HomeMy WebLinkAboutOrdinance 2128 - Amending Chapter 16.28 ORDINANCE NO. ,2121
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF REDDING AMENDING REDDING MUNICIPAL CODE
CHAPTER 16.28 ENTITLED SWIMMING POOLS.
The City Council of the City of Redding does ordain as follows:
Section 1. Redding Municipal Code Chapter 16 .28 is repealed,
and there is added a new Chapter 16. 28, Swimming Pools, to read as
follows:
Chapter 16.28
SWIMMING POOLS
Sections:
16. 28. 010 Purpose
16.28 . 020 Definitions
16. 28. 030 Barrier Requirements
16. 28 . 040 Barrier Substitute
16.28 . 050 Construction Locations.
16.28.010 Purpose.
The purpose of this chapter is to apply minimum access-barrier
and property-line setback requirements for swimming pools.
16.28.020 Definitions.
For the purpose of this chapter; certain terms and phrases are
defined as follows:
A. Barrier. A fence, wall, building wall, or combination thereof ' �;►
that completely surrounds the swimming pool or property on which
the swimming pool is located and obstructs access to the swimming
pool.
B. Grade. The underlying surface such as earth or a walking
surface. oQ
C. Swimming Pool. Any structure intended for swimming or
recreational bathing that contains water over twenty-four ( 24)
inches in depth, including in-ground, above-ground, and on-ground
swimming pools, hot tubs, and spas, either permanent or portable.
16.28.030 Barrier Requirements.
A. A swimming pool shall be provided with a barrier that complies
with the following standards:
1. The top of the barrier shall be at least sixty ( 60) inches
above grade measured on the side of the barrier which faces
away from the swimming pool. The maximum vertical clearance
between grade and the bottom of the barrier shall be four
( 4) inches measured on the side of the barrier which faces
away from the swimming pool. Where the top of the pool
structure is above grade, such as in an above-ground pool,
the barrier may be at ground level. Where the barrier is
mounted on top of the pool structure, the maximum vertical
clearance between the top of the pool structure and the
bottom of the barrier shall be four (4) inches.
2. Openings in the barrier shall not allow passage of a four-
(4) inch diameter sphere.
3. Solid barriers that do not have openings, such as masonry or
stone walls, shall not contain indentations or protrusions
except for tooled masonry joints.
4. Maximum mesh size for chain link fences shall be one and
three-quarter ( 1Y4) inches square with the minimum wire size
11 gauge.
5. Where the barrier is composed of crossing diagonal members,
such as a lattice fence, or vertical and horizontal members,
such as a wire fence, the maximum opening created by the
crossing members shall not exceed one and three-quarter ( 1314)
inches square.
6. All access gates shall comply with the requirements of Items
1 through 5 above. Gates shall be equipped with a self-
latching device and shall accommodate a lock; gates greater
than four ( 4) feet in width shall be equipped with a lock.
All access gates four ( 4) feet in width or less shall be
self-closing. Where the release mechanism for the self-
latching device is located less than fifty-four ( 54) inches
above grade, the release mechanism shall be located on the
pool side of the barrier, a minimum of three ( 3 ) inches
below the top of the gate; and the gate and barrier shall
have no opening greater than one-half ( 2 ) inch within
eighteen ( 18) inches of the release mechanism.
7 . A spa or hot tub with a lockable cover shall not necessitate
other barriers. Where a lockable cover is not provided, the
spa or hot tub shall comply with the barrier requirements of
this chapter.
B. This chapter does not require provision of barriers to prevent
access to any body of water which is a part of or formed by the
Sacramento River, any natural lake, pond, or watercourse, any
storm-drain facility, or any irrigation canal.
C. For any pool located on the front half of a lot, the fence
required by this chapter shall be a six-foot-high solid
decorative block wall or block post with wood board fence. Posts
shall be a minimum of sixteen ( 16) inches square. Fence plans
shall be submitted with the application to build a pool.
16.28.040 Barrier Substitute.
The Board of Appeals may allow other protective structures or
means to satisfy the barrier requirements of this chapter so long as the
degree of protection afforded by the substitute structures or means is
not less than the protection afforded by the barrier as required by this
chapter. The substitute means may include natural geographic features
such as waterways or topography.
16.28.050 Construction Locations:.
A. Pools in "R" or "U" Districts.
1. In-ground swimming pools shall not be constructed within
thirty ( 30) feet of a front property line; within ten ( 10)
feet of the street-side property line of a corner lot;
within five ( 5) feet of an interior side-yard property line;
or within five ( 5) feet of a rear property line provided
that the pool location shall not preclude the requirement of
any zoning district for a side yard which must maintain ten
( 10) usable feet for the passage of automobiles and
recreational vehicles to the rear of the residential
structure. To maintain usable access to the rear yard, the
setback cannot be obstructed by mechanical or utility
appurtenances for the pool or pool decking in excess of six
( 6) inches above grade. All setbacks shall be measured from
the inside of the pool wall.
