit has been employ:
issued. 1. A registered civil engineer or
B. Exposure of Work. Whenever any work on geotechnical engineer to supervise all
which called inspections are required as grading;
specified in this section is covered or 2. An engineering geologist to provide
concealed by additional work without having geological inspections. These
first been inspected, such work shall be inspections shall include, but not be
exposed at the permittee's sole expense for limited to, the adequacy of natural
examination. ground for receiving fills and the
C. Notice. The permittee or his agent shall stability of cut slopes with respect to
notify the Public Works Director twenty-four geological matters and placement of
(24) hours in advance of the time when the subdrains or other groundwater
grading operation is ready for each of the drainage devices. He shall report his
following inspections: findings to the soils engineer and the
1. Preconstruction Inspection. When the civil engineer and they shall be
permittee is ready to begin work but submitted to the Public Works Director.
before any grading or brushing is F. Inspections Required. The employment of
started; specialists to supervise the grading operation
2. Clearing and Grubbing Inspection. shall not be deemed to render unnecessary
After the natural ground is exposed and inspections described in this section.
prepared to receive fill but prior to the (Ord. 1986 § 1 (part), 1992)
placement of any fill;
3. Final Inspection. When all work, 16.12.200 Modifications.
including installation of all drainage A. The permittee and his agents shall not
structures, other protective devices, deviate from the grading plans and
planting, and slope stabilization, has specifications without the written approval
been completed and the as-graded plan of the official or body which granted final
and required reports have been approval to the original permit.
submitted; B. The Public Works Director may require
4. Other Inspection. In addition to the permittee to modify the grading plan,interim
called inspections above, the Public or final plans,and maintenance methods and
Works Director may make periodic schedules. The Public Works Director shall
inspections of the grading operations to notify the permittee in writing of the
ascertain compliance with the requirement and specify a reasonable period
provisions of this chapter. of time within which permittee must comply.
D. Responsibility of Permittee. The permittee (Ord. 1986 § 1 (part), 1992)
shall provide sufficient professional
supervisory control during the grading 16.12.210 Inspecting officials.
operation to insure compliance with the A. Notification of Noncompliance. If, in the
approved plans and specifications and the course of fulfilling their responsibilities,the
provisions of this code. When required by civil engineer, the soils engineer, the
the Public Works Director, the permittee engineering geologist,or the testing agency
shall avail himself of geological and soils finds that the work is not being done in
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' CHAPTER 16.12
conformance with this chapter or the such notice, oral or written, it shall be unlawful
approved grading plans, the for the permittee or any person to proceed with
discrepancies shall be reported such work contrary to said order. As soon as
immediately in writing to the person in possible the Public Works Director shall make a
charge of the grading work and to the report outlining the conditions observed and the
Public Works Director. pertinent soil, geological and engineering
Recommendations for corrective information and shall mail or deliver a copy
measures, if necessary, shall be thereof to the permittee, but such order shall not
submitted. be contingent upon the preparation or delivery of
B. On Termination of Services. The civil a report in those cases where hazard requires
engineer supervising the grading work shall prompt action. (Ord. 1986 § 1 (part), 1992)
immediately notify the Public Works
Director in writing upon the termination of 16.12.230 Completion of work.
his services and he shall not be held A. Letter of Completion. When it is found that
responsible for work taking place after that the work authorized by the grading permit,
time.All work shall immediately stop upon including the installation of all drainage
the termination of the services of the civil structures, planting, and recommendations
engineer, soils engineer, or engineering by the soils engineer and engineering
geologist whose name appears on the grading geologist and removal of debris deposited on
permit as having been approved to supervise adjoining properties or public ways has been
the grading work,and it shall not commence satisfactorily completed in accordance with
again until the new approved civil engineer, the requirements of this chapter, a letter of
soils engineer or engineering geologist completion covering such work shall be sent
certifies in writing to the Public Works to the permittee by the Public Works
Director that he has reviewed all phases of Director. A copy shall be sent to the
the project and is thoroughly familiar with it. Building Official.
Upon receipt of this notice,the Public Works B. Final Reports.Upon completion of the work,
Director shall immediately give written the following reports and information,unless
notice that work may proceed. otherwise specifically waived by the Public
C. Transfer of Responsibility. If the civil Works Director, shall be required:
engineer,the soils engineer,the engineering 1. An as-graded grading plan prepared by
geologist or the testing agency of record is the civil engineer, including original
changed during the course of the work, the ground surface elevations, as-graded
work shall be stopped until the replacement ground surface elevations,lot drainage
has agreed to accept the responsibility within patterns and locations and elevations of
the area of his or its technical competence all surface and subsurface drainage
for submitting a written declaration upon facilities. He shall provide a written
completion of the work. declaration that the work was done in
(Ord. 1986 § 1 (part), 1992) accordance with the final approved
grading plan and this chapter;
16.12.220 Safety. 2. A soil grading report prepared by the
If at any stage of work on an excavation or soils engineer, including locations and
fill the Public Works Director determines that the elevations of field density tests,
work is or is likely to become dangerous or is summaries of field and laboratory tests
likely to endanger any property,public or private, and other substantiating data and
it shall be his duty to require safety precautions to comments on any changes made during
be immediately taken as a condition to continuing grading and their effect on the
such permit work or to require cessation thereof recommendations made in the soil
forthwith unless and until it is made safe and to engineering investigation report.It shall
amend the plans for such work. After receiving also provide information as to location
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CHAPTER 16.12 I
and nature of tests, statement permanent improvements on the site or plans
related to the expansive nature of to leave portions of the site graded but
soil and rock material, limits of unimproved,applicant must:
compacted fill shown on the 1. Meet all the requirements of this
as-graded plan, and adequacy of chapter, except that an interim plan
the site for the intended use; designed to control runoff and erosion
3. A geologic grading report prepared by on the site for the period of time during
the engineering geologist, if an which the site, or portions thereof,
engineering geological report was remain unimproved must be submitted
required by the Public Works Director in lieu of a final plan;and
in accordance with Section 2. Submit executed contract(s)as defined
16.40.060A4, including a final in Subsection B of this section after
description of the geology of the site, completion of grading.
including any new information (Ord. 1986 § 1 (part), 1992)
disclosed during the grading and the
effect of same on recommendations 16.12.250 Hauling.
incorporated in the approved grading A. Routes. In cases where the Public Works
plan. He shall provide a written Director designates the haul routes, such
declaration as to the adequacy of the designation of routes shall take into
site for the intended use as affected by consideration the most practical means of
geologic factors. Where necessary, a transporting the earth materials to and from
revised geologic map and cross sections the grading site consistent with the safety
and any recommendations regarding and welfare of residents along the routes.
special building restrictions or B. Maintenance of Roadways. All public
foundation setbacks shall be included. roadways used by the permittee shall be
(Ord. 1986 § 1 (part), 1992) maintained free from all dust,dirt,and debris
caused by the grading operations.The Public
16.12.240 Protective device maintenance. Works Director may require a cash deposit
A. The owner of any property on which grading from the permittee to cover any costs of
or an excavation or fill has been made roadway maintenance incurred by the City
pursuant to a grading permit granted under which are directly attributable to the
this chapter and any other person or agent in permittee's grading operation.The amount of
control of such property shall maintain in the cash deposit shall be determined by the
good condition and repair all retaining walls, Public Works Director. The cash deposit or
cribbing, drainage structures, and other any unused portion thereof shall be refunded
protective devices,including planting,shown to the permittee after the grading permit has
in the approved plans and specifications been closed.
submitted with the application for a grading C. Spillage.All vehicle loads shall be trimmed
permit or subsequently required by the and watered or otherwise secured so as to
Public Works Director. prevent spillage from the equipment.
B. Upon completion of final grading and D. Equipment. In no event shall any export or
permanent improvements, where such import of earth materials to and from a
permanent improvements are planned at the grading site over dedicated and improved
time grading is performed, permittee shall streets in the area be undertaken or
submit executed contract(s)with a qualified conducted except by use of equipment which
contractor for maintenance and upkeep of complies in all respects with the State
final plan runoff and erosion-control Vehicle Code.
measures for a one-(1)year period. (Ord. 1986 § 1 (part), 1992)
C. No Improvements Planned. Where an
applicant does not plan to construct 16.12.260 Grading violations.
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`CHAPTER 16.12 1
The following are hereby expressly declared takes place on the property, the property
to be unlawful: owner shall alleviate the nuisance thereby
A. Any failure to comply with the provisions of created and (1) restore the land to its
this chapter by any person; preexisting condition to the greatest extent
B. Any clearing, grading, excavation, or fill practicable or(2)take such remedial action
which is done without first having obtained as may be required by the Public Works
a permit therefor in accordance with the Director, the Planning Commission (after
provisions of this chapter; abatement hearing), or City Council (after
C. Any failure by the permittee, or his agents, appeal)to remove and abate the nuisance.
or anyone acting for the permittee,to comply D. Relief from Nuisance Abatement
with the terms,conditions,specifications,or Enforcement.The property owner may apply
limitations contained in a duly issued for relief by making a written request to the
grading permit; Public Works Director in conjunction with
D. After work has been started by the permittee an application for a clearing or grading
under a duly issued grading permit, any permit. If a permit is issued, enforcement
failure by the permittee to complete the work remedies to abate the nuisance under
authorized by the permit; Section 16.40.280B shall be stayed pending
E. Any quantity of clearing, grading, fill, or performance under the permit,provided that
excavation upon the property of another (1)the nuisance has not yet been abated by
without the property owner's permission; the Public Works Director and (2) any
F. Continuation of a violation described in permit issued after an appeal before the
Subsections A,B,C,D,or E of this section, Planning Commission,or City Council shall
beyond the end of one day, shall be conform to the order of such body without
considered a separate violation for each day requirement of a further public hearing on
or portion of the last day on which it is the permit, and(3) only one permit may be
continued. issued pursuant to this section. Relief from
G. In addition to civil penalties provided for nuisance abatement enforcement remedies
under this chapter, violations of the shall not stay enforcement or relieve liability
provisions of this chapter are punishable as for fines under Section 16.40.280A.
misdemeanors. (Ord. 1986 § 1 (part), 1992)
(Ord. 1986 § 1 (part), 1992)
16.12.280 Penalties and remedies.
16.12.270 Nuisance. The following penalties and remedies are
A. Declaration.The condition of the land which accumulative and not exclusive of any other
results from any unlawful clearing,grading, penalties or remedies allowed by law.
excavation,or fill is expressly declared to be A. Fines.
a public nuisance. (Government code 1. Any persons who are found to have
Section 38771). violated the provisions of this chapter
B. Notice.Whenever the Public Works Director with respect to grading, excavation, or
is advised that a nuisance exists pursuant to fill may be held jointly and severally
this section,he shall immediately notify the liable for payment of a fine in
property owner and issue a stop-work order accordance with the amount of material
and/or an order providing for abatement of or fill which was unlawfully graded,
the nuisance and/or may refer the nuisance to excavated,or filled. The amount of the
the Planning Commission. fine shall be two hundred fifty (250)
C. Responsibility. The property owner shall be dollars for the first fifty (50) cubic
responsible for the control of conduct on the yards or any fraction thereof, and two
property so as to prevent any unlawful hundred fifty (250) dollars for each
clearing, grading, excavation, or fill. If any additional fifty (50) cubic yards or
unlawful clearing,grading,excavation,or fill fraction thereof,provided that the total
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• CHAPTER 16.12 I
fine imposed for a single violation Planning Commission, an aggrieved
shall not exceed five thousand property owner may appeal the decision
• (5,000)dollars. by filing a written request with the City
2. Any persons who are found to have Clerk detailing the objections to the
violated the provisions of this chapter finding and order, together with a
with respect to clearing may be held nonrefundable fee of two hundred(200)
jointly and severally liable for payment dollars for processing the appeal. On
of a fine in accordance with the amount appeal,the City Council shall receive a
of acreage of land which was report from the Planning Commission
unlawfully cleared. The amount of the setting forth the basis for the finding
penalty shall be two hundred fifty(250) and order, together with such relevant
dollars for the first one-half('/2) of an evidence as may be allowed on the
acre or portion thereof, and two issues raised by the appeal. Following
hundred fifty (250) dollars for each hearing on the appeal,the City Council
additional one-half('/2) acre or portion may uphold or reverse the decision of
thereof, provided that the total fine the Planning Commission, or modify
imposed for a single violation shall not the remedial action necessary to abate
exceed five thousand(5,000)dollars. the nuisance;and the City Council shall
3. Any persons who are found to have authorize the Mayor to immediately
violated the conditions of a duly issued issue an order in accordance therewith.
permit for grading, excavation, fill, or The order of the City Council shall be
clearing,such that the magnitude of the final.
violation cannot be measured by the 3. Resolution Ordering Abatement —
quantities of material moved or land Service.If the Planning Commission or
cleared, may be held jointly and City Council orders abatement of the
severally liable for payment of a fine of nuisance, a copy of the order directing
five thousand(5,000)dollars. the Public Works Director to abate the
B. Denial of Other Permits.No building permit, nuisance after thirty(30)days shall be
water, sewer, electrical permit,or any other served upon the owner of the property
permit shall be issued by the City to any in accordance with the provisions of
person for any premises or portion thereof this subdivision. Any property owner
which is in violation of this chapter and shall have the right to comply with the
which violation is not corrected or approved order by(1)restoring the property to its
for correction by the Public Works Director. preexisting condition to the greatest
C. Nuisance—Abatement/Enforcement. extent practicable, or (2) taking such
1. Appeal to the Planning Commission. remedial action specified in the order to
Within ten (10) days following a remove or abate the nuisance, at his
finding of a nuisance and issuance of an own expense, provided it is done in
order by the Public Works Director conformance with Section 16.40.270C
pursuant to Section 16.40.270C and D, prior to the expiration of the thirty
an aggrieved property owner may (30)days.
appeal the decision by filing a written 4. Abatement Costs — Accounting. The
request to the clerk of the Planning Public Works Director shall keep an
Commission. Said appeal does not account of the costs, including
release the property owner of incidental expenses, of abating the
complying with any stop-work order or nuisance on each separate lot or parcel
order of abatement. of land where the work has been done,
2. Appeal to City Council.Within ten(10) and shall render an itemized report in
days following a finding of a nuisance writing to the City Council showing the
and issuance of an order by the cost of the work on each separate lot or
.12-17
• ,
CHAPTER 16.12 I
parcel of land; provided that City Council, shall constitute special
before the report is submitted to assessments against the respective lots
the City Council, a copy of the or parcels of land,and as thus made and
report and notice shall be served confirmed shall constitute a lien on the
upon the owner of the property in property for the amount of the
accordance with the provisions of assessments, respectively. After the
Subsection C3 of this section at confirmation of the report,a copy shall
least five (5) days prior to be turned over to the County Tax
submitting the report to the City Assessor and tax collector, acting for
Council. Proof of service shall be City,whereupon it shall be the duty of
made by affidavit or declaration the assessor and tax collector to add the
and filed with the City Clerk. The amounts of the respective assessments
term "incidental expenses" shall to the next regular bills of taxes levied
include, but not be limited to,the against the respective lots and parcels
expenses and costs of the City in of land for municipal purposes, and
the preparation of notices,service thereafter the amounts shall be
of notices, specifications and collected at the same time and in the
contracts, inspecting the work, same manner as ordinary municipal
and the costs of printing and taxes are collected,and shall be subject
mailing required by this chapter. to the same penalties and the same
5. Abatement Costs — Final procedure under foreclosure and sale in
Determination. At the date and time case of delinquency as provided for
fixed for receiving and considering the ordinary municipal taxes.
