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HomeMy WebLinkAboutTitle 18 - Zoning Code (1986-1992)• Title 18 ZONING` Chapters: 18.02 General Provisions 18.04 Definitions 18.06 Districts Established 18.07 Density Bonus 18.08 Single-family Residential (R-1) District 18.10 Duplex Residential (R-2) District 18.12 Multiple -family Residential (R-3) District 18.14 Combining District—R-3 District 18.16 Multiple -family Residential (R-4) District 18.18 Combining District—R-4 District 18.19 Multiple -family (RM) Districts 18.20 Office (C -O) District • 18.22 Neighborhood Commercial (C-1) District 18.24 Central Commercial (C-2) District 18.26 Heavy Commercial and Light Industrial (C-3) District 18.27 Limited Service Commercial (C-6) District 18.28 Retail Core Commercial (C-4) District 18.30 Industrial (M-2) District 18.32 Unclassified (U) District 18.33 Open Space (OS) District) 18.34 Planned Industrial (PI) District 18.35 Specific Plan (SP) ,Combining District 18.36 Planned Development (PD) District 18.37 Special Agricultural (A) Combining District 18.38 N Combining District 18.40 RT Combining District NOTE: Footnotes are numbered throughout the text and are located at the end of this • title. 607 (Redding 9-96) ZONING • 18.42 CT Combining District 18.43 Open Space (OS -1) Combining District 18.44 ST Combining District 18.45 AA Combining District -Accessory Apartments 18.46 F Combining District -Site Plan Review 18.47 FP Floodplain Combining District 18.48 Airport Approach Zones 18.49 Home Occupations 18.51 Administrative Use Permits 18.52 Height Limits 18.53 Adult Entertainment 18.54 Building Site Area 18.55 Trash Container Enclosures 18.56 Yards 18.58 Nonconformances 18.60 Board of Administrative Review 18.62 Off-street Parking and Loading Regulations 18.63 Surface Mining and Reclamation 18.64 Environmental Review 18.65 Tree Preservation 18.66 Official Plan Lines 18.68 Mobile Homes and Travel Trailers 18.70 Use Permits 18.71 Animal Permits 18.72 Variances 18.73 Zoning Exceptions 18.74 Appeals 18.76 Revocation/Expiration of Permit or Variance 18.78 Amendments 18.80 Enforcement 18.90 Signs • (Redding 9-96) 608 GENERAL PROVISIONS • Chapter 18.02 GENERAL PROVISIONS Sections: 18.02.010 Purpose—Plan adoption. 18.02.020 Interpretation and applicability. 18.02.010 Purpose—Plan adoption. A. There is adopted a zoning or districting plan. B. The purpose of this title is to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare. C. The zoning or districting plan effectuated by this title is a part of the master plan and consists of the establishment of various districts, including all the territory within the boundaries of the city, within which the use of land and buildings, the space for buildings, open space around buildings and the height and bulk of buildings are regulated. • D. No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this title and all other ordinances, laws and maps referred to in this title. E. The provisions of this title shall apply to the city and also to all cities, counties, districts, state and federal government or any agency of such governmental units where permitted by law. (Prior code § 30-2.) 18.02.020 Interpretation and applicability. When interpreting and applying the provisions of this title, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically provided in this title, it is not intended by the adoption of this title to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinance, or any rules, 0 609 (Redding 10-86) ZONING is regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvement, nor is it intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that in cases in which this title imposes a greater restriction, upon the erection, construction, establishment, moving, alteration or enlargement of buildings or the use of any such building or premises in the several districts or any of them than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, then in such case the provisions of this title shall control. (Prior code § 30-22.) Chapter 18.04 DEFINITIONS • Sections: 18.04.010 Generally. 18.04.020 Accessory building. 18.04.030 Accessory use. 18.04.040 Alley. 18.04.050 Amusement park. 18.04.060 Apartment. 18.04.070 Apartment house. 18.04.080 Appurtenant sign. 18.04.090 Automobile court. 18.04.100 Automobile trailer. 18.04.110 Automobile trailer park. 18.04.120 Automobile wrecking yards. 18.04.130 Basement. 18.04.135 Bed and breakfast inn. 18.04.140 Block. 18.04.150 Boardinghouse or roominghouse. 18.04.160 Building. 18.04.170 Building coverage. (Redding 10-86) 610 • DEFINITIONS • 18.04.180 Building height. t. 18.04.190 Building site. 18.04.200 Business. 18.04.210 Charitable institution. 18.04.220 Church. 18.04.230 City council. 18.04.240 Club. 18.04.250 Combining district. 18.04.260 Convalescent hospital or home. 18.04.270 Covered parking space. 18.04.280 District. 18.04.290 Dwelling. 18.04.300 Dwelling group. 18.04.310 Dwelling, multiple. 18.04.320 Dwelling, single-family. 18.04.330 Dwelling, two-family or duplex. 18.04.340 Dwelling unit. 18.04.350 Erected. 18.04.360 Family. 18.04.370 Floor area, gross. • 18.04.380 Floor area, net. 18.04.390 Garage or carport. 18.04.400 Grade. 18.04.410 Hospital or sanitarium. 18.04.420 Hotel or motel. 18.04.430 Junkyard. 18.04.440 Kitchen. 18.04.450 Loading space. 18.04.460 Lot. 18.04.470 Lot area. 18.04.480 Lot, corner. 18.04.490 Lot, double frontage. 18.04.500 Lot, interior. 18.04.510 Lot, key. 18.04.520 Lot line, front. 18.04.530 Lot line, rear. 18.04.540 Lot line, side. 18.04.550 Lot, reversed corner. 18.04.560 Nonconforming structure. 18.04.570 Nonconforming use. 611 ZONING 18.04.580 Occupancy, change. 18.04.590 Occupied. 18.04.600 Parking space. 18.04.610 Person. 18.04.620 Personal service. 18.04.630 Plan lines. 18.04.640 Planning commission. 18.04.650 Professional office. 18.04.660 Public parking area. 18.04.670 Room. 18.04.680 School, elementary or high. 18.04.690 Story. 18.04.700 Story, half. 18.04.710 Street. 18.04.720 Street line. 18.04.730 Structural alterations. 18.04.740 Structure. 18.04.750 Trailer court. 18.04.760 Use. 18.04.770 Use, accessory. • 18.04.780 Yard. 18.04.790 Yard, front. 18.04.800 Yard, rear. 18.04.810 Yard, side. 18.04.010 Generally. For the purpose of this title, certain terms used in this title are defined as set forth in this chapter. (Prior code § 30-1 (part).) 18.04.020 Accessory building. "Accessory building" means a detached or attached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located on the same lot with the main building or use. (Prior code § 30-1(2).) 612 '• DEFINITIONS S18.04.030 Accessory use. "Accessory use" means a use naturally and normally incidental to or subordinate to the main use of the premises. (Prior code § 30-1(1). ) 18.04.040 Alley. "Alley" means a public way permanently reserved as a secondary means of access to abutting property. (Prior code § 30-1(4).) 18.04.050 Amusement park. "Amusement park" means any place of amusement open to the public not conducted wholly within a completely enclosed building. (Prior code § 30-1(5).) 18.04.060 Apartment. • "Apartment" means a room or suite of rooms occupied or suitable for occupancy as a residence for one family. (Prior code § 30-1(6).) 18.04.070 Apartment house. "Apartment house" means the same as "multiple dwelling." (Prior code § 30-1(7).) 18.04.080 Appurtenant sign. "Appurtenant sign" means a sign incidental, appropriate and subordinate to a permitted use of the lot or building upon which the sign is located. (Prior code § 30-1(3).) 18.04.090 Automobile court. "Automobile court" means a group of two or more detached or semi-detached buildings containing guest rooms or apartments with automobile storage space serving the rooms or apartments provided in connection therewith, which group is 0 613 (Redding 10-86) ZONING designed and used primarily for the accommodation of transient automobile travelers. (Prior code § 30-1(8).) 18.04. 100 Automobile trailer. "Automobile trailer" means any building or structure used for living or sleeping purposes and equipped with wheels or other means to facilitate movement from place to place and vehicles when used for living or sleeping purposes. (Prior code § 30-1(9).) 18.04.110 Automobile trailer park. "Automobile trailer park" means any lot or parcel of land used for the accommodation of one or more automobile trailers occupied as living quarters. (Prior code § 30-1(10).) 18.04.120 Automobile wrecking yards. "Automobile wrecking yards" means any lot or parcel of • land used for the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts, unless conducted wholly within an entirely enclosed building. (Prior code § 30-1(11).) 18.04.130 Basement. "Basement" means a space wholly or partly underground and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above grade at any point, the basement shall be considered a story. (Prior code § 30-1(12).) 18.04.135 Bed and breakfast inn. A. "Bed and breakfast inn" means an owner -occupied single- family residence with rooms located in the main residence which are maintained for the purpose of providing overnight (Redding 10-86) 614 0 DEFINITIONS • sleeping accommodations for paying guests; in -room kitchen facilities are not provided; and the maximum length of stay for guests is limited to five consecutive days. B. Bed and breakfast establishments shall be considered the same as a "motel," "hotel," or "boarding house" in zoning districts listing motels, hotels, and boarding houses as permitted outright or by use permit and shall comply with all conditions and property development standards ap- plicable to said uses or use permit. (Ord. 1756 § 1, 1986.) 18.04.140 Block. "Block" means all property fronting upon one side of a street between intersecting and intercepting streets, or between a street and waterway, end of dead-end street or city boundary. • 0 614-1 (Redding 10-86) DEFINITIONS • An intercepting street shall determine only the bounds of the P g Y boundary block on the side of the street which it intercepts. (Prior code § 30-1(13).) 18.04.150 Boardinghouse or roominghouse. "Boardinghouse or roominghouse" means a dwelling having only one kitchen and used for the purpose of providing meals or lodging or both meals and lodging for pay or compensation of any kind, computed by day, week or month, to persons other than the family occupying the dwelling. (Prior code § 30-1(14).) 18.04.160 Budding. "Building" means any structure having a roof rupported by columns or by walls and designed for the shelter or housing of any person, animal or chattel, including any underground shelter or similar use. (Prior code § 30-1(15).) • 18.04.170 Building coverage. "Building coverage" means the sum in square feet of the areas of the horizontal projections of all buildings on a lot, excluding open pergolas, steps, chimneys, eaves, buttresses, cornices, unenclosed and unroofed terraces and minor ornamental features projecting from the walls of the building, which features are not directly supported by the ground. (Prior code § 30-1(16).) 18.04.180 Building height. "Building height" means the vertical distance from the "grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. (Prior code § 30-1(17).) 18.04.190 Building site. "Building site" means a lot or parcel of land, in single or 0 615 ZONING joint ownership, and occupied or to be occupied by a main building and accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title and having its principal frontage on a "street," as defined in this chapter. (Prior code § 30-1(18).) 18.04.200 Business. "Business" means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit, or the ownership or management of office buildings, offices, recreational or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services. (Prior code § 30-1(19).) 18.04.210 Charitable institution. "Charitable institution" means any nonprofit organization • to administer charity, consistent with existing laws, for the benefit of an indefinite number of persons, by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life or by erecting or maintaining public buildings or works, or otherwise lessening the burden of government. (Prior code § 30-1(20).) 18.04.220 Church. "Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. (Prior code § 30-1(21).) 18.04.230 City council. "City council" means the city council of the city. (Prior code § 30-1(22).) • 616 DEFINITIONS • 18.04.240 Club. "Club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business. (Prior code § 30-1(23).) 18.04.250 Combining district. "Combining district" means any district in which the general district regulations are combined with those of another district for the purpose of adding additional special regulations. (Prior code § 30-1(24).) 18.04.260 Convalescent hospital or home. "Convalescent hospital or home" means the same as "rest home." (Prior code § 30-1(25).) is 18.04.270 Covered parking space. "Covered parking space." means an accessible and usable covered space of not less than ten by twenty feet for storage of automobiles; such covered parking space to be so located on the lot as to meet the requirements of this title for an accessory building, or if attached to the main building, to be so located as to meet all the requirements of this title for a main building. (Prior code § 30-1(25.1).) 18.04.280 District. "District" means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this title. (Prior code § 30-1(26).) 18.04.290 Dwelling. "Dwelling" means any building, or portion thereof, which is used as the private residence or sleeping place of one or more • 617 ZONING human beings, but not including hotels, clubs or boardinghouses or any institution such as an asylum, hospital or jail where human beings are housed by reason of illness or under legal restraint. (Prior code § 30-1(27).) 18.04.300 Dwelling group. "Dwelling group" means a group of two or more detached or semi-detached one -family, two-family or multiple dwellings occupying a parcel of land, in one ownership and having any yard or court in common, but not including automobile courts. (Prior code § 30-1(32).) 18.04.310 Dwelling, multiple. "Multiple dwelling" means a building, or portion thereof, used and designed as a residence for three or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats, but not including automobile courts. (Prior code § • 30-1(30).) 18.04.320 Dwelling, single-family. "Single-family dwelling" means a building containing only one kitchen, designed for or used to house not more than one family, including all domestic employees of the family. (Prior code § 30-1(28).) 18.04.330 Dwelling, two-family or duplex. "Two-family dwelling or duplex" means a building containing not more than two kitchens designed exclusively for occupancy by two families living independently of each other, including all domestic employees of each family. (Prior code § 30-1(29).) 18.04.340 Dwelling unit. "Dwelling unit" means one or more rooms in a dwelling, 618 0 DEFINITIONS • apartment house or apartment hotel designed for occupancy by one family for living or sleeping purposes and having not more than one kitchen. (Prior code § 30-1(31).) 18.04.350 Erected. "Erected" includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for the building. Excavations, fill drainage and the like shall be considered a part of the erection. (Prior code § 30-1(33).) 18.04.360 Family. "Family" means an individual or two or more persons occupying a dwelling and living together as a single nonprofit housekeeping unit. (Ord. 1756 § 2, 1986.) 18.04.370 Floor area, gross. is "Gross floor area" means the total interior floor area of all stories of a building or structure, including basements, as well as aboveground stories. (Prior code § 30-1(35).) 18.04.380 Floor area, net. "Net floor area" means the total of all portions of interior floor area of each floor, basement, attic or other area under roof, excepting portions thereof used solely for corridors, balconies, employee lounge, elevator shafts, stairways, restrooms, closets, vaults, storage areas, climatic control areas, janitorial storage areas, parking or loading areas. The following areas shall be included within net floor area: A. Lobbies of banks, financial or lending institutions; B. Outdoor uncovered retail sales areas, excepting plant nurseries and auto sales lots; C. Waiting rooms used by the public in connection with offices, professional offices and similar establishments. (Prior code § 30-1(36).) 0 619 (Redding 10-86) ZONING U 18.04.390 Garage or carport. "Garage or carport" means an accessible and usable covered space of not less than ten by twenty feet for storage of automobiles. (Prior code § 30-1(37).) 18.04.400 Grade. "Grade" (ground level) means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk. (Prior code § 30-1(38).) 18.04.4 10 Hospital or sanitarium. "Hospital or sanitarium" means any institution, place, building or agency which maintains and operates organized facilities for the diagnosis, care or treatment of human illness, including convalescence, and including care during and after pregnancy; or which maintains and operates organized facilities • for any such purpose and to which persons may be admitted for overnight stay or longer. "Hospital" includes nursing home, maternity home and lying-in asylum. (Prior code § 30-1(39).) 18.04.420 Hotel or motel. "Hotel or motel" means a building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guest rooms, and in which no provision is made for cooking in more than fifty percent of the individual rooms or suites. (Prior code § 30-1(40).) 18.04.430 Junkyard. "Junkyard" means a place where any of the following described materials are collected, stored or placed, except where the use or activity is conducted wholly within a completely enclosed building including the following: A. The collection, storage or placing of worn out, discarded or (Redding 10-86) 620 0 DEFINITIONS • scrapped goods or materials that may be turned to some use, such as rope, chains, iron, copper, furniture, stoves, enamelware, paper, rags, bottles, used pipes, used machinery, parts of dismantled machinery or vehicles; B. The collection, storage or placing of any used material, other than gems, precious metal or material containing precious metal, having a value which is determined wholly by the weight thereof; C. The collection, storage or placing of any used material, other than gems, precious metal or material containing precious metal, which has no ordinarily practical use in the form in which it exists when so collected, stored or placed. (Prior code § 30-1(41).) 18.04.440 Kitchen. "Kitchen" means a room for cooking or preparation of food. (Prior code § 30-1(42).) • 18.04.450 Loading space. "Loading space" means an off-street space or berth on the same lot within a building or contiguous to a group of buildings for the temporary parking of a vehicle while loading or unloading merchandise or materials or people and which abuts on a street, service drive, alley or other appropriate means of access. (Prior code § 30-1(43).) 18.04.460 Lot. "Lot" means a parcel of real property as shown with a separate and distinct number or letter on a plot recorded or filed with the recorder of the county or parcel of real property with an average width of not less than sixty feet, the depth, shape and area approved by the planning commission and abutting upon at least one public street. No parcel of real property with street frontage of less than twenty feet on a public street shall be considered a lot. This provision shall not apply to lots recorded prior to the adoption of Ordinance No. 498. (Prior code § 30-1(44).) 0 621 ZONING 18.04.470 Lot area. • "Lot area" means the total horizontal area within the lot lines of a lot. (Prior code § 30-1(45).) 18.04.480 Lot, corner. "Corner lot" means a lot or parcel of land situated at the intersection of two or more streets, having an angle of intersection of not more than one hundred thirty-five degrees. (Prior code § 30-1(46).) 18.04.490 Lot, double frontage. "Double frontage lot" means a lot having frontage on two streets. (Prior code § 30-1(47).) 18.04.500 Lot, interior. "Interior lot" means a lot which is not a corner lot. (Prior code § 30-1(48).) is 18.04.510 Lot, key. "Key lot" means the first lot to the rear of a reversed corner lot whether or not separated by an alley. (Prior code § 30-1(49).) 18.04.520 Lot line, front. "Front lot line" means the property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line, and the shorter street frontage shall be considered the front lot line. (Prior code § 30-1(51).) 18.04.530 Lot line, rear. "Rear lot line" means the line opposite the front lot line. (Prior code § 30-1(52).) 622 0 DEFINITIONS 18.04.540 Lot line, side. "Side lot line" means any lot lines other than front lot lines or rear lot lines. (Prior code § 30-1(53).) 18.04.550 Lot, reversed corner. "Reversed corner lot" means a corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear. (Prior code § 30-1(50).) 18.04.560 Nonconforming structure. "Nonconforming structure" means a structure or portion thereof lawfully existing at the time this title became effective and which was designed, erected or structurally altered for a use which does not conform to the use of the zone in which it is located, or which does not comply with all the height and area regulations of the zone in which it is located. (Prior code § 30-1(54).) • 18.04.570 Nonconforming use. "Nonconforming use" means a use of a structure or land existing at the time of the adoption of this title which does not conform to the regulations for the zone in which it is located, as set forth in this title. (Pr for code § 30-1(55).) 18.04.580 Occupancy, change. "Change of occupancy" means a discontinuance of an existing use and the substitution therefor of a use of a different Idnd or class. (Prior code § 30-1(56).) 18.04.590 Occupied. "Occupied" means arranged, designed, built, altered, converted, rented or leased or intended to be occupied. (Prior code § 30-1(57).) 40 623 ZONING LJ 18.04.600 Parking space. "Parking space" means an accessible and usable space on the building site at least eight and one-half by twenty feet located off the street with access for the parking of automobiles. (Prior code § 30-1(58).) 18.04.610 Person. "Person" also includes association, firm, copartnership or corporation. (Prior code § 30-1(59).) 18.04.620 Personal service. "Personal service" means services such as those of barber, beautician or cosmetologist; interior decorator not providing upholstery or repair services on the premises, nor providing articles for sale on the premises; photographic. studio and studios and schools of the arts, music and the dance. (Prior code § 30-1(60).) 18.04.630 Plan lines. • "Plan lines" means official lines established by law in accordance with the master street and highway plan of the city for the purpose of establishing the width of public streets in accordance with their projected design as provided in the master street and highway plan of the city. Buildings or other structures erected thereafter must be located outside the lines establishing the width of public streets and alleys. (Prior code § 30-1.1.) 18.04.640 Planning commission. "Planning commission" means the city planning commission. (Prior code § 30-1(62).) 18.04.650 Professional office. "Professional office" means offices, professional offices, studios and clinics as follows: 624 • DEFINITIONS • Accountant, bookkeeper, income tax consultant, advertiser, appraiser, draftsman, attorney, architect, landscape architect, engineer, surveyor, credit agency, collection agency, finance company, stock and bond broker, correspondence or secretarial service, physician, denstist, chiropodist, chiropractor, psychologist, optometrist, social worker, insurance, real estate, title insurance or travel agency, offices of governmental, charitable, cultural, educational, recreational and social organizations. (Prior code § 30-1(61).) 18.04.660 Public parking area. "Public parking area" means an open area, other than a street, used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers. (Prior code § 30-1(63).) 4018.04.670 Room. "Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, hallways and service porches. (Prior code § 30-1(64).) 18.04.680 School, elementary or high. "Elementary or high school" means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state. High schools include junior and senior. (Prior code § 30-1(65).) 18.04.690 Story. "Story" means that part of any building included between the surface of any floor and the surface of the next floor or of the roof next above. (Prior code § 30-1(66).) 0 625 ZONING 18.04.700 Story, half. "Half story" means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it. (Prior code § 30-1(67). 18.04.710 Street. "Street" means a public thoroughfare which affords principal means of access to a block and to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley as defined in this chapter. (Prior code § 30-1(68).) 18.04.720 Street line. "Street line" means the boundary between a street and property. (Prior code § 30-1(69).) 18.04.730 Structural alterations. • "Strucural alterations" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders. (Prior code § 30-1(71).) 18.04.740 Structure. "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground or under the ground. (Prior code § 30-1(70).) 18.04.750 Trailer court. "Trailer court" means land or premises used or intended to be used, let or rented for occupancy by or of trailers or movable dwellings, rooms or sleeping quarters of any kind. (Prior code § 30-1(72).) 626 • DEFINITIONS is 18.04.760 Use. "Use" means the purpose for which land or premises of a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained. (Prior code § 30-1(73).) 18.04.770 Use, accessory. "Accessory use" means a use incidental and accessory to the principal use of a lot or a building located on the same lot. (Prior code § 30-1(74).) 18.04.780 Yard. "Yard" means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in Chapter 18.56. (Prior code § 30-1(75).) • 18.04.790 Yard, front. "Front yard" means a yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest line of the building; provided, that if any building line or official plan line has been established for the street upon which the lot faces, then the measurement shall be taken from the building line or official plan line to the nearest line of the building. (Prior code § 30-1(76).) 18.04.800 Yard, rear. "Rear yard" means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. (Prior code § 30-1(77).) 18.04.810 Yard, side. "Side yard" means a yard between the side line of the lot and the nearest line of the buildng and extending from the front line of the lot to the rear yard. (Prior code § 30-1(78).) • 627 ZONING Chapter 18.06 is DISTRICTS ESTABLISHED Sections: 18.06.010 Designated. 18.06.020 Zoning map. 18.06.030 Building lines established. 18.06.010 Designated. The several districts established are as follows: A. Single-family residential district or R-1 district; B. Duplex residential district or R-2 district; C. Restricted multiple -family residential district or R-3 district; D. Multiple -family residential district or R-4 district; E. Office district or C-0 district; F. Neighborhood commercial district or C-1 district; G. Central commercial district or C-2 district; H. Heavy commercial and light industrial district or C-3 • district; I. Retail commercial core district or C-4 district; J. Planned development district or PD district; K. Planned industrial district or PI district; L. Industrial district or M-2 district; M. Unclassified district or U district; N. Combining district or B district; O. Combining district or F district; P. Combining district or RT district; Q. Combining district or ST district; R. Combining district or CT district. (Prior code § 30-3(l).) 18.06.020 Zoning map. The designations, locations and boundaries of the districts established are delineated upon the map entitled "Zoning Map of the City of Redding, California," dated March 19, 1956, which map and all notations and information thereon are made a part of this chapter by reference. Any land within the 628 0 • • • DENSITY BONUS_ incorporated limits of the city, now or in the future, and not designated or indicated on the zoning map, shall be in the unclassified or U district; also, any land hereafter annexed to the city shall, upon annexation, be in the unclassified or U district until given another classification. (Prior code § 30-3(2).) 18.06.030 Building lines established. Building lines are established for the purposes of measuring yard dimensions and determining building locations. The building lines are indicated on the zoning map adopted in Section 18.06.020. Building lines shall be measured from the property line and all required yards shall be measured from any established building lines; provided, however, that if any official plan line is established for any street as a part of a street and highway master plan, yards shall be measured from the official plan line. (Prior code § 30- 3(3).) Chapter 18.07 DENSITY BONUS Sections: 18.07.010 Purpose. 18.07.020 Definitions. 18.07.030 Implementation. 18.07.040 Application. 18.07.050 Additional incentives. 18.07.060 Requirements for participation. 18.07.070 Exclusions. 629 (Redding 6-91) ZONING • 18.07.010 Purpose. This chapter is intended to establish policies which facilitate the development of affordable housing to serve a variety of economic needs within the city. In order to encourage the provision for lower and very low-income housing, the city shall provide to developers/property owners who agree to meet the requirements which are established by this chapter a density bonus and additional incentives if it is found that it is necessary for affordability, or provide other incentives of equivalent financial value. The regulations set forth in this chapter shall apply city-wide. (Ord. 1933 § 1 (part), 1990.) 