All pools shall be set back a minimum of five ( 5) feet from
any residential or accessory structure on the property.
Furthermore, no portion of an in-ground pool shall encroach
into the area created by an imaginary line traversing at a
forty-five ( 45) degree angle away from the bottom of the
foundation of any residential or accessory structure unless
a supporting engineered wall is constructed in conjunction
with the pool.
2. Above-ground pools shall be located on the rear half of the
lot and not closer than ten (10) feet to any side or rear
property line.
3 . Indoor swimming pools shall be considered as part of the
structure and shall meet all applicable setback requirements
appurtenant to the structure.
3
a
4. Filter systems and heating equipment for all pools shall not
be located closer than thirty ( 30) feet to any dwelling
other than the owner' s or shall be enclosed or housed to
attenuate noise levels on abutting properties to within the
standards of the City' s General Plan in a manner approved by
the Planning Department.
B. Pools in "C" or "M" Districts.
1. Pools in commercial districts, for businesses, stall not be
located closer than ten ( 10) feet to any public street or
alley or within five ( 5) feet of any side or rear property
line.
2. Pools in commercial districts, for residential uses other
than motels or hotels, shall meet the same requirements as
required for residential district.
Section 2. The City Council has reviewed and approved the
Negative Declaration, finding that the project has no substantial impact
on the environment and that an environmental impact report is not
necessary.
Section 3. This Ordinance shall take effect 30 days after the
date of its adoption.
Section 4. The City Clerk shall certify to the adoption of
this Ordinance and cause its publication according to law.
I HEREBY CERTIFY that the foregoing Ordinance was introduced and
read by the City Council at a regular meeting on the 16th day of May 11
1995; and was duly read and adopted at a regular meeting on the 6th day
of .Tune 1995, by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, McGeorge, Murray and Kehoe
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
DAVID KEHOE, M or
ATTEST: FORM APPROVED:
ot
CONNIE STR HMAYER, i y Clerk W. LEONARD WIC TE, City Attorney
4
In the Superior Court of the State of California
in and for the County of Shasta
CERTIFICATE OF PUBLICATION
ORDINANCE NO"212'8
AN,OR DINA'"NCE,OF•THE-city-COUNCILtC)F THE•CITY OF
;REDDING AMENDING REDDING MUNICIPALICODE d .'
CHAPTER 1628 ENTITLED SWIMMING,POOLS >.f
212,8 - fi the City Cotinul of the City of Redding does ordain
No- --------- --------- -- -- fauaw5
Suction 1.,R'edtlmg;Mu mapal'Code Chapter 1628 isrepealetl'"
`and the rc 'adde new,Chapter 1'6 28 Sevirr"imi ng Pools To read
Ordinance of the City Council 0pianow5.
------------------------------------ ---------------------------------- ---- Chapter.16 28
-11
SWIMMING POOLS `
City of Redding ,sections
------------------------- 1'6;28:020 Definitions...
1'6.28.030 Barr ier.Regvirements-`
16 28G401BarnertSub'sti to to
,lh'2�050`,Construction Location's
-------------- —-- 16 281010 Purpose � ���. "- .• ;.
rhe pu rposc of This c Geier is.t°apPly minimum access burner
nna Propertyy ine setback requirements for swimming pools
STATE OF CALIFORNIA 16.28;ozo Defmifiion5
55. For the purpose of this chapter,"certain termsand phrases arc
COUNTY OF SHASTA drfined n5 follows
-A ..Burn er.A.fenC e.,wp 11 butlaing wall or.comb i n'at ion
-thefeaf that Comp let
5Uf�0and5 the swl rttm ln9 pool or
a, br°perty;on,,which th"eoswimmin9 pool is`locat tl
ucts gcces, to the swimming pool'
I hereby certify that the Record Searchlight is a obstr
B .Grade The underlyiiiq su"r—
newspaper
fs 'such as earth orb walking
news a er of general circulation within the provisions surfaco
p p 9 P C T$wimmmg.'Pool`Any 5lruciure,"intended Kfor swim'min9 or
rec.oo ibnal bathing,that lcPriairs water=over
-t Nenty four(N)inches in depth including m 9rouna
of the Government Code of the State of California, a6ayc graand:and an groundsswi mining g,gn,,_ooi tubs
printed and published in the City of Redding, County and Spar,either permanent ar.partable ,
'16 28.030 Barrier Requfr Tpri is
;A -A swimming nool,shall he proGided with'"a burner that
complies with the following standortls
of Shasta, State of California; that I am the principal t he top cl the barrier shalJ`be at least• z
sixty (60j finches'-above graae`measuregron the sitle of
the,barrier�which faces awayffrom-thi;swimming�;Pool.
clerk of the printer of said newspaper; that the notice The maximum vertical clearance between grade.qnd--+
the bottom of th0"barrier shall be faur,(41 inches.
which faces dwaY
of which the annexed clipping i5 a true printed copy nnoasurod on the's de of the barrier from iheawimming pool .Where the top,of the pool.