report referred to in Subsection C7 of 7. Emergency Abatement.When it comes
this section,the City Council shall hear to the attention of the Public Works
and pass upon the report of the Public Director that a nuisance exists which is
Works Director, together with any determined to be of imminent danger of
objections or protests which may be causing rocks,soil,sediment,or debris
raised by any persons potentially liable in any form to fall, slide, or flow onto
or property owners liable to be assessed adjoining properties, watercourses,
for the work of abating the nuisance public property, or floodplain (as
and any other interested persons. defined in Chapter 18.47), the
Thereupon,the City Council may make department may immediately perform
such revision, correction, or corrective work,either with City crews
modification in the report as it may or by contract, notwithstanding the
deem just,after which by resolution the other provisions of this subsection.
report, as submitted or as revised, 8. Right of Entry. Whenever necessary to
corrected or modified, shall be enforce the provisions of the chapter,
confirmed, provided that a hearing or the Public Works Director may enter
consideration may be continued from the premises at all reasonable times in
time to time. The decision of the City the manner provided by law to perform
Council on all protests and objections any duty imposed by this chapter. If
which may be made shall be final and such entry is refused,the Public Works
conclusive. Director shall have recourse to every
6. Abatement Costs —Assessment. The remedy provided by law to secure
amount of the cost for abating the entry.
nuisance upon the various lots or (Ord. 1986 § 1 (part), 1992)■
parcels of land, as confirmed by the
.12-18
0.16.13
Chapter 16.13 at the existing time of the permit application to
establish such grades, the permit applicant shall
CURB,GUTTER AND SIDEWALK sign and acknowledge an agreement for
REQUIREMENTS completion of improvements substantially in form
as set forth in this section,obligating himself,his
Sections: heirs, successors, or assigns to construct the
16.13.010 Curb , gutter , and required curb,gutter,and sidewalk improvements
sidewalk—Installation within ninety(90)days of demand for same by the
requirements. Public Works Department after such grades have
16.13.020 Requirements where grades not been established.
available.
16.13.030 Street completion. "PUBLIC WORKS DEFERRED
16.13.040 Curb, gutter, and sidewalk not IMPROVEMENT AGREEMENT
required. "This Agreement, made and entered into by
16.13.050 Negative declaration. and between the City of Redding, State of
California, a municipal corporation and general
16.13.010 Curb, gutter and law city,hereinafter referred to as City, and
sidewalk—Installation hereinafter referred to as Owner,
requirements. witness:
Any person or persons constructing a new "Whereas, the Owner, by (building permit,
building, or remodeling an existing building by encroachment permit, use permit, variance, lot
fifty percent (50%) or more by cost, or split), No , is by the terms thereof
intensifying the use of an existing building, or required to construct, at his sole cost, curb and
expanding the existing floor area of an existing gutter,sidewalk,necessary drainage facilities,and
building by twenty percent(20%)or more shall,at the grading,placing of aggregate base and asphalt
the time of such construction, addition, or concrete on the road frontage of the real property
conversion, construct curb, gutter, and sidewalk as described below:
along all adjacent public-street frontages at (property description here)
locations, grades, and widths established by the "Whereas, because of the absence of
Public Works Department. If the development construction grades or lack of road development
utilizes only a portion of a larger tract of land that in the immediate vicinity of the above described
has not been previously subdivided according to real property, it is the opinion of the Director of
the Subdivision Ordinance, the developer need Public Works of City that it is necessary to defer
only construct the required street improvements said construction to a later date:
adjacent to the area to be developed.A certificate "It is mutually stipulated and agreed:
of occupancy shall not be issued nor final utility "1. That said construction may be deferred
connections made for any building or buildings until such time as City notifies Owner,in
for which the required improvements have not writing,to proceed therewith;
been made or for which money has not been "2. That upon receipt of said notice, Owner
deposited with the City in a sum equal to the shall, within ninety (90) days, complete
estimated cost of the construction of the the construction of curb and gutter,
improvements as determined by the Public Works sidewalk, necessary drainage facilities,
Department. (Ord. 1382 § 1 (part), 1978) and street section;
"3. That in the event of default by Owner,
16.13.020 Requirements where grades not City is hereby authorized by Owner to
available. cause said construction to be done and
If grades are not established for one or more of charge the entire cost to Owner;
the streets surrounding the proposed construction "4. That,furthermore,in the event of default
requiring a building permit and it is the opinion of by Owner and construction by City, the
the Public Works Department that it is impractical cost of said construction shall constitute
.13-1
•
CHAPTER 16,13
a lien against said real property. If such 16.13.030 Street completion.
cost is not then paid by Owner within It shall be the responsibility of the person or
thirty(30)days after billing from City, a persons constructing the curb and gutter to furnish
notice of lien will be filed with the Shasta and place any required base and paving between
County Auditor,who will be directed to: the edge of the existing paved section and the
(a) Add any cost of less than$50.00 to edge of the new gutter. (Ord. 1382 § 1 (part),
the next regular tax bill, or 1978)
(b) Collect costs of$50.00 or more in
five annual installments, and 16.13.040 Curb, gutter and sidewalk not
payments of costs so deferred shall required.
bear interest on the unpaid balance The requirement for the construction of curb,
at the rate of six percent (6%) per gutter, or sidewalk shall not be applicable to a
annum. lawful single-family residential parcel greater than
"5. That the Owner further agrees that this twenty thousand (20,000) square feet if, at the
Agreement shall be acknowledged and time of the approval of the residential parcel,the
recorded in the office of the County requirement for installation of curb, gutter, or
Recorder of Shasta County, and that he sidewalk was waived by the City Planning
executes this Agreement for himself, his Commission at the time of approval of the
heirs,his successors in interest in and to tentative subdivision map. On lots less than
said land, and assigns, it being the intent twenty thousand (20,000) square feet, the
of the parties to this Agreement that this requirement for sidewalks shall be imposed unless
obligation shall be a burden to run with otherwise waived by the Planning Commission at
the land. the time of approval of the tentative subdivision
"In Witness Whereof, the parties have hereto map. (Ord. 1382 § 1 (part), 1978)
set their hands and seals this day of
,—. 16.13.050 Negative declaration.
Signatures" (Ord. 1382 § 1 (part), 1978) The City Council has reviewed the negative
declaration prepared in connection with this
chapter and has determined that no significant
effect on the environment is created by the
provisions of this chapter. (Ord. 1382 § 1 (part),
1978)■
.13-2
S
Ca u'rEx16.14
Chapter 16.14 16.14.050 Responsibility for security.
The owner or his designated agent shall be
BUILDING SECURITY responsible for compliance with the specifications
set forth in this chapter. (Ord. 2055 § 1 (part),
Sections: 1993)
16.14.010 Purpose.
16.14.020 Scope. 16.14.060 Exceptions.
16.14.030 Enforcement. No provision of this chapter shall supersede or
16.14.040 Alternate materials. overrule any local, State, or Federal laws,
16.14.050 Responsibility for security. regulations, or codes dealing with life-safety
16.14.060 Exceptions. factors. (Ord. 2055 § 1 (part), 1993)
16.14.070 Definitions.
16.14.080 Minimum standards for 16.14.070 Definitions.
nonresidential buildings. Whenever in this chapter the words or phrases
16.14.090 Minimum standards for hotel, defined in this section are used, they shall have
motel, and multiple-family the respective meanings assigned to them in the
dwellings. following definitions:
16.14.100 Minimum standards for duplex A. "Cylinder guard" means a hardened
and single-family dwellings. free-turning steel ring surrounding the
exposed portion of the lock cylinder and so
16.14.010 Purpose. fastened as to protect the cylinder from
The purpose of this chapter is to provide wrenching, prying, cutting, or pulling by
minimum standards of construction for resistance attack tools.
to unlawful entry. (Ord. 2055 § 1 (part), 1993) B. "Deadlocking latch" means a self-operating
metal bolt for holding a door closed,with the
16.14.020 Scope. added feature of a metal plunger which does
The provisions of this chapter shall be not permit movement of the bolt when the
applicable to all new buildings for which building door is closed.
permit applications are filed subsequent to the C. "Double-cylinder deadbolt" means a bolt
effective date of the ordinance codified in this similar to the single-cylinder deadbolt, but
chapter;and,further,these provisions shall apply actuated by a pin tumbler cylinder key from
to all buildings for which additions, alterations, either side of the door.
and repairs exceed seventy-five percent(75%)of D. "Duplex" means a building designed for or
the value as listed in the County Assessor's tax used for residential purposes exclusively by
roles of the existing building or structure. (Ord. two families or housekeeping units.
2055 § 1 (part), 1993) E. "Hotel or motel" means any building or
structure containing six (6) or more guest
16.14.030 Enforcement. rooms intended or designed to be used,
The enforcement officer shall be the Building rented, or hired out and to be occupied or
Official. (Ord. 2055 § 1 (part), 1993) which are occupied for sleeping purposes by
guests.
16.14.040 Alternate materials. F. "Latch set" means a device that includes a
The provisions of this chapter are not intended latch bolt, which is a beveled, spring,
to prevent the use of any material not specifically actuated bolt,which may or may not have a
prescribed herein,provided that any such alternate deadlocking device.
material has been approved by the Building G. "Multiple-family dwelling"means a building
Official. (Ord. 2055 § 1 (part), 1993) or portion thereof designed or used
exclusively for residential purposes by three
or more families or housekeeping units,
.14-1
•
CHAPTER 16.14
including a condominium unit as defined in shall be installed in conjunction with
Section 1350 of the Civil Code. the latch set on exterior doors.Both the
H. "Panic hardware"means a latching device on deadbolt and the latch must retract with
a door assembly for use when emergency a single-hand motion.
egress is required due to fire or other threats B. Swinging exterior glass doors,wood or metal
to life-safety, designed so that it will doors with glass panels, and solid wood or
facilitate the safe egress of people in case of metal doors shall be constructed or protected
an emergency when pressure not to exceed as follows:
fifteen(15)pounds is applied to the releasing 1. Wood doors shall be of solid core
device in the direction of the exit travel construction with a minimum thickness
traffic. Such releasing devices are bars or of one and three-fourths (13/4) inches.
panels extending not less than two-thirds Wood-panel doors with panels less than
(2/3) of the width of the door and placed at one (1) inch thick shall be covered on
heights suitable for the service required,not the inside with a minimum of sixteen
less than thirty(30)inches and not more than (16) U.S. gauge sheet steel, or its
forty(40)inches above the floor. equivalent,which is to be attached with
I. "Single-cylinder deadbolt" means a bolt screws on minimum six- (6) inch
which has no automatic spring action, is centers. Hollow steel doors shall be of
operated by a pin tumbler cylinder key from a minimum of sixteen(16)U.S. gauge
the outside and a thumb turn on the inside, sheet steel and have sufficient
and is positively held fast when in the reinforcement to maintain the designed
projected position. The bolt must project a thickness of the door when any locking
minimum of one(1)inch from the door edge device is installed, such reinforcement
and be constructed of hardened steel or being able to restrict collapsing of the
contain a hardened steel insert. Deadbolts door around any locking device;
must be equipped with a cylinder guard on 2. Except when double-cylinder deadbolts
the exterior side when the cylinder is are utilized,any glazing utilized within
exposed. forty (40) inches of any door-locking
J. "Single-family dwelling" means a unit mechanism shall be constructed or
designed for or used exclusively for protected as follows:
residential purposes by one (1) family or a. Fully tempered glass or rated
housekeeping entity, but does not include a burglary resistent glazing,or
condominium unit as defined in b. lion or steel grills of at least
Section 1350 of the Civil Code. one-eighth(C/8)inch material with
K. "Transom" means a small window or a minimum two- (2) inch mesh
shutter-like panel directly over a door or secured on the inside of the
window, usually hinged to the cross piece glazing may be utilized,or
directly above the door or window. c. The glazing shall be covered with
(Ord. 2055 § 1 (part), 1993) iron bars of at least one-half('/z)
inch round or one (1) inch by
16.14.080 Minimum standards for one-fourth ('/4) inch flat steel
nonresidential buildings. material, spaced not more than
A. Doors.All exterior doors shall be secured as five (5) inches apart, and secured
follows: on the inside of the glazing,
1. Locking devices for all exterior doors d. Items(b)and(c)of this subsection
shall conform to the requirements of the shall not interfere with the
Uniform Building Code and Titles 19 operation of opening windows if
and 24 of the California Code of such windows are required to be
Regulations. When allowed by said openable by the Uniform Building
codes, single-cylinder deadbolt locks Code.