18.07.020 Definitions. As used in this chapter, unless the context otherwise requires: A. "Affordability" is determined by the economic feasibility to construct lower-income housing in the proposed development. B. "Affordable housing" means housing costs as defined in Section 5005.2 of the Health and Safety Code, or rents at qualifying levels for lower-income or very low-income house- holds. C. "Density bonus" as defined by State of California Government Code Section 65915, et seq., is an increased density of at least twenty-five percent over the maximum authorized density which is granted to a developer/property owner of a housing project agreeing to construct a prescribed percentage of lower- income units. D. "Equivalent financial value" refers to the cost to the developer/ property owner based on the land cost per dwelling unit. This is determined by the difference in the value of the land with and without the density bonus. E. "Lower and very low-income households" are defined by income limits published by the State Department of Housing and Community Development. This applies to both for -rent and for -sale housing. (Ord. 1933 § 1 (part), 1990.) (Redding 6-91) 630 0 ODENSITY BONUS 18.07.030 Implementation. A. In accordance with Government Code Section 65915, et seq., city council shall grant either (1) a density bonus and an additional concession or incentive, unless determined unnecessary for affordability, or (2) provide an incentive of equivalent financial value. The increase in density must be at least twenty-five percent over the maximum density authorized by the city General Plan. B. In order to qualify for this bonus a housing project must consist of five or more dwelling units and meet one or more of the following criteria: 1. At least twenty percent of the total units allowed by the maximum permitted density are designated for lower- income households as defined in Section 50079.5 of the Health and Safety Code; or 2. At least ten percent of the total units allowed by the • maximum permitted density are designated for very low- income households as defined in Section 50105 of the Health and Safety Code; or 3. At least fifty percent of the total units allowed by the maximum permitted density are designated for senior citizens. C. To be eligible for a density bonus, the developer/property owner must sign a binding agreement with the city which sets forth the conditions and guidelines to be met in the implementation of the density bonus law requirements. The agreement will also establish specific compliance standards and remedies available to the city upon failure by the developer/pro- perty owner to make units accessible to intended households. (Ord. 1933 § 1 (part), 1990.) • 18.07.040 Application. A. In order to apply for a density bonus, the developer/property owner shall submit to the city a written proposal for a project 630a (Rodding 6-91) ZONING • pursuant to this chapter. If appropriate, the application shall be submitted in conjunction with a subdivision application or a use permit application. Otherwise, the application shall be submitted prior to application for a building permit. The proposal shall specify the number, type, location, size of housing units, and a construction schedule. B. The written proposal shall consist of adequate information to determine the project cost per unit of the proposed develop- ment. This will include, but not be limited to, capital costs, equity investment, debt service, projected revenues, operating expenses, or other information requested by the city. C. The city shall, within ninety days of receipt of a written proposal, notify the developer/property owner in writing of whether it shall: 1. Grant a density bonus; and 2. Grant additional concessions or incentives; or find that additional incentives are not necessary for affordability; • or 3. Provide other incentives of equal financial value. (Ord. 1933 § l (part), 1990.) 18.07.050 Additional incentives. The city shall grant additional concessions or incentives to the developer/property owner if it is found that the project with the proposed lower-income units would not be feasible without said incentives. Such concessions could include: A. A modification of development standards pertaining to build- ing height, open space, lot size requirements, street access, off- street parking, landscaping, fencing, or off-site improvements; B. Approval of mixed-use zoning within the housing development, such as allowing nonresidential use along with residential. Such allowance shall only be permitted if it is consistent with the city General Plan; C. Additional density bonus up to ten percent; (Redding 6-91) 630b • DENSITY BONUS D. Reduction of development fees, not including connection charges. (Ord. 1933 § 1 (part), 1990.) 18.07.060 Requirements for participation. In order for a developer/property owner to participate in the program and be eligible for the incentives, the following requirements must be met: A. The developer/property owner shall set aside each month, at the completion of the project, the number of units which are designated for lower or very low-income households. A unit will be counted toward meeting the set-aside requirement if it is either vacant or occupied by a lower or very low-income tenant or a senior citizen. B. The target units must be compatible in floor plan, furnishings, • and exterior design to nondesignated units. Further, the target units must be reasonably dispersed throughout the develop- ment. C. The time period of availability to the intended population shall be: with additional incentive, thirty years; without additional incentive, ten years. D. The maximum allowable rents to comply with the law are determined by a formula designated by the State Department of Housing and Community Development based on the area medium income. E. Houses for sale must be affordable to lower or very low- income households as defined by income limits established by the State Department of Housing and Community Develop- ment. F. The developer/property owner must provide to the department of planning and community development a yearly accounting of the total units occupied, the total units vacant, the total units occupied by lower or very low-income households, and the 630e (Redding 6-91) ZONING • total by which the units set aside fell short of the required number of units (default units). (Ord. 1933 § 1 (part), 1990.) 18.07.070 Exclusions. Section 18.19.095 of this code provides a one hundred percent density bonus for senior citizen housing in the "RM" zoning district. This chapter shall not be deemed to provide an additional density bonus above that provided in Section 18.19.095. (Ord. 1933 § 1 (part), 1990.) Chapter 18.08 SINGLE-FAMILY RESIDENTIAL (R-1) DISTRICT • Sections: 18.08.010 Generally. 18.08.020 Permitted uses. 18.08.030 Uses requiring use permit. 18.08.040 Height. 18.08.050 Site area. 18.08.060 Lot coverage. 18.08.070 Yards. 18.08.010 Generally. The regulations set forth in this chapter shall apply in all R-1 districts and shall be subject to the provisions of Chapters 18.50 through 18.62. (Prior code § 30-4 (part).) 18.08.020 Permitted uses. Uses permitted shall be as follows: (Redding 6-91) 630d iSINGLE-FAMILY RESIDENTIAL (R-1) DISTRICT A. Single-family dwellings; B. One accessory building only if constructed simultaneously with or subsequent to the main building on the same lot; C. Accessory uses normally incidental to single-family residences. This is not to be construed as permitting any commercial uses, including the storage or parking of commercial vehicles. (Ord. 1946 § 1 (part), 1991; prior code § 304(1).) 18.08.030 Uses requiring use permit. Uses permitted, subject to obtaining a use permit in each case, shall be as follows: A. Churches, public or parochial schools, parks, playgrounds, public utility and quasi -public buildings and uses; B. Crop and tree fanning; C. Public or private parking lots for automobiles when adjacent D. • to any "C" or "M" district; Second single-family residence on a building site when an existing single-family residence has been constructed on the rear one-half of the building site prior to the adoption of this title; E. An occupation carried on by the occupant of a dwelling for compensation as a secondary use in connection with which there is no display, no advertising signs, no stock -in -trade, nor commodity sold upon the premises, no person employed, and the activity is one which is customarily incidental to and not inconsistent with the use of the premises as a dwelling; F. Bed -and -breakfast establishments, providing the minimum conditions specified are met. The planning commission may apply additional or more restrictive conditions as it deems necessary to ensure that such establishments are compatible with the surrounding neighborhood by taking into • 630e (Redding 6-91) ,7 • • • SINGLE-FAMILY RESIDENTIAL (R-1) DISTRICT consideration such things as neighborhood and lot characteristics, parking availability, etc. 1. Establishments shall contain no more than three guest rooms. Adult occupancy shall not exceed two adults per room, but in no case shall the number of guests at any establishment exceed five. 2. The establishment shall be occupied by the owner of the property. 3. The establishment shall not have more than one kitchen and meals shall be served only to overnight guests. 4. Two off-street parking spaces shall be provided for the residence. No parking shall be allowed in the front -yard setback except within a driveway leading to a garage or a parking area behind the required frontyard setback. 5. No signs shall be permitted. 6. Each guest room shall contain a fire extinguisher and a smoke detector. 7. The establishment shall meet the requirements of the • Shasta County health department. No use permit shall be issued prior to obtaining clearance from that depart- ment. 8. The use is subject to review at any time and can be revoked after a hearing and finding by the planning commission that the use has become detrimental to the surrounding neighborhood, as provided for in Chapter 18.76 of this code. 9. The required use permit shall be issued for a period not to exceed two years and may be renewed if a review of the use determines that the establishment has not ad- versely affected the neighborhood. 10. Use permits issued for bed and breakfast establishments shall not be transferrable. (Ord. 1756 § 3, 1986.) 18.08.040 Height. Building height limit shall be as follows: A. For dwellings, maximum thirty feet; 0 630-1 (Redding 10-86) i SINGLE-FAMILY RESIDENTIAL (R-1) DISTRICT B. For accessory buildings, maximum twenty feet. (Prior code § 30-4(3).) 18.08.050 Site area. Building site area required for each dwelling shall be a minimum of six thousand square feet and minimum width of sixty feet on interior lots; minimum of seven thousand square feet and minimum width of seventy feet on corner lots. In no case shall there be more than one single-family dwelling on any one building site. (See subsection D of Section 18.08.030 and Chapter 18.54 for exceptions). Any recorded lot shall be considered a single building site. (Prior code § 30-4(4).) 18.08.060 Lot coverage. Percentage of lot coverage permitted for aggregate building coverage shall be a maximum of forty percent of lot area. (Prior code 30-4(5).) 18.08.070 Yards. Minimum yards required shall be as follows: A. Front yards shall be a minimum of twenty feet, unless otherwise indicated on the zoning map, and a maximum of thirty-five feet shall be permitted unless greater maximum is authorized by use permit, but in no case shall structures be erected closer than forty-five feet from the centerline of any street; provided, that where twenty-five percent or more of the lots fronting on one side of a street in a block have been improved with buildings, the minimum front yard required shall be the average of the existing front yards for the improved lots, unless average is more than twenty feet. B. Side yards shall be five feet to foundation line on inside lot lines, seven and one-half feet on the street side of a corner lot; provided, that the side yard on the rear one-quarter of the street side of a corner lot, where there is reversed frontage shall not be less than the front yard required or existing on the adjacent reversed frontage; and provided further, that the side yard on any lot with an average width 0 631 ZONING of forty feet or less shall be a minimum of ten percent of the lot width, but in no case less than three feet. No eave, bay, chimney or other architectural feature shall extend more than two feet into any required side yard. On interior lots without alley access, one side yard shall have a minimum width of ten usable feet for the passage of automobiles and recreational vehicles. C. Rear yards required shall be a minimum of fifteen feet. D. Upon approval of the planning commission the maximum allowance from setback on building sites of more than one hundred feet in width may be increased not to exceed fifty percent of the lot depth. (Prior code § 30-4(6).) Chapter 18.10 DUPLEX RESIDENTIAL (R-2) DISTRICT Sections: • 18.10.010 Generally. 18.10.020 Permitted uses. 18.10.030 Uses requiring use permit. 18.10.040 Height. 18.10.050 Site area. 18.10.060 Lot coverage. 18.10.070 Yards. 18.10.010 Generally. The regulations set out in this chapter shall apply in all R-2 districts and shall be subject to the provisions of Chapters 18.50 through 18.62. (Prior code § 30-5 (part).) 18.10.020 Permitted uses. Uses permitted shall be as follows: A. Single-family dwellings; B. Two-family dwellings or duplexes (single structure); 632 0 • DUPLEX RESIDENTIAL (R-2) DISTRICT C. Accessory buildings and uses normally incidental to single- family and duplex residences. This is not to be construed as permitting any commercial uses, including the storage or parking of commercial vehicles; D. One sign not over four square feet in area and unlighted, pertaining only to the sale, lease or rental of the property upon which the sign is to be located. (Prior code § 30-5(1).) 18.10.030 Uses requiring use permit. Uses permitted subject to obtaining a use permit in each case shall be as follows: A. Churches, public or parochial schools, parks, playgrounds, public utility and public and quasi -public buildings and uses; B. Crop and tree farming; • C. Public or private parking lots for automobiles when adjacent to any C or M district; D. Second single-family residence on a building site where an existing single-family residence has been constructed on the rear one-half of the building site prior to the adoption of this title; E. An occupation carried on by the occupant of a dwelling, for compensation, as a secondary use in connection with which there is no display, no advertising signs, no stock in trade, nor commodity sold upon the premises, no person employed, and the activity is one which is customarily incidental to and not inconsistent with the use of the premises as a dwelling. (Ord. 1946 § 1 (part), 1991; prior code § 30-5(2).) 18.10.040 Height. Building height limit shall be as follows: A. For dwellings, maximum thirty feet; B. For accessory buildings, maximum twenty feet. (Prior code § 30-5(3).) 633 (Redding 6-91) ZONING • 18.10.050 Site area. Building site area required for each dwelling, minimum of six thousand square feet and minimum width of sixty feet on interior lots; minimum of seven thousand square feet and minimum width of seventy feet on comer lots. In no case shall there be more than one single-family dwelling or one duplex on any one building site. (Prior code § 30-5(4).) 18.10.060 Lot coverage. Percentage of lot coverage permitted for aggregate building coverage, maximum fifty percent of lot area. (Prior code § 30-5(5).) 18.10.070 Yards. Minimum yards required shall be as follows: A. Front yards shall be a minimum of twenty feet, unless • otherwise indicated on the zoning map, and a maximum of thirty-five feet shall be permitted, unless greater maximum is authorized by use permit, but in no case shall structures be erected closer than forty-five feet from the centerline of any street; provided, that where twenty-five percent or more of the lots fronting on one side of a street in a block have been improved with buildings, the minimum front yard required shall be the average of the existing front yards for such improved lots unless such average is more than twenty feet. B. Side yards shall be a minimum five feet to foundation line to inside lot lines, seven and one-half feet on the street side of comer lots; provided, that the side yard on the rear one-quarter of the street side of a comer lot, where there is reversed front- age, shall not be less than the front yard required or existing on the adjacent reversed frontage; and provided further, that the side yard on any lot with an average width of forty feet or less shall be a minimum of ten percent of the lot width, but in no case less than three feet. No cave, bay, chimney or other architectural feature shall extend more than two feet into any (Redding 6-91) 634 11 • MULTI -FAMILY RESIDENTIAL (R-3) DISTRICT required side yard. On interior lots without alley access, one side yard shall have a minimum width of ten usable feet for the passage of automobiles and recreational vehicles. C. Rear yards required, minimum of fifteen feet. (Prior code § 30-5(6).) Chapter 18.12 MULTI -FAMILY RESIDENTIAL (R-3) DISTRICT Sections: 18.12.010 Generally. 18.12.020 Permitted uses. 18.12.030 Uses requiring use permit. • 18.12.040 18.12.050 Height. Area and lot coverage. 18.12.060 Yards and setbacks. • 18.12.010 Generally. The regulations set forth in this chapter shall apply in all R-3 districts and shall be subject to the provisions of Chapters 18.50 through 18.62. (Prior code § 30-6(part).) 18.12.020 Permitted uses. Uses permitted shall be as follows: A. Single-family dwelling or duplex; B. Multiple -family dwelling; C. Accessory buildings normally incidental to multiple -family buildings. (Ord. 1946 § 1 (part), 1991; prior code § 30-6(l).) 635 (Redding 6-91) ZONING 18.12.030 Uses requiring use permit. Uses permitted subject to obtaining a use permit shall be as follows: A. Dwelling groups, condominiums, cooperative apartments, churches, public or parochial schools, playgrounds or public buildings; B. Public or private parking lot for automobiles when adjacent to any C district; C. Accessory uses and buildings normally incidental to any of the above uses listed in this section; D. An occupation carried on by the occupant of a dwelling, for compensation, as a secondary use in connection with which there is no display, no advertising signs, no stock in trade, nor commodity sold upon the premises, no person employed and the activity is one which is customarily incidental to and not inconsistent with the use of the premises as a dwelling. (Ord. 1946 § 1 (part), 1991; prior code § 30-6(2).) 18.12.040 Height. Building height limit shall be as follows: A. For main buildings the maximum height limit shall be two stories, provided that greater height may be permitted subject to obtaining a use permit. Where this district is combined with the "F" site plan review district, the maximum building height shall be as specified in the site plan criteria. B. For accessory buildings, the maximum height limit shall be one story. (Prior code § 30-6(3).) 18.12.050 Area and lot coverage. Area and lot coverage shall be as follows: A. For each building or dwelling group there shall be a minimum of six thousand square feet, and a minimum width of sixty feet • (Redding 6-91) 636 0 • MULTI -FAMILY RESIDENTIAL (R-3) DISTRICT s i on interior lots, and there shall be a minimum of seven thousand square feet and a minimum width of seventy feet on comer lots. B. For each dwelling unit there shall be a minimum of one 636-1 (Redding 6-91) • MULTIPLE -FAMILY RESIDENTIAL (R-3) DISTRICT thousand square feet of land area; provided, that where this district is combined with a combining district in Chapter 18.14, the requirements of the combining district shall apply. C. The total percentage of a lot which may be covered by buildings and accessory buildings shall be sixty percent. (Prior code § 30-6(4).) 18.12.060 Yards and setbacks. Yards and setbacks shall be as follows: A. The minimum front yard setback shall be fifteen feet, unless otherwise indicated on the zoning map, and structures shall not be erected closer than forty feet from the centerline of any street. B. The minimum side yard shall be five feet on inside lot lines, seven and one-half feet on the street side of a corner lot; provided, that the side yard on the rear one-quarter of the • street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage; and provided further, that the side yard on any lot with an average width of forty feet or less shall be a minimum of three feet. No eave, bay, chimney or other architectural feature shall extend closer to the side lot line than three feet. On interior lots without alley access, one side yard shall have a minimum width of ten usable feet for the passage of automobiles and recreational vehicles. C. The minimum rear yard shall be fifteen feet. D. One-story main buildings shall not be closer than ten feet to another main building, not closer than six feet from an accessory structure or parking space, and a two-story main building shall not be closer than fifteen feet to any other main building, and not closer than six feet from an accessory structure or parking space. Main buildings and accessory structures shall not be closer than five feet to any alley. Where building heights greater than two stories are permitted by use permit, the minimum distance between main buildings shall be increased an additional five feet for each story in excess of two. • (Prior code § 30-6(5).) 637 (Redding 5-86) ZONING r] L Chapter 18.14 COMBINING DISTRICT — R-3 DISTRICT Sections: 18.14.010 Designated. 18.14.010 Designated. The regulations set out in this chapter shall apply in lieu of the building site area requirement in subsection B of Section 18.12.050 of the R-3 multiple -family district when the R=3 district is combined with one of the combining districts listed below: Density Factor In Combining (maximum number of Designation dwelling units permitted) — 15 One dwelling per 1,500 sq. ft. of land area —20 One dwelling per 2,000 sq. ft. of land area —25 One dwelling per 2,500 sq. ft. of land area • —30 One dwelling per 3,000 sq. ft. of land area —40 One dwelling per 4,000 sq. ft. of land area (Prior code § 30-6.1.) Chapter 18.16 MULTIPLE -FAMILY RESIDENTIAL (R-4) DISTRICT Sections: 18.16.010 Purpose. 18.16.020 Permitted uses. 18.16.030 Uses requiring use permit. 18.16.040 Height. 18.16.050 Area and lot coverage. 18.16.060 Yards—Requirements. 18.16.070 Landscaping. 18.16.080 Fencing. • (Redding 5-86) 638 • MULTIPLE -FAMILY RESIDENTIAL (R-4) DISTRICT 18.16.090 Parking and driveway cuts. 18.16.100 Trash enclosures. 18.16.110 Utilities. 18.16.010 Purpose. The R-4 district shall be subject to the provisions of Chapters 18.50 through 18.62, as well as to all other provisions of this title not in conflict with the specific provisions applicable to R-4 districts. Among the purposes for establishing the R-4 district is classification of land under the following circumstances: A. As a transitional district between R and C districts, as a classification for small single or multiple land ownerships, systematically applied where appropriate throughout the city; B. As an appropriate district for the encouragement of multi- family residential construction; • C. As an appropriate district for the encouragement of office building construction; and D. To meet the goals and policies of the Redding general plan. (Ord. 1755 § 1 (part), 1986.) 18.16.020 Permitted uses. Permitted uses shall be as follows: A. Single-family dwelling or duplex; B. Multiple -family dwelling; C. Accessory buildings normally incidental to multiple -family dwellings. This is not to be construed as permitting any commercial uses, including the storage or parking of commercial vehicles. (Ord. 1946 § 1 (part), 1991; Ord. 1755 § 1 (part), 1986.) 18.16.030 Uses requiring use permit. The following uses may be permitted in an R-4 district, sub- ject to obtaining a use permit in each case: • 639 (Rodding 6-91) ZONING • A. Professional offices; B. Dwelling groups, condominiums, cooperative apartments, churches, public or parochial schools, playgrounds or public buildings; C. Public or private parking lot for automobiles when adjacent to any C district; D. Accessory uses and buildings normally incidental to any of the above; E. An occupation carried on by the occupant of a dwelling, for compensation, as a secondary use in connection with which there is no display, no advertising signs, no stock -in -trade, no commodity sold upon the premises, no person employed, and the activity is one which is customarily incidental to and not inconsistent with the use of the premises as a dwelling; F. Community centers, social halls, lodges, clubs and rest homes; G. Motels without restaurants or lounges provided the establishment shall be adjacent to a state highway. • (Ord. 1946 § 1 (part), 1991; Ord. 1755 § 1 (part), 1986.) 18.16.040 Height. A. In the R-4 district, a maximum building height of forty feet above natural ground level for a main structure and fifteen feet above natural ground level for an accessory structure shall be permitted. B. When adjacent to a single-family or duplex residential district, the building height shall be limited to one story in height within thirty feet of the adjoining property line. (Ord. 1755 § 1 (part), 1986.) (Redding 6-91) 640 0 • MULTIPLE -FAMILY RESIDENTIAL (R-4) DISTRICT 18.16.050 Area and lot coverage. A. For an interior lot, there shall be a minimum lot area of seven thousand square feet, and a minimum frontage on a dedicated public street of seventy feet, except that, where a lot fronts on a cul-de-sac, a minimum frontage of fifty feet shall be permitted. B. On a corner lot, there shall be a minimum lot area of eight thousand square feet, and there shall be a minimum frontage on a dedicated street of at least eighty feet. C. For each dwelling unit, there shall be a minimum of two thousand square feet of land area; provided, that where this district is combined with a combining district in Section 18.18.010, the requirements of the combining district shall apply. (Ord. 1755 § 1 (part), 1986.) 18.16.060 Yards—Requirements. A. Front yard setback shall be a minimum of fifteen feet; S provided, that the setback provisions in this section shall apply when the R-4 district designation is combined with one of the combining districts listed below: Combining Designation Front Yard Setback Required -20 20 feet -25 25 feet -30 30 feet. B. Five foot side yard setbacks shall be required for all uses except that, where a side yard is adjacent to a dedicated public street, the side yard setback shall be ten feet; and except that, where the side of the building site is adjacent to an alley of not more than twenty feet in width, no structure shall be erected closer than sixteen feet from the centerline of the adjacent alley; where a side yard is adja- cent to a single-family or duplex residential district, the side yard setback shall be ten feet; for structures greater than thirty feet in height, the side yard setback shall be a minimum of ten feet. On interior lots without alley access, 0 641 (Redding 5-86) ZONING • one side yard shall have a minimum width of ten usable feet for the passage of automobiles and recreational vehicles. C. Ten foot rear yard setbacks shall be required for all uses, except for structures greater than thirty feet in height, in which case the rear yard setback shall be fifteen feet. D. Main buildings shall not be closer than ten feet to another main building, nor closer than six feet from an accessory structure or parking space. Main buildings and accessory structures shall not be closer than six feet to any alley. Where building heights greater than two-story are proposed, the minimum distance between main buildings shall be in- creased an additional five feet for each story in excess of two. (Ord. 1755 § 1 (part), 1986.) 18.16.070 Landscaping. All street frontages, exclusive of driveways and sidewalks, shall be bordered by a planter area of not less than ten feet in • depth. Landscaping within the planter shall consist primarily of living plant materials. All planter areas shall be served by a sprinkler system designed to provide complete coverage. Where adjoining public sidewalks are less than nine feet in width, minimum fifteen -gallon street trees shall be planted in all street planters at thirty-foot intervals. The minimum landscaped area on any site shall not be less than fifteen percent of the gross site area. Planters adjoining vehicular traffic areas shall be protected by concrete curbs or equivalent. Adjacent to any residential district, a five foot wide planter shall be provided. Adjacent to any residential area, evergreen shrubs that will grow to six feet in height shall be planted for one-story structures. Where build- ings will exceed one story in height, evergreen trees shall be planted at sufficient intervals to protect the privacy of adjacent residential properties. Prior to the issuance of any building permit, the landscaping plan shall be approved by the planning director. The area between parking lots and residential districts shall be planted with hedge -type plants with trees intermingled at thirty-foot intervals. (Ord. 1755 § 1 (part), 1986.) (Redding 5-86) 642 0 • MULTIPLE -FAMILY RESIDENTIAL (R-4) DISTRICT 18.16.080 Fencing. A. Where a building site in an R-4 district abuts an R district along an interior lot line of the district abutted, a condi- tion to the permitted or conditional use of the building site shall be the construction of a block post with wood insert (or equivalent) fence; an equivalent fence shall be approved by the planning department. B. The fence or wall shall be constructed to a height not less than five feet and not more than six feet above the natural ground level to serve as a suitable screen to separate the con- flicting uses. The fence or wall shall not be required along that portion of the interior lot line of the abutted or adja- cent R district property located within the front yard of the R district lot, nor along that portion of the lot line where structures or buildings are built to the abutting property line. C. All fences shall be compatible with buildings on the site. (Ord. 1755 § 1 (part), 1986.) 18.16.090 Parking and driveway cuts. A. Off-street parking shall not be permitted within ten feet of any street property line. B. On corner lots, drive cuts shall not be located closer than twenty feet to the beginning of a normal twenty -foot radius corner rounding; where a corner rounding does not exist, a twenty -foot radius corner rounding shall be dedicated to the city as a condition of a building permit, unless such require- ment is waived by the director of public works. (Ord. 1755 § I (part), 1986.) 18.16.100 Trash enclosures. All trash containers shall be enclosed within a solid wood or block enclosure with a four -inch concrete floor. The enclo- sure shall be located a minimum distance of twenty feet from any street property line and shall be directly accessible from the main parking lot driveway or an alley. Off-street vehicle parking shall not be located in front of any trash enclosure. Trash • 642-1 (Redding 5-86) ZONING r� enclosures shall be architecturally compatible with the building on the site or any fence on the property. (Ord. 1755 § 1 (part), 1986.) 18.16.110 Utilities. Electric, telephone and cable television utilities shall be located underground. (Ord. 1755 § 1 (part), 1986.) Chapter 18.18 COMBINING DISTRICT—R-4 DISTRICT Sections: 18.18.010 Designated. 18.18.010 Designated. The regulations set out in this chapter shall apply in lieu of the building site area requirement in subsection C of Section • 18.16.050 of the R-4 multiple -family residential district when the R-4 district is combined with one of the combining districts listed below: Density Factor In Combining (Maximum number of Designation dwelling units permitted) -25 One dwelling per 2,500 sq. ft. of land area -30 One dwelling per 3,000 sq. ft. of land area -40 One dwelling per 4,000 sq. ft. of land area (Ord. 2755 § 2, 1986: Ord. 1200 § 1 (part), 1975: prior code § 30-7.1.) (Redding 5-86) 642-2 • • MULTIPLE -FAMILY (RM) DISTRICTS Chapter 18.19 MULTIPLE -FAMILY (RM) DISTRICTS Sections: 18.19.010 Generally. 18.19.020 Purpose. 18.19.030 Permitted uses. 18.19.040 Uses requiring use permit. 18.19.050 Prohibited uses. 18.19.060 Maximum densities permitted. 18.19.070 Bedroom determination. 18.19.080 Mixed types. 18.19.090 Determining density of single housing type. 18.19.095 Determining density in senior citizen projects. 18.19.100 Mixed apartment types. • 18.19.110 18.19.120 18.19.130 18.19.140 18.19.150 18.19.160 18.19.170 18.19.180 r� Checking calculations. Open space requirements. Yards. Height. Distance between buildings. Lot area and street frontage. Off-street parking. Access and site plan review. 