HomeMy WebLinkAboutOrdinance 2134 - Adding Chapters 18.33, 18.43 ORDINANCE NO. -2
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
ADDING THE FOLLOWING CHAPTERS TO THE REDDING
MUNICIPAL CODE: 18.33 ENTITLED OS OPEN SPACE DISTRICT, AND
18.43 ENTITLED OS-I OPEN SPACE COMBINING DISTRICT.
The City Council of the City of Redding does ordain as follows:
Section 1. There are hereby added to the Redding Municipal Code Chapters 18.33, OS
Open Space District, and 18.43, OS-1 Open Space Combining District, which are to read as set forth
in Exhibits A and B respectively attached hereto and made a part hereof.
Section 2. This ordinance shall take effect 30 days after the date of its adoption.
Section 3. 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 5th day of septembe1995; and was duly read and adopted at
a regular meeting on the 19th day of September, 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
AVID A. OE, Mayo
ATTEST: FORM APPROVED:
�
X-)
CONNIE STR HMAYER, ty Clerk W. LEONARD WINGA , City Attorney
• • CHAPTER 18.33
EN
Sections:
EX IT
18.33.010 Purpose.
18.33.020 Applicability.
18.33.030 Definitions.
18.33.040 Permitted Uses.
18.33.050 Prohibited Uses.
18.33.010 Purpose. open space as defined in Sections 18.33.030(C),
(D), and (E).
Open-space lands are essentially unimproved
areas of land or water whose use is designated 18.33.030 Definitions
for open-space purposes as defined in Section
18.33.030(A) below. In accordance with State A. Open Space Land. Open-space land is any
Government Code Article 10.5, Open Space parcel or area of land or water which is
Lands, the City recognizes open-space land essentially unimproved and devoted to open-
through its Conservation and Open Space space use as follows:
Element as a limited and valuable resource
which must be conserved and protected 1. Creeks, rivers, ponds, and areas within
wherever possible to promote the general the 100-year floodplain of a stream,
welfare and protect the public interest. Open- creek, or river as established by the
space lands within the City function to reduce Federal Emergency Management Agency
the impacts of urbanization, enhance the unique and/or hydrology study accepted by the
character of the community, maintain its scenic City.
beauty, preserve its natural resources, and 2. Riparian habitat.
protect the public from flood, fire, and other
hazards which may result from unrestricted use 3. Fire-risk and other natural hazard areas.
of the land.
4. Areas with steep slope exceeding twenty
In accordance with Government Code Section (20) percent and other unstable soil
65910, the Open Space ("OS") District is areas.
established to further implement the goals and
objectives of the Conservation and Open Space 5. Areas having scenic, historic,
Element. The Open Space District serves as a archaeological, and/or cultural value.
land-use management tool by providing
standards which identify and protect lands which 6. Buffers to separate incompatible land
have been restricted for open-space purposes and uses.
designated as public or private open-space 7. Other open-space land uses as described
easement or public open space as defined in
Section 18.33.030 below. by the Conservation and Open Space
Element of the General Plan or as
18.33.020 Applicability defined by the State in Government
Code Section 65560(b), incorporated by
Areas which may be suitable for inclusion in the reference herein, and as amended from
"OS" District include land or water which is time to time.
essentially unimproved, whose use has been
restricted for any of the open-space purposes as B. Open Space Easement. As defined in
defined in Section 18.33.030(A) and placed in Government Code Section 51075(D), open-
public or private open-space easement, or public space easement is any right or interest in
• CHAPTER 18.33
J
open-space land acquired by the City by approved by the Fire Marshal and
map or separate instrument which imposes Development Services Director or which has
restrictions that effectively preserves for been authorized by the subdivision
public and/or private use or enjoyment the conditions of approval.
unimproved, natural, or scenic character of
such open-space land. C. Uses consistent with those reserved at the
time the land was designated for open-space
C. Public Open Space Easement. An open- purposes or where a necessary public
space easement upon land over which the dedication or easement has been obtained
public has obtained an easement for open- (e.g., roads, fire access, utilities, recreation
space purposes whereupon the public has areas, and improved trails).
the right to use of the property.