.14-2
• •
CATER 16.14 I
C. All swinging exterior wood and steel doors swinging doors shall be so
shall be equipped as follows: constructed or protected as to
1. A single or double door shall be withstand sixteen hundred(1,600)
equipped with a double- or pounds of pressure in both a
single-cylinder deadbolt.The bolt shall vertical distance of three (3)
have a minimum projection of one (1) inches and a horizontal distance of
inch and be constructed so as to repel a one(1)inch each side of the strike
cutting-tool attack. The deadbolt shall so as to prevent violation of the
have an embedment of at least strike,
three-fourths (%) inch into the strike b. A single door or double doors
receiving the projected bolt. The shall be equipped with a single-or
cylinder shall have a cylinder guard and double-cylinder deadbolt with a
a minimum of five (5) pin tumblers. bolt projection exceeding one (1)
The provisions of the preceding inch, or a hook-shaped or
paragraph do not apply where(a)panic expanding dog bolt that engages
hardware is required or (b) an the strike sufficiently to prevent
equivalent device is approved by the spreading.The deadbolt lock shall
enforcing authority; have a minimum of five (5) pin
2. Double doors shall be equipped as tumblers and a cylinder guard;
follows: 4. Horizontal sliding doors shall be
a. The inactive leaf of double doors equipped with a metal guide track at the
shall be equipped with automatic top and bottom and a cylinder lock
metal flush bolts having a and/or padlock with a hardened steel
minimum embedment of shackle which locks at both heel and
five-eighths (5/s) inch into the toe and a minimum five(5)pin tumbler
head and threshold of the door operation with nonremovable key when
frame, in an unlocked position. The bottom
b. Double doors, other than glass track shall be so designed that the door
storefront doors, shall have an cannot be lifted from the track when the
astragal constructed of steel a door is in a locked position;
minimum of.125-inch thick which 5. In office buildings (multiple
will cover the opening between occupancy), all entrance doors to
the doors. The astragal shall be a individual office suites shall meet the
minimum of two(2) inches wide construction and locking requirements
and extend a minimum of one (1) for exterior doors;
inch beyond the edge of the door 6. Rolling overhead doors, solid overhead
to which it is attached. The swinging doors,and sliding or sectional
astragal shall be attached to the overhead garage-type doors shall be
outside of the active door by secured with a cylinder lock and/or
means of welding or with padlock and slide-bolt assembly when
nonremovable bolts spaced apart not otherwise controlled or locked by
on not more than ten- (10) inch electric power operation. If a padlock
centers. The doors, closers, and slide-bolt assembly is utilized,the
thresholds, astragals, and assembly shall have a bar or bolt which
hardware must be listed fire extends into the receiving guide a
assemblies when required by the minimum of one (1)inch;
Building or Fire Codes; 7. Metal accordion grate or grill-type
3. Aluminum-frame swinging doors shall doors shall be equipped with a metal
be equipped as follows: guide track at the top and bottom and a
a. The jamb on all aluminum-frame cylinder lock and/or padlock and/or
.14-3
• •
CEA1 'ER 16.14
slide-bolt assembly. The bottom track approval may be required here),or
shall be so designed that the door b. The following window barriers
cannot be lifted from the track when the may be used, but shall be secured
door is in a locked position. If a with nonremovable bolts:
padlock and slide-bolt assembly is i. Inside or outside iron bars of
utilized, the assembly shall have a bar at least one-half ('/2) inch
or bolt which extends into the receiving round or one (1) inch by
guide a minimum of one inch; one-fourth('/a)inch flat steel
8. Outside hinges on all exterior doors material, spaced not more
shall be equipped with nonremovable than five(5)inches apart and
pins; securely fastened,
9. Wood jambs on exterior and/or ii. Inside or outside iron or steel
entrance doors shall be rabbeted; grills of at least one-eighth
10. Doors swinging out shall be ('/e) inch material with not
constructed or protected by exterior more than a two (2) inch
metal latch guards to prevent access to mesh and securely fastened,
the latch; iii. If a side or rear window is of
11. All exterior doors, during the hours of the type that can be opened,
darkness, shall be illuminated with a it shall,where applicable,be
minimum of one(1)footcandle of light. secured on the inside with
All exterior bulbs shall be protected by either a slide bar, bolt,
weather- and vandalism-resistant crossbar, drop bar, auxiliary
cover(s). locking device, and/or
D. Window Protection. All accessible windows padlock with hardened steel
shall be equipped or constructed as follows: shackle,a minimum four pin
1. Openable windows shall be equipped tumbler operation,
with a primary locking device; iv. If protective bars or grills are
2. Windows of the openable type shall be used,they shall not interfere
securable on the inside with an with the operation of opening
auxiliary-locking device such as a slide windows if such windows
bar, bolt, crossbar, drop bar, or any are required to be operable
other locking device equal in strength, by the adopted codes.
to resist illegal entry; E. Transoms.
3. Louvered windows shall not be used; 1. Exterior transoms shall not be used;
4. Outside hinges on windows of the 2. Interior transoms shall be no wider than
openable type shall be equipped with the associated door and shall not
nonremovable pins. If the hinge exceed eight(8)inches in height.
attachment screws are accessible from F. Roof Openings.
the exterior, the screws shall be of the 1. Skylights and translucent roof panels
nonreusable type; installed on the roof of any building
5. Windows shall be deemed accessible if that are not of double-wall construction
less than twelve(12)feet above ground. shall be protected by one of the
Accessible windows having a pane following:
exceeding ninety-six(96)square inches a. lion bars of at least one-half('/z)
with the smallest dimension exceeding inch round or one (1) inch by
six (6) inches and not visible from a one-fourth (1/4) inch flat steel
public or private thoroughfare shall be material spaced no more than five
protected in the following manner: (5)inches apart under the skylight
a. Fully tempered glass or burglary and securely fastened,or
resistant glazing (fire department b. A steel grill of at least one-eighth
.14-4
s
CHAPTER 16.14 l
(1/8) inch material with a bolts.
maximum of two- (2) inch mesh G. Ladder Protection.
under the skylight and securely 1. Permanently affixed exterior ladders
fastened; leading to roofs shall be fully enclosed
2. Screws,bolts,or other fasteners used to with sheet metal to a height of ten(10)
install skylights or translucent roof feet measured from the ground. This
panels to the roof of any building shall covering shall be locked against the
be nonremovable from the exterior. ladder with a case-hardened hasp,
3. All hatchway openings on the roof of secured with nonremovable screws or
any building shall be secured as bolts. Hinges on the cover will be
follows: provided with nonremovable pins when
a. The hatchway shall be secured using pin-type hinges. If a padlock is
from the inside with a slide bar, used, it shall have a hardened-steel
slide bolts,crossbar,or padlock, shackle, locking at both heel and toe.
b. If the hatchway is of wooden 2. Ladders which extend more than
material,it shall be covered on the twenty(20)feet must be provided with
inside with at least sixteen intermediate landing platforms. These
(16) gauge sheet steel or its platforms shall measure a minimum of
equivalent attached with screws. twenty(20)inches by thirty(30)inches
The required sheet steel may be and shall comply with the requirements
applied to the outside of the of Title 8, California Code of
hatchway cover. The sheet steel Regulations.
shall be affixed to the hatchway H. Addressing.
such that the attachment screws 1. The address number of every building
are not accessible from the shall be illuminated during the hours of
exterior, darkness so that it shall be easily
c. Outside hinges on all hatchway visible from the street.The numerals in
openings shall be equipped with these numbers shall be no less than four
nonremovable pins when using (4) inches in height and be of a color
pin-type hinges; contrasting to the background. In
4. Except for grease hood ducts, all addition, any business which affords
air-duct or air-vent openings exceeding vehicular access to the rear through any
ninety-six (96) square inches on the driveway,alleyway,or parking lot shall
roof or exterior walls of any building also display the same illuminated
shall be secured by one of the following numbers on the rear of the building.
barriers: I. Parking Lighting.
a. Iron bars of at least one-half 1. Open parking lots and access thereto,
(1/2) inch round or one (1) inch by providing parking spaces for use by the
one-fourth (1/4) inch flat steel general public,shall be provided with a
material spaced no more than five maintained minimum of one (1)
(5) inches apart and securely footcandle of light on the parking
fastened, or surface from dusk until the termination
b. A steel grill of at least one-eighth of business every operating day.
CA) inch material with a (Ord. 2055 § 1 (part), 1993)
maximum of two-inch (2) mesh
and securely fastened. 16.14.090 Minimum standards for hotel,
motel, and multiple-family
If the barrier is accessible to the dwellings.
exterior, it shall be secured with A. Doors.
galvanized rounded-head carriage 1. Entrance doors to individual motel,
.14-5
• •
CHA,Pt'ER'16.14__I
hotel, and multiple-family dwelling constructed as follows:
units shall be equipped or constructed a. Deadlocks constructed of material
as follows: other than die cast shall be
a. All wood exterior doors shall be provided on all single-sliding
of solid-core design and doors. Mounting screws for the
constructed of wood, metal, lock case shall be of hardened
fiberglass, or particle board of material or have hardened inserts.
twenty-five (25) pcf density and The lock bolts shall engage the
with a minimum rail and stile strike or sill sufficiently to prevent
thickness of one and three-fourths its being disengaged by any
inches(1'/<), possible movement of the door
b. All entrance doors to individual within the space or clearances
units and doors leading from the provided for installation and
garage to the dwelling unit shall operation,
have single-cylinder deadbolts in b. Accessible glass sliding door
addition to door latches, locks shall be supplemented with
c. All main-entrance doors without an auxiliary door lock such as a
clear glass located at a height of slide bolt, drop bar, or any other
fifty-four(54)inches to sixty(60) locking device equal in strength,
inches above the finished floor to resist illegal entry. The
shall be equipped with a auxiliary-locking device shall not
wide-angle interviewer. Such be required if the primary-locking
interviewers shall be located at a device can withstand a stress test
height of fifty-four(54) inches to of eight hundred(800) pounds of
sixty (60) inches above the force applied in any direction.
finished floor, B. Window Protection.
d. Exterior doors and doors from the 1. All accessible windows of the openable
garage to the dwelling unit type shall be equipped or constructed as
swinging out shall have follows:
nonremovable hinge pins and shall a. Windows shall be so constructed
be equipped with a latch guard, that when the window is located,
e. Openings for delivery of mail will it cannot be lifted from the frame,
be allowed, and those openings b. Windows shall be equipped with a
shall be no larger than twenty-four primary-locking device,
(24) square inches. These c. Windows shall be securable on the
openings located within three (3) inside with an auxiliary-locking
feet of any locking device shall be device such as a slide bar, bolt,
constructed to prohibit access to crossbar, drop bar, or any other
the interior door knob, locking device equal in strength,
f. Wood jambs for entrance and/or to resist illegal entry. The
exterior doors shall be rabbeted, auxiliary-locking device shall not
g. Exterior doors and doors from the be required if the primary-locking
garage to the dwelling unit that device can withstand a stress test
swing in shall have rabbeted of three hundred(300)pounds of
jambs, force applied in any direction,
h. All interior entrance doors,during d. Louvered windows shall not be
the hours of darkness, shall be used.
illuminated with a minimum of C. Garage Doors.
one(1) footcandle of light; 1. Overhead garage doors shall not have
2. Sliding doors shall be equipped or bottom vents, except those doors
.14-6
• •
CHAPTER 16.14 I
having double-louvered or shielded be equipped with a latch guard,
vents or approved alternate devices to f. Exterior doors and doors from the
protect the locking mechanisms. garage to the dwelling unit that
D. Open Parking Lots. swing in shall have rabbeted
1. Open parking lots shall be provided jambs,
with a maintained minimum of one(1) g. On pairs of doors, the active leaf
footcandle of light on the parking shall be secured with the type of
surface from dusk until dawn. lock required for single doors in
(Ord. 2055 § 1 (part), 1993) paragraph (b) of this subsection.
The inactive leaf shall be
16.14.100 Minimum standards for duplex equipped with flush bolts let into
and single-family dwellings. the edge of the door at the head
A. Doors. and foot,
1. Exterior Main Doors. h. All main-entrance doors without
a. Exterior doors,doors leading from clear glass located at a height of
garage areas into a single-family fifty-four(54)inches to sixty(60)
dwelling, and doors leading from inches above the finished floor
the outside into the garage shall be shall be equipped with a
of a solid-core design and wide-angle interviewer. Such
constructed of wood, metal, interviewers shall be located at a
fiberglass, or particle board of height of fifty-four(54) inches to
twenty-five (25) pcf density and sixty (60) inches above the
with a minimum rail and stile finished floor;
thickness of one and three-eighths 2. Sliding doors shall be equipped or
(l%) inches. Doors leading from constructed as follows:
garage areas into a single-family a. Deadlocks constructed of material
dwelling may be twenty- (20) other than die cast shall be of
minute, fire-rated doors in lieu of hardened material or have
the requirements noted above, hardened inserts. The lock bolts
b. Exterior doors for single-family shall engage the strike or sill
dwellings and garages shall have sufficiently to prevent its being
single-cylinder deadbolts in disengaged by any possible
addition to door latches, movement of the door within the
c. Doors leading from enclosed space or clearances provided for
garage areas into single-family installation and operation,
dwellings shall have b. Accessible glass sliding door
single-cylinder deadbolts in locks shall be supplemented with
addition to door latches, an auxiliary-door lock such as a
d. Openings for delivery of mail will slide bolt, drop bar, or any other
be allowed, and those openings locking device equal in strength,
shall be no larger than twenty-four to resist illegal entry. The
(24)square inches.Mail openings auxiliary-locking device shall not
located within three(3)feet of any be required if the primary-locking
locking device shall be device can withstand a stress test
constructed to prohibit access to of eight hundred pounds (800) of
the interior doorknob, force applied in any direction.
e. Exterior doors and doors from the B. Window Protection.
garages to the dwelling unit 1. All accessible windows of the openable
swinging out shall have type shall be equipped or constructed as
nonremovable hinge pins and shall follows:
.14-7
110 S
CHAPTER 16.14 I
a. Windows shall be so constructed of three hundred pounds (300) of
that when the window is locked it force applied in any direction,
cannot be lifted from the frame, c. Louvered windows shall not be
b. Windows shall be securable on the used.
inside with an auxiliary-locking C. Garage Doors.
device such as a slide, bolt, 1. Overhead garage doors shall not have
crossbar, drop bar, or any other bottom vents, except those doors
auxiliary-locking device equal in having double-louvered or shielded
strength to resist illegal entry.The vents or approved alternative devices to
auxiliary-locking device shall not protect the locking mechanism.
be required if the primary-locking (Ord. 2055 § 1 (part), 1993)■
device can withstand a stress test
.14-8
•
CHAPTER 16.16 I
Chapter 16.16 Testing Materials (ASTM) in compliance
with Standard F 1346-91 for pools or
SWIMMING POOLS ES 13-89 for spas and hot tubs.
C. "Barrier" is a fence,wall,building wall,or a
Sections: combination thereof, which completely
16.16.010 Purpose. surrounds the swimming pool and obstructs
16.16.020 Scope. access to the swimming pool.
16.16.030 Enforcement. D. "Grade" is the underlying surface such as
16.16.040onsibili earth or a walking surface.
Responsibility.ty. E. "Group R, Division 3 Occupancy," is any
16.16.050 Exceptions. dwelling which contains not more than two
16.16.060 Definitions. (2) dwelling units, congregate residence
16.16.070 Barrier Requirements. accommodating ten (10) persons or less, a
16.16.080 Barrier Substitute. lodging house, or as defined in the latest
16.16.090 Construction Locations. edition of the Uniform Building Code
adopted under Section 16.08.020 of this
16.16.010 Purpose. code.
The purpose of this chapter is to provide F. "Hot Tub." See definition of "swimming
minimum standards requisite of pool barriers and pool."
establish property-line setback requirements for G. "In-ground Pool." See definition of
swimming pools. "swimming pool."
H. "Separation Fence" is a barrier which
16.16.020 Scope. separates all doors of a dwelling unit with
The provisions of this chapter apply to the direct access to a swimming pool from the
design and construction of barriers for swimming
pools located on the premises of Group R, swimming pool.
I. "Spa." See definition of"swimming pool."
Division 3 Occupancies, and the minimum J. "Swimming Pool" is any body of water
property-line setback requirements for all outdoor eighteen (18) inches or more in depth,
swimming pools. Any public swimming pool including, without limitation, structures
shall meet the barrier requirements contained in intended for swimming or recreational
Section 3101B of the California Building Code. bathing such as in-ground and
16.16.030 Enforcement. aboveground/on-ground swimming pools,
The enforcement officer shall be the Building hot tubs, portable and non-portable spas,
Official. fixed-in-place wading pools, or similar
structures and bodies of water such as fish
16.16.040 Responsibility. ponds, fountains, water gardens, or similar
The owner or his designated agent shall be bodies of water, except that this definition
responsible for compliance with the requirements shall not include any body of water which is
set forth in this chapter. part of or formed by the Sacramento River;
16.16.050 Exceptions. any natural lake, pond, or watercourse; any
No provisions of this chapter shall supersede or storm-drain facility; or any irrigation canal.
overrule any local, State, or Federal laws, K. "Swimming Pool, Indoor" is a swimming
regulations,or codes dealing with life-safety. pool which is totally contained within a
residential structure and surrounded on all
16.16.060 Definitions. four sides by walls of said structure.
For the purpose of this section, certain terms, L. "Swimming Pool,Outdoor"is any swimming
words,and phrases are defined as follows: pool which is not an indoor pool.