18.19.010 Generally. The following shall apply to all R -M districts and, unless excepted in this chapter, shall be subject to the provisions of Chapters 18.50 through 18.62. A. RM -6 Low density multiple -family residential district — Density per two bedroom dwelling unit: 1. Maximum six dwelling units per gross acre; 2. Maximum eight dwelling units per net acre; 3. Minimum 5,400 square feet per dwelling unit. 642-2a (Redding 6-91) ZONING See Section 18.19.060, Table One for minimum lot areas for dwelling units for all bedroom sizes. B. RM -9 Medium -low density multiple -family residential district — Density per two bedroom dwelling unit: 1. Maximum nine dwelling units per gross acre; 2. Maximum twelve dwelling units per net acre; 3. Minimum 3,600 square feet per dwelling unit. See Section 18.19.060, Table Two for minimum lot area for dwelling units of all bedroom sizes. C. RM -12 Medium density multiple -family residential district — Density per two bedroom dwelling unit: 1. Maximum twelve dwelling units per gross acre; 2. Maximum sixteen dwelling units per net acre; 3. Minimum 2,700 square feet per dwelling unit. See Section 18.19.060, Table Three for minimum lot area for dwelling units of all bedroom sizes. D. RM -18 Medium-high density multiple -family residential district — Density per two bedroom dwelling unit: 1. Maximum eighteen dwelling units per gross acre, 2. Maximum twenty-four dwelling units per net acre; 3. Minimum 1,800 square feet per dwelling unit. See Section 18.19.060, Table Four for minimum lot area for dwelling units of all bedroom sizes. E. RM -24 High density multiple -family residential district — Density per two bedroom dwelling unit: 1. Maximum twenty-four dwelling units per gross acre; 2. Maximum thirty-two dwelling units per net acre; 3. Minimum 1,350 square feet per dwelling unit. See Section 18.19.060, Table Five for minimum lot area for dwelling units of all bedroom sizes. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2 (part).) 18.19.020 Purpose. The purpose of the RM districts is: • (Redding 6-91) 642-2b 0 • • MULTIPLE -FAMILY (RM) DISTRICTS A. To establish sites and appropriate property development standards for low, medium -low, medium, medium-high and high density residential development. Where housing densities of six, nine, twelve, eighteen and twenty-four dwelling units per gross acre are available, to translate those residential density elements of the city's general plan into specific zoning districts; B. In certain designated sectors of the city, to permit multiple - family developments which are consistent with growth policies of the city and which blend such multiple -family housing developments into the overall fabric of the city in a compatible and environmentally acceptable manner with other adjacent land uses and zoning districts; C. To recognize the need for differences in property develop- ment standards in hilly terrain from those appropriate for development on level land; D. To determine dwelling unit densities through a combination of the number of bedrooms, people and automobiles which are intended to occupy a given parcel of land containing a specific land area. The property development standards of the several RM districts are designed to recognize the wide variety of lot and parcel sizes which are devoted to multiple -family housing use. To recognize the differences in the impact on land and the environment resulting from the 6142-2c (Redding 6-91) C • • MULTIPLE -FAMILY (RM) DISTRICTS development of varying size and type of dwelling units. For example, an efficiency or one -bedroom dwelling unit, as part of a housing complex for the elderly, consumes less and, generates fewer people, automobiles and traffic, places fewer demands on schools, parks and public services than does a three, four or five -bedroom dwelling unit designed for family living; E. It is not the intent or purpose of the several RM districts to dictate the type of multiple -family housing which may be developed on a given parcel of RM zoned land. That choice rests with the property owner, provided the standards set forth in this chapter are met. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(1).) 18.19.030 Permitted uses. Within any RM multiple -family residential district, no building, structure or premises shall be used or designed to be used, erected, structurally altered or enlarged, except for one or • more of the following uses: A. Any use permitted by right in any more restrictive residential district; B. Apartment buildings containing four or fewer dwelling units; C. Accessory uses, normal to a residential development, including garages and off-street parking facilities for use of on-site residences and their guests; D. Recreation facilities, both indoor and outdoor, for use of on-site residences and their guests. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(2).) 18.19.040 Uses requiring use permit. When authorized under the procedures set forth in Section 18.70.020, the following uses may be permitted in any RM district: A. Apartment buildings containing five or more dwelling units, including dwelling groups; provided, that no single apartment building shall house more than eight dwelling units; 0 642-3 (Redding 8-15-77) ZONING • B. Boarding and roominghouses; C. Condominiums; D. Day care centers; E. Elderly housing developments, publicly or privately sponsored, of both congregate or noncongregate types; F. Hospitals, clinics, sanitariums, rest homes, nursing homes, and like medical care facilities; G. Neighborhood centers and facilities; H. Nursery schools; 1. Parks, public; J. Religious institutions; K. Schools, public or private; L. Housing developments designed for the elderly which contain twenty-five or more dwelling units may have, within the development, a facility for the sale of books, newspapers, magazines, gifts, sundry and personal care items; provided however; that such facility shall be contained totally within an enclosed building and shall have no sign or other outdoor advertising message calling attention to such facility which is viewable from any • exterior perspective off the property; M. Accessory uses and buildings normally incidental to any of the above; N. An occupation carried on by the occupant of a dwelling, for compensation, as a secondary use in connection with which there is no display, no advertising signs, no stock in trade, no commodity sold upon the premises, no person employed and the activity is one which is customarily incidental to and not inconsistent with the use of the premises as a dwelling; O. Conversion of single or two-family dwellings into multiple; P. Buildings or structures in excess of two stories in height. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(3).) 18.19.050 Prohibited uses. Nonresidential uses, other than those permitted by right or by use permit, shall be prohibited in all RM districts. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(4).) (Redding 8-15-77) 642-4 0 MULTIPLE -FAMILY (RM) DISTRICTS • 18.19.060 Maximum densities permitted. The maximum density permitted in each of the RM districts is established after consideration of the property's geographic features, utility access, the neighborhood and the general plan. The maximum density permitted in each of the RM districts is expressed in the maximum number of dwelling units permitted based on the net area of the lot. The ordinance codified herein is structured to convert the density shown on the general plan from gross to net area. The maximum number of dwelling units is based on the following formulas for the types of units proposed: A. Nonmixed Units. For projects in which all units have the same number of bedrooms, the maximum density is de- termined by first dividing the net area of the lot by the following factor for the applicable zoning district: District One Unit Per RM -6 6,000 square feet of land area RM -9 4,000 square feet of land area • RM -12 3,000 square feet of land area RM -18 2,000 square feet of land area RM -24 1,500 square feet of land area The result is then multiplied by the following to deter- mine the maximum number of units by type of unit for a parcel: Type of Unit Multiplier One bedroom and studio 1.30 Two bedroom 1.00 Three bedroom 0.80 Four bedroom 0.70 The results are then rounded to the nearest whole number. For example, the number of two-bedroom units permitted on a 10,000 square -foot parcel zoned RM -12 is 3 0 642-5 (Redding 5-86) ZONING (10,000: 3,000 x 1 = 3.3 = 3). As another example, the number of one -bedroom units on a 11,000 square -foot par- cel is 5 (11,000 : 3,000 x 1.3 = 4.76 = 5). (Redding 5-86) 642-6 • • 0 • rl MULTIPLE -FAMILY (RM) DISTRICTS III III III III 642-7 (Redding 5-86) w C 7 C (Redding 5-86) ZONING E F L c L C mV D O m L N � L C rn rLn c 0 N N ++ c- c c �o n ^T L E w co c L C a/ in N 1n W m N m O C C L � 00 ++ E c m i w c 10 E w L c co io w c LC S 6 N d' a0 !� i m fV 0 � • u>«+ N N c- *' — c c c %a ^m C O L O FO Om C cc C C L ar30 a m 30 :0 M o> m m a w ai m m ai a • c c 0 c c c c c C T L io L t •o L r, t � n L ro t m L t �o L cv- cr cv ov ov vv ov c a! a a� c w C cu C 1, G d c C• C a: C ++ C �'LE ++ C «+� �+ C ;-^clx �+ c L L X L X L >: X X L X L X L LU O Cl 0 O O r, v aoClt v a' v N N v>ena+ w T '- W C L L Z a! C G V O Q L T F. 4 C cr .!� D cu r C N X L �J N (Redding 5-86) 642-8 • • • • EN N GC CC m L d� L C S C N V fn N 1 1 1 1 MULTIPLE -FAMILY (RM) DISTRICTS 11 642-9 (Redding 5-86) w w d)w m w cl a/ t7 • c cr c U, c c o c cr c on c C7 c A A D T 10 T N � •O 10 L L J L L L L , U 0 0 o 10 v o Vo v c a c a __ cl, c c a a c w c w ••• N •� N Na .- yl •.- N •� V1 .- N ca cl CA Ncl^ n N C X L C >; L x LC x C L C L C J� L C X L C X t IL �/ W O .O O rl N T d O OLn cw d M. L Q d c L o N C m cr J v) N I z C j 642-9 (Redding 5-86) ZONING (Reddi N c c rd G ig 5-86 642-10 7 1 -01 N N en %o co v r - cm N co Of O N N N N W C 1- x X L wi 0� k � • Z d O t Z GcF f.1 NJ r • HI NM 1 1 -I.-.. MULTIPLE -FAMILY (RM) DISTRICTS vim. 1.�m d C' d r r O Ip/ Ol Id J 9 A C A rJ A 0 o u u 0 on o 0 OJ L' •� G V1 c •� �• C d N C � 0) N V� t•1 r • �/� c N C3 N NCL x L X c I- X L A p1 1 00 • fn to o. w L a p� - L T c rti .G J Q ~ V) N 642-11 (Redding 5-86) ZONING �C m L cap L C N � cc cm v ♦+ C ++ C N •+ C r+ C �+ C E C �C C c l' E X L v` c c ao X Y. y �L m N C. w C c C L L 9 v d d N w 'a cu Q T w w N N O N N L L m N L N � L N c 4! C J Q N C L -- �N C r d m N � 01 N y i O I Ali cap cc, cc, cc cm ca: ♦+ C ++ C ++ C •+ C r+ C �+ C C C �C C G l' X L X L X l X L >' L X Y. W O C. • K=O �CD U v w 'a cu Q w w N N L L m N L C c N c J Q N �N r J i0 T iccvv V N d r C L Ol U D4 E �+ 7 d E z X L q d Ca (Redding 5-86) 642-12 0 • U • MULTIPLE -FAMILY (RM) DISTRICTS 642-12a (Redding 5-86) ZONING (Ord. 1741 § 1, 1985.) (Redding 5-86) 642-12b • • . MULTIPLE -FAMILY (RM) DISTRICTS 18.19.070 Bedroom determination: If special rooms such as family rooms, dens or studies have sufficient room area and dimensions so as to qualify as a bedroom under the city's Uniform Housing Code, then such special rooms shall be counted as bedrooms in Tables One, Two, Three, Four and Five. Also, studio apartments, bachelor apartments and efficiency apartments, where sleeping accommodations are located in the living room and no separate bedroom is provided, shall be considered as a one bedroom dwelling unit in these tables. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(6).) 18.19.080 Mixed types. A single development may include a mix of several types. To determine the maximum densities permitted for a single development of multiple -family housing on a parcel of RM zoned land, see Sections 18.19.090 and 18.19.100. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(7).) • 18.19.090 Determining density of single housing type. When only one housing type is being considered, locate the appropriate table for the zoning district in which the property is located. In the left-hand column of the table, locate the line which most closely represents the land area of the property under consideration and read directly from the table. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(8).) 18.19.095 Determining density in senior citizen projects. The maximum number of units allowed in a senior citizen project shall be determined by multiplying the maximum num- ber of two-bedroom units allowed on the parcel by two; pro- vided, that at least one unit is a two-bedroom unit and all other units are studio or one -bedroom units. For each additional two or larger bedroom unit constructed, two one -bedroom units will be deleted. To qualify as a senior citizen project, the following requirements must also be met: 0 642-12c (Redding 5-86) ZONING • A. Off-street parking shall be provided at a ratio of .5 spaces per dwelling unit; B. An agreement shall be entered into between the owner and the city restricting the minimum age of the occupants un- less handicapped to sixty years or older, and that if the agreement is violated, off-street parking requirements for apartments shall be provided at the same ratio as the city code in effect at the time the units were constructed: C. Sufficient area on the site shall be reserved to provide off- street parking meeting the requirements for nonsenior apartments. (Ord. 1747 § 2, 1985.) 18.19.100 Mixed apartment types. Where a mixture of apartment types is proposed, the total number of units shall be determined by multiplying the percent of the project proposed for each apartment type by the number of units of that apartment type permitted on a parcel. The re- sults are rounded to the nearest whole number. The total num- ber of units is determined by adding together the calculation • for each apartment type. For example, assume a one -acre parcel is classified as RM -12 and the owner proposes to construct forty percent one - bedroom units, forty percent two-bedroom units, and twenty percent three-bedroom units: First, the number of units allowed for each apartment type if the entire property were built with that type is calculated. A one -acre parcel is allowed nineteen one -bedroom units (43,560: 3,000 x 1.3 = 18.87 = 19); 15 two-bedroom units (43,560 = 3,000 x 1 = 14.57 = 15); and 12 three-bedroom units (43,560 : 3,000 x .8 = 11.6 = 12). Based on the 40/40/20 ratio chosen by the property owner, the number of units is 8 one -bedroom units (19 x .4 = 7.6 = 8), 6 two-bedroom units (15 x .4 = 6), and 2 three-bedroom units (12 x .2 = 2.4 = 2) for a total of 16 units and 26 bedrooms. For a second example, assume the same property owner chooses to construct ninety percent one -bedroom units and ten percent two-bedroom units. The number of units is 17 one - bedroom units (19 x .9 = 17.1 = 17) and 2 two-bedroom units (15 x .1 = 1.5 = 2) for a total of 19 units and 21 bedrooms. (Ord. 1747 § 3, 1985.) (Redding 5-86) 642-12d 0 • MULTIPLE -FAMILY (RM) DISTRICTS 18.19.110 Checking calculations. A prospective developer of "RM" zoned property shall provide the city with calculations of his proposed development to insure compliance with these regulations. Such prospective developer is encouraged to check his calculations with the planning department during the planning phase of his project. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(10).) 18.19.120 Open space requirements. A. On each development within any RM district, whether such development is on a single recorded lot or on two or more adjacent recorded lots, such development shall be provided with useable and accessible open space for the recreation and outdoor living enjoyment of the development's residents and their guests. Such open space shall be not less than the following: 1. RM -6 district 40% of the total parcel area;. 2. RM -9 district 35% of the total parcel area; • 3. RM -12 district 30% of the total parcel area; 4. RM -18 district 25% of the total parcel area; 5. RM -24 district 20% of the total parcel area; B. Open space standards shall be as follows: 1. Open space may be provided in more than one location; 2. To qualify as required open space, such area shall have no area less than ten feet and at least fifty percent open to the sky and free of any overhead structural or architectural projections; 3. Open space shall be improved. Improvements may consist of planting areas containing living plant materials, walks, patios, swimming and wading pools, arbors, temporary and removable shade elements, 0 642-12e (Redding 5-86) C, • L` • MULTIPLE -FAMILY (RM) DISTRICTS recreation equipment and facilities and such other appurtenances as are appropriate to serve the outdoor living need of people; 4. Garages, carports, open off-street parking areas, vehicular access driveways, trash enclosures, clothes drying yards and nonlandscaped areas shall not be included in calculating required open space. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(11).) 18.19.130 Yards. Front, side and rear yards in all RM districts shall be required as set forth in this section. Such yards may vary according to the height (number of stories) of buildings proposed. In consideration of building heights, such shall be limited to the number of stories of those portions of the building or buildings which are located within the first one-third of the lot, measured along an imaginary line drawn perpendicularly from the midpoint of front, side or rear • property lines. Front, side and rear yards shall be provided and maintained with not less than the following dimensions: A. Front Yard. 1. One-story buildings, fifteen feet; 2. Two-story buildings, twenty feet; 3. Provided however, that if a garage or carport faces a street and has its vehicular access at, or approximately at, right angle to the street, the garage or carport shall be set back not less than twenty feet from such street. B. Side and Rear Yards. 1. One-story buildings, five feet; 2. Two-story buildings, ten feet; 3. Provided however, that if a garage or carport faces a street and has its vehicular access at, or approximately at, right angle to the street, the garage or carport shall be set back not less than twenty feet from such street. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(12).) 18.19.140 Height. A. No building or structure shall be constructed which shall S642-13 (Redding 8-15-77) ZONING exceed a height of two stories; v' • gh es, pro ided however, that subject to the issuance of a use permit as set forth in Section 18.70.020, a building or structure may exceed the two-story limit. When such use permit has been issued to exceed the height limit, each front, side and rear yard as described in Section 18.19.130 shall be increased by five feet for each story above two stories. B. When considering a use permit to exceed the two-story height limit, the planning commission shall make a finding that the views and vistas of adjacent properties shall not be impaired nor shall the enjoyment of normal light and air qualities of such adjacent properties be violated. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(13).) 18.19.150 Distance between buildings. A. Where an accessory building is detached from a main building there shall be a dimension separating the two buildings of not less than ten feet; provided however, that accessory buildings may be attached to a main building by • use of a common wall and zero feet separation. Such accessory building shall be located on the rear one-half of the lot. B. Where an accessory building is separated from a main building by an arbor, structural canopy or other structural techniques (a breezeway), but where there is no common wall, the minimum dimension shall be eight feet. C. No main building shall be located closer to another main building than the minimum dimensions set forth as follows: 1. Between one story buildings, ten feet; 2. Between one and two-story buildings, fifteen feet; 3. Between one and three-story buildings, twenty feet; 4. Between two-story buildings, twenty feet; 5. Distance between buildings greater than two stories in height shall be determined as a part of the use permit process. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(14).) (Redding 5-15-77) 642-14 0 • MULTLIPLE-FAMILY (RM) DISTRICTS 18.19.160 Lot area and street frontage. A. Each lot hereinafter created by any RM district shall contain a land area of not less than fifteen thousand square feet and shall have frontage of not less than eighty feet on a dedicated and improved public street. B. For lots of record, legally existing prior to April 25, 1977 and having a lot area which is less than fifteen thousand square feet and where the owner of such lot owns no adjoining property, shall be considered a legal, nonconforming lot and such lot may be used as a building site for RM multiple -family residential purposes; provided however, that the density provisions of the tables set forth in Section 18.19.060 shall not be exceeded; provided further, that all other provisions and property development standards of the RM districts, except minimum lot frontage set forth in Section 18.19.150 shall apply. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(15).) • 18.19.170 Off-street parking. A. The minimum number of off-street parking spaces per dwelling unit which shall be provided, on the same lot, for any RM development shall comply with the following schedule: Off-street Parking Spaces per Dwelling Unit Dwelling Unit Type RM -6 RM -9 RM -12 RM -18 RM -24 Efficiency or one bedroom 1.50 1.50 1.50 1.50 1.25 Two bedrooms 2.00 2.00 1.75 1.75 1.75 Three bedrooms 2.25 2.25 2.00 2.00 2.00 Four or more bedrooms 2.50 2.50 2.25 2.25 2.00 B. When calculating minimum off-street parking requirements for any RM development, a fraction of such parking space shall be counted as one full space. C. Off-street parking areas, insofar as possible, shall be screened from view of abutting properties by use of fences, walls, hedges and other appropriate plant materials. D. Off-street parking is prohibited in all required front yards • and in the outer one-half of required side and rear yards. 642-15 (Redding 6-91) ZONING • E. Garages and carports which have their vehicular access at, or approximately at, right angles to a street providing such access shall be set back not less than twenty feet. (Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(16).) 18.19.180 Access and site plan review. In addition to the requirements set forth in this chapter, all development in any RM district shall comply with the other appropriate standards, conditions and controls listed as follows: A. Fences, hedges and walls shall comply with the provisions of Section 18.19.030. B. Vehicular access shall comply with the appropriate provisions of Council Resolution No. 3540, included within this chapter, provided further, that all driveway curb cuts shall not exceed twenty-five percent of any street on which a lot sides or fronts and in no case greater than twenty-four feet. C. Pedestrian access shall be provided to each lot separate from • vehicular access. D. Site plan review shall comply with the provisions of Chapter 18.46. (Ord. 1946 § 1 (part), 1991; Ord. 1322 § 1 (part), 1977: prior code § 30-6.2(17).) (Redding 6-91) 642-16 0 0 OFFICE (C-0) DISTRICT Chapter 18.20 OFFICE (C-0) DISTRICT Sections: 18.20.010 Purpose. 18.20.020 Permitted uses. 18.20.030 Uses requiring use permit. 18.20.040 Height. 18.20.050 Area and lot coverage. 18.20.060 Yards—Requirements. 18.20.070 Landscaping. 18.20.080 Fencing. 18.20.090 Parking and driveway cuts. 18.20.100 Trash enclosures. 18.20.110 Utilities. • 18.20.120 18.20.130 Fire hydrants. Night lighting. 18.20.140 Mechanical equipment. 18.20.150 Roof overhangs. 18.20.010 Purpose. The C-0 district shall be subject to the provisions of Chapters 18.50 through 18.62, as well as to all other provisions of this title not in conflict with the specific provisions applicable to C-0 districts. Among the purposes for establishing the C-0 district is classification of land under the following circumstances: A. As a transitional district between "R" and "C" districts, as a classification for small, single or multiple land ownerships, systematically applied where appropriate throughout the city; B. As an appropriate district for the encouragement of office building construction; and C. To meet the goals and policies of the Redding General Plan. (Ord. 1558 § 1 (part), 1981.) is 643 (Redding 6-91) ZONING 18.20.020 Permitted uses. Permitted uses shall be as follows: A. Offices, professional offices and personal services, as defined in Chapter 18.04; B. Accessory strictures and uses incidental to uses permitted, if conducted simultaneously with or subsequent to the permitted use on the site to which it is accessory or incidental; C. Off-street parking accessory to permitted uses; 1. One freestanding externally illuminated monument sign not over five feet high nor more than twenty -square feet in area, located in the building setback areas but not closer than four feet to a property line nor facing any residential district if internally illuminated. If located on a street comer, the sign shall be located pursuant to Section 16.32.340 (D) (5); E. Enlargement, extension or structural alteration of use permit uses previously granted and accessory uses other than those • permitted under Section 10.20.020(A); F. Public or private parking lots, when parcel is adjacent to a "C" or "R4" district; except that parking of large trucks or other industrial -type vehicles shall not be permitted; G. Prescription pharmacy, subject to the imposition of a condition to the use that only pharmaceutical products may be displayed to view from outside the premises. (Ord. 1946 § I (part), 1991; Ord. 1744 § 1, 1985; Ord. 1558 § 1 (part), 1981.) 18.20.030 Uses requiring use permit. The following uses may be permitted in a C -O district, subject to obtaining a use permit in each case: A. Rest home, convalescent home, convalescent hospital, nursing home; B. Religious, educational, cultural, recreational, governmental and public utility structures and uses; provided that no equipment, material or vehicular storage or repair yards shall be permitted; (Redding 6-91) 644 0 • OFFICE (C -O) DISTRICT C. Restaurant, provided that a use permit shall not be issued to a drive-in type restaurant or to a restaurant whose primary purpose is the sale of alcoholic beverages; D. Mortuary or funeral home; E. Banks and savings and loan institutions, excluding drive-in operations; F. Uses similar to the uses listed in this section; G. Conversion of a residential structure to office or personal service uses as defined in Chapter 18.04; H. Single-family residence or duplex dwelling located on a second or other story above the ground level story, provided the residential floor area shall not be greater than the commercial floor area. (Ord. 1946 § 1 (part), 1991; Ord. 1744 § 2, 1985; Ord. 1558 § 1 (part), 1981.) • 18.20.040 Height. A. In the C -O district, a maximum building height limit of forty feet above natural ground level for a main structure and fifteen feet above natural ground level for an accessory structure shall be permitted. B. When adjacent to a single-family residential district, the build- ing height shall be limited to one story in height within thirty feet of the adjoining property line. C. When adjacent to duplex or multiple family uses, the building height shall be limited to two stories within thirty feet of the property line. (Ord. 1558 § 1 (part), 1981.) 0 18.20.050 Area and lot coverage. A. For an interior lot, there shall be a minimum lot area of seven thousand square feet, and a minimum frontage on a dedicated public street of seventy feet, except that, where a 645 (Redding 6-91) ZONING • lot fronts on a cul-de-sac, a minimum frontage of fifty feet shall be permitted. B. For a corner lot there shall be a minimum lot area of eight thousand square feet, and there shall be a minimum frontage on a dedicated public street of at least eighty feet. C. The maximum percentage a building or buildings may cover on a lot shall not exceed seventy percent of the gross land area. (Ord. 1558 § 1 (part), 1981.) 18.20.060 Yards—Requirements. A. Front yard setback shall be a minimum of ten feet, pro- vided that the setback provisions in this section shall apply when the C-0 district designation is combined with one of the combining districts listed below: Combining Designation Front Yard Setback Required —15feet • —20 200 feet —25 25 feet —30 30 feet B. Five-foot side yard setbacks shall be required for all uses except that, where a side yard is adjacent to a dedicated public street, the side yard setback shall be ten feet; and except that, where the side of the building site is adjacent to an alley of not more than twenty feet in width, no struc- ture shall be erected closer than sixteen feet from the cen- terline of the adjacent alley; where a side yard is adjacent to a single-family residential district, the side yard setback (Redding 6-91) 646 • OFFICE (C-0) DISTRICT shall be ten feet; for structures greater than thirty feet in height, the side yard setback shall be a minimum of ten feet. C. Ten -foot rear yard setbacks shall be required for all uses, except for structures greater than thirty feet in height, in which case the rear and setback shall be fifteen feet. (Ord. 1558 § I (part), 1981.) 18.20.070 Landscaping. All street frontages, exclusive of driveways or sidewalks, shall be bordered by a planter area of not less than ten feet in depth. Landscaping within the planter shall consist primarily of 0 40 646-1 (Redding 5-86) OFFICE (C-0) DISTRICT living plant materials. Where adjoining public sidewalks are less than nine feet in width, street trees shall be planted in all street planters at thirty-foot intervals. The minimum landscaped area on any site shall not be less than fifteen percent of the gross site area. Adjacent to any residential district, a five-foot wide planter shall be provided. Adjacent to any residential area, evergreen shrubs that will grow to six feet in height shall be planted for one-story structures. Where buildings will exceed one story in height, evergreen trees shall be planted at suffi- cient intervals to protect the privacy of adjacent residential properties. Prior to the issuance of any building permit, the landscaping plan shall be approved by the planning director. The area between parking lots and residential districts shall be planted with hedge -type plants with trees intermingled at thirty- foot intervals. (Ord. 1558 § 1 (part), 1981.) 18.20.080 Fencing. A. Where a building site in a C-0 district abuts an "R" district along an interior lot line of the district abutted, a condition to the permitted or conditional use of the building site shall be the construction of a block post with wood insert (or equivalent) fence; an equivalent fence shall be approved by the planning department. B. The fence or wall shall be constructed to a height not less than five feet and not more than six feet above the natural ground level to serve as a suitable screen to separate the conflicting uses. The fence or wall shall not be required along that portion of the interior lot line of the abutted or adjacent "R" district property located within the front yard of the "R" district lot, nor along that portion of the lot line where structures or buildings are built to the abutting prop- erty line. C. All fences shall be compatible with buildings on the site. (Ord. 1558 § 1 (part), 1981.) 18.20.090 Parking and driveway cuts. A. Off-street parking shall not be permitted within ten feet of any street property line. S647 (Redding 3-82) ZONING • B. In order to maximize the carrying capacity and safety of public streets, the number of driveways on lots with one hundred feet or less street frontage shall not exceed one driveway; for lots with one hundred one to two hundred feet of frontage, two driveways shall be permitted on a two-lane street and one driveway on a four -lane street; one additional driveway shall be permitted for each addi- tional one hundred feet and one hundred thirty feet on two-lane or four -lane streets, respectively. C. On corner lots, drive cuts shall not be located closer than twenty feet to the beginning of a normal twenty -foot radius corner rounding; where a corner rounding does not exist, a twenty -foot radius corner rounding shall be dedi- cated to the city as a condition of a building permit, unless such requirement is waived by the director of public works. (Ord. 1558 § I (part), 1981.) 