%structure is above grade such as in an"above-ground
was published in said newspaper on the following pool ihebarrier"may be at,grauntl le'velx Where ine
barner;rs mertic6l on toe of;?he;pooI Structu re:`the '
maximum vertical'cle°rancebetween,the top,of The
dates,to wit: POO[struct`6101and the bottom the barrier shat l.be
four,WAnches.
2, Openings inthe>6orner shall'not alldw passage of a-
99 -
- four(4) inch diameter sphere: -
June 14 177 5 3,Solid barriers,that do not have openings:such as,,
---------------'--------- _-------------_-----_ _--- ------ M xrmOrn mesh size lfoor hah'not contain indentations l
ed masonry joints a
n link fences shall be=one
'and three quarter(tY)mchess-_ with the
------- ------------ .minimum Wire srzu9e.`;-
5 'Where the burner is CompoSCd of crossing diti9onol f
members;such as,o lattice fence or ve rtica
horizontal members,such as'a wire fence the
I certify under penalty of perjury that the foregoing maximum opening'created by the crossing members .
=shallrnot'exceed Otie and th ree•qua rt ((,I inched
square._ - - -
6�•AlI OCCess gates shall comply with the requirements of 1 `.I
is true and correct, at Redding, California on the Items 1 tfi'�ough 5 above Gates shall be equipped with II
a self latching device antl shall accomrtiodatea lock
__ d0 Of - - -- ..eq ad�hd hss 5mk be self`clst m tes.f#"shall
14th y Jllne our(v fee
sssssssssss
eee�
All access gates four(4•)feet'
__ - osmg WFiere
--- - -----'-_
.for the self latchm9devtce is
:located•less-than fifi.y four(54)'inche's:atiove grade; -t
95 he release'mechanism shalltealocateii on the pool
'side,of thebarrier,d minimum of three.(3) ruches
-------' t
below theJop of'the gate;and,the gate and barrier.
.shall have•.no oponing•greater.than-one-Half('fi)inch
-w ithineighteen(18)l'inches•of<the,release. echanism
- � ,,A spa or hot tubwiih a,lockaole coverwsnallriot
t 'hecessifate other'barr ors Where a lockobl0 cover is r
:not provided the spa Or hot tud shall comply with the
ri burner raguiremenis of This clic ptcr. T-
B This chapter does;not.require Provis°n of-barriers
'
Signature t•
Sinat°_Prevenaccess toany bodv-of•watar a
wYich is part-
g - of or formedby the'Sacramento_River,=dny:natura flake.
Pond,ot;watercourse,any storm-drain facility or any)
- irrigation conoG
C For-any pool located,on the froni�?half of:a.lot
f°nce required,bv this'-{hapten shall be asix foot High` _
solid decorative,block wall"Or block posvwl tl wood,
boord�fonce:Posts,shall be•a minimum of sixteen(16).,
inches square. Fence plans shall,be submitted with.th.6
RECORD SEARCHLIGHT
i °PPhcation to build a pool '
1628.'041)Barriet:substitute_-,
[he Board of Appeals mayallow other protective stru
hctures or
1101 Twin View Blvd., Redding, California 96003 means to sasfy,the barriec,.rrequirements of,this chapter`so long
as degree of grofecNonxafforded bv�ahe substitute str
meons:is not Ioss', th
than e'.protection afforded�bvtthe admen=as,uct'ures`or'Ii
required�bv.this': chapter.-The substitute {T%Gans may lncludew.
nat�ral'geog raph is featurMSU_Zh as waterways or topogiraphv
16 28 050 ConstcucjionaLocationsA ��Poolsin R'tCor,U ;Districts
I l,n ground5Wlmming" pools shall riot,.be COn51rUCiea .�
wrthm thirty(30)feet Of a front property line
withmttens(10)y feet ofgthegsireet.'--side property line of. � "
° a cornenloi
1 "side ya rdapr6
66 rhy ien intereoer
ne orrwittiinfrve S)'°ft
N rearproperty 1,i ` ovidod_thiat•ih6-,,'- =location%shau - :.r