A. "Aboveground/On-Ground Pool." See
definition of"swimming pool." 16.16.070 Barrier Requirements.
B. "Approved Safety Cover"means a manually A. An outdoor swimming pool shall be provided
or power-operated safety pool, spa, or hot with a barrier that shall be installed,
tub cover that meets all the performance inspected, and approved prior to plastering
standards of the American Society for or filling with water. The barrier shall
.16-1
• .
CHAPTER 16.16 I
comply with the following: joints.
1. The top of the barrier shall be at least 5. Access gates shall comply with the
sixty (60) inches above grade, requirements of Subsections 1 through
measured on the side of the barrier 4. Pedestrian-access gates shall be self-
which faces away from the swimming closing,have a self-latching device,and
pool. The maximum vertical clearance shall accommodate a lock. Where the
between grade and the bottom of the release mechanism of the self-latching
barrier shall be two (2) inches device is located less than fifty-four
measured on the side of the barrier (54)inches from the bottom of the gate,
which faces away from the swimming [1] the release mechanism shall be
pool. The maximum vertical clearance located on the pool side of the barrier at
at the bottom of the barrier may be least three (3) inches below the top of
increased to four(4)inches when grade the gate and [2] the gate and barrier
is a solid surface such as a concrete shall have no opening greater than one-
deck or when the barrier is mounted on half (1/2) inch within eighteen
the top of the aboveground/on-ground (18) inches of the release mechanism.
pool structure. When barriers have Pedestrian gates shall swing away from
horizontal members spaced less than the pool. Any gates other than
forty-five (45) inches apart, the pedestrian-access gates shall be
horizontal members shall be placed on equipped with lockable hardware or
the pool side of the barrier. Any padlocks and shall remain locked at all
decorative design work on the side times when not in use.
away from the swimming pool,such as 6. Where a wall of a Group R,Division 3
protrusions, indentations, or cutouts, Occupancy,dwelling unit serves as part
which render the barrier easily of the barrier and contains door
climbable,is prohibited. openings between the dwelling unit and
2. Openings in the barrier shall not allow the outdoor swimming pool which
passage of a one and three-fourths- provide direct access to the pool, a
(13/4)inch diameter sphere. separation fence meeting the
"Exceptions" when approved by requirements of Subsections 1 through
the Building Official, one of the 5 above shall be provided.
following may be used: "Exceptions" when approved by
a. When vertical spacing between the Building Official, one of the
such openings is forty-five (45) following may be used:
inches or more, the opening size a. Self-closing and self-latching
may be increased such that the devices installed on all doors with
passage of a four- (4) inch direct access to the pool with the
diameter sphere is not allowed. release mechanism located a
b. For fencing composed of vertical minimum of fifty-four(54)inches
and horizontal members, the above the floor.
spacing between vertical members b. An alarm installed on all doors
may be increased up to four (4) with direct access to the pool.
inches when the distance between The alarm shall sound
the tops of horizontal members is continuously for a minimum of
forty-five(45)inches or more. thirty (30) seconds immediately
3. Chain-link and similar wire-type fences after the door and its screen, if
used as the barrier shall not be less than present, are opened and be
eleven(11)gage. capable of providing a sound
4. Solid barriers that do not have pressure level of not less than
openings, such as masonry or stone eighty-five (85) dBA when
walls, shall not contain indentations or measured indoors at ten(10)feet.
protrusions except for tooled masonry
.16-2
•
. ,
CHAPTER 16.16 I
The alarm shall automatically permit application to construct a pool. All
reset under all conditions. The other requirements of
alarm system shall be equipped Subsections 16.28.070.A.1 through 7 shall
with a manual means, such as a apply.
touch pad or switch, to
temporarily deactivate the alarm 16.16.080 Barrier Substitute.
A. The Building Official may allow other
for a single opening. Such protective structures or means to satisfy the
deactivation shall last no longer barrier requirements of this chapter so long
than fifteen (15) seconds. The as the degree of protection afforded by the
deactivation switch shall be substitute structures or means is not less than
located at least fifty-four(54) the protection afforded by the barrier as
inches above the door. required by this chapter. The substitute
c. The pool shall be equipped with
an approved safety cover. means may include natural geographic
d. Other means of protection may be features such as waterways or topography or
acceptable so long as the degree of may also include any approved child safety
protection afforded is not less than device that has been tested and listed by
that afforded by any of the devices Underwriter's Laboratories (UL), or any
described above. other independent testing agency that has
7. Where an aboveground/on-ground pool been recognized and accepted by the
structure is used as a barrier or where Building Official, specifically for use as a
the barrier is mounted on top of the swimming pool safety device, such as a
pool structure and the means of access tested and listed door alarm or swimming
is a ladder or steps,then(1)the ladder pool cover.
or steps shall be capable of being B. Any person desiring the approval of a
secured,locked,or removed to prevent swimming pool child safety device other
access or(2)the ladder or steps shall be than the type or kind mentioned in
surrounded by a barrier which meets Section 16.28.070 shall file a written request
the requirements of Subsections 1 for such approval with the Building Official,
through 5. When the ladder or steps are describing the type of child safety device. If,
secured, locked, or removed, any in the opinion of the Building Official, the
opening created shall be protected by a child safety device will afford equal
barrier also complying with protection to small children,the device shall
Subsections 1 though 5 above. be approved in writing. The Building
8. A spa or hot tub with an approved Official shall establish specific compliance
locking safety cover shall not be criteria for any such child safety device,
required to provide other barriers. which shall be installed and inspected for
Where a locking safety cover is not compliance therewith, prior to filling the
provided, the spa or hot tub shall swimming pool with water.
comply with the barrier requirements of
this chapter. 16.16.090 Construction Locations.
B. For an indoor swimming pool, protection A. Outdoor Swimming Pools in "R" or
shall comply with the requirement of "U" Zoning Districts.
1. In-ground pools shall not be
Subsection 16.28.070.A.6.
constructed within (30) feet of a
C. For any outdoor pool located on the front thirty
half of a lot, the barrier fence required by front property line;within ten(10)feet
this chapter shall be at least seventy-two(72) of the street-side property line of a
inches high,constructed as a solid decorative corner lot; within five (5) feet of an
block wall or block-post with wood-board interior side-yard property line;within
fence. Posts shall be a minimum of five (5) feet of a rear property line
sixteen(16)inches square. Fence plans shall provided that the pool location shall not
be submitted for approval along with the preclude the requirement of any zoning
.16-3
• •
CsAP'TExi'16.16
district for a side yard which must any dwelling other than the owner's,or
maintain ten (10) usable feet for the they shall be enclosed or housed to
passage of automobiles and recreational attenuate noise levels on abutting
vehicles to the rear of the residential properties to within the standards of
structure. To maintain usable access to City's General Plan in a manner
the rear yard, the setback cannot be approved by the Planning Division of
obstructed by mechanical or utility the Development Services Department.
appurtenances for the pool or pool B. Outdoor Swimming Pools in "C" or
decking in excess of six (6) inches "M" Zoning Districts.
above grade. All setbacks shall be 1. Pools m commercial districts,intended
measured from the inside face of the for businesses, or business uses shall
pool wall. not be located closer than ten(10)feet
2. Aboveground/on-ground pools shall be to any public street or alley or within
located on the rear half of the lot and five(5)feet of any side or rear property
not closer than ten(10)feet to any side line.
or rear property line. 2. Pools in commercial districts,intended
3. All swimming pools shall be set back a for residential uses other than motels or
minimum of five (5) feet from any hotels, shall meet the same as required
residential or accessory-type structure for residential zoning districts.
on the property. Furthermore, no C. Indoor Swimming Pools in All Zoning
portion of an in-ground pool shall Districts.
1. Indoor swimming pools shall be
encroach into the area created by an considered as part of the structure and
imaginary line traversing at a forty-five shall meet all applicable setback
(45)degree angle away from the bottom requirements appurtenant to the
of the foundation of any residential or structure in which the pool is enclosed.
accessory structure unless a supporting 2. Filtering systems and heating
engineered wall is constructed in equipment for all pools, when located
conjunction with the pool. outside the building, shall meet the
4. Filtering systems and heating requirements set forth in Subsection
equipment for all pools shall not be 16.28.090.A.4. ■
located closer than thirty (30) feet to
.16-4
• •
CHAPTER 16.21 I
Chapter 16.21 Park Fund Effective Effective Effective
Fees 2/16/98 1/1/99 7/1/99'
PARK FUNDS E. Residential $25/bedroom $27/bedroom
motels or hotels
Sections: with kitchen
16.21.010 Park fund fee. facilities
16.21.020 Park fund utilization. Beginning July 1,1999,and on every July 1st thereafter,
16.21.030 Increase of residential density. the fee will automatically increase by an amount which
is calculated by multiplying the most recent fee in effect
16.21.010 Park fund fee. by the percentage increase over the previous twelve
A fee for each residential building permit shall months immediately preceding the most recent
publication of the Engineering News Record
be paid to the City as required by this section, Construction Cost Index existing on July 1st of the year
except for permits issued covering work of the increase.Fees shall not decrease below the level
performed on buildings or structures owned by of rates existing on January 1, 1999.
any city, county, state, or federal agency or any (Ord.2202 § 2, 1997: Ord. 1433 § 1 (part), 1979:
public agency or district. The funds shall be Ord. 1393 § 1 (part), 1978)
collected by the City Treasurer no later than the
time of final inspection of the work permitted and 16.21.020 Park fund utilization.
shall be placed in a designated park development The fees collected pursuant to
fund. Section 16.05.010 shall be used solely to meet the
urgent need for the planning, acquisition,
Park Fund Effective Effective Effective improvement, and expansion of public parks,
Fees 2/16/98 1/1/99 7/1/99' playgrounds,and recreational facilities to meet the
A. Single-family $300/unit+ $325/unit+ growing population of the city and the means of
structures and $25/bedroom $27/bedroom providing additional revenues with which to
mobile homes on finance such public facilities. Said fees may be
individual lots used at the discretion of the City Council for
B. Multiple-family $200/unit+ $217/unit+ neighborhood parks, school/park combinations,
structures,dwel- $25/bedroom $27/bedroom community parks, and regional parks located
ling groups,mo- within the city and further,within an area two air
bile-home parks, miles outside the city limits.(Ord. 1912§ 1, 1990)
planned develop-
ment districts, 16.21.030 Increase of residential density.
and condominiums
In those cases where between the time of the
C. Remodels that $25/bedroom $27/bedroom I approval of the final map of the subdivision and
add bedrooms or the time of application for a building permit on a
rooms that could parcel or parcels of land within that subdivision,
be used for bed-
roompurposes a request for increased residential density has
been filed and approved, in addition to the fees
D. Remodels or provided for in Section 16.05.010, the property
additions that add owner shall pay to the city an additional fee in an
dwelling units—
same as Subsection B amount equal to the difference between the fees
provided only paid pursuant to Chapter 17.42 at the time of
additional units and approval of the final map for the subdivision,and
bedrooms shall the fees that would have been charged under such
be counted chapter if the density was at that time the same as
it is at the time of the building permit application.
(Ord. 1433 § 1 (part), 1979: Ord. 1393 § 1 (part),
1978)■
.21-1
•
CHAPTER 16.22•
Chapter 16.22 D. "Dwelling" means any building, or portion
thereof,which is used as the private residence
CONSTRUCTION TAXES or sleeping place of one (1) or more human
beings, but not including hotels, clubs, or
Sections: boardinghouses or any institution such as an
16.22.010 Purpose. asylum,hospital,or jail where human beings
16.22.020 Definitions. are housed by reason of illness or under legal
16.22.030 Applicability. restraint.
16.22.040 Time of payment. E. "Dwelling, duplex" means a building
16.22.050 Place of payment. containing not more than two (2) kitchens
16.22.060 Construction tax imposed. designed exclusively for occupancy by two
16.22.070 Use of revenues. (2) families living independently of each
16.22.080 Refunds. other, including all domestic employees of
each family.
16.22.010 Purpose. F. "Dwelling, multiple" means a building, or
The City Council declares that the fees portion thereof, used and designed as a
required to be paid by this chapter are assessed residence for three(3)or more families living
pursuant to the taxing power of the City for the independently of each other and doing their
sole purpose of producing revenue.The continued own cooking in the building, including
increase in the development of land in the City apartment houses,apartment hotels,and flats,
with the attendant increase in the population of but not including automobile courts.
the City has created an urgent need for the G. "Dwelling, single-family" means a building
planning, acquisition, improvement, and containing only one(1)kitchen,designed for
expansion ofpublic facilities and services to serve or used to house not more than one(1)family,
the increasing population of the City and for the including all domestic employees of the
means with which to finance such planning, family.
acquisition,improvement,and expansion ofpublic H. "Dwelling unit"means one(1)or more rooms
facilities and services. (Ord. 1390 § 1 (part), in a dwelling, apartment house or apartment
1978) hotel designed for occupancy by one (1)
family for living or sleeping purposes and
16.22.020 Definitions. having not more than one(1)kitchen.
A. "Apartment house" means the same as I. "Hotel or motel" means a building designed
"multiple dwelling." for occupancy as the more or less temporary
B. "Boardinghouse or roominghouse" means a abiding place of individuals who are lodged
dwelling having only one(1)kitchen and used with or without meals, in which there are six
for the purpose of providing meals or lodging (6) or more guestrooms, and in which no
or both meals and lodging for pay or provision is made for cooking in more than
compensation of any kind,computed by day, fifty (50) percent of the individual rooms or
week or month, to persons other than the suites.
family occupying the dwelling. J. "Mobile home" means a vehicle other than a
C. "Condominium" means an estate in real motor vehicle designed or used for residential
property consisting of an undivided interest in purposes, for carrying persons and property
common in a portion of a parcel of real on its own structure, and for being drawn by
property, together with a separate interest in a motor vehicle. Whenever a mobile home is
space in a residential, industrial, or located within the City outside the confines of
commercial building on such real property, a mobile home park, and it is occupied for
such as an apartment, office, or store. A residential purposes or commercial purposes,
condominium may include in addition a other than occupancy by a night watchman in
separate interest in other portions of such real connection with outdoor storage or mobile
property. home lot sales for usage, for the purposes of
.22-1
• •
CHAPTER 16.22
this chapter a mobile home shall be Official by the City. The Treasurer's receipt for
considered the equivalent of a single-family such payment must be given to the Building
dwelling unit or as nonresidential Official of the City as a necessary prerequisite to
construction depending upon whether the issuance of a building permit. (Ord. 1390 § 1
occupancy is residential or commercial. (part), 1978)
K. "Mobile home lot"means any area or portion
of a mobile home park designated, designed, 16.22.060 Construction tax imposed.
or used for the occupancy of one mobile home A construction tax is imposed on the privilege
on a temporary,semipermanent,or permanent of constructing in the City any dwelling unit,any
basis. mobile home lot,any nonresidential construction,
L. "Mobile home park" means any area or tract any alterations, modifications,reconstruction, or
of land containing one (1) or more mobile additions that result in additional dwelling units in
home lots. residential construction, or any alterations,
M. "Planned development" means a real estate modifications, reconstruction, or additions that
development combining individually owned result in additional production, sales area, or
lots or parcels and areas owned in common by storage capacity in existing nonresidential
the owners of the project's separately owned structures, and every person to whom a building
interests. permit is issued or a permit to construct and install
(Ord. 1432 § 1 (part), 1979) electrical and plumbing equipment to service a
mobile home park,or a permit to occupy a mobile
16.22.030 Applicability. home on a lot zoned for single-family mobile
A. The construction tax is intended to apply to home occupancy,shall pay at the time of issuance
the living area of all new residential of said permit such tax based and computed upon
construction and to all residential the following rates:
reconstruction,alterations,modifications,and A. The aforesaid construction tax shall be
additions that create additional dwelling units. composed of the following elements and shall
B. The construction tax is intended to apply to be computed in the following manner:
the building area of all new nonresidential 1. Capital Improvement Element. A capital
construction and to additional building area improvement element charge of two
due to reconstruction, alterations, hundred (200) dollars for each
modifications,and additions in nonresidential single-family dwelling unit or for each
buildings. dwelling unit in a duplex. Multiple-unit
(Ord. 1390 § 1 (part), 1978) dwelling construction, including
condominiums, apartments, residence
16.22.040 Time of payment. hotels,dwelling groups,and planned unit
The construction tax required in this chapter developments,shall pay a basic charge of
to be paid shall be due and payable upon issuance two hundred (200) dollars plus one
of a building permit,or upon issuance of a permit hundred (100) dollars for each dwelling
to construct and install electrical and plumbing unit in the multiple.
equipment to service a mobile home lot in a
mobile home park; actual payment of such tax Transient housing construction such as
may be deferred until no later than the time of hotels and motels shall pay a basic charge
final inspection of the work permitted.(Ord.2006 of two hundred (200) dollars plus one
§ 2, 1992) hundred (100) dollars for each transient
housing unit to be constructed.