18.20.100 Trash enclosures. • All trash containers shall be enclosed within a wood or block enclosure. Said enclosure shall be located a minimum dis- tance of twenty feet from any street property line and shall be directly accessible from the main parking lot driveway or an alley. Off-street vehicle parking shall not be located in front of any trash enclosure. Trash enclosures shall be architecturally compatible with the building on the site or any fence on the property. (Ord. 1558 § 1 (part), 1981.) 18.20.110 Utilities. Electric, telephone and cable television utilities shall be located underground. (Ord. 1558 § 1 (part), 1981.) 18.20.120 Fire hydrants. Where a building in a C -O district is to be located at a dis- tance greater than one hundred fifty feet from an existing city maintained fire hydrant,. as a condition of a building permit, a fire hydrant that meets Uniform Fire Code requirements shall be provided in a location approved by the fire marshal. If a • (Redding 3-82) 648 • NEIGHBORHOOD COMMERCIAL (C-1) DISTRICT 0 fire hydrant is located on private property, adequate easement access shall be dedicated to and around the hydrant, and the hydrant shall be located in such a manner as to be accessible by fire trucks, without intervening vehicles or fences. (Ord. 1558 § 1 (part), 1981.) 18.20.130 Night lighting. Night lighting for uses in a C-0 district shall be shielded or oriented so as not to glare directly upon any residential properties. High intensity night lighting shall be oriented so as not to glare directly onto street traffic. (Ord. 1558 § 1 (part), 1981.) 18.20.140 Mechanical equipment. Roof -mounted mechanical equipment shall be screened on all sides. Ground -mounted mechanical equipment with a total cooling capacity of greater than five tons shall be bordered by a solid block noise wall not less than one foot higher than the top of the cooling equipment within thirty feet of any residential district. (Ord. 1558 § I (part), 1981.) 18.20.150 Roof overhangs. Roof overhangs shall not extend more than three feet into any required yard setback. (Ord. 1558 § 1 (pari), 1981.) Chapter 18.22 NEIGHBORHOOD COMMERCIAL (C-1) DISTRICT Sections: 18.22.010 Generally. 18.22.020 Permitted uses. 18.22.030 Uses requiring use permit. 049 (Redding 6-91) ZONING • 18.22.040 Height. 18.22.050 Site area. 18.22.060 Yards. 18.22.010 Generally. The regulations set forth in this chapter shall apply in all C-1 districts and shall be subject to the provisions of Chapters 18.50 through 18.62. (Prior code § 30-8 (part).) 18.22.020 Permitted uses. Uses permitted shall be as follows: A. Multiple -family dwellings, apartment houses and dwelling groups; B. Churches, libraries, hospitals and other public buildings; C. Roominghouses and boardinghouses; • D. The following uses when conducted within a building: Bakeries (retail only), food stores, hardware stores, banks, barbershops, beauty parlors, book stores, variety stores, shoe shops, drugstores and offices, florist shops, restaurants, personal service establishments, department stores, laun- derettes, cleaning agencies. (Ord. 1946 § 1 (part), 1991; prior code § 30-8(l).) 18.22.030 Uses requiring use permit. Uses permitted, subject to obtaining a use permit in each case, shall be as follows: A. Single-family dwellings and duplexes; B. Other stores within a building, mortuaries, service stations, theaters, drive-in banks, drive-in restaurants, any "on sale" establishment where liquor is served, and other uses which in the opinion of the planning commission are of a similar nature, public utility buildings and uses; (Redding 6-91) 650 • NEIGHBORHOOD COMMERCIAL (C-1) DISTRICT • C. Social halls, lodges, fraternal organizations and clubs. (Ord. 1946 § 1 (part), 1991; prior code § 30-8(2).) 18.22.040 Height. Maximum height for any building shall be thirty feet. (Prior code § 30-8(3).) 18.22.050 Site area. A. For an interior lot there shall be a minimum lot area of seven thousand five hundred square feet, a minimum lot depth of one hundred five feet and a minimum lot width of seventy feet, except that where a lot fronts on a cul-de-sac, a minimum frontage of fifty feet shall be permitted. B. For a comer lot there shall be a minimum lot area of eight thousand square feet, a minimum lot depth of one hundred five feet and a minimum lot width of seventy-five feet. (Ord. 1750 § 1, 1985.) 18.22.060 Yards. Minimum yards required shall be as follows: A. Front yard, fifteen feet; B. Side yard, none, except where the side of a lot abuts upon the side of a lot in an "R" district, in which case the side yard shall not be less than ten feet; C. Rear yard, none, except where the rear of a lot abuts on an "R" district, in which case the rear yard shall be not less than ten feet, or in the case where property rears on other commercial property and is one hundred and fifty feet or more in depth, the rear yard setback shall be ten feet. (Prior code § 30-8(5).) 651 (Redding 6-91) ZONING Chapter 18.24 CENTRAL COMMERCIAL (C-2) DISTRICT Sections: 18.24.010 Generally. 18.24.020 Uses permitted. 18.24.030 Uses requiring use permit. 18.24.040 Height. 18.24.050 Site area. 18.24.060 Yards. 18.24.010 Generally. The regulations set out in this chapter shall apply in all C-2 districts and shall be subject to the provisions of Chapters 18.50 through 18.62. (Prior code § 30-9 (part).) 18.24.020 Uses permitted. Uses permitted shall be as follows: A. Retail stores and personal service establishments within a building, including appliance stores, bakeries, banks, barber- shops, beauty parlors, book stores, department stores, drugstores, food shops, hardware stores, nurseries, offices, radio stores, restaurants, shoe shops, studios, tailor shops and other uses which in the opinion of the planning commission are of a similar nature; B. Signs attached to the main building and appurtenant to the permitted uses. (Ord. 1946 § 1 (part), 1991; Ord. 1499 § 1 (part), 1980; prior code § 30-9(1).) (Redding 6-91) 652 • • • CENTRAL COMMERCIAL (C-2) DISTRICT 0 18.24.030 Uses requiring use permit. Uses permitted, subject to first procuring a use permit in each case, shall be as follows: A. Any use permitted in any "R" district and public utility buildings and uses; B. Drive-in banks, drive-in restaurants, theaters, mortuaries, animal hospitals, auto repair shops, cleaning and dyeing establishments, creameries, gasoline service stations, any "on sale" establishments, auction or auction sales, pet shops, public garages, used car lots, and other uses which, in the opinion of the planning commission, are of similar nature. (Ord. 1946 § 1 (part), 1991; Ord. 1499 § 1 (part), 1980; prior code § 30-9(2).) 18.24.040 Height. Maximum height of any building shall be fifty feet; provided, that additional height may be permitted if a use permit is first secured in each case. (Prior code § 30-9(3).) 18.24.050 Site area. A. For an interior lot there shall be a minimum lot area of seven thousand five hundred square feet, a minimum lot depth of one hundred five feet and a minimum lot width of seventy feet, except that where a lot fronts on a cul-de-sac, a minimum frontage of fifty feet shall be permitted. B. For a comer lot there shall be a minimum lot area of eight thousand square feet, a minimum lot depth of one hundred five feet and a minimum lot width of seventy-five feet. C. Parcels which do not front directly on a public street shall have a recorded access easement of at least twenty-five feet in width. (Ord. 1750 § 2, 1985.) 653 (Redding 6-91) ZONING • 18.24.060 Yards. Minimum yards required, front, side and rear yards required, none, except that where property is one hundred fifty feet or more in depth and there is no alley and property rears on other commercial property, the rear yard setbacks shall be fifteen feet. (Prior code § 30-9(5).) Chapter 18.26 HEAVY COMMERCIAL AND LIGHT INDUSTRIAL (C-3) DISTRICT Sections: 18.26.010 Generally. 18.26.020 18.26.030 Permitted uses. • Uses requiring use permit. 18.26.040 Height. 18.26.050 Site area. 18.26.060 Yards. 18.26.010 Generally. The regulations set forth in this chapter shall apply in all C-3 districts and shall be subject to the provisions of Chapters 18.50 through 18.62. (Prior code § 30-10 (part).) 18.26.020 Permitted uses. Uses permitted shall be as follows: A. Retail stores and personal service establishments within a building, including appliance stores, bakeries, banks, barber- shops, beauty parlors, book stores, department stores, drugstores, food shops, hardware stores, nurseries, offices, radio stores, restaurants, shoe shops, studios, tailor shops and (Redding 6-91) 654 • OHEAVY COMMERCIAL AND LIGHT INDUSTRIAL (C-3) other uses which, in the opinion of the planning commission, are of a similar nature. B. Wholesale stores and storage within a building, public utility buildings and uses. (Ord. 1946 § 1 (part), 1991; Ord. 1499 § 2 (part), 1980; prior code § 30-10(l).) 18.26.030 Uses requiring use permit. Uses permitted, subject to first procuring a use permit in each case, shall be as follows: A. All uses permitted in any 'R" district; B. Drive-in banks, drive-in restaurants, theaters, mortuaries, any "on sale" establishment where liquor is served, outdoor sales establishments, secondhand sales, auction or auction sales, light manufacturing, including manufacturing of clothing, • novelties and toys, and uses which, in the opinion of the planning commission, are of a similar nature; C. The following uses: bottling works, blacksmith shops, building materials, yards, contractors yards, feed and fuel yards, lumber yards, machine shops, planing mills, storage of goods and materials and other uses which, in the opinion of the planning commission, are of a similar nature. The planning commission may require a fence of a type and design to be approved by them for all uses listed in this section. No sign shall be painted or erected on such fence until approved by the planning commission. (Ord. 1946 § 1 (part), 1991; Ord. 1499 § 2 (part), 1980; prior code § 30-10(2).) 18.26.040 Height. Maximum height of any building shall be fifty feet, provided that additional height may be permitted if a use permit is first obtained in each case. (Prior code § 30-10(3).) • 654a(Redding 6-91 ZONING • 18.26.050 Site area. A. For an interior lot there shall be a minimum lot area of seven thousand five hundred square feet, a minimum lot depth of one hundred five feet and a minimum lot width of seventy feet, except that where a lot fronts on a cul-de-sac, a minimum frontage of fifty feet shall be permitted. B. For a comer lot there shall be a minimum lot area of eight thousand square feet, a minimum lot depth of one hundred five feet and a minimum lot width of seventy-five feet. C. Parcels which do not front directly on a public street shall have a recorded access easement of at least twenty-five feet in width. (Ord. 1750 § 3, 1985.) 18.26.060 Yards. Front, side and rear yards required, none, except that where • property is one hundred and fifty feet or more in depth and rears on other commercial property, the rear yard setback shall be fifteen feet. (Prior code § 30-10 (5).) Chapter 18.27 LIMITED SERVICE COMMERCIAL (C-6) DISTRICT Sections: 18.27.010 Generally. 18.27.020 Purpose. 18.27.030 Permitted uses. 18.27.040 Uses requiring a use permit. 18.27.050 Prohibited uses. 18.27.060 Development and district standards. 18.27.070 Performance standards. (Redding 6-91) 654b 0 • LIMITED SERVICE COMMERCIAL (C-6) DISTRICT 18.27.010 Generally. The regulations set forth in this chapter shall apply in all C-6 districts and shall be subject to the provisions of Chapters 18.50 through 18.63. (Ord. 1719 § 1 (part), 1985.) 18.27.020 Purpose. The purpose of this district is to provide suitable locations for limited service commercial uses that, through design and performance standards, will not substantially impact adjoining residential uses or districts. (Ord. 1719 § 1 (part), 1985.) 18.27.030 Permitted uses. Permitted uses shall be as follows: A. Retail uses conducted entirely within a building; B. Administrative offices or indoor storage associated with a • permitted use; C. Wholesale and warehouse uses including miniwarehouses; D. Television, appliance or mechanical equipment repair services located entirely within a building. E. Service stations, excluding truck stops; F. Animal hospitals not within two hundred feet of a residential use or district; G. Neighborhood laundries; 654c (Redding 6-91) LIMITED SERVICE COMMERCIAL (C-6) DISTRICT • H. Secondhand sales and auctions located entirely within a building; I. Janitorial, building maintenance services and auto detail services located entirely within a building; J. Research services located entirely within a building; K. Crop or tree farming; L. Churches; M. Broadcasting studios for television or radio; N. Apparel or garment making; O. Electronic and scientific instruments assembly or manufac- turing within a building with floor areas of less than seven thousand square feet; P. Bakeries; Q. Furniture repair or assembly. (Ord. 1719 § 1 (part), 1985.) 18.27.040 Uses requiring a use permit. Uses permitted, subject to obtaining a use permit in each case, shall be as follows: A. Conversion of a residential structure to a permitted use; B. Screened outdoor storage associated with an appurtenant permitted use; C. Recreational vehicle sales or storage; D. Outdoor sales, including new and used cars, building materials, garden supplies and plants, mobile homes and. recreational vehicles; E. Machine and welding shops or auto body shops located entirely within a building; F. Commercial laundries and linen supply services; G. Bottling, icemaking and cold storage plants; H. Public utility and public service structures; I. Night watchman or caretaker's quarters for one person or couple and limited to a maximum of five hundred square feet of gross floor area and on a minimum parcel size of one acre; J. Limited manufacturing or assembly of prefabricated materials conducted entirely within a building where there is no evidence of objectionable characteristics relating to sound, odor, vibration and dust. Such uses are not to exceed 654-1 (Redding 11-85) ZONING • twenty-five thousand square feet in gross floor area including office and storage areas; K. Home occupations for preexisting residential structures provided the standards of the home occupation requirement in the R-1 district are met and the use does not exceed more than one -hundred -twenty square feet or ten percent of the gross floor area, whichever is greater; L. Mobile home dealers and supplies; M. Building materials and hardware; N. Eating and drinking establishments; O. Equipment rental; P. Seasonal retail sales; Q. Auto repair and service; R. Equipment storage; S. Public facilities and uses; T. Commercial recreation facilities. (Ord. 1719 § 1 (part), 1985.) 18.27.050 Prohibited uses. Uses not listed above or similar to the uses listed above are is expressly prohibited. (Ord. 1719 § I (part), 1985.) 18.27.060 Development and district standards. The following development standards shall apply to all development within the C-6 district: A. Area, Lot, Yard and Access Requirements. 1. A minimum site area of five acres shall be provided for each area to be zoned C-6 district. 2. No building shall be located closer than twenty feet to any street right-of-way where the lot or parcel adjoins or is across from a residential district, otherwise, the minimum street setback is ten feet. 3. Rear yards are not required except when the parcel adjoins a residential district or is adjacent to an alley which separates a C-6 district and a residential district, in which case a minimum rear yard of twenty feet shall be provided. (Redding I1-85) 654-2 0 LIMITED SERVICE COMMERCIAL (C-6) DISTRICT • 4. Side yards are not required except when the parcel adjoins a residential district, in which case a minimum side yard setback of twenty feet shall be provided. 5. The minimum lot area and width shall be eight thousand square feet and eighty feet, respectively. 6. The type of occupancy or construction may require greater setbacks based upon requirements of the Uniform Building Code and the Uniform Fire Code. 7. Each C-6 district must derive primary access from an improved street of not less than sixty feet in width. B. Streets, Utilities and Off-street Parking Required at the Time of Development. 1. Individual parcels must have access from a sixty -foot wide collector street or street greater in width. Parcels which do not front directly on such a street must have a recorded access easement of at least twenty-five feet in width. 2. All alleys abutting a C-6 district shall be paved in accordance with city standards. • 3. All lots shall be graded in a manner to adequately handle storm drainage in accordance with city standards. 4. Street lights and fire hydrants shall be provided in accordance with city policy and ISO standards, respec- tively. 5. All streets shall be developed with curb, gutter and side- walk. Curb cuts shall be in accordance with city code. 6. Sewer, water and electric lines shall be extended as per city requirements. C. Building Height and Mechanical Equipment. 1. The maximum building height is forty feet, provided, that no building may exceed twenty-six feet in height within eighty -feet of a residential district or exceed twenty feet in height within fifty feet of a residential district. 2. Ground -mounted mechanical equipment shall be enclosed in a solid fence at least five feet in height or a five -foot -high solid masonry wall within eighty feet of a residential district or an eight -foot -high masonry wall 0 654-3 (Redding 11-85) ZONING (Redding 11-85) 654-4 • within twenty feet of a residential district. Roof - mounted mechanical equipment shall be screened to block and so as not to be visible from any public street or adjacent residential parcel. D. Landscaping, Screen Fencing and Trash Disposal. 1. All street frontages shall be landscaped with a ten -foot - wide planter excluding driveways or walks located perpendicular to the front property line. 2. Where an alley or service road separates the C-6 district from a residential district, a five -foot -wide planter, together with a six -foot -high masonry solid fence, shall be provided. 3. A minimum of five percent of the total project site area shall be landscaped. Landscaping shall be concentrated along street lines and along residential districts. 4. All landscaping and screen fencing shall be subject to the standards specified in Chapter 18.62. 5. Each use shall provide adequate and accessible trash disposal areas which shall be screened from view from streets or adjoining residential districts. No disposal area may be located within any required front -yard setback • area or within twenty feet of a residential district. 6. To accomplish adequate separation and screening between a C-6 zoning district and any adjoining resi- dential district, one of the following will be provided on all property lines: a. A twenty -foot -wide, four -foot -high earth berm planter together with a five -foot -high solid fence; b. An eight -foot -high planted berm; c. An eight -foot -high solid masonry wall, d. A twenty -foot -wide planter; e. A landscaping plan shall be approved by the planning director prior to the issuance of a building permit for all landscaping required in this section; f. A seven -foot -high block post and wood board fence with a fifteen -foot -wide planter consisting of hedge type plants and evergreen trees. E. Lighting and Signs. 1. All off-street parking areas shall be adequately lighted. Lighting or glare shall be located and designed so as not (Redding 11-85) 654-4 • • LIMITED SERVICE COMMERCIAL (C-6) DISTRICT to reflect on adjoining residential property. 2. The source of illumination for area lighting or signs shall be shielded from view from adjoining residential properties and from adjacent public streets. F. Outdoor Sales and Storage Areas. 1. All outdoor sales and storage areas shall be fully surfaced with AC paving, chip and seal concrete or gravel six inches deep. 2. All outdoor storage shall be enclosed with a six to eight foot high solid fence or landscaped berm as specified in Section 18.27.060136. 3. No merchandise or material shall be stored which exceed the height of the fence within thirty feet of the fence or berm. 4. No repair, assembly, manufacturing or maintenance shall occur within any outside storage area. • (Ord. 1946 § 1 (part), 1991; Ord. 1719 § 1 (part), 1985.) 18.27.070 Performance standards. The following performance standards apply to all development within a C-6 district: A. The noise level shall not exceed sixty-five CNEL, sixty-five LEQ (for any one-hour period between seven a.m. and ten p.m.) or fifty-five LEQ (for any one-hour period between ten p.m. and seven a.m.) as measured at the property boundary. If the property adjoins land classified by the general plan as residential, the noise level of the residential property boundary shall not exceed sixty CNEL, sixty LEQ (for any one-hour period between seven a.m. and ten p.m.) or fifty LEQ (for any one-hour period between ten p.m. and seven a.m.) B. All development shall comply with the air quality emission standards established by the Shasta County air pollution control district. C. Odors or dust shall not be readily detectable beyond the • property line. 655 (Redding 6-91) ZONING is D. Vibration shall not be detectable without instruments at the property line. E. Metal building exterior colors are to be an earth -tone color, including roofs. The color scheme shall be approved by the planning director prior to issuance of a building permit. Metal doors and roofs shall also be painted so as to reduce glare. F. Overhead or garage doors shall be set back a minimum of fifty feet from a residential district if they face or side upon a residential district or thirty feet back from any street property line facing a residential district. Any covered shed within fifty feet of any residential district shall be enclosed on the back or sides closest to the residential district. G. Loading docks or loading spaces facing a street shall be set back a minimum of one hundred feet. (Ord. 1719 § I (part), 1985.) Chapter 1 • p 8.28 RETAIL CORE COMMERCIAL (C-4) DISTRICT Sections: 18.28.010 Purpose. 18.28.020 Permitted uses. 18.28.030 Uses requiring use permit. 18.28.040 Area, yard and height. 18.28.010 Purpose. A. The purpose of this district is to establish regulations that will encourage and protect those retail business areas that are dependent upon pedestrian traffic. It is intended that retail uses shall be limited to those which do not interfere with pedestrian movement. (Redding 6-91) 656 0 • RETAIL CORE COMMERCIAL (C-4) DISTRICT B. The regulations set forth in this chapter shall apply in all C4 districts and shall be subject to the provisions of Chapters 18.50 through 18.62. (Prior code § 30-11(1).) 18.28.020 Permitted uses. Uses permitted shall be as follows: A. Retail stores and establishments within a building such as appliance stores, bakeries, banks, barbershops, bars, cocktail lounges and similar establishments where liquor is served, beauty parlors, book stores, department stores, drugstores, florist shops, food stores, hardware stores, offices, pet shops (not to include kennels, runs, etc.), radio shops, restaurants, shoe shops, studios, tailor shops, theaters, and other uses which, in the opinion of the planning commission, are of a similar nature. S (Ord. 1946 § 1 (part), 1991; Ord. 1499 § 3 (part), 1980; prior code § 30-11(1).) 18.28.030 Uses requiring use permit. Uses permitted subject to first securing a use permit shall be as follows: A. Hotels and motels, but not including automobile courts; B. Cleaning and dyeing, laundries and launderettes; C. Lodges and fraternal organizations; D. Parking lots and structures; E. In addition to the uses set out in this section, any curb cut, driveway, parking area, etc., shall require a use permit. The planning commission shall consider the effect of the proposal upon circulation, both pedestrian and vehicular, the compatibility of the use as proposed to the district; the effect on the retail core area; the findings set forth in Section 18.70.050. • 657 (Redding 6-91) ZONING • (Ord. 1946 § 1 (part), 1991; Ord. 1499 § 3 (part), 1980; prior code § 30-11(2).) 18.28.040 Area, yard and height. Area, yard and height requirements shall be the same as in the C-2 district. (Prior code § 30-11(3).) Chapter 1830 INDUSTRIAL (M-2) DISTRICT Sections: 1830.010 Generally. 1830.020 1830.030 Permitted uses. • Uses requiring use permit. 1830.040 Height. 1830.050 Yards. 1830.010 Generally. The regulations set out in this chapter shall apply in all M-2 districts and shall be subject to the provisions of Chapters 18.50 through 18.62. (Prior code § 30-12 (part).) 1830.020 Permitted uses. Uses permitted shall be as follows: A. Retail stores and service establishments; B. Wholesale stores and storage, public utility, buildings and uses; C. Manufacturing establishments, including manufacture of furniture, clothing, novelties and toys, metal fabrication, lumber yards, planing mills, cabinet shops, sheet metal (Redding 6-91) 658 0 0 INDUSTRIAL (M-2) DISTRICT shops, assembly plants, research laboratories, pottery works, electronic plants. (Ord. 1946 § 1 (part), 1991; prior code § 30-12(l).) 18.30.030 Uses requiring use permit. Uses permitted, subject to first procuring a use permit in each case, shall be as follows: A. Trailer courts and residential structures for caretakers' dwellings in connection with uses permitted, but not including any other residential uses; B. Industrial or manufacturing uses, which in the opinion of the planning commission, may be objectionable by reason of production of offensive odor, dust, noise, bright lights, vibration or involving the storage or handling of explosives or dangerous materials, and all the following uses: • 1. Public utility gas storage tank or holder, 2. Auto wrecking and junkyards; 3. Rock crushers, asphalt plants, ready -mix cement plants, rock and gravel plants; 4. Drilling for and removal of oil, gas or other hydrocarbon substances; 5. Commercial excavation of building or construction materials; 6. Distillation of bones; 7. Dumping, disposal, incineration or reduction of garbage, sewerage, offal, dead animals, or refuse; 8. Fat rendering; 9. Manufacturing or storage of acid, cement, explosives or fireworks, fertilizer, gas, flammable fluids, glue, gypsum, lime or plaster of Pans; 10. Stockyards or slaughter of animals; 11. Refining of petroleum or its products and smelting of iron, tin, zinc or other ores. (Ord. 1946 § 1 (part), 1991; prior code § 30-12(2).) • 658a (Redding 6-91) ZONING is 18.30.040 Height. Maximum height of any building shall be fifty feet; provided, that additional height may be permitted if a use permit is first obtained. (Prior code § 30-12(3).) 18.30.050 Yards. Front, side and rear yards required, none, unless the property in a block is less than twenty-five percent developed; and except, that where property is one hundred and fifty feet or more in depth and there is no alley and property rears on other commercial property, the rear yard setback shall be fifteen feet. (Prior code § 30-12(4).) Chapter 18.32 • UNCLASSIFIED (U) DISTRICT Sections: 18.32.010 Generally. 18.32.020 Permitted uses. 18.32.030 Other regulations. 18.32.040 Density. 18.32.010 Generally. The regulations set forth in this chapter shall apply in all unclassified or U districts and shall be subject to the provisions of Chapters 18.50 through 18.62. Any land within the incorporated limits of the city, now or in the future, and not otherwise designated or indicated on the zoning map, shall be in the unclassified or U district; also, any land hereafter annexed to the city shall be in the unclassified or U district until given a definite classification. (Prior code § 30-13 (part).) (Redding 6-91) 658b • • UNCLASSIFIED (U) DISTRICT • 18.32.020 Permitted uses. All uses not otherwise prohibited by law; provided that a use permit shall first be procured for any use to be established in any U district, except the following: A. One single family dwelling on one lot, provided that the building is constructed as if it were in an R-1 single family residential district, is in an approved single family subdivision of five or more lots, and the general plan classifies the property as residential with a density of six units per acre or less. (Ord. 1946 § 1 (part), 1991; Ord. 1499 § 4, 1980.) 18.32.030 Other regulations. Building height limits, building site area required and yards required shall be as specified in the use permit. (Prior code § 30- 13(2).) 0-13(2) ) 18.32.040 Density. A. The maximum number of units permitted in the U or unclas- sified district shall be computed by determining the total area of the parcel, deducting any areas shown on the general plan as greenway, steep slope or floodplain and then multiplying the remaining acreage times the density factor shown on the general plan to determine the maximum number of lots or units. If the number calculated for the parcels contains a fraction, such number shall be rounded off to the lowest whole number. For example, if the computed number of units is 9.7, only nine shall be permitted. Steep slope consists of land in excess of twenty percent slope. For areas 658c (Redding 6-91) • OPEN SPACE (OS) DISTRICT shown on the general plan as less than six units per acre, all lots created shall be single-family lots, 1.0 dwelling unit per parcel. B. Where the general plan classifies all or a portion of a parcel as nonresidential, residential densities in the U or unclassified district shall be based on the following schedule: Classification Maxim Units/Acre Office/Residential 12 Office 12 Retail 20. C. Single-family, duplex, condominium, multiple -family, apartment dwelling groups, hotels and motels are not allowed in the U or unclassified district if the area is depicted on the general plan as greenway, airport service, extractive industry, planned indus- trial, general industry or commercial service, excluding quarters for a night watchman. Residential uses other than hotels and motels shall not be allowed on parcels designated as highway commercial. (Ord. 1686 § 1, 1984.) Chapter 18.33 OPEN SPACE (OS) DISTRICT Sections: 18.33.010 Purpose. 18.33.020 Applicability. 18.33.030 Definitions. 18.33.040 Permitted uses. 18.33.050 Prohibited uses. 0 658-1 (Redding 3.96) ZONING �J 18.33.010 Purpose. Open space lands are essentially unimproved areas of land or water whose use is designated for open -space purposes as defined in Section 18.33.030(A). In accordance with State Government Code Article 10.5, Open Space Lands, the city recognizes open -space land through its conservation and open space element as a limited and valuable resource which must be conserved and protected wherever possible to promote the general welfare and protect the public interest. Open -space lands within the city function to reduce the impacts of urbanization, enhance the unique character of the commu- nity, maintain its scenic beauty, preserve its natural resources, and protect the public from flood, fire and other hazards which may result from unrestricted use of the land. In accordance with Government Code Section 65910, the open space ("OS") district is established to further implement the goals and objectives of the conservation and open space element. The open space district serves as a land -use management tool by providing standards which identify and protect lands which have been restricted • for open -space purposes and designated as public or private open - space easement or public open space as defined in Section 18.33.030. (Ord. 2134 § 1 (Exh. A) (part), 1995.) 