D. Maintenance of existing public
D. Private Open Space Easement. An open- improvements.
space easement upon an area of private
property that is set aside for open-space E. Other similar activities as approved by the
purposes whereupon the public does not Planning Commission or City Council
have a right to access or use of the (e.g., forestry, reseeding, underground
property. utility lines).
E. Public Open Space. Land owned by the 18.33.050 Prohibited Uses.
City in fee which has been set aside for
open-space purposes where upon the public Unless otherwise provided for by law, the
has the right to access and use of the following uses are prohibited within the
"OS" District:
property.
F. Use. For the purpose of this chapter, use A. Construction or placement of buildings or
of open space refers to activities which do other structures.
not directly or indirectly alter the B. Fencing or other similar obstructions.
natural/unimproved state of the open-space
land. Such activities would include hiking, C. Grading or filling of the open-space land.
walking, picnicking, bird watching, and
similar harmless activities. Use of open D. Removal or cutting of trees and other
space does not include camping. vegetation, except as provided for in Section
18.33.040B.
18.33.040 Permitted Uses.
Unless otherwise provided for by law or E. Storage.
restricted at the time the land is designated for F. Dumping of refuse, debris, or hazardous or
open-space purposes, the following uses are toxic materials.
permitted within public and private open space
in the "OS" District: G. Operation of motorized vehicles.
A. Use of the property which does not alter its H. Farming, gardening, or other activities
natural/unimproved state. This would involving soil cultivation.
include, but not be limited to, hiking, I. Camping.
walking, picnicking, bird watching, and
similar harmless activities. J. Other uses which damage or alter the
B. Fire-hazard abatement adjacent to character of the open-space land.■
combustible structures which has been
• .. � • CHAPTER 18.43
Sections:
18.43.010 Purpose.
18.43.020 Applicability.
18.43.030 Permitted Uses.
18.43.040 Uses Requiring a Use Permit.
18.43.010 Purpose. 18.43.030 Permitted Uses.
The purpose of the Improved Open Space A. Uses permitted outright in the Open Space
("OS-I") District is to: District.
A. Provide regulations which will permit more B. Publicly and privately owned parks, golf
intensive uses of open-space land than are courses, playgrounds, recreation areas, and
allowed in the Open Space District. picnic areas, excepting buildings,structures,
and parking areas thereon.
B. Ensure the ability of publicly and privately
owned open space to provide for the 18.43.040 Uses Requiring a Use Permit.
recreational needs of City residents.
Building, structures, and parking areas for uses
C. Ensure that recreation areas blend permitted above.■
harmoniously with and are complementary
to adjacent land uses.
18.43.020 Applicability
The regulations set forth in this chapter shall
apply in all Open Space Districts with which
"I" Districts are combined.
EXHIBIT
0
In the Superior Court of the State of California
in and for the County of Shasta
--------------------
CERTIFICATE OF PUBLICATION
--------------------
{ •' --iv: : r .•ORDINANCE NO.2134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
No. 2134 .REDDINGrADDING THE FOLLOWING CHAPTERS TO THE
'REDDING;-MUNICIPAL ,CODE: 18.33 ENTITLED OS 'OPEN
SPACE_ DISTRICT, AND 18.43 ENTITLED'-OS-I OPEN SPACE
' - COMBINING DISTRICT. '- '
The City Council of the City of Redding does ordain as follows:
( section 1.There are hereby added,to the Redding Municipal Code
Ordinance of the City Council Chapters 18.33, OS 'Open Space District, and 18.43, OS-1 Open;
(,.Space -Combining District, which,are to'�read as set forth in
I Exhibits A.and B respectively attached.hereto and made'a part
hereof. ' `r t i
Section 2. This ordinance shall take'effect 30 days after the
date of its adoption.
CaliforniaSection 3. The City Clerk shall certify to the adoption.oUthis 11
State of Cordinance and cause its:publicatio6 according to law.