16.22.050 Place of payment.
The construction tax shall be paid to the City Mobile home parks shall pay a basic
Treasurer or her authorized agent at the office of charge of two hundred(200)dollars plus
the City Treasurer in the City Hall after the one hundred(100)dollars for each mobile
amount of tax has been computed by the Building home lot.
.22-2
• •
CHAwrER 16.22 I
Nonresidential construction shall pay a installation of an additional main switch
capital improvement element charge of or an increase in the amperage of an
ten (.10) cents for each square foot of existing main switch,the permittee shall
construction. pay the established fee for the total
2. Storm Drainage Element.All construction amperage of his main switches minus the
shall pay a storm drainage element charge capacity of his main switches prior to the
of ten (.10) cents per square foot of rewiring for which the permit is issued.
ground-floor construction. Mobile home
parks or mobile homes on individual lots When multiple meters are installed and
shall pay one hundred (100) dollars per the master main switch is also installed,
mobile home lot. the permit fee will be based on the
3. Electrical Service Element.An electrical individual meter main only.
service element connection charge based 4. Credits. As to the capital improvement
on the amperage size of each main switch element and storm drainage element set
in the construction or mobile home park forth above,subdivisions shall be given a
as follows: credit towards the payment of the
required fees as follows:
Nonresidential Main
Switch for 120/208 or Where the subdivider has been required
120/240 to make off-site street or roadway
200 amperes main or less $ 700 improvements as a condition of approval
400 amperes main 1,300 of either the tentative or final map of the
600 amperes main 1,500 proposed subdivision,and the cost of said
800 amperes main 1,700 improvements represents ten(10)percent,
1,000 amperes main 1,900 or more, of the total cost of all the
1,200 amperes main 2,100 physical improvements required to be
1,600 amperes main 2,300 built by the subdivider in connection with
2,000 amperes main 2,700 the approval of the roadway
improvements, in addition, provide a
Nonresidential Main substantial benefit to properties lying
Switch 480 Volts outside the boundaries of the proposed
200 amperes main or less $1,000 subdivision, the subdivider shall receive
400 amperes main 2,000 a credit of the cost of said off-site street
600 amperes main 2,300 or roadway improvement, as to the
800 amperes main 2,500 payment of the fees otherwise due and
1,000 amperes main 2,700 payable in accordance with the provisions
1,200 amperes main 3,500 of the capital improvement element.In no
1,600 amperes main 4,000 event shall the credit exceed the fees due
2,000 amperes main 4,500 and payable. Similarly, where the
2,500 amperes main 5,500 subdivider has been required to make
off-site,storm-drainage improvements or
Residential,Apartment on-site, storm-drainage improvements
Units,and Mobile Homes wherein the subdivider has been required
200 amperes main or less $ 100 to transport not only storm-water runoff
400 amperes main 200 generated within the confines of the
600 amperes main 300 proposed subdivision, but has been also
800 amperes main 400 required to provide for major quantities of
storm water generated beyond the
Where existing nonresidential services boundaries of the proposed subdivision,
are rewired and the rewiring results in the as a condition of approval of either the
.22-3
• •
CHAPTER 16.22 I
tentative or final map of the proposed 16.22.070 Use of revenues.
subdivision, and the cost of such off-site Each element of the construction taxes
drainage work,or on-site work connected collected pursuant to the provisions of this chapter
with handling volumes of water in excess shall be placed in a special fund for that element
of those generated within the subdivision, which is created and established for such purpose
exceeds ten percent of the total cost of all and which shall be known by the name of the
the physical improvements to be built by particular element plus the words "tax fund."
the subdivider in the proposed Taxes collected pursuant to this chapter shall be
subdivision, the subdivider shall receive used and expended solely for the planning,
a credit to the extent of the cost of said acquisition, improvement, and expansion of
storm drainage improvements as to the facilities and services appropriate to the purposes
payment of the fees otherwise due and of the fund in which each element of the
payable in accordance with the provisions construction taxes collected has been placed.
of the storm drainage element.In no event Payment of principal or interest on any City bonds
shall the credit exceed the fees due and heretofore or hereafter issued for a purpose
payable. consistent with a particular element of this tax
B. If a permit is sought for construction of a shall be a valid expenditure of taxes collected
complex of mixed uses such as a motel with a pursuant to this chapter. (Ord. 1390 § 1 (part),
restaurant, bar, and convention facilities,the 1978)
construction tax shall be computed separately
for the portion of construction devoted to each 16.22.080 Refunds.
use upon the basis for that type of use and the Construction taxes paid between June 26,
total combined result shall be the construction 1978, the effective date of the enactment of this
tax due and payable. chapter, and April 4, 1979, the effective date of
(Ord. 1455 § 1, 1979) the first amendment thereto, shall be refunded to
the payor, to the extent that such taxes are in
excess or inapplicable pursuant to the amendment
to this chapter which became effective on the
latter date. (Ord. 1432 § 1 (part), 1979)■
.22-4
• •
Cox 16.23
Chapter 16.23 and do not exceed the costs of providing
additional rights-of-way, road construction,
DANA DRIVE TRAFFIC and road improvements necessitated by the
IMPACT FEE DISTRICT new land developments for which the fees are
levied.
Sections: F. The fees collected pursuant to this chapter
16.23.010 Legislative findings. shall be used to finance the road
16.23.020 Short title, authority and improvements and related facilities identified
applicability. in Exhibit A attached to the ordinance
16.23.030 Intents and purposes. codified in this chapter and incorporated in
16.23.040 Rules and construction. this chapter by reference.
16.23.050 Definitions. G. Detailed transportation-facilities studies of
16.23.060 Imposition of road impact fee. the impacts on the existing highway
16.23.070 Payment of fee. infrastructure of contemplated future
16.23.080 Road impact fee district. development in the designated benefit area,
16.23.090 Road impact fee trust fund along with an analysis of the need for new
established. road improvements and related facilities,have
16.23.100 Use of Funds. been prepared as part of the environmental
16.23.110 Refunds of fees paid. review documents for GPA-14-88. Those
16.23.120 Exemptions and credits. reports are titled Costco Store Traffic Study,
16.23.130 Review. March 23, 1989; and Costco Traffic Study,
16.23.140 Violation. Dana Drive Interchange Relocation. These
reports are further supplemented by the
Circulation Element of the Redding General
16.23.010 Legislative findings. Plan.
The City Council determines and declares H. There is a reasonable relationship between the
that: need for the public facilities designated in
A. The City Council has adopted Redding Exhibit A attached to the ordinance codified
Municipal Code Chapter 17.56, creating and in this chapter and the impacts of the types of
establishing the authority for imposing a fee development for which the corresponding fee
for the purpose of defraying the cost of new is charged.
roads and related facilities. I. There is a reasonable relationship between the
B. The State of California, through the fee's use and the type of development for
enactment of Government Code which the fee is charged.
Sections 66001 through 66009,has authorized J. There is a reasonable relationship between the
the City to enact impact fees. amount of the fee and the cost of the facilities
C. The imposition of impact fees is one of the or portion of the facilities attributable to the
preferred methods of ensuring that development on which the fee is imposed.
development bears a proportionate share of K. The cost estimates set forth in Exhibit A
the cost of capital facilities necessary to attached to the ordinance codified in this
accommodate such development. This must chapter are reasonable cost estimates for
be done in order to promote and protect the constructing these facilities; and the fees
public health, safety,and welfare. expected to be generated by future
D. The ordinance codified in this chapter developments will not exceed the total costs
recognizes types of land development which of constructing the transportation facilities
will generate traffic necessitating the identified in Exhibit A attached to the
acquisition of rights-of-way, road ordinance codified in this chapter.
construction,and road improvements. L. The report titled"Dana Drive Traffic Benefit
E. The fees established by resolution pursuant to District Summary Report" dated February 6,
this chapter are derived from,are based upon, 1990, sets forth a reasonable methodology
.23-1
•
CHAPTER 16.23
and analysis for the determination of the 2. The word "shall" is always mandatory
impact of new development on the need for and not discretionary;the word "may" is
and costs for additional rights-of-way, road permissive.
construction, and road improvements in the 3. Words used in the present tense shall
Dana Drive benefit district area. include the future; and words used in the
(Ord. 1914 § 1 (part), 1990) singular number shall include the plural
and the plural the singular, unless the
16.23.020 Short title, authority and context clearly indicates the contrary.
applicability. 4. The phrase"used for"includes"arranged
A. This chapter shall be known and may be cited for," "designed for," "maintained for," or
as the "Dana Drive traffic impact district fee "occupied for."
ordinance." 5. The word "person" includes an
B. The City Council has the authority to adopt individual, corporation, partnership,
the ordinance codified in this chapter pursuant incorporated association, or any other
to California Government Code Section similar entity.
66000 et seq. 6. Unless the context clearly indicates the
C. This chapter shall apply in the designated contrary,where a regulation involves two
benefit area to the extent permitted by the or more items, conditions,provisions, or
statutes of the State of California. events connected by the conjunction
(Ord. 1914 § 1 (part), 1990) "and," "or," or "either...or," the
conjunction shall be interpreted as
16.23.030 Intents and purposes. follows:
A. This chapter is intended to assist in the a. "And"indicates that all the connected
implementation of the City General Plan and terms, conditions, provisions, or
to mitigate traffic impacts identified in events shall apply.
EIR-3-79. b. "Or" indicates that the connected
B. The purpose of this chapter is to regulate the items, conditions, provisions, or
use and development of land so as to assure events may apply singly or in any
that new development bears a proportionate combination.
share of the cost of capital expenditures c. "Either...or" indicates that the
necessary to provide facilities in the City in connected items, conditions,
the designated benefit area. provisions, or events shall apply
(Ord. 1914 § 1 (part), 1990) singly,but not in combination.
7. The word"includes"shall not limit a term
16.23.040 Rules of construction. to the specific example,but is intended to
A. The provisions of this chapter shall be extend its meaning to all other instances
liberally construed so as to effectively carry or circumstances of like kind or character.
out its purpose in the interest of the public 8. "Planning Director" means the City's
health, safety,and welfare. director of planning and community
B. For the purposes of administration and development or other municipal officials
enforcement of this chapter,unless otherwise he/she may designate to carry out the
stated in this chapter, the following rules of administration of this chapter.
construction shall apply to the text hereof: 9. A road right-of-way used to defined road
1. In case of any difference of meaning or impact fee district boundaries may be
implication between the text of this considered within any district it bounds.
chapter and any caption, illustration, (Ord. 1914 § 1 (part), 1990)
summary table, or illustrative table, the
text shall control.
.23-2
•
CHAPTER 16.23
16.23.050 Definitions. sleeping shall be guest rooms. All space in
For the purpose of this chapter,the words set buildings containing guest rooms which is in a
out in this section shall have the following separate area from the guest rooms shall be
meanings: subject to nonresidential development fees.
A "capital improvement" includes Examples of such space are hotel and
transportation planning,preliminary engineering, convalescent hospital reception areas, meeting
engineering design studies, land surveys, rooms,and dining areas.
right-of-way acquisition,engineering,permitting, "Independent fee calculation study"means the
construction, and inspection of all the necessary traffic engineering and/or economic
features for any road construction project, documentation prepared by a fee payer to allow
including,but not limited to: the determination of the impact fee other than by
A. Construction of new through lanes; the use of the resolution establishing fees pursuant
B. Construction of new turn lanes; to this chapter.
C. Construction of new bridges; "Land development activity generating
D. Construction of new drainage facilities in traffic" means any change in land use, or any
conjunction with new roadway construction; construction of buildings or structures, or any
E. Purchase and installation of traffic change in the use of any structure,that attracts or
signalization (including new and upgraded produces vehicular trips.
signalization); "Level of service" shall have the same
F. Construction of curbs, medians, and meaning as set forth in the "Dana Drive Traffic
shoulders; Benefit District Summary Report."
G. Relocating utilities to accommodate new "Mandatory or required right-of-way
roadway construction. dedications and/or roadway improvements"means
"Commercial"means retail uses and any other such noncompensated dedications and/or roadway
type of use which typically uses between four improvements required by the City.
hundred(400) and six hundred(600) square feet "Multiple unit" means any dwelling unit
per employee. which is not a single-family unit.
"Development" means the construction, "Office/general" means office uses and any
alteration, addition, occupancy, or use of any other type of use which typically uses less than
building or structure within the benefit area. four hundred(400)square feet per employee.
"Dwelling unit" means a dwelling unit as "Service industrial" means warehouse,
defined in the Uniform Building Code(UBC) as industrial, and any other type of use which
adopted from time-to-time by the City. typically uses more than six hundred(600)square
"Expansion"of the capacity of a road applies feet per employee.
to all road and intersection capacity enhancements "Single-family unit"means a dwelling unit for
and includes, but is not limited to, extensions, which no enclosing walls, including the walls of
widening, intersection improvements, upgrading any attached structures, are within six (6) feet of
signalization,and expansion of bridges. an enclosing wall of another dwelling unit or a
A"fee payer"is a person commencing a land wall of an attached structure of that unit.A mobile
development activity which generates traffic and home is a single-family unit.
which requires the issuance of a building permit "Site-related improvements" are capital
or permit for mobile home installation. improvements and right-of-way dedications for
"Floor area" means the total floor area of all direct access improvements to and/or within the
stories of a building or structure, including development in question. Direct access
basements, as well as aboveground stories. improvements include,but are not limited to,the
"Guestroom" means a room designed for following:
overnight accommodations that does not qualify A. Access roads leading to the development;
as a dwelling unit.Examples include hotel rooms, B. Driveways and roads within the development;
motel rooms, convalescent hospital rooms, and
dormitory rooms.For a suite of rooms,rooms for
.23-3
•
CHAPTER 16.23
C. Acceleration and deceleration lanes, and determined in Section 16.43.090 and used
right- and left-turn lanes leading to those solely for the purposes specified in this
roads and driveways; chapter.