18.33.020 Applicability. Areas which may be suitable for inclusion in the "OS" district include land or water which is essentially unimproved, whose use 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 Section 18.33.030(C), (D) and (E). (Ord. 2134 § 1 (Exh. A) (part), 1995.) (Redding 3-96) 658-2 0 • OPEN SPACE (OS) DISTRICT 18.33.030 Definitions. As used in this chapter: A. Open Space land. Open -space land is any parcel 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 one hundred year floodplain of a stream, creek, or river as established by the Federal Emergency Management Agency and/or hydrology study accepted by the city; 2. Riparian habitat; 3. Fire -risk and other natural hazard areas; 4. Areas with steep slope exceeding twenty 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 land uses as described by the conservation • and open space element of the general plan or as defined by the state in Government Code Section 65560(b), incorporat- ed 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 -space and acquired by the city by map or separate instru- ment which imposes restrictions that effectively preserves for public and/or private use or enjoyment the unimproved, natural or scenic character of such open -space land. C. "Public open space easement" means an open -space easement upon land over which the public has obtained an easement for open -space purposes whereupon the public has the right to use of the property. D. "Private open space easement" means an open -space easement upon an area of private property that is set aside for open -space purposes whereupon the public does not have a right to access or use of the property. • 658-3 (Redding 3-96) ZONING • E. "Public open space" means land owned by the city in fee which has been set aside for open -space purposes where upon the public has the right to access and use of the property. F. Use. For the purpose of this chapter, "use of open space" refers to activities which do not directly or indirectly alter the natu- ral/unimproved state of the open -space land. Such activities would include hiking, walking, picnicking, bird watching, and similar harmless activities. "Use of open space" does not include camping. (Ord. 2134 § 1 (Exh. A) (part), 1995.) 18.33.040 Permitted uses. Unless otherwise provided for by law or restricted at the time the land is designated for open -space purposes, the following uses are permitted within public and private open space in the "OS" district: A. Use of the property which does not alter its natural/unimproved • state. This would include, but not be limited to, hiking, walking, picnicking, bird watching, and similar harmless activities; B. Fire -hazard abatement adjacent to combustible structures which has been approved by the fire marshal and development services director or which has been authorized by the subdivision condi- tions of approval; C. Uses consistent with those reserved at the time the land was designated for open -space purposes or where a necessary public dedication or easement has been obtained (e.g., roads, fire access, utilities, recreation areas and improved trails); D. Maintenance of existing public improvements; E. Other similar activities as approved by the planning commission or city council (e.g., forestry, reseeding, underground utility lines). (Ord. 2134 § 1 (Exh. A) (part), 1995.) (Redding 3-96) 658-4 • • • PLANNED INDUSTRIAL (PI) DISTRICT 18.33.050 Prohibited uses. Unless otherwise provided for by law, the following uses are prohibited within the "OS" district: A. Construction or placement of buildings or other structures; B. Fencing or other similar obstructions; C. Grading or filling of the open -space land; D. Removal or cutting of trees and other vegetation, except as provided for in Section 18.33.040(B); E. Storage; F. Dumping of refuse, debris, or hazardous or toxic materials; G. Operation of motorized vehicles; H. Farming, gardening, or other activities involving soil cultivation; I. Camping; J. Other uses which damage or alter the character of the open -space land. (Ord. 2134 § 1 (Exh. A) (part), 1995.) Chapter 18.34 PLANNED INDUSTRIAL (PI) DISTRICT Sections: 18.34.010 Establishment. 18.34.020 Uses requiring use permit. 18.34.030 Height. 18.34.040 Site area. 18.34.050 Yards. 18.34.060 Architectural features. 0 658-5 (Reading 3-95) ZONING • 18.34.010 Establishment. The regulations set forth in this chapter shall apply in all PI districts and shall be subject to the provisions of Chapters 18.50 through 18.62; except, that where a conflict in regulations occurs, the provisions of this chapter shall apply. A. Planned industrial district may be established in areas where it is deemed desirable to provide for limited manufacturing facili- ties of a design and type which will enhance the area and not be detrimental to surrounding property or the city, and to be used in places where the land use plan indicates the planned industrial district. B. Application for establishment of uses permitted in planned industrial districts shall be accompanied by preliminary architec- tural and landscaping drawings, including any • (Redding 3-96) 658-6 0 • PLANNED INDUSTRIAL (PI) DISTRICT • available or projected plans for future expansion. The drawings and plans shall be submitted to the board of administrative review for its approval. No building permit shall be issued until the drawings or plans have first been approved by the board of administrative review. (Prior code § 30-14 (part).) 18.34.020 Uses requiring use permit. Uses permitted, subject to obtaining a use permit in each case shall be as follows: A. Wholesale stores and storage within a building, warehouse, outdoor storage, when fenced and screened as provided in this chapter, public utility buildings, structures and uses; offices; manufacture of clothing, novelties, toys, metal fabrication, cabinet shops, sheet metal shops, assembly plants, research laboratories, electronic plants, instrument manufacture, bookbinding, printing, designing, photographic processing, furniture upholstery, finished paper products, laundry and dry cleaning plants; bottling works, plumbing shops, truck terminals, machine shops and uses, which in the opinion of the planning commission, are similar; B. Agricultural uses, crop and tree farming, truck farming, horticulture and viticulture, grazing; C. Individual residential buildings and accessory buildings thereto may be permitted upon securing a use permit when the use is incidental to a permitted agricultural or manufacturing operation. In no case shall a new subdivision for residential purposes be permitted; D. Retail commercial uses incidental to permitted uses may be permitted, including gasoline service stations, auto repair, lunch counter, tool and other industrial supplies. (Ord. 1946 § 1 (part), 1991; prior code § 30-14(1).) 659 (Redding 6-91) ZONING • 18.34.030 Height. Building height limit for buildings within five feet of the side property line, twenty feet. Buildings up to fifty feet in height may be permitted provided they remain five feet from side property lines. (Prior code § 30-14(2).) 18.34.040 Site area. Building site area required shall be a minimum of ten thousand square feet; provided, that where this district is combined with any B district, the area requirement shall be as set forth in the B district. (Prior code § 30-14(3).) 18.34.050 Yards. Minimum yards required shall be as follows: A. All main and accessory buildings shall be required to set back a distance of at least fifteen feet from any street; B. The aggregate side yard requirement shall be a total of twenty feet as set forth in this subsection. It may be either on one or both sides of each building site; provided, however, that one side yard shall be at least fifteen feet in width; and provided further, that a yard of at least ten feet in width shall be provided adjacent to any property zoned for residential purposes; C. Rear yards, minimum ten feet; D. Clearance Between Buildings. All main or accessory buildings shall be so planned and constructed so as not to be erected closer than six feet to any other main or accessory building. (Prior code § 30-14(4).) 18.34.060 Architectural features. For the purpose of protecting and promoting development which will not be detrimental to health, safety, property values or (Redding 6-91) 660 • • PLANNED INDUSTRIAL (PI) DISTRICT investment within or adjacent to this district, the following architectural standards shall be maintained: A. All buildings in this zone shall be architecturally pleasing and shall be subject to the following requirements: v 0 660-1 (Redding 6-91) • SPECIFIC PLAN (SP) COMBINING DISTRICT The front or side of any building facing a street or facing residentially zoned property, shall be constructed of tinted concrete blocks, bricks, stucco, wood or similar materials. Corrugated sheet metal alone is not deemed to be pleasing. B. All areas within the required setbacks from streets shall be landscaped and maintained; provided, that up to seventy percent of such areas may be used for off-street parking, driveways and walkways. Parking areas in front of buildings shall be landscaped. Access into each parking space must be from lanes provided on each building site. C. All sites shall be fenced, wherever necessary, for the purpose of screening outdoor storage or other uses which may be unsightly as follows: 1. Fences within the street setback area may be of solid or open construction and must not exceed three feet in height; 2. Solid or open fences behind the street setback must be not less than six feet nor more than eight feet in height; • 3. Solid fences shall be required along any property line abutting a residential zone and in locations deemed necessary by the planning commission to screen outdoor storage areas or other outdoor activities from the streets. (Prior code § 30-14(5).) Chapter 18.35 SPECIFIC PLAN (SP) COMBINING DISTRICT Sections: 18.35.010 Purpose. 18.35.020 Uses permitted. 18.35.030 Uses prohibited. 18.35.040 Site -development standards. 41 661 (Redding 10-90) ZONING • 18.35.010 Purpose. The "SP" specific plan combining district may be applied as an additional zone classification to land zoned any other zone classification of this title. By combining the "SP" district with any other zoning district, areas where a specific plan has been adopted will be identified. Areas zoned "SP" shall be subject to compliance with policies and standards of an ap- proved specific plan. (Ord. 1929 § 1 (part), 1990.) 18.35.020 Uses permitted. The provisions of the district to which this combining district is added shall apply unless the specific plan further restricts uses. The use permit and administrative use permit provisions of this title shall apply. (Ord. 1929 § 1 (part), 1990.) 18.35.030 Uses prohibited. The provisions of the district to which this combining • district is added shall apply unless the specific plan identifies additional prohibited uses. (Ord. 1929 § 1 (part), 1990.) 18.35.040 Site -development standards. The site -development standards of the principal district to which this combining district is added shall apply, together with the provisions of the specific plan. In the case of conflict between the two, the more restrictive regulation shall prevail. (Ord. 1929 § 1 (part), 1990.) Chapter 18.36 PLANNED DEVELOPMENT (PD) DISTRICT Sections: 18.36.010 Purpose. 18.36.020 Permitted uses. 18.36.030 Off-street parking. (Redding 10-90) 662 • • PLANNED DEVELOPMENT (PD) DISTRICT 18.36.040 Public facilities. 18.36.050 Density. 18.36.060 Height, yard and lot requirements. 18.36.070 Area. 18.36.080 Street access. 18.36.090 Open space. 18.36.100 Waiver of standards. 18.36.110 Preliminary review. 18.36.120 Rezoning application. 18.36.130 Final plan consideration. 18.36.140 Expiration. 18.36.010 Purpose. A. The planned development district is intended to provide for greater flexibility in design and to provide for a combination of uses in a manner compatible to each and to the surrounding environment. • B. The regulations set forth in this chapter shall apply in all PD districts. (Prior code § 30-14.1 (part).) 18.36.020 Permitted uses. A. Any use approved and made a part of the planned develop- ment plan, as provided in this chapter, shall be permitted, including residential, commercial, utility, institutional, educational, cultural, recreational, or other uses. An occu- pation may be conducted within a residence in any residen- tial planned development subject to first obtaining a use permit and meeting the standards set forth in Section 18.08.030(E) of the city code. Planned developments, re- gardless of their approval date, are subject to this home occupation provision unless expressly prohibited by the ordinance establishing a particular district, or unless pro- hibited by the conditions, covenants and restrictions in the particular planned development. Industrial uses shall not be included in a planned development. Only recreational or open -space uses shall be permitted in the areas designated 0 662-1 (Redding 10-90) ZONING • on the city general plan as "Greenway, Steep Slope, and Creek Bed." When developments are located in areas desig- nated residential in the city general plan, commercial and utility uses (including all floor levels and required parking area) shall not represent more than twenty-five percent of the site, exclusive of those portions of the site desig- nated "Greenway, Steep Slope, and Creek Bed." When com- merical uses are included in areas designated residential on the city general plan, they shall principally serve the resi- dents of the development; provided, that in the high-density residential classification, commercial uses need not principally serve the residents of the development. B. Planned developments shall not combine various uses in a manner which is incompatible, and the development shall conform to the city general plan. (Ord. 1809 § 1, 1987; Ord. 1335 § 1 (part), 1977: prior code § 30-14.1(1).) • (Redding 10-90) 662-2 0 PLANNED DEVELOPMENT (PD) DISTRICT 18.36.030 Off-street parking. Off-street parking shall not be less than required in Chapter 18.62. (Ord. 1335 § I (part), 1977: prior code § 30-14.1(2).) 18.36.040 Public facilities. All uses within a planned development shall be served by city water, sewer and electric systems. All utilities shall be located underground. (Ord. 1335 § 1 (part), 1977: prior code § 30-14.1(3).) 18.36.050 Density. A. The maximum residential density permitted in a planned development shall be computed by deducting any areas shown on the general plan as "greenway, steep slope and creek bed" and any areas proposed to be used for nonresidential uses (including all floor levels and required parking areas for such). The remaining area shall then be • multiplied by an adjusted density factor for the applicable general plan classification as follows: Permitted Densities General Plan Classification Maximum "PD" Density Units/Acre Units/Acre .5 .75 1.0 1.5m159, 2.0 3.0 3.0 4.2 3.5 5.0 6.0 8.4 9.0 12.0 12.0 14.5 18.0 20.0 24.0 24.0 0 663 (Redding 4-88) ZONING • B. Where the general plan designates any portion of the planned development area for nonresidential uses and residential uses are proposed within the area, the maximum residential density permitted shall be twenty-four dwelling units per net acre, computed as in subsection A of this section. C. In order to grant units in excess of that permitted by the general plan but not exceeding the formula above, the following findings must be found to be in evidence: 1. That the number of units and the improvements proposed will not overburden the capacity of drainage channels, utility lines or streets; 2. That the density and design of the project is compatible with adjoining development; 3. That there are no unmitigated substantial adverse environmental impacts. 4. That the development shall conform with the goals and objectives of the general plan; 5. That the development accomplishes the objectives of the "PD" district. • (Ord. 1425 § 1 (part), 1978.) 18.36.060 Height, yard and lot requirements. Maximum building height, yards and distance between buildings shall be as established on the approved final plan; provided, that any building or structure shall set back at least one foot for each foot of building height from the nearest point on the perimeter of the planned development site. Lots in a planned development may be approved which do not meet the minimum size or public street access requirements of Titles 17 and 18. Adequate pedestrian and vehicular access shall be provided. (Ord. 1335 § 1 (part), 1977: prior code § 30-14.1(5).) 18.36.070 Area. Planned developments located wholly or partly within an area designated on the general plan for residential use, excepting the high density residential classification, shall be a minimum of (Redding 488) 664 10 �J PLANNED DEVELOPMENT (PD) DISTRICT five acres, exclusive of any proposed nonresidential uses. All other planned developments shall be a minimum of two acres in area.'(Ord. 1335 § 1 (part), 1977: prior code § 30-14.1(6).) 18.36.080 Street access. Planned developments must adjoin and derive primary vehicular access from a dedicated street with a right -of --way at least sixty feet wide throughout. Such streets shall be improved to the existing city standards for streets of a size adequate to serve the anticipated traffic. (Ord. 1335 § 1 (part), 1977: prior code § 30-14.1(7).) 18.36.090 Open space. A. A planned development containing dwellings shall include private open space adjacent to the dwelling consisting of balconies, fenced deck or fenced land area. For dwelling units, private open space shall be a minimum of twenty-five • percent of the gross floor area; provided, that for dwelling units located entirely above the ground floor the minimum private open space shall be sixty square feet. B. A planned development containing dwellings shall also include common open space consisting of deck, water or land with landscaping or natural vegetation. At least twenty-five percent of the required common open space shall have a slope of five percent or less and shall be landscaped or improved in a manner which makes it available for general multipurpose recreational use. Not more than one-half of this required common open space may consist of water area, improved in a manner which makes it usable for fishing, swimming, boating and boat docking. Not more than fifty percent of the total common open space required shall consist of land with a slope in excess of fifteen percent or water or any combination thereof. C. The minimum amount of common open space required shall be determined based on the applicable general plan classification as follows: 40 665 (Redding 2-15-79) ZONING General Plan Open Space Required Density Classification Square Feet/Unit Units/Acre 0.5 10,000 1.0 5,067 2.0 2,600 3.0 1,905 3.5 1,620 6.0 1,012 9.0 758 12.0 669 18.0 545 24.0 500 When residential uses are proposed in an area designated on the general plan for nonresidential uses, the common open space standard for the eighteen unit per acre classification shall apply. D. Seven and one-half percent of any portion of a planned development devoted to nonresidential uses shall be landscaped common open space area. • E. The planning commission may require the dedication of right-of-way to assure access to open space and recreational areas to all users of the planned development. The developer shall be required to assure the city, in a legally enforceable manner, of the development and continued maintenance of all common open space areas. (Ord. 1425 § 1 (part), 1978.) 18.36. 100 Waiver of standards. In order to allow the maximum amount of flexibility and to encourage creative design, the planning commission may permit deviations from the standards set forth in Sections 18.36.060 through 18.36.090 pertaining to height, yard and lot requirements, area requirements, street access and open space; provided, that the developer demonstrates by his design proposal that the objectives of the general plan and of this chapter will be achieved and that the plan as proposed offers alternative standards and amenities. (Ord. 1335 § 1 (part), 1977: prior code § 30-14.1(9).) (Redding 2-15-79) 666 0 PLANNED DEVELOPMENT (PD) DISTRICT s 18.36.110 Preliminary review. A. The initial step to be taken by the developer is to submit the planned development proposal to the planning department. The proposal shall include the following: 1. Maps or drawings showing proposed land uses and land use on adjacent property; 2. Location of existing and proposed buildings and parking area; 3. Circulation system and existing topography; 4. A tabulation of proposed land uses and residential densities; 5. A schedule of development; and 6. Any additional information which may be required to determine if the proposed development conforms to the city general plan. B. Within thirty days after submission, the board of administrative review shall meet with the applicant and review the proposal. The board shall determine whether the proposal conforms to the general plan and if it complies • with all applicable laws. If the proposal does not comply with the general plan the board shall advise the applicant that it will be necessary for him to apply to the planning commission in writing requesting amendment of the general plan. (Ord. 1335 § 1 (part), 1977: prior code § 30-14.1(10).) 18.36.120 Rezoning application. After review by the board of administrative review, the applicant may then submit to the planning commission the rezoning application, the preliminary plan and the prevailing fee as established by the city council by resolution. The planning commission shall set a public hearing to consider the rezoning. If an amendment to the general plan is required, the public hearing on the amendment and the rezoning may be scheduled concurrently; provided, that the applicant has submitted all the information required in the preliminary plan. The public hearing and action on the rezoning application by the planning commission and city council shall follow the procedure prescribed in Chapter 18.78. The preliminary plan and any 0 667 (Redding 11-80) ZONING • amendments, conditions or requirements shall become part of the ordinance establishing the PD district and shall be the basis for determining conformance of the final plan. The preliminary plan submitted with the rezoning application shall include the following: A. Maps or drawings showing a detailed breakdown of the proposed land use, showing lot lines, location of buildings, parking areas, common grounds, recreation improvements, water areas, proposed grading, location of proposed landscaping, walls, fences, shelters, etc., location, size and character of proposed signs, proposed circulation pattern, including both public and private vehicular and pedestrian ways, provision for storm drainage and public utilities, existing topography, tree cover, buildings, surrounding streets and adjacent land uses. B. At least one perspective drawing or model which will demonstate the architectural character of the project and its effect on existing lines of sight, light and air of adjacent properties; C. A tabulation of the total land area and percentage thereof • designated for various uses; D. A draft of provisions for ultimate ownership and maintenance of the parts of the development, including streets, structures and open spaces; E. Proposed sequence and schedule of development; F. Legal description of subject property; G. Any additional information which may be required to determine if the contemplated arrangement of uses makes it desirable to apply to PD district; H. A land use marketability study prepared by a professionally recognized person or firm, indicating the feasibility of the proposed development and the various land uses proposed therein. The planning commission may waive this requirement of the preliminary plan if, in its judgment, such study is unnecessary for the protection of either city services or the general public. (Ord. 1500 § l (part), 1980.) (Redding 11-80) 668 0 LJ PLANNED DEVELOPMENT (PD) DISTRICT 18.36.130 Final plan consideration. A. The final plan shall include all information required for the preliminary plan, corrected, updated and detailed, and proposed agreements, deed restrictions, bylaws and articles of incorporation which relate to the preservation or maintenance of open space or other common areas. B. Within thirty days of submittal of the final plan, the board of administrative review shall schedule a public hearing theron and give notice thereof in accordance with the procedure provided in subsection B of Section 18.70.040. The board of administrative review shall determine if the fmal plan conforms with the preliminary plan, and shall approve, approve subject to additional conditions, or disapprove the final plan. The action of the board of administrative review shall be determinative as to the final plan in the absence of an appeal. However, in case the applicant or others affected are not satisfied with the action of the board of administrative review, they may, within ten days after the decision, appeal in writing to the planning • commission. The procedure for the appeal shall be that provided in Section 18.70.060; except, that there shall be a further right of administrative appeal to the city council from the decision of the planning commission. The procedure and notice for the appeal to the city council shall follow the procedure of Section 18.72.050. There shall be no administrative appeal from the action of the city council. C. If the final action on the final plan is one of approval subject to the inclusion of substantive changes, the city council shall enact an ordinance amending the ordinance which established the subject PD district so as to include such substantive changes. (Ord. 1335 § 1 (part), 1977: prior code § 30-14.1(12).) 18.36.140 Expiration. A. Unless the final plan is submitted within twelve months of the effective date of the PD ordinance, the preliminary plan shall automatically expire; provided, that the planning commission may extend the expiration date of the preliminary plan for a maximum period of eighteen months • 669 (Redding 9-82) ZONING • upon written application by the developer. If the preliminary plan has expired, the developer shall submit a new application as prescribed in Sections 18.36.110 and 18.36.120, if reconsideration is desired. B. If construction of the approved development is not commenced within one year of the approval of the final plan, the final plan shall expire; provided, that if written application is made for an extension of time by the developer, the planning commission may extend the expiration date of the final plan for a period of not more than one additional year. At the expiration of either the preliminary or the final plan, or any extension thereof granted by the planning commission, because a final plan has not been submitted or construction has not started, the PD zoning shall cease to exist and the property shall automatically be placed in the U unclassified zone. (Ord. 1425 § 1 (part), 1978.) Chapter 18.37 • SPECIAL AGRICULTURAL (A) COMBINING DISTRICT Sections: 18.37.010 Purpose. 18.37.020 Generally. 18.37.030 Minimum area. 18.37.040 Definitions. 18.37.050 Permitted uses. 18.37.060 Uses requiring use permits. 18.37.070 Height. 18.37.080 Minimum parcel area and width. 18.37.090 Yards. 18.37.100 Special yards and distances. 18.37.110 Sanitary conditions required. 18.37.120 Fencing. 18.37.130 Agricultural burning. (Redding 9-82) 670 SPECIAL AGRICULTURAL (A) COMBINING DISTRICT • 18.37.010 Purpose. The purpose of the A special agricultural combining district is to provide for noncommercial and limited commercial agricul- tural pursuits in conjunction with single-family residences on large lots. (Ord. 1580 § 1 (part), 1982.) 18.37.020 Generally. The regulations set forth in this chapter shall apply in any R-1 district, where the district is combined with the A district, and shall be subject to the provisions of Title 7, Chapter 9.32, and Chapter 18.08; provided, however, that if any of the regula- tions specified in this chapter differ from any of the regulations specified in this title, Chapter 9.32, or Title 7 for any district with which is combined an A district, then in such case the provisions of this chapter shall govern. (Ord. 1580 § 1 (part), 1982.) 18.37.030 Minimum area. • The minimum area, regardless of individual lot sizes, which can be zoned A is twenty acres, except (a) where adjacent to land classified as commercial, industrial or agricultural zoned land, the minimum area may be ten acres or (b) subdivisions or neighborhoods which existed prior to the adoption of this code or prior to annexation and which have had a history of animal husbandry or agricultural pursuits, may request a waiver to the minimum area size; however, in no case shall the minimum area be less than ten acres. To obtain the waiver, it must be demon- strated that the following are in evidence: A. The area has had a history of animal husbandry or agricul- tural pursuits; B. The area is not likely to create problems for smaller adjacent urban lots; C. The areas for the keeping of animals would be toward the center of the area to be zoned rather than along the outer edges; D. Special setback requirements can be met for large animals; and • 670-1 (Redding 4-84) ZONING E. There are no lots less than one acre in area. • (Ord. 1661 § 1 (part), 1983.) 18.37.040 Definitions. The definitions set forth in Title 7 shall apply to the A dis- trict. In addition, the following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have meanings respectively ascribed to them by this chapter: A. "Large animals" includes horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, llamas or any other domestic or domesticated animals of similar size and their immature offspring. B. "Medium sized animals" includes sheep, goats and swine. C. "Small animals" includes rabbits, hares, chinchillas, guinea pigs, hamsters, white rats or any other gnawing mammals and their immature offspring. D. "Poultry" includes pigeons, chickens, ducks, geese, turkeys and other domestic or domesticated fowl not including guinea fowl, racing pigeons or peacocks and other than • household pets. (Ord. 1661 § 1 (part), 1983.) 