" I HEREBY ,CERTIFY that' the'foregoing ordinance.' was
Count of Shasta introduced and read by'the City.Council at a,regular meeting on
Y :;the-5tK day of September, 1995;and was duly read and adopted at
a.regular meeting ori the 19th day..of.September,'1995, by-4ne-
following vote:
AYES: - COUNCIL MEMBERS: P.Anderson,R.Anderson,
I hereby certify that the Record Searchlight is a McGeorge,Murray and Kehoe.
i NOES: COUNCIL MEMBERS: None
newspaper of general circulation Within the provisions ABSENT: -COUNCIL MEMBERS: None
ABSTAIN: COUNCIL'MEMBERS: None
of the Government Code of the State of California, /s/David A:Kehoe
I
printed and published ire the City of Redding,County '.-DAVID A}KEHOE,Mayor.
ATTEST: r FORM APPROVED:
/s/Connie Strohmayer /s/W:Leonard Wingate
of Shasta,State of California;that I am the principal CONNIE STROHMAYER,' W.LEONARD WINGATE., - ! t
City Clerk - .City Attorney
clerk of the printer of said newspaper;that the notice sections:.
of which the annexed clipping is a true printed copy 18.33.010.Purpose.
)"18.33.020 Applicability.
18.33.030 Definitions.-• '
was published in said newspaper on the following 118.33.040 Permitted Uses. .: r
dates,t0 Wit; 18 33.050'P;rohibited-Uses.
1 .
:18:33:010 Purpose. :
Open-space lands are essentially unimproved areas of•land'or
September 2 1995 water whose use is designated for open-space Purposes as defined l
-in Section 18.33.030(A) below. In accordancewithState Govern-P
ment Cade-Article 10.5,,-Open Spoce Lands; the City recognizes Q,
.0
pen-space land through its Conservation.and Open' Space II
Element as.a limited.-and valuable resource which must; be
i conserved and protected wherever possible to promote.the general
I certify under penalty of perjury that the forgoing welfare and Protect the Public interest. Open-space lands within
the City function to reduce the impacts of urbanization,.enhance
is true and correct,at Redding,California on the the unique character of,the'community, maintain itsscenic
bea uty, preserve-its natural resources;-and Protect the Public i
from flood, fire, and other hazards which may result from
unrestricted•use ofthe land.'
:waccordance with Government Code Seclion65910, the Open
Space("OS") District is established to further implement the goals
and obiectives•ofthe Conservation and Open Space Element.The e
27th day of September, 1995. Open.Space District serves as a land-use management tool`by l
Providing standards whichidentify•and Protect lands which have
- been restricted for open-space purposes and designated as public
0r private open-space eakment or Public Open?space as defined in ,l
.Section 18.33.0301,below. it
18._33.020 Applicability (
Areas which may besuitablefor inclusion"in the"OS'District I
include land or water which is.'essentially"unimproved,whose use 3
has been restricted for any of the open-space-purposes as defined !
in Section 18;33.030(A)'and Placed in public or private open-space
(`easement,or public open.space as defined in.Sections 18.33.030(C)'-
Sigh lire ! (0);and(E).
18.33.030 Definitions
A. Open Spacer Land. Open-space,land is any parcek or area of
land or water which is essentially unimproved and devoted to
Open-space use as follows:
1. Creeks, rivers; "Ponds, and areas within the 100-year
RECORD SEARCIILI --floodplain of a stream; creek, or river as established.by
the .Federal Emergency Management Agency and/or
1101 Twin View Blvd.,Redding,Californ2.
ia 96003 Ripariaan study accepted by the city.
I!�� -- -Riparin habitat. •
II ,.3_ Fire-risk.and other natural hazard areas': ,.
4. -Areas with steep slope exceeding twenty (20) Percent and
other unstable soil areas.
5 Areas-having scenic, historic, archaeological, -and/or
cultural value.
6 Buffers to separate incompatible land uses.
7 Other open-space landusesasdescribed by the Conserva-
tion'and Open Space Element of the General Plan or.as
• defined by the State in Government C6de.Secti6n65560(b),
.'incorporated.by reference herein, and as amended from
time to'time. `
B. Open Space Easement:As defined in Government Code Section
51075(D),open-space easement is any right.or interest in open- !
I- space' land acquired- by the City by map or separate
instrument which imposeslrestrictions that effectively pre-
.serves for public and/or .private useOr, enioyment
unimproved, natural,.or scenic character of such open-space''
'land. .
c. Public Open Space Easement. An open-space easement upon
land over which the Public has obtained an easement for open-'1
space purposes whereupon the Public'nas the right to use of