D. Traffic-control measures for those roads and (Ord. 1914 § 1 (part), 1990)
driveways;
E. Curb, gutter, sidewalk, and parking lanes 16.23.080 Road impact fee district.
adjacent to the development. There is established the Dana Drive traffic
"Square foot" means every square foot of impact fee district with boundaries as shown in
floor area as defined in the Uniform Building Exhibit B attached and incorporated in this
Code(UBC)as adopted from time-to-time by the chapter by reference.(Ord. 1914§ 1 (part), 1990)
City. The City shall develop regulations for
determining the square footage of any project 16.23.090 Road impact fee trust fund
which cannot be calculated by using the definition established.
of floor area. (Ord. 1914 § 1 (part), 1990) A. There is established the Dana Drive traffic
impact fee district trust fund.
16.23.060 Imposition of road impact fee. B. Funds withdrawn from these accounts must be
A. Any person who, after the effective date of used in accordance with the provisions of
the ordinance codified in this chapter,seeks to Section 16.43.100.
develop land within the Dana Drive traffic (Ord. 1914 § 1 (part), 1990)
benefit district by applying for a building
permit, an extension of a building permit 16.23.100 Use of funds.
issued prior to that date, a permit for mobile A. Funds collected from road impact fees shall
home installation,an extension of a permit for be used for the purpose of capital
mobile home installation issued prior to the improvements to and expansion of
effective date,or to make an improvement to transportation facilities associated with the
land which will generate additional traffic,is arterial and collector road network as
required to pay a road impact fee in the designated by the City within the Dana Drive
manner and amount set forth in a resolution traffic impact fee district.
adopted by the City Council pursuant to this B. No funds shall be used for periodic or routine
chapter. maintenance.
B. No permits or extension of permits for the C. Funds shall be used exclusively for capital
activities listed in Subsection A of this section improvements or expansion with the road
shall be granted unless and until the road impact fee district,including district boundary
impact fees required have been paid to the roads, as identified in Exhibit A to the
City. ordinance codified in this chapter, or for
(Ord. 1914 § 1 (part), 1990) projects in other areas which are of benefit to
the road impact district from which the funds
16.23.070 Payment of fee. were collected.
A. The feepayer shall pay the road impact fee D. In the event that bonds or similar debt
established to the City prior to the issuance of instruments are issued for advanced provision
a building permit or a permit for mobile home of capital facilities for which road impact fees
installation. may be expended,impact fees may be used to
B. All funds collected shall be properly pay debt service on such bonds or similar debt
identified for the Dana Drive traffic impact instruments to the extent that the facilities
fee district, and promptly transferred for provided are of the type described in
deposit in the appropriate impact fee trust Subsection A of this section and are located
fund to be held in separate accounts as within the impact fee district created by
Section 16.43.080 or as provided in
Subsection C of this section.
.23-4
• •
CHAPT"E=16.23 I
E. At least once each fiscal period,the Planning installation. Any claim not so made shall be
Director shall present to the City Council a deemed waived. The following shall be
proposed capital improvement program for exempted from payment of the impact fee:
roads,assigning funds,including any accrued 1. Alterations or expansion of an existing
interest, from the impact fee trust funds to building where no additional dwelling
specific road improvement projects and units are created, where the use is not
related expenses. Moneys, including any changed, and where no additional
accrued interest, not assigned in any fiscal vehicular trips will be produced over and
period shall be retained in the same road above those produced by the existing use;
impact fee trust fund until the next fiscal 2. The construction of accessory buildings
period except as provided by the refund or structures which will not produce
provisions of Section 16.43.110. additional vehicular trips over and above
F. Funds may be used to provide refunds as those produced by the principal building
described in Section 16.43.110. or use of the land and which will not be
G. The City shall be entitled to retain not more used for other than storage;
than five(5)percent of the funds collected as 3. The replacement of a destroyed or
compensation for the expense of collecting partially destroyed building or structure
the fee and administering this chapter. with a new building or structure of the
(Ord. 1914 § 1 (part), 1990) same size and use, provided that no
additional trips will be produced over and
16.23.110 Refunds of fees paid. above those produced by the original use
A. If a building permit or permit for mobile home of the land by the introduction of a use
installation expires without commencement of that generates more traffic;
construction, then the feepayer shall be 4. The installation of a replacement mobile
entitled to a refund, without interest, of the home on a lot or other such site when a
impact fee paid as a condition for its issuance, road impact fee for such mobile home site
except that the City shall retain one (1) has previously been paid pursuant to this
percent of the fee to offset a portion of the chapter, or where a mobile home legally
costs of collection and refund. The feepayer existed on such site on or prior to the
must submit an application for such a refund effective date of the ordinance codified in
to the Planning Director within thirty (30) this chapter.
calendar days of the expiration of the permit. 5. Surplus property sold by the Redding
B. Any funds not expended or encumbered by redevelopment agency, which is a
the end of the calendar quarter immediately remainder of land acquired for public
following five(5)years from the date the road improvements, or for mitigation of an
impact fee was paid shall,upon application of environmental impact.
the then current landowner, be returned to B. Credits.
such landowner with interest at a rate equal to 1. Credit shall not be given for site-related
the rate of interest earned by the City at the improvements,right-of-way dedications,
time of application, provided that the or providing paved access to the property.
landowner submits an application for refund 2. All mandatory or required right-of-way
to the Planning Director within one hundred dedications and/or roadway
eighty(180)calendar days of the expiration of improvements made by a feepayer
the five-(5)year period. subsequent to the effective date of the
(Ord. 1914 § 1 (part), 1990) ordinance codified in this chapter except
for site-related improvements, shall be
16.23.120 Exemptions and credits. credited on a pro rata basis against road
A. Any claim of exemption must be made no impact fees required by this chapter.Such
later than the time of application for a credits shall be determined and provided
building permit or permit for mobile home as set forth in Subsection B(3) of this
.23-5
•
CHAPTER 16.23 1
section. inaccurate. The Planning Director
3. A feepayer may obtain credit against all shall provide the applicant with a
or a portion of road impact fees otherwise letter or certificate setting forth the
due or to become due by offering to dollar amount of the credit, the
dedicate nonsite-related right-of-way reason for the credit, and the legal
and/or construct nonsite-related roadway description or other adequate
improvements. This offer must description of the project or
specifically request or provide for a road development to which the credit may
impact fee credit.Such construction must be applied. The applicant must sign
be in accordance with City or State and date a duplicate copy of such
design standards, whichever are letter or certificate indicating his/her
applicable. If the Planning Director agreement to the terms of the letter or
accepts such an offer, whether the certificate and return such signed
acceptance is before or after the effective document to the Planning Director
date of the ordinance codified in this before credit will be given. The
chapter, the credit shall be determined failure of the applicant to sign, date,
and provided in the following manner: and return such document within
a. Credit for the dedication of sixty(60)calendar days shall nullify
nonsite-related right-of-way shall be the credit.
valued at (1) one hundred fifteen c. Except as provided in
(115) percent of the most recent Subsection B(3)(d) of this section,
assessed value by the Shasta County credit against impact fees otherwise
assessor; or (2) by such other due will not be provided until:
appropriate method as the City may i. The construction is completed
have accepted prior to the effective and accepted by the City or State,
date of the ordinance codified in this whichever is applicable;
chapter for particular right-of-way ii. A suitable maintenance and
dedications and/or roadway warranty bond is received and
improvements;or(3)at the option of approved by the City when
the feepayer, by fair market value applicable;
established by private M.A.I. iii. All design, construction,
appraisers acceptable to the City. inspection,testing,bonding, and
Credit for the dedication of acceptance procedures are in
right-of-way shall be provided when strict compliance with the then
the property has been conveyed at no current City public works
charge to,and accepted by,the City. improvement standards when
b. Applicants for credit for construction applicable.
ofnonsite-related road improvements d. Credit may be provided before
shall submit acceptable engineering completion of specified roadway
drawings, specifications, and improvements if adequate assurances
construction cost estimates to the are given by the applicant that the
Planning Director. The Planning standards set out in
Director shall determine credit for Subsection B(3)(c)will be met and if
roadway construction based upon the feepayer posts security as
either these cost estimates or upon provided below for the costs of such
alternative engineering criteria and construction. Security in the form of
construction cost estimates if the a performance bond, irrevocable
Planning Director determines that letter of credit, or escrow agreement
such estimates submitted by the shall be posted with and approved by
applicant are either unreliable or the City Attorney in an amount
.23-6
411
CHAPTER 16.23 I
determined by the Planning Director. request with the Planning Director,
If the road construction project will together with a fee established by
not be constructed within one (1) resolution of the City Council,within ten
year of the acceptance of the offer by (10) calendar days of the Planning
the Planning Director,the amount of Director's determination.
the security shall be increased by ten (Ord. 1914 § 1 (part), 1990)
(10) percent compounded for each
year of the life of the security. The 16.23.130 Review.
security shall be reviewed and A. Except for the first year this chapter is in
approved by the City Attorney prior effect, no later than June 30th of each year,
to acceptance of the security by the the Planning Director shall prepare a report
Planning Director. If the road for the City Council identifying the balance of
construction project is not to be fees in the impact fee trust accounts, the
completed within two(2)years of the facilities constructed,and the capital facilities
date of the feepayer's offer, the City to be constructed.In preparing the report,the
Council must approve the road Planning Director shall adjust the estimated
construction project and its scheduled costs of the public improvements in
completion date prior to the accordance with the Engineering Construction
acceptance of the offer by the Cost Index as published by Engineering News
Planning Director. Record for the elapsed time period from the
4. Any claim for credit must be made no previous July 1st or the date that the cost
later than the time of application for a estimate was developed. The annual report
building permit or permit for mobile shall also include a review of the
home installation.Any claim not so made administrative charge.
shall be deemed waived. B. The City Council shall review the report at a
5. Credits shall not be transferable from one noticed public hearing and shall make
project or development to another without findings identifying the purpose to which the
the approval of the City Council and may existing fee balances are to be put, and
only be transferred to a development in a demonstrating a reasonable relationship
different impact fee district upon a between the fee and the purpose for which it
finding by the City Council that the is charged. The Council may revise the
dedication of right-of-way or road transportation development fee to include
construction for which the credit was increased construction costs or additional
given benefits such different impact fee projects not foreseen as being needed,
district. provided there is a relationship to the project
6. In the event fee schedules are in the benefit area.
subsequently changed to reflect increases (Ord. 1914 § 1 (part), 1990)
or decreases in construction costs or other
relevant factors, then a fee payer may 16.23.140 Violation—Penalty.
request within six(6)months of the date A violation of this chapter shall be prosecuted
the fee was paid a recalculation of credits in the same manner as misdemeanors are
to fairly reflect such changed prosecuted;and upon conviction,the violator shall
circumstances. be punishable according to law. However, in
7. Determinations made by the Planning addition to or in lieu of any criminal prosecution,
Director pursuant to the credit provisions the City shall have the power to sue in civil court
of this section may be appealed to the to enforce the provisions of this chapter. (Ord.
Planning Ccommission by filing a written 1914 § 1 (part), 1990)■
.23-7
• •
. .
CHAPTER 16.24 I
Chapter 16.24 D. The plans of the school district to acquire
permanent classroom and related facilities in
REGULATION OF RESIDENTIAL order to eliminate the overcrowded
DEVELOPMENT IN OVERCROWDED conditions;
SCHOOL ATTENDANCE AREAS E. All the reasonable methods for mitigating
conditions of overcrowding which the school
Sections: district has considered, including, but not
16.24.010 Purpose. limited to, inter-district transfer of students
16.24.020 Definitions. and why said methods will or will not reduce
16.24.030 School district's findings. and/or eliminate said overcrowding;
16.24.040 Review of findings by F. The estimated cost of providing interim
superintendent of schools. classroom and related facilities per student for
16.24.050 Hearing on findings. the forthcoming school year.
16.24.060 Determination of costs. (Ord. 1531 § 1, 1981: Ord. 1451 § 1 (part), 1979)
16.24.070 Number of students per residence.
16.24.080 Determination of fee. 16.24.040 Review of findings by
16.24.090 Imposition of fee. superintendent of schools.
16.24.100 Resubmission of findings. Prior to filing with the City Council, the
16.24.110 Voluntary contribution. findings shall be reviewed by the County
Superintendent of Schools to determine if they
16.24.010 Purpose. comply with Government Code Section 65971 and
It is the intention of the City Council in Section 16.44.030 of this code. (Ord. 1451 § 1
enacting this chapter to implement Chapter 4.7 of (part), 1979)
Title VII of the Government Code of the State
(Sections 65970, et seq). (Ord. 1451 § 1 (part), 16.24.050 Hearing on findings.
1979) If the County Superintendent of Schools
determines that the fmdings do so comply, then
16.24.020 Definitions. the City Council shall hold a hearing to review the
The definitions contained in Government district's findings. (Ord. 1451 § 1 (part), 1979)
Code Section 65973 and Education Code Section
37200 shall control. (Ord. 1451 § 1 (part), 1979) 16.24.060 Determination of costs.
If the City Council concurs with the findings
16.24.030 School district's findings. submitted by the school district,then the Council
During April of any year, a school district shall determine the cost of providing interim
may file the findings described in Government classroom and related facilities on a per student
Code Section 65971 with the City Council. basis for the forthcoming school year.(Ord. 1451
Findings shall be documented by complete and § 1 (part), 1979)
competent evidence consisting of,but not limited
to,the following: 16.24.070 Number of students per residence.
A. The boundaries and location of the attendance Unless another fmding is warranted,the City
area which is alleged to be overcrowded; Council finds that there are.42 elementary school
B. The history of residential development within students in each single-family unit,.21 elementary
the attendance area alleged to be school students in each multiple-family dwelling
overcrowded; unit, and .22 high school students in each
C. How the school district will use any of the household in Shasta County. (Ord. 1693 § 1,
fees collected pursuant to Section 16.44.090 1984)
to provide interim classroom and related
facilities; 16.24.080 Determination of fee.
Unless the City Council concludes otherwise,
the cost per student of providing interim
.24-1
• •
CHAPTER 16.24 1
classroom and related facilities for the the Council concurs with the school district's
forthcoming school year shall be multiplied by.64 fmdings until June 30, 1980. The payment of the
if the district making the findings under fee is a condition precedent to the issuance of a
Section 16.44.030 is a unified school district,by building permit. (Ord. 1451 § 1 (part), 1979)
.22 if the district is a high school district,and.42
if the district is an elementary school district. 16.24.100 Resubmission of findings.