13.37.050 Permitted uses. Uses permitted shall be as follows: A. All uses permitted in the R-1 district with which the A dis- trict is combined; B. Crop, horticultural stock, tree farming and viticulture; C. Animal husbandry and livestock farming, provided that the density of large animals shall not exceed one large ani- mal for every twenty thousand square feet; D. In addition to the density of large and small animals per- mitted, one medium sized animal may be kept on a temporary basis (up to five months a year) at a density not to exceed one medium sized animal per acre. In the absence of any large animals on the propety, medium sized animals may be kept at a density of one per twenty thousand square feet; E. The raising, breeding or keeping of small animals and (Redding 4-84) 670-2 0 SPECIAL AGRICULTURAL (A) COMBINING DISTRICT • poultry, provided that the density of small animals and poultry on lots of five acres or less shall not exceed twenty small animals or poultry per acre and on lots in excess of five acres such density shall not exceed fifty per acre; F. The use of agricultural chemicals such as pesticides, insecti- cides, herbicides, fungicides, rodenticides, sterilants and fertilizers, provided accepted application and storage prac- tices are adhered to and any necessary permits from local, state and federal regulatory agencies are obtained; G. Multiple accessory structures not to exceed two such structures or one thousand square feet of floor space per acre. Such structures may include barns, stables, equipment sheds, pump houses and greenhouses, and must be clearly accessory or incidental to the single-family residential use of the land. (Ord. 1661 § 1 (part), 1983.) 18.37.060 Uses requiring use permits. Uses permitted subject to obtaining a use permit in each ® case shall be as follows: A. Uses permitted by use permit in an R-1 district; B. Kennels, riding academies, public stables, and dairies, pro- vided that the minimum lot size for such uses shall be twenty acres and that all buildings related to such uses shall 0 670-2a (Redding 4-84) 18.37.070 Height. Maximum building height shall be as provided in Chapter 18.08, provided that additional height may be permitted for accessory structures subject to obtaining a use permit. (Ord. 1580 § 1 (part), 1982.) 18.37.080 Minimum parcel area and width. The minimum parcel area in a A district shall be one acre and the minimum parcel width shall be one hundred feet pro- vided that greater minimum areas and width can be required when the A district is combined with the B combining district. • (Ord. 1580 § 1 (part), 1982.) 670-3 (Redding 9-82) SPECIAL AGRICULTURAL (A) COMBINING DISTRICT be a minimum of three hundred feet from any residentially zoned property; C. On-site sales of crops and produce as a home occupation provided that: 1. No retail salesroom or enclosed stand is maintained in connection therewith, 2. That sales shall be conducted a minimum of twenty-five feet from two-lane streets or fifty feet from any four - lane street, 3. That off-street parking at the ratio of one space for each two hundred square feet of sales area shall be provided not less than fifty feet from any public street, 4. That the first twenty-five feet of the driveway adjacent to the street shall be paved to protect the edge of street pavement, 5. That on-site advertising shall be limited to one unlighted sign not exceeding eight square feet, 6. That sales shall be limited solely to agricultural products raised or grown on the permises, . • 7. That no employees are engaged on the property for the purpose of selling other than persons living on the property; D. Accessory structures in excess of the number or size provided for in Section 18.37.050(F), provided that the parcel size is a minimum of three acres. (Ord. 1580 § 1 (part), 1982.) 18.37.070 Height. Maximum building height shall be as provided in Chapter 18.08, provided that additional height may be permitted for accessory structures subject to obtaining a use permit. (Ord. 1580 § 1 (part), 1982.) 18.37.080 Minimum parcel area and width. The minimum parcel area in a A district shall be one acre and the minimum parcel width shall be one hundred feet pro- vided that greater minimum areas and width can be required when the A district is combined with the B combining district. • (Ord. 1580 § 1 (part), 1982.) 670-3 (Redding 9-82) ZONING • 18.37.090 Yards. Minimum yards required shall be as follows: A. Front yards for residences shall be a minimum of thirty feet. Front yards for accessory structures shall be a mini- mum of forty feet, but in no case shall a residence or acces- sory structure. be erected closer that sixty feet from the centerline of any street. B. Side and rear yards shall be a minimum of twenty feet for residences and for any accessory structures over five hundred square feet in area, provided that if such accessory structure is greater than twenty-five feet in height, the side and rear yard setbacks shall be the same as the height of the building. (Ord. 1580 § 1 (part), 1982.) 18.37.100 Special yards and distances. A. Large animals shall not be kept or maintained within seventy-five feet of any dwelling or structure that is occupied or intended for occupancy other than by the • owner or custodian of such animals. B. Swine shall not be kept or maintained closer than five hun- dred feet to any dwelling or structure that is occupied or intended for occupancy other than by the owner or custo- dian of such animals. C. Poultry and small animals shall not be kept closer than fifty feet to any dwelling or structure used that is occupied or intended for occupancy other than by the owner or custo- dian of such animals, nor closer than fifteen feet to any side or rear property line, nor closer than fifty feet to any front property line. (Ord. 1580 § 1 (part), 1982.) 18.37.110 Sanitary conditions required. Sanitary conditions shall be maintained at all times in any agricultural use conducted under this chapter. Manure, dead animals, and decaying vegetable matter shall not be allowed to accumulate on the site creating the potential for odors, vectors, and unsightliness. Such nuisances shall be disposed of with reasonable frequency and in legally prescribed manners. (Ord. 1580 § 1 (part), 1982.) • (Redding 9-82) 670-4 • B COMBINING DISTRICT 18.37.120 Fencing. Fences shall not exceed three feet in height in any required front yard setbacks. Barbed wire or electric fencing if prohibited within ten feet of any public streets. (Ord. 1580 § 1 (part), 1982.) 18.37.130 Agricultural burning. Agricultural burning shall be permitted only as provided by state regulation and subject to obtaining necessary permits from the air pollution control district and the fire marshals. (Ord. 1580 § 1 (part), 1982.) Chapter 18.38 B COMBINING DISTRICT Sections: 18.38.010 Regulations. 18.38.010 Regulations. The following regulations shall apply in lieu of building site area, yard and lot width requirements in the respective districts where such districts are combined with a B district and shall be subject to the provisions of Chapter 18.54. All other provisions of the respective districts shall apply. • 670-5 (Redding 5-92) ZONING • � U U � 'U O `=� bap X n •� C O C /� In .Q E L vl HC C :�. 3 y C 00 Q� E�=Llz� cA •E�3o�no a¢ ��s Q, E �r a. Nm M M M t�1 C O Q •� m U 7 C, C •- o O E O 'C7 cL cL� ct cL cC cL cr O O �� C y � 3 G L 00 3����rnc�rrN C C O S L O 'n o v NMcj c .0 Q• Q' Q• Q• �' �' crCU M O oc QQ- mG R :J C 'J O N v'1 OOOOv�o00 `S 'C c y � C � a O L r C- - 6. S C O v1 O CO Q Qt-1 Q tn� E •� = O'Tr � b0 — _ '� m � C� Gi 11i m m 07 m m a0 6J •� U �-• L (Redding 5-92) 670-6 . RT COMBINING DISTRICT • Chapter 18.40 RT COMBINING DISTRICT Sections: 18.40.010 Generally 18.40.020 Permitted uses. 18.40.030 Uses requiring use permit. 18.40.040 Street access. 18.40.050 Public utilities. 18.40.060 Mobile home park area. 18.40.070 Density. 18.40.010 Generally. The regulations set forth in this chapter shall apply in any R-2, R-3, R-3-15, C-2 or C-3 district, where the district is combined with the RT district, and shall be subject to the provisions of Chapter 18.68 and Chapters 18.50 through 18.60; • provided, however, that if any of the regulations specified in this chapter or Chapter 18.68 differ from any of the corresponding regulations specified in this title for any district with which is combined an RT district, then in such case the provisions of this chapter and Chapter 18.68 shall govern if the use to which the land is put is an RT use. (Prior code § 30-16.1 (part).) 18.40.020 Permitted uses. Uses permitted shall be all uses permitted in the respective district with which the RT district is combined. (Prior code § 30-16.1(1).) 18.40.030 Uses requiring use permit. Uses permitted subject to first procuring a use permit in each case shall be mobile home parks. (Prior code § 30-16.1(2).) 0 671 ZONING • 18.40.040 Street access. Ingress and egress on a designated major street or secondary street shall be as set out in Title 17. (Prior code § 30-16.1(3).) 18.40.050 Public utilities. No use permit shall be issued for an RT use permit use unless and until provision has been made for connections of the subject property to city water and sewer systems. (Prior code § 30-16.1(4).) 18.40.060 Mobile home park area. Mobile home park area requirements shall be five acres minimum. (Prior code § 30-16.1(5).) 18.40.070 Density. Density is not to exceed more than one mobile home for each four thousand square feet of gross land area. (Prior code § • 30-16.1(6).) Chapter 18.42 CT COMBINING DISTRICT Sections: 18.42.010 Generally. 18.42.020 Permitted uses. 18.42.030 Uses requiring use permit. 18.42.040 Street access. 18.42.050 Public utilities. 18.42.060 Area. 18.42.070 Density. 18.42.010 Generally. The regulations set forth in this chapter shall apply in any 672 40 • CT COMBINING DISTRICT C-2, C-3, or M-2 district where such district is combined with the CT district, and shall be subject to the provisions of Chapter 18.68 and Chapters 18.50 through 18.60; provided, however, that if any of the regulations specified in this chapter or Chapter 18.68 differ from any of the corresponding regulations in this title for any district with which is combined a CT district, then in such case the provi- sions of this chapter and Chapter 18.68 shall govern if the use to which the land is put is a CT use. (Prior code § 30-16.2 (part).) 18.42.020 Permitted uses. Uses permitted shall be all uses permitted in the respective districts with which the CT district is combined. (Prior code § 30- 16.2(1).) 18.42.030 Uses requiring use permit. • Uses permitted subject to first procuring a use permit in each case shall be as follows: A. Travel trailer parks; B. Mobile home park in compliance with the RT mobile home park standards found at Section 18.68.100. (Prior code § 30-16.2(2).) 18.42.040 Street access. Ingress and egress on a major street shall be as defined in Title 17. (Prior code § 30-16.2(3).) 18.42.050 Public utilities. No use permit shall be issued for a CT use permit use unless and until provision has been made for connection of the subject property to city water and sewer systems. (Prior code § 30-16.2(4).) 0 673 (Redding 396) ZONING • 18.42.060 Area. Travel trailer park area requirements shall be two acres mini- mum. (Prior code § 30-16.2(5).) 18.42.070 Density. Density is not to exceed more than one dwelling unit for each two thousand five hundred square feet of gross land area. (Prior code § 30-16.2(6).) Chapter 18.43 OPEN SPACE (OS -1) COMBINING DISTRICT 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. The purpose of the improved open space ("OS -I") district is to: A. Provide regulations which will permit more intensive uses of open -space land than are allowed in the open space district; B. Ensure the ability of publicly and privately owned open space to provide for the recreational needs of city residents; C. Ensure that recreation areas blend harmoniously with and are complementary to adjacent land uses. (Ord. 2134 § 1 (Exh. B) (part), 1995.) (Redding 3-96) 674 0 • OPEN SPACE (OS -1) COMBINING DISTRICT 18.43.020 Applicability. The regulations set forth in this chapter shall apply in all open space districts with which "I" districts are combined. (Ord. 2134 § 1 (Exh. B) (part), 1995.) 18.43.030 Permitted uses. Permitted uses in all open space combining districts are as follows: A. Uses permitted outright in the open space district; B. Publicly and privately owned parks, golf courses, playgrounds, recreation areas, and picnic areas, excepting buildings, structures, and parking areas thereon. (Ord. 2134 § 1 (Exh. B) (part), 1995.) 18.43.040 Uses requiring a use permit. • Uses requiring a use permit in all open space combining districts are as follows: Building, structures, and parking areas for uses permitted in this chapter. (Ord. 2134 § 1 (Exh. B) (part), 1995.) 0 674-1 (Redding 3-96) ZONING Chapter 18.44 ST COMBINING DISTRICT Sections: 1&44.010 Generally. 18.44.020 Purpose. 18.44.030 Permitted uses. 18.44.010 Generally. The regulations set forth in this chapter shall apply in addition to the regulations specified in all R-1 and R-2 districts with which are combined an ST district; provided, that if any of the regulations specified in this chapter differ from any of the corresponding regula- tions specified in this title for any district with which is combined an ST district, then the provisions of this chapter shall govern. (Prior code § 30-16.3 (part).) • 18.44.020 Purpose. The purpose of the ST combining district is to provide designat- ed areas within the city wherein a mobile home may be located outside the mobile home parks on an individual lot. The district may be used in areas of five or more acres in size in either of the follow- ing instances: A. Where prior jurisdictions permitted a mixture of dwellings and mobile home users; or B. Where physical isolation of an area insures that location of mobile homes on individual lots will not be detrimental to (Redding 3-96) 674-2 0 s ST COMBINING DISTRICT the value of existing or planned dwelling development. (Prior code § 30-16.3(1).) 18.44.030 Permitted uses. Uses permitted shall be as follows: A. All uses permitted in the respective districts with which the ST district is combined; B. A single-family state -licensed mobile home of not less than four hundred fifty square feet complying with the department of housing standards of the state on a lot; provided as follows: 1. Two accessible and useable covered spaces of not less than ten feet by twenty feet each for the storage of automobiles to be so located on the lot as to meet the requirements of this title for an accessory building, 2. Skirting, constructed of a solid material compatible with the exterior siding of the mobile home, shall be placed completely around the mobile home between the lower • edge thereof and the ground so as to conceal completely the area underneath the mobile home, and shall include a readily removable inspection panel of not less than eighteen inches in width and in height nor less than four square feet in total size. Construction shall be adequate for the design load of the skirting, and no wood shall be used within six inches of the ground; C. Accessory structures normally incidental to a mobile home. (Prior code § 30-16.3(2).) C7 675 (Redding 4-84) ZONING • Chapter 18.45 AA COMBINING DISTRICT—ACCESSORY APARTMENTS Sections: 18.45.010 Purpose. 18.45.020 Generally. 18.45.030 Permitted uses. 18.45.040 Uses requiring use permits. 18.45.010 Purpose. The purpose of the AA accessory apartment combining district is to provide for the conversion of a portion of a single- family home into one accessory apartment that is clearly sub- ordinate to the existing home. This legislation is intended to: A. Add inexpensive rental units to the city's housing stock to meet the needs of smaller low and moderate income house- holds; B. Provide homeowners of above average sized homes an op- • portunity to maintain their present homes in a more afford- able manner or elderly households; C. Act as a transition between new higher density areas and established lower density areas; D. Allow additional development in established single-family areas that have a multiple -family classification on the general plan. (Ord. 1654 § 1 (part), 1983.) 18.45.020 Generally. The regulations set forth in this chapter shall apply in any R-1 district where the district is combined with the AA dis- trict, and shall be subject to the provisions of Chapter 18.08; provided, however, that if any of the regulations specified in this chapter differ from any of the regulations specified in this title, then the provisions of this chapter shall govern. (Ord. 1654 § 1 (part), 1983.) (Redding 4-84) 676 0 • AA COMBINING DISTRICT—ACCESSORY APARTMENTS 18.45.030 Permitted uses. Uses permitted shall be as follows: A. All uses permitted in the R-1 district with which the AA district is combined. B. The conversion of a portion of the existing home to an accessory apartment, provided the following standards and criteria are met: 1. The existing single-family home is one thousand eight hundred square feet in size or larger and the remaining single-family unit, after the conversion, is at least one thou- sand two hundred square feet. 2. The accessory apartment is at least three hundred fifty square feet in size and does not exceed six hundred fifty square feet. The unit shall be limited to not more than one bedroom. Any additions shall not exceed ten percent of the original single-family residence size, exclusive of any garage or accessory structure. 3. The property owner shall have occupied the premises for at • least twelve months prior to the conversion and one of the units shall remain owner occupied. a. A new separate entrance shall be provided to the new unit on the side or in the rear of the building. b. Any additions shall be made to blend into the appear- ance of the existing house. c. Where adjacent to an R-1 district, a six -foot -high fence shall be installed on the property line of the entrance to the new unit within ten feet of the property line. 4. At least three on-site parking spaces shall be provided with a minimum of two covered spaces to meet the requirements of Section 18.62.130, provided the maximum curb cut shall not exceed twenty feet in the case of vertical curb and that not more than thirty-six percent of the width of the front yard is used for parking. 5. The single-family dwelling to be converted must be located on a lot that exceeds the minimum lot size of the zoning district by twenty-five percent. • 676-1 (Redding 10-95) ZONING • 6. The maximum building coverage of the lot shall not exceed fifty percent of the gross lot area after conversion. 7. Both units are connected to sanitary sewer. 8. Separate and accessible water and electric shutoffs will be provided for each unit. (Ord. 1654 § 1 (part), 1983.) 18.45.040 Uses requiring use permits. Uses permitted subject to obtaining a use permit in each case shall be as follows: A. Conversion of a detached accessory structure to an accessory apartment; B. A conversion to an accessory apartment that requires an ex- ception of the standards established in Section 18.45.030 A and B; C. Creation of an accessory apartment located on the second or higher floor of a building. • (Ord. 1654 § 1 (part), 1983.) Chapter 18.46 F COMBINING DISTRICT—SITE PLAN REVIEW* Sections: 18.46.010 Purpose. 18.46.020 Applicability. 18.46.030 Authority. 18.46.040 Application. 18.46.050 Determination by planning director. 18.46.060 Appeal procedure. 18.46.070 Hearing before board of administrative review. 18.46.080 Revocation. *Prior history: Prior code Section 30 -17(a) --(e). (Redding 10-95) 676-2 • • F COMBINING DISTRICT—SITE PLAN REVIEW 18.46.010 Purpose. The purpose of this chapter to ensure that structures and other land uses are properly located on a given site in relation to surround- ing zoning classifications and/or the nature of existing or planned adjacent land uses. Site -plan review may include the determination of appropriate building height, building location and orientation, yard dimensions, landscape, pedestrian walks, fencing, location of parking areas, traffic circulation, trash enclosures, and architectural features when, in the opinion of the city council, control of these site -plan elements is considered necessary to protect the health, safety, peace, comfort, convenience, and general welfare of the citizens of the city. (Ord. 2120 § 1 (Exh. A) (part), 1995.) 18.46.020 Applicability. The regulations set forth in this chapter shall apply in all districts with which are combined F districts and shall be in addition to the regulations of the underlying district. In instances where the require- ments contained within an F district conflict with the underlying district, the provisions of the F district shall govern. The planning commission shall, at the time an F district is considered, establish guidelines within the stated purposes of this district to be utilized in the preparation of a development plan. (Ord. 2120 § 1 (Exh. A) (part), 1995.) 18.46.030 Authority. The planning director or his designated representative is autho- rized to grant site -plan -review permits in accordance with the proce- dures of this chapter. In the granting of such permits, the planning director may impose such conditions as are deemed necessary to ensure compatibility with surrounding uses and to preserve public health, safety and welfare. (Ord. 2120 § 1 (Exh. A) (part), 1995.) . 676-3 (Redding 10-95) ZONING • 18.46.040 Application. An application for a site -plan -review permit shall be filed with the planning director in a form prescribed by the planning director and shall be accompanied by plans and elevations necessary to show details of the proposed use and the location of proposed buildings, parking and storage areas, landscape, loading areas, etc. The applica- tion shall be accompanied by a fee as established by resolution of the city council. (Ord. 2120 § 1 (Exh. A) (part), 1995.) 18.46.050 Determination by planning director. Within five working days of receipt of a complete application, the planning director shall make a determination to either approve, conditionally approve, or deny the application or refer it to the board of administrative review (board) for consideration. If the application is referred to the board, notification of the action shall be accom- plished in accordance with Chapter 18.70; otherwise, adjacent property owner notification is not required. Notice of approval, • conditional approval, or denial shall be prepared in written form, specifying the nature of the proposed use and reciting such condi- tions and limitations that may be imposed in consideration for such approval. (Ord. 2120 § 1 (Exh. A) (part), 1995.) 18.46.060 Appeal procedure. The applicant or any person may appeal the determination of the planning director to the board of administrative review within seven calendar days after such determination has been mailed. Such appeal may be made by filing a written notice of appeal in letter form to the planning director, together with an appeal fee established by the city council by resolution. If no appeal is taken within seven days after the findings and decision of the planning director have been mailed, the decision of the planning director shall be final. In the event an appeal is filed, the matter shall be set for hearing before the board of administrative review at its next regular meeting, (Redding 10-95) 676-4 0 • F COMBINING DISTRICT—SITE PLAN REVIEW occurring not later than ten calendar days after the appeal is filed; and notice of the nature, the time, and the place of said hearing shall be given by the planning director to the applicant, the appellant, and the owners of abutting property by first-class mail at least five calendar days prior to the hearing. (Ord. 2120 § 1 (Exh. A) (part), 1995.) 18.46.070 Hearing before board of administrative review. The board of administrative review shall hear the appeal at the time and place set forth in said notice and may continue said hearing from time to time for the purpose of considering further evidence. Not more than seven calendar days following the close of the hear- ing, the board of administrative review shall render its decision. The findings and decision of the board of administrative review may be appealed as set forth in Chapter 18.70 (Use Permits). (Ord. 2120 § 1 (Exh. A) (part), 1995.) 18.46.080 Revocation. Revocation of a site -plan -review permit shall be in accordance with procedures established in Chapter 18.76 (Revocation/Expiration of Permit or Variance). (Ord. 2120 § 1 (Exh. A) (part), 1995.) 0 677 (Redding 10-95) ZONING Chapter 18.47 FP FLOODPLAIN COMBINING DISTRICT Sections: relocated. 18.47.010 Purpose. 18.47.020 Definitions. 18.47.030 Applicability. 18.47.040 General provisions. 18.47.050 Uses prohibited in a flood -fringe area. 18.47.060 Permitted uses within the flood fringe. 18.47.070 Permitted uses within the FP district, outside of the floodway and the flood fringe. 18.47.080 Uses requiring a use permit within the flood fringe. 18.47.090 Construction standards. 18.47.100 Existing parcels. 18.47.110 Application for encroachment into the flood fringe. 18.47.120 Equal encroachment. 18.47.130 Environmental review. 18.47.135 Whenever a watercourse is to be altered or • 40 (Redding 10-95) 678 0 relocated. 18.47.140 Warning and disclaimer of liability. 18.47.150 Nonconforming uses to floodplains. 18.47.160 Prohibitions. 18.47.170 Nuisance. 18.47.180 Standards for subdivisions. 18.47.190 Variances. • 40 (Redding 10-95) 678 0 FP FLOODPLAIN COMBINING DISTRICT • 18.47.010 Purpose. A. The Federal Emergency Management Agency (FEMA) requires that flood hazard regulations be adopted by all agencies participating in the National Flood Insurance Program, which was established by Congress for the purpose of minimizing flood losses by providing federally subsidized flood insurance for existing structures and reduced premiums for new structures. To participate in the program, the city must adopt and enforce floodplain management measures to reduce the risk of flood losses. It is the purpose of the FP combining district to implement this federal mandate, to carry out the city's general plan policies regard- ing development in floodplain areas, and to provide land use regulations in areas with properties situated within the designated floodplains of rivers, creeks, streams and water- courses in order to: 1. Protect public health, safety and welfare; 2. Minimize public and private losses as a product of floods or construction in flood hazard areas; • 3. Require that uses vulnerable to floods be protected against flood damage by incorporating floodproof construction standards in their design or be developed outside flood -prone areas at the time of their initial construction; 4. Protect riparian corridors along waterways by reducing alterations to the natural floodplain and stream channels which help accommodate floodwaters by encouraging sensitive development adjacent to and within floodplains; 5. Prohibit filling, grading, dredging, or development which may individually or cumulatively cause flood damage or danger to life or property; 6. Prevent stream erosion which may adversely affect the fisheries of streams and the river or cause loss of property; 7. Prevent the construction of flood barriers which may unnaturally direct floodwaters or raise flood levels thereby increasing flood hazards in other areas; 8. Protect areas of pleasing appearance to the community and visitors; enhance the natural environment through 0 678-1 (Redding 11-85) ZONING the provision of open space; break up the monotony of continuous urban development; and increase community pride; 9. Make every effort to preserve and improve public access to and along the Sacramento River and creeks for riding, hiking, fishing and nature observation; 10. Encourage development to occur outside of flood -prone areas; 11. Reduce public liability and the need for expensive public works projects in flood -prone areas; 12. Preserve wildlife and wildlife habitat along the Sacramento River and area creeks from erosion, loss of vegetation, degradation of water quality and loss of thermal cooling; 13. Ensure that adequate capacity for future urban runoff is reserved; 14. Recognize the Sacramento River as an economic resource for tourism, commercial recreation, private recreation and public enjoyment; 15. Ensure that, as a product of any encroachment into the • floodplain, flood levels are not significantly raised on other properties resulting in a need for further encroach- ment to protect the property; 16. Ensure that stream velocities are not significantly increased which could cause erosion above, below or across from an area of encroachment or realignment. 17. Ensure that proposals to encroach into floodplains fully address the following issues: a. Size of stream, major or minor, b. Existing and future volume of water, c. Existing and future changes in the velocity of water, d. Impact on adjoining properties, e. Potential for increased erosion upstream or down- stream, f. Potential for riprap and type of riprap, g. Riparian habitat, h. Fisheries and wildlife, i. Urban trails and fishing access, j. Water temperature, k. Aesthetics, (Redding 11-85) 678-2 0 • FP FLOODPLAIN COMBINING DISTRICT 1. General plan consistency, in. Liability, both public and private, n. Depth of floodplain and fill needed, o. Amount of existing usable area on parcel and additional area to be created, p. Maintenance responsibility and costs, q. Short-term gains versus long-term costs, r. Future increases in runoff, 18. Protect individuals from buying land by identifying such land which is unsuited for intended purposes because of flood hazards. (Ord. 1734 § 1 (part), 1985.) 18.47.020 Definitions. As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them: • 1. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance. 2. "Area of shallow flooding" means a designated AO, AH, or VO Zone on the Flood Insurance Rate Map (FIRM). The base -flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeter- minate; and velocity flow may be evident. 3. "Area of Special Flood Hazard." See "special flood hazard area." 4. "Base flood" means a flood having a one percent chance of being equalled or exceeded in any given year. Same as the one - hundred -year floodplain. 5. "Base floodplain" means the area covered by a base flood which is generally defined by FEMA as Zones A, AO, Al -30, and AE on the Flood Insurance Rate Map or the base flood area or elevation shown on any drainage study approved or adopted by the city, whichever is highest. 6. "Contiguous to" means property bordering the base floodplain which would have a finished lot level of less than one foot above the base flood elevation and unless otherwise protected. • 678-3 (Redding 10-94) ZONING • 7. "Design flood" means the flood against which protection is to be provided by means of land -use regulation, flood protective, or flood -control works. The design flood shall be the base flood recurrence interval (see "base flood" definition). 8. "Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, landscap- ing, paving, excavation, or drilling operations. 9. "Equal conveyance" means an equal amount of encroachment on both sides of a channel and an equal displacement of water or narrowing of the natural channel. 10. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, or suddenly caused by an unusually high water • level in a natural body of water accompanied by a severe storm, or by an unanticipated force of nature such as flash flood, or an abnormal tidal surge, or by some similarly unusual and unfore- seeable event which results in flooding as defined in this defini- tion. 11. "Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. 12. "Flood fringe" means the area between the one hundred -year flood boundary and the floodway shown on the Flood Boundary and Floodway Map incorporated in the Flood Insurance Study. 13. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the "floodplain" and "risk -premium" zones applicable to the city. 14. "Flood insurance study" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the communi- ty. (Redding 10-94) 6784 • FP FLOODPLAIN COMBINING DISTRICT • 15. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. 16. "Floodplain' includes the floodway, flood fringe, and means the same as "base floodplain' and the "area of special flood hazard." "Floodplain" or "floodplain area" means any land area suscepti- ble to being inundated by water from any source. (See definition of "flooding"). The elevations and boundaries of flooding within the floodplain are defined by Zones A, AO, Al -30, and AE of the Flood Insurance Rate Map prepared by the Federal Emergen- cy Management Agency (FEMA) or as shown on any drainage study approved or adopted by the city, whichever is highest. For creeks where FEMA has not established floodplain elevations with a detailed study, the elevations shall be deter- mined by a registered civil engineer and approved by the plan- ning commission pursuant to Section 18.47.110 of this code. Backwater areas along the Sacramento River, or creeks which rise or fall with the level of water in the adjacent stream, are considered to be within the floodplain unless proven by a li- censed hydrologist/ engineer that those water levels are not the same as the floodplain of the adjacent stream and have a flood- plain of their own. For creeks in Redding, floodplain events for the "base flood" have one percent chance of being equalled or exceed in any given year. This means that property developed below the base - flood elevation will, on the average, be flooded one time during a 100 -year period. For the Sacramento River, the probability of property being flooded below the base -flood elevations is greater because the design and operation of Shasta Dam upstream are based on maximum -controlled ten-year, fifty-year and 100 -year flood releases of seventy-nine thousand cubic feet per second; thus the base -flood event for the river has ten percent chance of being equaled or exceeded in any given year. This means that property developed below the base -flood elevation will be, on the aver- age, flooded ten times in a 100 -year period. 678-5 (Redding 10-94) ZONING 17. 18 19 20. 21 22. 23 24. "Floodplain area" means an area having flood, mud slide (i.e., mud flow) and/or flood -related erosion hazards, as shown on a Flood Insurance Rate Map (FIRM) or flood boundary and floodway map and also that area shown on any drainage study approved or adopted by the city, whichever is highest. "Floodplain district (FP)" is a zoning district that is combined with other zoning designations of lots that are either wholly or partially within the floodplain. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency prepared- ness plans, flood -control works, and floodplain management regulations. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grad- ing ordinance, and erosion -control ordinance), and other applica- tions of police power. The tern describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofing" means any combination of structural and non- structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate, or improved real property, water and sanitary facilities, and structures and their contents. "Flood protection" means an action taken to protect property and structures from inundation by the baseflood or greater event. "Flood -related erosion" means the collapse or subsidence of land along the shore of a river, creek, or other body of water as a result of erosion or undermining caused by currents of water exceeding anticipated cyclical levels, or suddenly caused by an unusually high water level in a natural body of water accompa- nied by a severe storm, or by an unanticipated force of nature such as a flash flood, or by some similarly unusual and unfore- seeable event which results in flooding. "Floodway" includes the channel and adjacent area of a water- way that must be kept free of encroachment or alteration in order that a base -flood event may be carried without substantial in- creases in flood heights or flood velocities. The width and (Redding 10-94) 678-6 • is • • FP FLOODPLAIN COMBINING DISTRICT location of-the•floodway are determined.by cross sections pre- sented in the Flood Insurance Study prepared by the Federal Emergency Management Agency dated September 28, 1989, on file in the city planning department, as may be amended from time to time. "Floodway" includes those areas so designated on any drainage study approved or adopted by the city. 25. "Freeboard" means a factor of safety expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbaniza- tion of the watershed. 26. Hydraulic Engineering Center Model 1 (HEC -1). The model is designed to simulate the surface runoff response of a stream basin to precipitation by representing the basin as an intercon- nected system of hydrologic and hydraulic components. Each component models an aspect of the precipitation runoff process • within a portion of the basin, commonly referred to as a subbasin. A component may represent a surface runoff entity, a stream channel, or a reservoir. Representation of a component requires a set of parameters which specify the particular charac- teristics of the component and mathematical relations which describe the physical processes. The result of the modeling process is the computation of stream flow by hydrographs at desired locations in the stream basin. The model can be used in making flood predictions from rainfall runoff for any state of upstream urbanization. In so doing, the model considers time of concentration and detention characteristics of the tributary area. The model can also be used to estimate the velocity of surface water, but cannot be used to determine backwater curve elevations. A hydraulic computer program (HEC -2) is generally used in conjunction with HEC -I to obtain backwater curves or surface -water profiles. The model can also be used to develop discharge frequency curve and associated levels of confidence through sensitivity analysis of rainfall and runoff parameter input. is 678-7 (Redding 10-94) ZONING 27. Hydraulic Engineer Center Model 2 (HEC -2). This model is intended for calculating water -surface profiles for steady, gradu- ally varied flow in natural or manmade channels. Both subcriti- cal and supercritical flow profiles can be calculated. The effects of various obstructions such as bridges, culverts, weirs, and structures in the floodplain may be considered in the computa- tions. The computational procedure is based on the solution of the one-dimensional energy equation with energy loss due to friction evaluated with Manning's equation. The computational procedure is generally known as the standard step method. The program is also designed for application in floodplain manage- ment and flood -insurance studies to evaluate floodway encroach- ments and to designate flood -hazard zones. Also, capabilities are available for assessing the effects of channel improvements and levees on water -surface profiles. 28. Hydraulic Engineering Center Water Resources Council Model CPD -13. This model is used in calculating the flood -frequency curve from data over a period of time from stream -gauge history • of sufficient length (at least ten years). The model is capable of developing confidence limits associated with the frequency curve. 29. "Lowest floor" means the lowest floor of the lowest enclosed area including a basement and garage. 30. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. For insur- ance purposes, the term does not include park trailers, travel trailers, and other similar vehicles. 31. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. 32. "Scenic or riparian corridor" includes areas that border segments of seasonal creeks and all of the Sacramento River's floodplain which contains vegetation natural to waterways. • (Redding 10-94) 678-8 • FP FLOODPLAIN COMBINING DISTRICT • 33. "Special flood hazard area (SFHA)" means an area having special flood or flood -related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al -30, AE, A99, AH, VO, V1-30, VE, or V. 34. "Standard project flood" is the largest flood that can be expected from the most severe combination of meteorological and hydro- logical conditions reasonably characteristic of the geographical region involved. Such a flood provides a reasonable upper limit to be considered in designing floodcontrol works, in delineating floodplain limits, and shall be generally applicable where its occurrence would have a high probability of hazard to human life. 35. "Start of construction" includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of slab or footings, the installation of piles, the construc- tion of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; nor does it include the installa- tion of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. 36. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, wheth- er or not that alteration affects the external dimensions of the 678-9 (Redding 10-94) ZONING • structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Histor- ic Places or a State Inventory of Historic Places. 37. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. 38. "Velocity of water" is the rate of flow measured in feet per second at specified depths within the floodway, flood fringe, or area immediately adjacent to a proposed floodplain encroach- ment. 39. "Violation" means the failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the eleva- tion certificate, other certifications, or other evidence of compli- ance required in this chapter is presumed to be in violation until such time as that documentation is provided. (Ord. 2089 § 1, 1994; Ord. 1835 § 1(A), 1988.) is 18.47.030 Applicability. The regulations of this chapter provide seven levels of protection within and along waterways of the FP combining district by (1) generally prohibiting development within the floodway; (2) allowing only limited use and development in the floodway fringe; (3) regulat- ing uses and development in properties contiguous to the flood fringe and outside of the floodplain, which do not meet the minimum protection standards; (4) reviewing proposed development located in designated scenic corridors; (5) reviewing all development permits to determine that the permit requirements of this chapter have been satisfied; (6) reviewing all permits to determine that the site is reasonably safe from flooding; and (7) reviewing all development permits to determine if the proposed development adversely affects the flood -carving capacity of the area of special flood hazard. • (Redding 10-94) 678-10 FP FLOODPLAIN COMBINING DISTRICT Accordingly; the regulatory scope of this chapter is as follows: A. These regulations and standards shall be applied uniformly to all lots which, after considering evidence from flood experience and engineering studies, are deemed subject to inundation by a one - hundred -year flood are within the FP district of the city limits and are recommended for all lots meeting the same criteria within the city's sphere of influence; B. These regulations and standards shall apply to land outside of the floodplain, but within the FP district, if the planning com- mission determines that the proposed development or use of the property bears relationship to the floodplain, has an unprotected finished floor level of less than two feet above the one -hundred - year flood elevation, may adversely affect a designated scenic corridor or where a potential of bank undermining exists; C. Property that is zoned U unclassified district and is determined to be contiguous to, within, or partially within the floodplain, subsequent to the adoption of this chapter, is automatically subject to the regulations of the FP combining district without further consideration by the planning commission and city council and shall be considered as if already zoned FP floodplain district; D. Ensure that floodplain development does not unnecessarily ad- versely affect a scenic corridor or riparian habitat. (Ord. 1734 § 1 (part), 1985.) 18.47.040 General provisions. A. Except as provided for in this chapter, all development and uses in the base floodplain, including grading and fill, are prohibited without approval, as specified herein. B. Any development within the floodplain as determined by FEMA or higher floodplain elevation adopted by the city shall comply with the standards of Section 60.3 (a. b, c, and d) and Section 60.6(a) of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59), incorporated herein by refer- ence; the development standards of this chapter, and any condi- tions of approval applied to the development. 678-11 (Redding 10-94) ZONING C. Where there appears to be a conflict between a mapped bound- ary and actual field conditions and the conflict cannot be attrib- uted to fill material being deposited to alter the elevations, the planning commission may make interpretations, where needed, as to the exact location of the boundary of the floodway and flood fringe consistent with the purpose of this chapter. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be reviewed consistent with the variance and exception procedures of Title 44, Section 60.6 of the Rules and Regula- tions of the National Flood Insurance Program (44 CFR 59, etc.). All costs for information necessary to make an interpretation shall be borne by the property owner and shall follow the proce- dures listed in Section 18.47.100. D. Backwater areas along streams which rise or fall with the level of water in the adjacent stream are considered to be within the base floodplain of the adjacent creek or stream unless proven by a registered hydrologist/engineer that these water levels are not the same level as the base flood of the adjacent stream and may have a base floodplain of their own. E. Encroachment into floodplains shall not cause the water velocity of the base flood to increase more than two feet per second, as measured at the closest point to the proposed encroachment or any existing structures where the depth is two feet; nor shall water velocities be made sufficient to cant' obstructions into the floodway; nor shall the base -flood elevation, as a product of encroachment, be raised by more than three inches from en- croachment on one side only or more than six inches taking into consideration encroachment on both sides. F. All floodplain elevations shall include runoff from future up- stream urbanization and shall assume equal encroachment on both sides of a stream. G. When base flood elevation data has not been provided by feder- al, state or local agencies, the owner shall be responsible for obtaining the information in accordance with Section 18.47.110. H. Certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the structure's lowest horizontal (Redding 10-94) 678-12 • • 0 FP FLOODPLAIN COMBINING DISTRICT • member, is,required at the time when the footings are set and slab poured. Failure to submit elevation certification shall be cause to issue a stop -work order for a project. As -built plans certifying the elevation of the lowest adjacent grade are required to be submitted to the building official. I. The public works department will review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972. (Ord. 2089 § 2, 1994; Ord. 1835 § 1(B), 1988; Ord. 1734 § 1 (part), 1985.) 18.47.050 Uses prohibited in a flood -fringe area. The following uses in a flood -fringe area are prohibited unless the area is raised to a height of one foot above the estimated base flood elevation based upon an approved application for encroach- ment. A. The storage or processing of materials that, in time of flooding, are buoyant, or explosive; that could be injurious to human, animal, or plant life; or that may unduly affect the capacity of the floodway or unduly increase flood heights. B. Mobile homes and manufactured homes. This prohibition also applies to trailers, campers, and similar vehicles when placed on a site for greater than one hundred eighty consecutive days. C. Underground storage of toxic or flammable substances that could be injurious to human, animal, or plant life. (Ord. 1835 § 1(C), 1988.) 18.47.060 Permitted uses within the flood fringe. The following uses in the FP district are allowed within the flood fringe provided they are allowed in the district combined with the FP district, meet FEMA development standards, and do not extend into the floodway: 1. Actions approved by the Department of Fish and Game to enhance riparian or wildlife habitat; 678-13 (Redding 10-94) ZONING 0 2. Emergency actions approved by the city manager taken to protect existing property or facilities not including concrete or asphalt riprap or narrowing the existing channel; 3. Removal of water -deposited debris that could result in channel alteration subject to obtaining a grading permit and any permits from the Department of Fish and Game; 4. Maintenance and repair to existing structures and yards pursuant to Chapter 18.58 of this code and normal maintenance of exist- ing channels, ditches or levees; 5. Bridges with a design capacity to pass a one -hundred -year flood without impedance of base floodwaters, taking into consideration full urbanization of the tributary area. (Ord. 1734 § 1 (part), 1985.) 18.47.070 Permitted uses within the FP district, outside of the floodway and the flood fringe. The following uses are permitted without a use permit in the FP • district for the area outside of the flood fringe: A. Any permitted use in the district combined with the FP district, provided there is not any encroachment into the floodplain. The minimum setback from the base floodplain shall be thirty feet when adjacent to the Sacramento River where there is moving water. The minimum setback from creeks shall be fifteen feet. The finished floor elevation of any habitable structure shall be one foot above the base floodplain elevation, as identified by FEMA, and the structure shall have year-round access not subject to inundation by a base flood of a depth of more than one foot. (Ord. 1835 § 1(D), 1988.) • (Redding 10-94) 678-14 • FP FLOODPLAIN COMBINING DISTRICT 18.47.080 Uses requiring a use permit within the flood fringe. The following uses may be permitted by use permit in the FP district for the area outside of the floodway, provided such uses meet the standards of Section 18.47.090: A. Flood -control projects; B. Gravel and sand -extraction operations along Stillwater Creek when a riparian and fishery reclamation plan has been approved by the planning commission and necessary permits have been obtained from the State Department of Fish and Game and the Army Corps of Engineers provided such operations will not broaden the floodplain nor direct flood flows out of the natural floodplain; C. Public parks, picnic areas, playgrounds, boat launch, equestrian, pedestrian and bicycle trails, and golf courses which involve only the open use of land without permanent structures and which do not impede flood flows; D. Water -related recreational uses not exceeding thirty consecutive days in any one year, excluding recreational uses that create noise levels exceeding a fifteen -minute LEQ of sixty dbA adjacent to the nearest residential property boundary, which would create permanent improvements or would result in destruction of banks; E. Underground utilities including sewer, water, electric, telephone and cable lines properly floodproofed. Overhead electric lines greater than twelve kv; F. Agriculture and hobby farming including field crops, orchards, vineyards and grazing; G. New residential, agricultural and commercial structures permitted by the underlying district regulations involved provided floodproofing and/or flood -protective measures have been installed in a manner meeting with the approval of the city's engineer, chief building official and fire marshal; H. Hydroelectric projects pursuant to the preparation of an environmental impact report; 1. Unless otherwise noted, any use allowed by the district with which the FP district is combined may be permitted subject to obtaining a use permit provided the following are in evidence: 0 678-15 (Redding 4-88) ZONING • 1. The use meets the provisions of this chapter, 2. The use is consistent with the Redding general plan, 3. The use is consistent with the zoning of the parcel. 4. Adequate floodproofing and/or flood protection measures have been installed meeting with the approval of the city engineer, building official, fire marshal and planning commission. (Ord. 1835 § 1(E), 1988; Ord. 1734 § 1 (part), 1985.) 18.47.090 Construction standards. Any structures or construction activities within the flood fringe or floodway shall be subject to the following: A. Construction, General. 1. No construction or grading is to limit the capacity of the floodway or increase the elevation of the base flood surface by more than one-half foot, assuming equal en- croachment on both sides or more than three inches from encroachment on one side only. All structures are • to be located outside the floodway. B. Anchoring. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. C. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall use methods and practices that minimize flood damage. 3. All nonstructural elements that function as a part of the structure, such as furnace, hot water heater, air condi- tioner, etc., shall be elevated to one foot above the base flood elevation or depth number specified on the flood insurance rate map (FIRM). D. Elevation and Floodproofing. 1. New construction and substantial improvement of any structure shall have the bottom of the lowest floor beam or basement floor elevated six inches above the base (Redding 488) 678-16 0 FP FLOODPLAIN COMBINING DISTRICT flood elevation and the finished floor elevation shall be one foot above the base flood elevation. Upon com- pletion of the structure, the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or licensed land sur- veyor. Said certification shall then be submitted to the building official, who shall then verify that certifica- tion requirements have been met. 2. If there is no depth number on the Flood Insurance Rate Map (FIRM) for the base flood elevation, then the bottom of the lowest floor beam or basement floor shall be elevated six inches above the calculated base flood elevation. Nonhabitable structures will meet standards in subsection D3 of this section. Upon completion of the structure, evidence of compliance to the elevation requirement shall be submitted to the building official, which shall be certified by a registered professional engineer or licensed land surveyor. 3. Nonresidential construction shall either be . elevated in • conformance with subsection DI or 2 of this section or together with attendant utility and sanitary fa- cilities, be floodproofed to the base flood elevation, in- cluding the following standards: a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;and c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the city's building department. E. Require for all new construction and substantial improve- ments that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allow- ing for entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered 40 678-17 (Redding 4-88) ZONING is professional engineer or architect or meet or exceed the following minimum criteria: 1. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be pro- vided, or the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, or 2. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administra- tion. F. Standards for Utilities. 1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or elimin- ate infiltration of floodwaters into the system and dis- charge from systems into floodwaters. 2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during • flooding. G. Standards for Levees. 1. Design criteria for levees shall incorporate adequate design and operation and maintenance systems to pro- vide protection from the base flood. The following re- quirements must be met: a. Freeboard-riverine levees must provide a minimum freeboard of three feet above the water -surface level of the base flood. An additional one foot above the minimum is required within one hundred feet in either side of structures (such as bridges) riverward of the levee or wherever the flow is constructed. An additional one-half foot above the minimum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required. (Ord. 1835 § 1(F), 1988; Ord. 1734 § 1 (part), 1985.) • (Redding 4-88) 678-18 FP FLOODPLAIN COMBINING DISTRICT • 18.47.100 Existing parcels. Existing parcels which, at the time of the effective date of this chapter, fall wholly within a floodplain, or which have a residual area outside of the floodplain which, by itself, does not meet the minimum lot size for the zoning district in which it is located or is less than five thousand square feet, whichever is less, may seek relief as follows: A. Petition to encroach into the flood fringe pursuant to Section 18.47.110; B. Seek a use permit to reduce any required setback by fifty percent provided the floodplain area is placed in an open - space easement or dedicated to the city; C. Offer to dedicate the flood -fringe area to the city council in exchange for a dwelling unit credit at a ratio of one unit per ten acres dedicated. Floodplain areas claimed by the state are not eligible for a dwelling unit credit. If the city council approves the exchange, the dwelling unit credit could then be added to the density of any unsubdivided residential property of five acres or more in the city, subject to the • following: 1. Any dwelling unit credit must be used within five years of the date approved by the city council; 2. The density of the recipient property is not increased by more than twenty percent above what the Redding general plan otherwise would allow; 3. The dwelling unit credit would not change the intended use shown by the general plan. For example, single- family would not become multiple -family; 4. The development of the recipient property meets all other standards of the city pertaining to the property; 5. The dwelling unit credit is not in addition to any other bonus density provisions sought for the property; 6. Any dwelling unit credit shall be in the form of a recorded agreement. D. The fringe area shall be calculated as follows: • 678-19 (Redding 4-88) ZONING 1. The base floodplain elevation and the edge of floodway shall be plotted on a one -to -four -foot interval contour map of the property. The area then bonded by the edge of floodway, the edge of base floodplain, and property lines shall then be planimetered to calculate the flood fringe. That number shall then be divided by ten and re- duced to the nearest whole number. In the event the flood -fringe area is less than ten acres, one dwelling unit credit can be given. E. Any offer to dedicate flood fringe shall also include any adjacent floodway under the same ownership. F. Areas that are surrounded by floodway are not considered eligible for density credit. (Ord. 1835 § 1(G), 1988; Ord. 1734 § 1 (part), 1985.) 18.47.110 Application for encroachment into the flood fringe. Property owners requesting permission to encroach into the flood fringe shall submit to the planning commission a • hydraulic assessment of the base flood event prepared by a hydrologist who is a registered civil engineer. The cost of evaluating the analysis by the city or its consultant will be the responsibility of the applicant. The assessment shall meet the requirements for surveying, hydraulic analysis, and flood -flow frequency analysis, as outlined in the "Guidelines for Con- tractors" prepared by FEMA dated September 1982, or as sub- sequently amended. The city shall specify the hydraulic method and model to be used. Acceptable models for water -surface profiles include the latest version of the HEC -2. The city shall also require that calculations include the runoff from projected upstream urbanization of the tributary area which may be ob- tained from the HEC -I hydrograph model. The assessment shall include a flood -flow frequency analysis obtained from HECWRC Program Model (CPD 13) and, when there is insufficient gauged flood history, then the frequency analysis and associated levels of confidence shall be developed through sensitivity analysis of rainfall and runoff parameters impacts using HEC -l. The results of the estimated frequency (Redding 4-88) 678-20 • • FP FLOODPLAIN COMBINING DISTRICT curve of the base flood event and resulting surface -water analysis shall be compared with a frequency chart using a ninety percent confidence limit and curves of standard deviations from the mean versus the frequency exceedance range showing bands of confidence ranging from .05 to .95. The assessment shall also include calculations and cross sections with a minimum interval of one hundred feet or less based on one - foot contour intervals and shall be submitted in a format for review by the city, relative to FEMA Flood Insurance Study Guidelines. Additional information may also be required by the city as necessary to make a final determination. (Ord. 1835 § 1(H), 1988.) 18.47.120 Equal encroachment. All requests for encroachments into a floodplain shall assume equal encroachment on both sides of a stream unless it can clearly be determined that the opposite bank above the base floodplain elevation which would be affected is unusable and not subject to • erosion, undercutting from increased water velocity or raised flood levels, or has been placed in a permanent open -space status to the extent that there would be no impact from an increase in the level of the base flood. (Ord. 1835 § 1(I), 1988.) is 18.47.130 Environmental review. Any application for encroachment into a flood -fringe area shall be subject to Chapter 18.64 of this code. Any encroachment which significantly raises the projected flood levels on adjacent property, or has the potential to increase erosion, or diverts the natural flow of water, or falls under Sections 18.64.130 and 18.64.150 of this code, shall be subject to an environmental impact report. The envi- ronmental impact report shall evaluate the area needed to make a determination, taking into consideration the cumulative and long -tern impact of the proposed encroachment, the relationship of the project to the purpose of this chapter and alternatives to the proposed project. (Ord. 2089 § 3, 1994: Ord. 1734 § 1 (part), 1985.) 678-21 (Rcdding 10-94) ZONING • 18.47.135 Whenever a watercourse is to be altered or relocated. The city will notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, and assure that the flood -carrying capacity of the altered or relocated portion of said watercourse is maintained. (Ord. 1835 § 1(J), 1988.) 18.47.140 Warning and disclaimer of liability. The degree of flood protection required by this chapter is consid- ered reasonable for regulatory purposes and is based on scientific and engineering considerations. It is probable that larger floods can and will occur, that the base flood may occur more often than the one - percent frequency, and that flash floods may cause equal or greater damage. Flood heights inside the city limits may also be increased by manmade or natural causes in unincorporated areas. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the city, or any officer, agent or employee thereof, for any flood damages that result from reliance on this chapter or any administra- tive decision lawfully made thereunder. (Ord. 1835 § 1(K), 1988.) (Redding 10-94) 678-22 0 SFP FLOODPLAIN COMBINING DISTRICT 18.47.150 Nonconforming uses to floodplains. If any nonconforming use or structure within the floodway is destroyed by any means, including floods to an extent of fifty percent or more of its value; it shall not be reconstructed. Within the flood fringe, a structure may be reconstructed pursuant to Chapter 18.58 of this code; and provided, that, upon reconstruction, the structure is adequately and safely floodproofed, elevated or otherwise protected in conformity with the requirements of FEMA. (Ord. 1734 § 1 (part), 1985.) 