(Ord. 1451 § 1 (part), 1979) If a school district remains overcrowded
during the school year subsequent to the year
16.24.090 Imposition of fee. during which it submitted its findings to the City
The products shall be the fee charged to any Council, the school district may again make the
person and/or entity for the privilege of building findings specified in Government Code Section
and/or installing any residential dwelling unit 65971,and the procedures set forth in this chapter
within the boundaries of an overcrowded district shall be applicable. (Ord. 1451 § 1 (part), 1979)
during the next school year following the school
district's submission of the findings specified in 16.24.110 Voluntary contribution.
Government Code Section 65971.The fee charged Nothing contained in this chapter shall
pursuant to this section shall be imposed after the preclude a school district from negotiating a
City Council concurs with the school district's voluntary contribution of land and/or money from
findings and shall be imposed only during the concerned developers and/or builders in lieu of
school year following the school district's filing of the procedure provided by this chapter. (Ord.
said findings, except that during the 1978-79 1451 § 1 (part), 1979)■
school year when the fee shall be imposed after
.24-2
• •
CHAPTER 16.25 I
Chapter 16.25 construction,and road improvements in order
to maintain current levels of traffic.
CITYWIDE TRANSPORTATION E. The fees established by resolution pursuant to
DEVELOPMENT IMPACT this chapter are derived from,are based upon,
FEE DISTRICT and do not exceed the costs of providing
additional rights-of-way, road construction,
Sections: and road improvements necessitated by the
16.25.010 Legislative findings. new land developments and construction for
16.25.020 Short title, authority, and which the fees are levied.
applicability. F. The fees collected pursuant to this chapter
16.25.030 Intent and purpose. shall be used to finance the road
16.25.040 Rules of construction. improvements and related facilities identified
16.25.050 Definitions. in Exhibit A attached and incorporated in this
16.25.060 Imposition of transportation chapter by reference.
impact fee. G. Detailed transportation-facilities studies on
16.25.070 Payment of fee. the existing highway infrastructure of
16.25.080 Transportation impact fee district. contemplated future development in the
16.25.090 Transportation impact fee trust sphere of influence area of Redding, along
fund established. with the analysis of the need to maintain an
16.25.100 Use of funds. acceptable level of service of the street
16.25.110 Refund of fees paid. infrastructure and traffic control, along with
16.25.120 Exemptions and credits. an analysis of need for street widening,
16.25.130 Review. extensions to reduce adjacent street capacity
16.25.140 Violation—Penalty. problems, and related facilities, have been
prepared as part of the document titled
16.25.010 Legislative findings. "Transportation Development Impact Fee
The City Council determines and declares Program for Roadway and Signal
that: Improvements." This report is further
A. The City Council has adopted Redding supplemented by the City circulation element
Municipal Code Chapter 17.56 creating and of the General Plan and other referenced
establishing the authority for imposing a fee studies identified in the report titled
for the purpose of defraying the cost of new "Transportation Development Impact Fee
roads and related facilities. Program for Roadway and Signal
B. The State of California, through the Improvements."
enactment of Government Code H. There is a reasonable relationship between the
Sections 66001 through 66009,has authorized need for the public facilities designated in
the City to enact impact fees. Exhibit A attached to the ordinance codified
C. The imposition of impact fees is one of the in this chapter and the impacts of the types of
preferred methods of ensuring that development for which the corresponding fee
development bears a proportionate share of is charged.
the cost of capital facilities necessary to I. There is a reasonable relationship between the
accommodate such development. This must fee's use and the type of development for
be done in order to promote and protect the which the fee is charged.
public health, safety, and welfare. J. There is a reasonable relationship between the
D. The ordinance codified in this chapter amount of the fee and the cost of the facilities
recognizes types of land development which or portion of the facilities attributable to the
will generate traffic necessitating the development on which the fee is imposed.
acquisition of rights-of-way, road K. The cost estimates set forth in Exhibit A
attached to the ordinance codified in this
chapter are reasonable cost estimates for
.25-1
• . S
CHAPTER 16.25 I
constructing these facilities; and the fees 16.25.040 Rules of construction.
expected to be generated by future A. The provisions of this chapter shall be
developments will not exceed the total costs liberally construed so as to effectively carry
of constructing the transportation facilities out its purpose in the interest of the public
identified in Exhibit A attached to the health, safety,and welfare.
ordinance codified in this chapter. B. For the purposes of administration and
L. The report titled "Transportation enforcement of this chapter,unless otherwise
Development Impact Fee Program for stated in this chapter, the following rules of
Roadway and Signal Improvements" dated construction shall apply to the text hereof:
March 1990 sets forth a reasonable 1. In case of any difference of meaning or
methodology and analysis for the implication between the text of this
determination of the impact of new chapter and any caption, illustration,
development and construction on the need for summary table, or illustrative table, the
and costs for additional rights-of-way, road text shall control.
construction, and road improvements in the 2. The word "shall" is always mandatory
citywide transportation development impact and not discretionary;the word "may" is
fee district area. permissive.
(Ord. 1921 § 1 (part), 1990) 3. Words used in the present tense shall
include the future;and words used in the
16.25.020 Short title, authority and singular number shall include the plural,
applicability. and the plural the singular, unless the
A. This chapter shall be known and may be cited context clearly indicates the contrary.
as the "Citywide transportation development 4. The phrase"used for" includes "arranged
impact fee ordinance." for," "designed for," "maintained for,"or
B. The City Council has the authority to adopt "occupied for."
the ordinance codified in this chapter pursuant 5. The word "person" includes an
to California Government Code individual, corporation, partnership,
Section 66000 et seq. incorporated association, or any other
C. This chapter shall apply to the transportation similar entity.
development impact fee area to the extent 6. Unless the context clearly indicates the
permitted by the statutes of the State of contrary,where a regulation involves two
California. or more items,conditions,provisions,or
(Ord. 1921 § 1 (part), 1990) events connected by the conjunction
"and," "or," or "either...or," the
16.25.030 Intent and purpose. conjunction shall be interpreted as
A. This chapter is intended to assist in the follows:
implementation of the City General Plan and a. "And"indicates that all the connected
to mitigate traffic impacts identified in the terms, conditions, provisions, or
document titled"Transportation Development events shall apply.
Impact Fee Program for Roadway and Signal b. "Or" indicates that the connected
Improvements" dated March 1990. items, conditions, provisions, or
B. The purpose of this chapter is to regulate the events may apply singly or in any
use and development of land so as to assure combination.
that new development and construction bears c. "Either...or" indicates that the
a proportionate share of the cost of capital connected items, conditions,
expenditures necessary to provide facilities in provisions, or events shall apply
the City as identified in Exhibit A attached to singly,but not in combination.
the ordinance codified in this chapter. 7. The word"includes"shall not limit a term
(Ord. 1921 § 1 (part), 1990) to the specific example,but is intended to
.25-2
411
CHAPTER 16.25 I
extend its meaning to all other instances "Expansion"of the capacity of a road applies
or circumstances of like kind or character. to all road and intersection capacity
8. "Planning Director" means the City's enhancements and includes,but is not limited
director of planning and community to, extensions, widening, intersection
development or other municipal officials improvements, upgrading signalization, and
he/she may designate to carry out the expansion of bridges.
administration of this chapter.
9. "Public Works Director"means the City's A "feepayer" is a person commencing a land
Director of Public Works. development activity which generates traffic
10. A road right-of-way used to define road and which requires the issuance of a building
impact fee district boundaries may be permit or permit for mobile home installation.
considered within any district it bounds.
(Ord. 1921 § 1 (part), 1990) "Floor area" means the total floor area of all
stories of a building or structure, including
16.25.050 Definitions. basements,as well as aboveground stories.
For the purpose of this chapter,the words set
out in this section shall have the following "Guest room" means a room designed for
meanings: overnight accommodations that does not
A "capital improvement" includes qualify as a dwelling unit. Examples include
transportation planning,preliminary engineering, hotel rooms, motel rooms, convalescent
engineering design studies, land surveys, hospital rooms, and dormitory rooms. For a
right-of-way acquisition,engineering,permitting, suite of rooms, rooms for sleeping shall be
construction, and inspection of all the necessary guest rooms.All space in buildings containing
features for any road construction project, guest rooms which is in a separate area from
including,but not limited to: the guest rooms shall be subject to
A. Construction of new through lanes; nonresidential development fees.Examples of
B. Construction of new turn lanes; such space are hotel and convalescent hospital
C. Construction of new bridges; reception areas, meeting rooms, and dining
D. Construction of new drainage facilities in areas.
conjunction with new roadway construction;
E. Purchase and installation of traffic "Independent fee calculation study"means the
signalization (including new and upgraded traffic engineering and/or economic
signalization); documentation prepared by a feepayer to
F. Construction of curbs, medians, and allow the determination of the impact fee
shoulders; other than by the use of the resolution
G. Relocating utilities to accommodate new establishing fees pursuant to this chapter.
roadway construction.
"Land development activity generating
"Commercial"means retail uses and any other traffic"means any change in land use,or any
type of use which typically uses between four construction of buildings or structures,or any
hundred (400) and six hundred (600) square change in the use of any structure, that
feet per employee. attracts or produces vehicular trips.
"Development" means the construction, "Level of service" shall have the same
alteration,addition,occupancy,or use of any meaning as set forth in the "Transportation
building or structure within the benefit area. Development Impact Fee Program for
Roadway and Signal Improvements" dated
"Dwelling unit" means a dwelling unit as March 1990.
defined in the Uniform Building Code(UBC)
as adopted from time-to-time by the City.
.25-3
• I
CHAPTER 16.25
"Mandatory or required right-of-way 16.25.060 Imposition of transportation
dedications and/or roadway improvements" impact fee.
means such noncompensated dedications A. Any person who, after the effective date of
and/or roadway improvements required by the the ordinance codified in this chapter,seeks to
City. develop land or construct within the
incorporated limits of the City as they exist
"Multiple unit" means any dwelling unit from time-to-time by applying for a building
which is not a single-family unit. permit, an extension of a building permit
issued prior to the effective date,a permit for
"Office/general" means office uses and any mobile home installation, an extension of a
other type of use which typically uses less permit for mobile home installation issued
than four hundred (400) square feet per prior to the effective date, or to make an
employee. improvement to land which will generate
additional traffic, is required to pay impact
"Service industrial" means warehouse, fees in the manner and amount set forth in a
industrial, and any other type of use which resolution adopted by the City Council
typically uses more than six hundred (600) pursuant to this chapter.
square feet per employee. B. No permits or extension of permits for the
activities listed in Subsection (A) of this
"Single-family unit"means a dwelling unit for section shall be granted unless and until the
which no enclosing walls,including the walls impact fees required have been paid to the
of any attached structures, are within six (6) City.
feet of an enclosing wall of another dwelling (Ord. 1921 § 1 (part), 1990)
unit or a wall of an attached structure of that
unit.A mobile home is a single-family unit. 16.25.070 Payment of fee.
A. The feepayer shall pay the impact fees
"Site-related improvements" are capital established to the City prior to the issuance of
improvements and right-of-way dedications for a building permit or a permit for mobile home
direct access improvements to and/or within the installation.
development in question. Direct access B. All funds collected shall be properly
improvements include,but are not limited to,the identified for the citywide transportation
following: development impact fee district and promptly
A. Access roads leading to the development; transferred for deposit in the appropriate
B. Driveways and roads within the development; impact fee trust fund to be held in separate
C. Acceleration and deceleration lanes and right- accounts as determined in Section 16.45.090
and left-turn lanes leading to those roads and and used solely for the purposes specified in
driveways; this chapter.
D. Traffic-control measures for those roads and (Ord. 1921 § 1 (part), 1990)
driveways;
E. Curb, gutter, sidewalk, and parking lanes 16.25.080 Transportation impact fee district.
adjacent to the development. There is established the citywide
transportation development impact fee district,
"Square foot" means every square foot of with its boundaries being the incorporated limits
floor area as defined in the Uniform Building of Redding, California, as they may exist from
Code(UBC)as adopted from time-to-time by time-to-time. (Ord. 1921 § 1 (part), 1990)
the City. The City shall develop regulations
for determining the square footage of any
project which cannot be calculated by using
the definition of floor area.
(Ord. 1921 § 1 (part), 1990)
.25-4
•
CHAPTER 16.25 I
16.25.090 Transportation impact fee trust F. Funds may be used to provide refunds as
fund established. described in Section 16.45.110.
A. There is established the citywide G. The City shall be entitled to retain not more
transportation development impact fee district than five(5)percent of the funds collected as
trust fund. compensation for the expense of collecting
B. Funds withdrawn from this account must be the fee and administering this chapter.
used in accordance with the provisions of (Ord. 1921 § 1 (part), 1990)
Section 16.45.100.
(Ord. 1921 § 1 (part), 1990) 16.25.110 Refund of fees paid.
A. If a building permit or permit for mobile home
16.25.100 Use of funds. installation expires without commencement of
A. Funds collected from impact fees levied construction, then the feepayer shall be
pursuant to this chapter shall be used for the entitled to a refund, without interest, of the
purpose of capital improvements to and impact fee paid as a condition for its issuance,
expansion of transportation facilities except that the City shall retain one (1)
associated with the arterial and collector road percent of the fee to offset a portion of the
network as designated in Exhibit A attached costs of collection and refund.The fee-payer
to the ordinance codified in this chapter must submit an application for such a refund
within the city incorporated limits as they to the Planning Director within thirty (30)
may exist from time-to-time. calendar days of the expiration of the permit.
B. No funds shall be used for periodic or routine B. Any funds not expended or encumbered by
maintenance. the end of the calendar quarter immediately
C. Funds shall be used exclusively for capital following five (5) years from the date the
improvements or expansion within the City impact fee was paid shall,upon application of
incorporated limits as they may exist from the then current landowner, be returned to
time-to-time. such landowner with interest at a rate equal to
D. In the event that bonds or similar debt the rate of interest earned by the City at the
instruments are issued for advanced provision time of application; provided, that the
of capital facilities for which impact fees may landowner submits an application for refund
be expended,impact fees may be used to pay to the Planning Director within one hundred
debt service on such bonds or similar debt eighty(180)calendar days of the expiration of
instruments to the extent that the facilities the five-(5)year period.
provided are of the type described in (Ord. 1921 § 1 (part), 1990)
Subsection(A)of this section and are located
within the impact fee district created by 16.25.120 Exemptions and credits.
Section 16.45.080 or as provided in A. Any claim of exemption must be made no
Subsection(C)of this section. later than the time of application for a
E. At least once each fiscal period, the Public building permit or permit for mobile home
Works Director shall present to the City installation. Any claim not so made shall be
Council a proposed capital improvement deemed waived. The following shall be
program for roads,assigning funds,including exempted from payment of the impact fee:
any accrued interest,from the impact fee trust 1. Alterations or expansion of an existing
fund to specific improvement projects and building where no additional dwelling
related expenses. Moneys, including any units are created, where the use is not
accrued interest, not assigned in any fiscal changed, and where no additional
period shall be retained in the same impact vehicular trips will be produced over and
fee trust fund until the next fiscal period above those produced by the existing use;
except as provided by the refund provisions of 2. The construction of accessory buildings
Section 16.45.110. or structures which will not produce
additional vehicular trips over and above
.25-5
. 4 . I •
CHAPTER 16.25 ',I
those produced by the principal building acceptance is before or after the effective
or use of the land and which will not be date of the ordinance codified in this
used for other than storage; chapter, the credit shall be determined
3. The replacement of a destroyed or and provided in the following manner:
partially destroyed building or structure a. Credit for the dedication of
with a new building or structure of the nonsite-related right-of-way shall be
same size and use; provided, that no valued at (1) one hundred fifteen
additional trips will be produced over and (115) percent of the most recent
above those produced by the original use assessed value by the Shasta County
of the land by the introduction of a use Assessor; or (2) by such other
that generates more traffic; appropriate method as the City may
4. The installation of a replacement mobile have accepted prior to the effective
home on a lot or other such site when an date of the ordinance codified in this
impact fee for such mobile home site has chapter for particular right-of-way
previously been paid pursuant to this dedications and/or roadway
chapter, or where a mobile home legally improvements;or(3)at the option of
existed on such site on or prior to the the fee payer, by fair market value
effective date of the ordinance codified in established by private M.A.I.
this chapter. appraisers acceptable to the City.
5. Surplus property sold by the Redding Credit for the dedication of
Redevelopment Agency, which is a right-of-way shall be provided when
remainder of land acquired for public the property has been conveyed at no
improvements, or for mitigation of an charge to,and accepted by,the City.
environmental impact. b. Applicants for credit for construction
B. Credits. ofnonsite-related road improvements
1. Credit shall not be given for site-related shall submit acceptable engineering
improvements,right-of-way dedications, drawings, specifications, and
or providing paved access to the property. construction cost estimates to the
2. All mandatory or required right-of-way Planning Director. The Planning
dedications and/or roadway Director shall determine credit for
improvements made by a feepayer roadway construction based upon
subsequent to the effective date of the either these cost estimates or upon
ordinance codified in this chapter,except alternative engineering criteria and
for site-related improvements, shall be construction cost estimates if the
credited on a pro rata basis against impact Public Works Director determines
fees required by this chapter.Such credits that such estimates submitted by the
shall be determined and provided as set applicant are either unreliable or
forth in Subsection B(3)of this section. inaccurate. The Planning Director
3. A feepayer may obtain credit against all shall provide the applicant with a
or a portion of impact fees otherwise due letter or certificate setting forth the
or to become due by offering to dedicate dollar amount of the credit, the
nonsite-related right-of-way and/or reason for the credit, and the legal
construct nonsite-related roadway description or other adequate
improvements. This offer must description of the project or
specifically request or provide for an development to which the credit may
impact fee credit.Such construction must be applied. The applicant must sign
be in accordance with City or State and date a duplicate copy of such
design standards, whichever are letter or certificate indicating his/her
applicable. If the Planning Director agreement to the terms of the letter or
accepts such an offer, whether the certificate and return such signed
.25-6
• •
CHAPTER 16.25 I
document to the Planning Director completed within two(2)years of the
before credit will be given. The date of the feepayer's offer, the City
failure of the applicant to sign, date, Council must approve the road
and return such document within construction project and its scheduled
sixty(60)calendar days shall nullify completion date prior to the
the credit. acceptance of the offer by the
c. Except as provided in Subsection Planning Director.
B(3)(d)of this section,credit against 4. Any claim for credit must be made no
impact fees otherwise due will not be later than the time of application for a
provided until: building permit or permit for mobile
i. The construction is completed home installation.Any claim not so made
and accepted by the City or State, shall be deemed waived.
whichever is applicable; 5. Credits shall not be transferable from one
ii. A suitable maintenance and project or development to another without
warranty bond is received and the approval of the City Council and may
approved by the City when only be transferred to a development in a
applicable; different impact fee district upon a
iii. All design, construction, finding by the City Council that the
inspection,testing,bonding, and dedication of right-of-way or road
acceptance procedures are in construction for which the credit was
strict compliance with the then given benefits such different impact fee
current City Public Works district.
improvement standards when 6. In the event fee schedules are
applicable. subsequently changed to reflect increases
d. Credit may be provided before or decreases in construction costs or other
completion of specified roadway relevant factors, then a feepayer may
improvements if adequate assurances request within six(6)months of the date
are given by the applicant that the the fee was paid a recalculation of credits
standards set out in Subsection to fairly reflect such changed
B(3)(c) will be met and if the circumstances.
feepayer posts security as provided 7. Determinations made by the Planning
below for the costs of such Director pursuant to the credit provisions
construction. Security in the form of of this section may be appealed to the
a performance bond, irrevocable Planning Commission by filing a written
letter of credit, or escrow agreement request with the Planning Director,
shall be posted with and approved by together with a fee established by
the City Attorney in an amount resolution of the City Council,within ten
determined by the Planning Director. (10) calendar days of the Planning
If the road construction project will Director's determination.
not be constructed within one (1) (Ord. 1921 § 1 (part), 1990)
year of the acceptance of the offer by
the Planning Director,the amount of 16.25.130 Review.
the security shall be increased by ten A. Except for the first year this chapter is in
(10) percent compounded for each effect, no later than June 30th of each year,
year of the life of the security. The the Public Works Director shall prepare a
security shall be reviewed and report for the City Council identifying the
approved by the City Attorney prior balance of fees in the trust account, the
to acceptance of the security by the facilities constructed,and the capital facilities
Planning Director. If the road to be constructed.In preparing the report,the
construction project is not to be Public Works Director shall adjust the
.25-7
I •
.
CHAPTER 16.25
estimated costs of the public improvements in additional projects not foreseen as being
accordance with the Engineering Construction needed,provided there is a relationship to the
Cost Index as published by Engineering News project in the benefit area.
Record for the elapsed time period from the (Ord. 1921 § 1 (part), 1990)
previous July 1st or the date the cost estimate
was developed. The annual report shall also 16.25.140 Violation—Penalty.
include a review of the administrative charge. A violation of this chapter shall be prosecuted
B. The City Council shall review the report at a in the same manner as misdemeanors are
noticed public hearing and shall make prosecuted;and upon conviction,the violator shall
findings identifying the purpose to which the be punishable according to law. However, in
existing fee balances are to be put, and addition to or in lieu of any criminal prosecution,
demonstrating a reasonable relationship the City shall have the power to sue in civil court
between the fee and the purpose for which it to enforce the provisions of this chapter.
is charged.The Council may revise the impact (Ord. 1921 § 1 (part), 1990)■
fee to include increased construction costs or
.25-8
6
In the Superior Court of the State of California
in and for the County of Shasta
CERTIFICATE OF PUBLICATION
SUMMARY OF
CITY OF REDDING
ORDINANCE NO.2246
No. 2246 The following is a summary Report of the City of Red-
ding's Ordinance No. 2246, an ordinance of the City
Council of the City of Redding amending Redding Munic-
ipal Code Title 14 by adding Chapters 14.22 and 14.24
Public Notice and repealing Redding Municipal Code Title 16 and add-
ing a new Title 16.
City of Redding The proposed ordinance will be considered by the Red-
ding City Council for adoption at its meeting on June 1,
1999.
State of California Background:
The State of California Health and Safety Code mandates
County of Shasta that all Cities and Counties in California adopt the 1998
California Building Codes (CBC) on or before July 1,
1999.The City of Redding, Building and Code Enforce-
ment Division has added two new chapters to Title 14
I hereby certify that the Record Searchlight is a and rewritten Title 16 of the Redding Municipal Code
(RMC)in an effort to comply with this mandate.
newspaper of general circulation within the provisions Summary:
of the Government Code of the State of California, The intent of the proposed revisions have been to:
printed and published in the City of Redding, County
of Shasta, State of California;that I am the principal •Adopt the 1998 California Building Codes.
clerk of the printer of said newspaper;that the notice • Eliminate amendments to the California Building
Codes that are unique to Redding.
of which the annexed clipping is a true printed copy •Rearrange the sections within Title 16 into a more logi-
was published in said newspaper on the following cal arrangement.
dates,to wit; Some of the major changes have been:
•Elimination of a requirement to install electrical con-
duit in all commercial buildings.
May 27, 1999. •Elimination of a requirement to install two spare elec-
trical conduits in every new residence.
•Elimination of numerous electrical requirements which
I certify under penalty of perjury that the foregoing are redundant and are otherwise addressed in the
California Electrical Code.
is true and correct,at Redding, California on the
• Elimination of Chapter 16.14 which adopts the solar
energy code.
27thday of May, 1 f1((1 •Reassignment of requirements for radio and television
M , 1 997 antennas to a Division Policy Manual.
• Elimination of Chapter 16.36.which waives building
code requirements in redevelopment areas.
q
/f;/;'/ •Reassignment of Class'A'roofing requirements in fire
ri/ 6 hazard areas,which are already mandated by State
law,to a Division Policy Manual.
Signature
•Elimination of special construction requirements pro-
hibiting concealed spaces between roof sheathing
and ceilings.
RECORD SEARCHLIGHT •Reassignment
Manf ualow load design criteria to a Divi-
1101 Twin View Blvd.,Redding,California 96003 •Reassignment of special grease trap requirements to a
Division Policy Manual.
• Relocation of Electric Department electrical require-
ments to a separate title which deals with utilities.
•Reorganization of Title 16 into three separate catego-
ries dealing with code adoptions, construction re-
quirements,and development-related fees.
DATED:May 24,1999
May 27,1999 4572595
6 •
SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2246
The following is a summary Report of the City of Redding's Ordinance No. 2246, an
ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 14 by
adding Chapters 14.22 and 14.24 and repealing Redding Municipal Code Title 16 and adding a new
Title 16.
Background:
The State of California Health and Safety Code mandates that all Cities and Counties in California
adopt the 1998 California Building Codes (CBC) on or before July 1, 1999. The City of Redding,
Building and Code Enforcement Division has added two new chapters to Title 14 and rewritten Title
16 of the Redding Municipal Code (RMC) in an effort to comply with this mandate.
Summary:
The intent of the proposed revisions have been to:
• Adopt the 1998 California Building Codes.
• Eliminate amendments to the California Building Codes that are unique to Redding.
• Rearrange the sections within Title 16 into a more logical arrangement.
Some of the major changes have been:
• Elimination of a requirement to install electrical conduit in all commercial buildings.
• Elimination of a requirement to install two spare electrical conduits in every new residence.
• Elimination of numerous electrical requirements which are redundant and are otherwise
addressed in the California Electrical Code.
• Elimination of Chapter 16.14 which adopts the solar energy code..
• Reassignment of requirements for radio and television antennas to a Division Policy Manual
• Elimination of Chapter 16.36 which waives building code requirements in redevelopment
areas.
• Reassignment of Class 'A' roofing requirements in fire hazard areas, which are already
mandated by State law, to a Division Policy Manual.
t_^
•
• Elimination of special construction requirements prohibiting concealed spaces between roof
sheathing and ceilings.
• Reassignment of snow load design criteria to a Division Policy Manual.
• Reassignment of special grease trap requirements to a Division Policy Manual.
• Relocation of Electric Department electrical requirements to a separate title which deals with
utilities.
• Reorganization of Title 16 into three separate categories dealing with code adoptions,
construction requirements, and development-related fees.
Ordinance No. 2246 was introduced and read at a regular meeting of the City Council of the
City of Redding on May 18, 1999, and was duly read and adopted on the 1 s` Day of June, 1999, at
a regular meeting of the City Council by the following vote:
AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
/s/Robert C. Anderson
ROBERT C.ANDERSON,Mayor
Attest: Form Approved:
/s/Connie Strohmayer /s/W. Leonard Wingate
Connie Strohmayer, City Clerk W. Leonard Wingate, City Attorney
A complete copy of Ordinance No.2246 is on file and available for review in the office of the City
Clerk.
DATED: June 2, 1999
11111
In the Superior Court of the State of California
in and for the County of Shasta
CERTIFICATE OF PUBLICATION
SUMMARY OF
No. 2246 OCITY OF REDDING
RDINANCE NO.2246
The following is a summary Report of the City of Red-
ding's Ordinance No. 2246, an ordinance of the City
Public Notice Council of the City of Redding amending Redding Munic-
ipal Code Title 14 by adding Chapters 14.22 and 14.24
and repealing Redding Municipal Code Title 16 and add-
City of Redding ing a new Title 16.
iS)1HHOM SAfi9 A3)I gg£8Lg4
State of California LL48L56661'6eunr
6661'Z
aunf:031y0
County of Shasta •Buw!p 11ewap!s o1 an!1
-5101 teldego Mau ail yl!M
A{!wio;uoo nail ainsue OoAe
of 'slleMap!S pue sloe tS
;o uollonulsuop '010172£1
I hereby certify that the Record Searchlight is a pus 'saoeld 0!lgnd u! se6e
newspaper of general circulati -0ana8 033040°IV "OLO'SZ'OLon within the provisions suo!loas ap03 led
-!olunyj 6ulppad 01 swam uosiapuy pue taAawlyo
of the Government Code of the State of California, -puawe tou!w suleluoa
3oueu!pto out 'uo!1!ppe ul singn,6u$Mopo;out Aq '66'
printed and published in the City of Redding, County pue peat Alnp sem pue'66
.aoueu!pio 0141 ul pan AID eyl Aq peat pue paonpo
of Shasta, State of California; that I am the principal Ino splepuels o!;loads 0141
�Mel
clerk of the printer of said newspaper; that the notice 01{oafgns pue asuaop ales ol Bu!-uo pjlen a sajnoas OauMo lyi0O Heys 10910 A110 0143 pu
of which the annexed clipping is a true printed copy ail 0al;e Aluo inq 'pan0aseq pinoo logooly 'ssau
-!sng 0ein6a0 out ;o °solo 041 04 pefgns you s!0004300
was published in said newspaper on the following eq1 uodn ewe tleMap!s ;ep 9u1 o1 6u1p1o3oe„loeh
0111 woo;panowal eq mom
dates, to wit; seoueualindde pate!° -sls
-ossa 101410 pue 'sellatgwn a u!elulew pue ys!lgelsa 01
'snego 'sane' 'asn wet -u! loalegt slunowe lsaialt
-nelse0 6u!u!olpe ue 111!w ail Aed pue afilegosip o1 pu
June 9 1999. I uogounfuoo u!pe11!wad eq ;o slsoo pe Aed pus efiaeyos
Aluo pinoM Bu!u!p llleMep!s -!ppe 0141 qpm uo!loauuoo u!
'pesodoid sy -swum()sseu pue uo!s!n!p 0e1eM 01411.0 a:
-!snq pue ALadoid Bu!u!of -ana0 1Ue!o114ns eonpold 0111
I certify under penalty of perjury that the foregoing -pe;o sty6u ail Buyoalold 0141 Aq ep!ge pue o1 WJo;uo
pue Aewllew o!lgnd 041 at{140 sl!wil ateiodioo 0111 u
is true and correct, at Redding, California on the uo 55000e ales Euunsul osle
al!yM 6u!ppay uMowMoG
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Signature
RECORD SEARCHLIGHT
1101 Twin View Blvd., Redding, California 96003
RECEIVED
JUN 1 7 1999
PUR. DEPT.