18.47.160 Prohibitions. No building permit, license, certificate or other approval or entitlement shall be issued or given by the city or any depart- ment or employee thereof with respect to any improvement subject to design review until the design of the improvement has been approved, as provided in this chapter, and the one - hundred -year flood elevation has been determined. No certificate of use and occupancy or similar approval shall be • issued or given for any improvement subject to use permit by this chapter, unless and until a representative of the planning department has certified that the improvement has been com- pleted in accordance with the use permit approved pursuant to this chapter. (Ord. 1734 § 1 (part), 1985.) 18.47.170 Nuisance. A. Any improvement constructed, located, repaired, altered or maintained contrary to the provisions hereof, after the effective date of this chapter, is declared to be unlawful and a public nuisance. If any permit is issued based on plans or other submittals by the applicant or his/her representative which are contrary to the chapter or planning commission approval, the applicant shall be responsible for correcting any work done under such permit in order to bring it into conformance with the approved design. B. Any grading or filling within the floodplain contrary to the provisions of this chapter is declared unlawful and a public nuisance. C. When the director of public works has been made aware of 0 678-22a (Redding 4-88) ZONING • the unlawful deposit of fill or grading within the floodplain, he shall advise the property owner by registered mail that such material shall be removed within thirty working days and that a riparian reclamation plan must be submitted for approval by the planning commission within the same period of time. Thereafter, the property owner will have nine months to implement the approved plan. The city - approved reclamation plan shall be recorded and shall remain in the title report until the city is satisfied that sub- stantial compliance has been achieved. Within thirty days of planning commission approval, the property owner shall deposit improvement security based on the value of reclamation improvements to ensure that the plan is imple- mented. Until such time as the property is restored to its natural conditions, no building, grading, or use permit shall be issued for improvement of the property. (Ord. 1734 § 1 (part), 1985.) 18.47.180 Standards for subdivisions. • A. Unless encroachment into the flood fringe has been approved by the planning commission or the city council, as the case may be, no subdivision shall be approved which creates lots that extend into any flood fringe or floodway area and no lots shall use areas subject to flooding by a base flood in order to meet minimum area requirements. The surface area of all lots in a subdivision that are not subject to flooding by a base flood shall be a minimum of one foot above the estimated base flood elevation and all finished floor elevations including basements shall be at least one foot above the estimated base flood elevation. Both the tentative and final map for a subdivision shall show the boundary of the base flood. The boundary shall be certified by the engineer preparing the map. All final maps shall also have a warning note on the map similar to Section 18.47.140. B. All final subdivision plans will provide the elevation of proposed structures, pads and adjacent grade. If the site is filled above the base flood, the final pad elevation shall (Redding a -ss) 678-22b • FP FLOODPLAIN COMBINING DISTRICT be certified by a registered professional engineer or surveyor and provided to the director of public works and shown on the map. C. All subdivision proposals shall be consistent with the need to minimize flood damage. D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. E. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Certification of compliance shall be required of the developer. F. Subdivisions will be required to have the base flood eleva- tion established before consideration of the tentative map. (Ord. 1835 § 1(L), 1988; Ord. 1734 § 1 (part), 1985.) 18.47.190 Variances. A. The planning commission shall hear requests for variances from the requirements of this chapter. • B. Those aggrieved by the decision of the planning commission may appeal such decision to the city council. C. In considering a variance application, the planning commis- sion shall consider all technical evaluations, all relevant factors, standards, etc., specified in other sections of this chapter, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its con- tents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed uses that are not subject to flooding or erosion damage; • 678-22c (Redding 488) ZONING • 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the compre- hensive plan and floodplain management program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, and streets and bridges. D. Generally, variances may only be issued for new construc- tion and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base • flood level, providing subsections A through F of this sec- tion have been fully considered. As the lot size increases be- yond the one-half acre, the technical justification required for issuing the variance increases. E. Upon consideration of the factors of Section 18.47.190D and the purpose of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. F. The planning director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. G. Conditions for Variances. 1. Variances may be issued for the reconstruction, rehabili- tation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. 2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (Redding 488) 678-22d • FP FLOODPLAIN COMBINING DISTRICT • 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, consider- ing the flood hazard, to afford relief. 4. Variances shall only be issued upon: a. A showing of good and sufficient cause such as renovation, rehabilitation or reconstruction. Variances issued for economic considerations, aesthetics, or because variances have been used in the past, are NOT good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or vic- timization to the public, or conflict with existing local laws or ordinances. 5. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation. (Ord. 1835 § 1(M), 1988; Ord. 1734 § 1 (part), 1985.) • 678-22e (Redding 4-88) • AIRPORT APPROACH ZONES Chapter 18.48 AIRPORT APPROACH ZONES2 Sections: 18.48.010 Purpose. 18.48.020 Title. 18.48.030 Definitions. 18.48.040 Zones established. 18.48.050 Height. 18.48.060 Use restrictions. 18.48.070 Nonconforming uses. 18.48.080 Permits. 18.48.090 Administration of provisions. 18.48.100 Commission—Duties. 18.48.110 Appeals to commission. 18.48.120 Violation—Penalty. ® 18.48.010 Purpose. A. This chapter is adopted pursuant to the authority conferred by the state Airport Approaches Zoning Law. It is found that an airport hazard endangers the lives and property of users of Benton Airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking -off and maneuvering of aircraft, thus tending to destroy or impair the utility of Benton Airport and the public investment therein. Accordingly, the following is declared: 1. That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by Benton Airport; 0 678-23 (Redding 11-85) • 0 • AIRPORT APPROACH ZONES 2. That it is necessary ryin the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented; 3. That the prevention of these hazards should be accomplished to the extent legally possible by the exercise of the police power without compensation. B. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which the city may raise and expand public funds and acquire land or interests in land. (Prior code § 31-1.) 18.48.020 Title. . This chapter shall be known and may be cited as "Benton Airport Zoning Chapter." (Prior code § 31-2.) 18.48.030 Definitions. As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them in this section: A. "Airport" means Benton Airport. B. "Airport elevation" means the established elevation of the highest point on the usable landing area. C. "Airport hazard" means any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking -off at the airport. D. "Airport reference point" means the point established as the approximate geographic center of the airport landing area and so designated. E. "Airport zoning commission" means the voting members of the city planning commission. F. "Height," for the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. 0 679 ZONING G. "Landing area" means the area of the airport used for the landing, take -off or taxiing of aircraft. H. "Nonconforming use" means any structure, tree or other use of land which is lawfully in existence at the time the regulation is prescribed in the provisions of this chapter or an amendment thereto becomes effective and does not then meet the requirements of the regulation. I. "Noninstrument runway" means a runway other than an instrument runway. J. "Person" means an individual, firm, partnership, corporation company, association, joint stock association or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative. K. "Runway" means the paved surface of an airport landing strip. L. "Structure" means any object constructed or installed by man including, but without limitation, buildings, towers, smokestacks and overhead transmission lines. M. "Tree" means any object of natural growth. (Prior code § 31-3.) • 18.48.040 Zones established. In order to carry out the provisions of this chapter, there are created and established certain zones which include all of the land lying within the approach zones, transition zones, horizontal zone and conical zone. Such areas are shown on Benton Field — Airport Approaches Zoning Map, consisting of one sheet, dated June, 1962, prepared under the direction of the city airport director, which is incorporated in this chapter and made a part of this code. The various zones are established and defined as follows: A. An approach zone is established at each end of all noninstrument runways for noninstrument landings and take -offs. The approach zone shall have a width of two hundred fifty feet at a distance of two hundred feet beyond each end of the runway, widening thereafter uniformly to a width of two thousand two hundred fifty feet at a distance of ten thousand two hundred feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. • 680 AIRPORT APPROACH ZONES • B. Transition zones are established adjacent to each noninstrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of the runways have variable widths as shown on the zoning map. Transition zones extend outward from a line two hundred fifty feet on either side of the centerline of the noninstrument runway, for the length of such runway, plus two hundred feet on each end and are parallel and level with such runway centerlines. The transition zones along the runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to approach zones for the entire length of the approach zones. These transition zones have variable widths as shown on the zoning map. The transition zones flare symmetrically with either side of the runway approach zones from the base of the zones and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points • where they intersect the surface of the horizontal zone. C. A horizontal zone is established as the area within a circle with its center at the airport reference point and having a radius of five thousand feet. The horizontal zone does not include the approach zones and the transition zones. D. A conical zone is established commencing at the periphery of the horizontal zone and extending to a distance of eight thousand feet from the airport reference point. The conical zone does not include the approach zones and transition zones. (Prior code § 31-4.) 18.48.050 Height. A. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by the provisions of this chapter to a height in excess of the height limit established of such zone. The height limitations are computed from the established airport elevation and are established for each of the zones in question, as follows: 0 681 ZONING 682 0 • 1. Approach Zones. One foot in height for each twenty feet in horizontal distance beginning at a point two hundred feet from the end of the noninstrument runway and extending to a point ten thousand two hundred feet from the end of the runway; 2. Transition Zones. One foot in height for each seven feet in horizontal distance beginning at a point one hundred twenty-five feet from the centerline of noninstrument runway, measured at right angles to the longitudinal centerline of the runway, extending upward to a maximum height of one hundred fifty feet above the established airport elevation which is seven hundred nineteen feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal surfaces; 3. Horizontal Zone. One hundred fifty feet above the established airport elevation or a maximum height of • eight hundred sixty-nine feet above mean sea level elevation, with a radius of five thousand feet measured from the airport reference point; 4. Conical Zone. One foot in height for each twenty feet of horizontal distance beginning at the periphery of the horizontal zone and measured in an inclined plane passing through the airport reference point, extending out from the horizontal surface three thousand feet measured on a horizontal plan. B. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. C. Nothing in this chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or , structure to a height up to forty-five feet above the surface of the land. (Prior code § 31-5.) 682 0 AIRPORT APPROACH ZONES • 18.48.060 Use restrictions. Notwithstanding any other provisions of this chapter, no use may be made of land within any zone established by this chapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impairing visibility in the vicinity of the airport or otherwise endanger the landing, taking -off or maneuvering of aircraft. (Prior code § 31-6.) 18.48.070 Nonconforming uses. A. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently prosecuted. B. Notwithstanding the provisions of the previous subsection, the owner of any nonconforming structure or tree is required to permit the installation, operation and maintenance thereon of such markers and lights as are deemed necessary by the city airports director to indicate to the operators of aircraft in the vicinity of the airport the presence of the airport hazards. The markers and lights shall be installed, operated and maintained at the expense of the city. (Prior code § 31-7.) 18.48.080 Permits. A. Future Uses. Except as specifically provided in this subsection, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone created in is 683 ZONING 0 C 684 0 • Section 18.48.040 unless a permit therefor has been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed in this chapter. If the determination is in the affirmative, the permit shall be granted. 1. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when because of terrain, land contour or topographic features the tree or structure would extend above the height limits prescribed for the zone. 2. In the area lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred feet from each end of the runways, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when the tree or structure would extend above the height limit prescribed for the • approach zone. Nothing contained in any of the exceptions set forth in this subsection shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this chapter., except as set forth in Section 18.48.050. Existing Uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation than it was on the effective date of this chapter, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. Nonconforming Uses Abandoned or Destroyed. Whenever the city building inspector determines that a nonconforming structure or tree has been abandoned or more than eighty percent torn down, physically deteriorated or decayed, no 684 0 AIRPORT APPROACH ZONES permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. D. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this chapter may apply to the airport zoning commission for a variance from such regulations. Such variances shall be allowed when it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of this chapter. E. Hazard Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the • city, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. (Prior code § 31-8.) 18.48.090 Administration of provisions. It shall be the duty of the city building inspector to administer and enforce the regulations prescribed in this chapter. Applications for permits and variances shall be made to the building inspector upon a form furnished by him. Applications required by this chapter to be submitted to the building inspector shall be promptly considered and granted or denied by him. Applications for action by the airport zoning commission shall be forthwith transmitted by the building inspector. (Prior code § 31-9.) 18.48.100 Commission—Duties. A. The airport zoning commission shall hear and decide appeals from any order, requirement, decision or determination 0 685 ZONING 18.48.110 Appeals to commission. A. Any person aggrieved or any taxpayer affected by any decision of the city airports director or building inspector, if of the opinion that any such decision is an improper application of these regulations, may appeal to the commission. B. All appeals must be taken within a reasonable time as provided by the rules of the commission, by filing with the planning director a notice of appeal specifying the grounds 686 0 • made by the city airports director or building inspector in the enforcement of this chapter; hear and decide special exceptions to the terms of this chapter upon which the commission under such regulations may be required to pass; and hear and decide specific variances. B. The chairman of the planning commission shall be the chairman of the airport zoning commission with meetings of the commission being held at the call of the chairman and at such other times as the commission may determine, but usually concurrently with planning commission meetings. All hearings of the commission shall be public with the city planning director keeping minutes of commission proceedings, records of commission examinations and other official actions, all of which shall immediately be filed in the office of the planning director and shall be matters of public record. C. The commission shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusion from such facts in revising, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions • of this chapter. D. The concurring vote of a majority of the members of the commission shall be sufficient to reverse any order, requirement, decision or determination of the city airports director or building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter. (Prior code § 31-10.) 18.48.110 Appeals to commission. A. Any person aggrieved or any taxpayer affected by any decision of the city airports director or building inspector, if of the opinion that any such decision is an improper application of these regulations, may appeal to the commission. B. All appeals must be taken within a reasonable time as provided by the rules of the commission, by filing with the planning director a notice of appeal specifying the grounds 686 0 • AIRPORT APPROACH ZONES thereof. The planning director shall forthwith transmit to the commission all the papers constituting the record upon which the action appealed from was taken. C. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the city airports director or building inspector, as the case may be, certifies to the commission, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent period to life and property. In such case, proceedings shall not be stayed except by order of the commission on due cause shown. D. The commission shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest and decide appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. E. The commission may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and ® may make the order, requirement, decision or determination as may be appropriate under the circumstances. (Prior code § 31-11.) 18.48.120 Violation—Penalty. Each violation of this chapter or of any regulation, order or riling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than five hundred dollars, or imprisonment for not more than ninety days or both such free and imprisonment, and each day a violation continues to exist shall constitute a separate offense. (Prior code § 31-12.) 0 687 (Raiding ass) ZONING Chapter 18.49 HOME OCCUPATIONS is Sections: 18.49.010 Intent and purpose. 18.49.020 Definitions. 18.49.030 Home occupation permits. 18.49.040 Generally. 18.49.050 Performance criteria. 18.49.060 Authority. 18.49.070 Permit duration. 18.49.080 Inspection. 18.49.090 Findings. 18.49.100 Revocation. 18.49.110 Appeal procedure. 18.49.120 Fees. 18.49.130 Applications. 18.49.140 Conditions. • 18.49.010 Intent and purpose. The city recognizes that some citizens may desire to use their places of residence for some limited activity other than as a resi- dence. However, the city believes that the need to protect the charac- ter of residential neighborhoods is of paramount concern. A "home occupation" permit is the method used to permit and to control certain business activity within the city's residential districts. The objective of a "home occupation" permit is to allow a limited commercial -type activity in a residential area only to the extent that, to all outward appearances, neighbors or passers-by will not be aware of the activity. In practice, a "home occupation" permit gives the permittee the legal right to use his or her residence for a business telephone and business mailing address, but not to conduct a business to the extent that footlautomobile traffic, noise, and storage are generated. (Redding 3-95) 688 0 ® HOME OCCUPATIONS • To provide appropriate review for a broad range of home busi- nesses, two categories of home occupations have been established along with separate approval procedures for each as explained below. (Ord. 2099 § 1 (Exh. A)(part), 1994.) 18.49.020 Definitions. For the purpose of this chapter the following words shall have the following meanings: "Home occupation" means an accessory use of a dwelling unit for lawful business purposes. A home occupation is incidental to the primary use of the building as a residence. (Ord. 2099 § 1 (Exh. A)(part), 1994.) 18.49.030 Home occupation permits. A. Group 1 home occupation: a home occupation determined to hold minimal potential for exceeding the home occupation performance criteria. Such uses are not likely to generate outdoor storage, create additional vehicle or pedestrian traffic, bring clients or customers to the premises, have employees or signage, use more than the allowable floor area of the residence for storage or other business activity, have any advertising of the address, produce uncustomary noise or odors, or otherwise pose significant health or safety concerns. A Group 1 home occupa- tion requires a permit in accordance with this chapter. Group 1 home occupations include, but are not limited to, the following businesses: 1. Consultants (i.e., interior decorator, architectural, computer, nutritional, financial, private investigator, business, security, management, advertising, and engineering) where the client does not come to the property; 2. Craft -making (i.e., sewing, dried floral arrangement, quilting, doll -making and other low -intensity arts and crafts uses not involving odor, noise, or dust -producing processes); 689 (Redding 3-95) ZONING • 3. Low -intensity service businesses (i.e., bookkeeping, billing, desktop publishing, drafting, gift delivery, transcriptionist, videotaping, photography, writer, musician, shopping, and other such services with no clients coming to the premises); 4. Mail-order sales; 5. Medical or legal transcriptionists whose work is done at other locations; 6. Product/service sales representatives that conduct their sales or service at the client's location; 7. Real estate brokers, agents, or appraisers; 8. Window cleaning; 9. Housekeeping. Group 2 home occupation: a home occupation determined to hold greater potential for exceeding the home occupation perfor- mance criteria than a Class 1 home occupation. Such uses are more likely to generate outdoor storage, create additional vehicle or pedestrian traffic, bring clients or customers to the premises, have employees, signage, use more than the allowable floor area of the residence for storage or other business activity, have any • advertising of the address, produce uncustomary noise or odors, or otherwise pose health and safety concerns than a Group 1 home occupation. Such home occupations require a Group 2 home occupation permit in accordance with this chapter. Group 2 home occupations requiring a permit include, but are not limited to, the following businesses: 1. Appliance repair, 2. Building contractors; 3. Carpet or furniture cleaning; 4. Craft making which would involve the use of large types of wood or metal working equipment (i.e., lathes, band saws, table saws) which, because of the frequency or duration of use, may produce significant amounts of noise, odors, or dust; 5. Educational, therapeutic, or counseling services with clients on premises (i.e., music instruction, massage therapy, chiro- practor, psychologist, and similar uses); (Wing 3-95) 690 0 • • HOME OCCUPATIONS 6. Firearm sales; 7. Furniture upholstering; 8. Handyman/building maintenance; 9. Janitorial; 10. Landscape maintenance; 11. Mobile automotive repair, 12. Pest control; 13. Picture framing, 14. Pool maintenance; 15. Silk screening; 16. Tool sharpening; 17. Uses involving the on-site parking of a trailer or step -type van; 18. Uses requiring the storage or parking of oversized or special- ized commercial vehicles; 19. Vending machine; 20. Wholesale auto sales; 21. Wood refinishing. (Ord. 2099 § 1 (Exh. A)(part), 1994.) 18.49.040 Generally. The regulations set forth in this chapter shall apply to all residen- tial dwelling units, irrespective of zoning districts. Home occupation permits are not transferable between properties or between property owners. (Ord. 2099 § 1 (Exh. A)(part), 1994.) 18.49.050 Performance criteria. A. All home occupations must comply with the following perfor- mance criteria: 1. The activity is one that is consistent with the use of the premises as a dwelling; 2. There shall not be any exterior evidence of the conduct of a home occupation; 3. A home occupation shall be conducted only within an en- closed living area of the dwelling unit or the garage and shall not occupy more than twenty-five percent of the gross 690a ([team 3.95) ZONING floor area of the dwelling. A home occupation shall not be permitted out-of-doors on the property or in any accessory structure utilized to satisfy the off-street parking require- ments of Chapter 18.62; 4. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers, or causes fluctuation in line voltage outside the dwelling unit, or which creates noise not normally associated with residen- tial uses shall be prohibited; 5. No equipment or process shall be used in home occupations which create uncustomary noise, vibration, glare, or odors such that they are detectable to normal senses off the lot; 6. Only the actual residents of the dwelling unit shall engage in the home occupation; no employees shall be permitted on the premises in connection with the home occupation except those that are residents of the property; 7. Customers or clients shall not be permitted at the residence except to receive educational, therapeutic, or counseling services where not more than one client shall receive service at any one time; 8. The conduct of any home occupation shall not reduce or render unusable areas provided for the required off-street parking or prevent the number of cars designated to be parked in a garage from doing so; 9. A home occupation shall not create greater vehicular or pedestrian traffic beyond that which is normal in a resi- dential district nor in any case require the parking of more than one additional vehicle at any one time; 10. Storage and use of a limited amount of materials, goods, supplies, or equipment related to the operation of the home occupation is permitted provided that the limitations delin- eated in subsection AM and (5) of this section shall not be exceeded. The display of goods or storage of uncustomary amounts of flammable materials shall be prohibited; (xeaaing 3.95) 690b • is HOME OCCUPATIONS 11. Not more than one commercial motor vehicle, together with equipment, tools, and stock -in -trade maintained therein, is permitted where such motor vehicle is used as the owner's means of transportation. Commercial vehicles exceeding the rated capacity stated in Chapter 11.24 are prohibited; 12. The storage/parking of oversized or specialized commercial vehicles and the storage of materials in excess of the space limitation provided herein shall require off-site storage. A copy of the lease or agreement for the proposed off -sits storage shall be placed on file with the department of plan- ning and community development; 13. Advertising on the site of a home occupation is prohibited except that a commercial vehicle permitted herein may have signs affixed which identifies the business name only and does not identify the address of the business; 14. Not more than two home occupations per dwelling unit shall be allowed; 15. On-site training for promotional sales shall not be permitted; • 16. Any deliveries shall be by standard mail carrier (e.g., United States Post Office and United Parcel Service); B. Persons with demonstrated physical handicaps may be permitted special review by the board of administrative review. An appli- cant may request waiving one or more, or a portion thereof, of the requirements of subsection A(1) through (16) of this section by seeking a zoning exception pursuant to Section 18.73 of this chapter. The special waiver request shall be reviewed by the board of administrative review at a public hearing involving the notification of property owners within one hundred feet of the subject property. In reviewing the request, the board of adminis- trative review shall consider any waivers based solely on the applicant's physical inability to function within the requirements of subsection A(1) through (16) of this section (Ord. 2099 § 1 (Exh. A)(part), 1994.) 0 690b.1 OteddinB 3.95) ZONING 0 18.49.060 Authority. The planning director or designated staff is authorized to approve, conditionally approve, or deny Group 1 and Group 2 home occupation permits in accordance with the findings and procedures of this chapter. A. Group 1 home occupation permits may be issued by authorized city staff at the time of application subject to review and execu- tion of a home occupation agreement/affidavit prepared by the planning director and payment of a fee established by resolution of the city council. B. Group 2 home occupation permits may be issued by city staff in accordance with the procedures established by Sections 18.51.050 through 18.5 1.110 except property owner notification shall be limited to property owners within one hundred feet based on the latest equalized assessment role of the county assessor. Payment of a fee shall be made as established by resolution of the city council. C. In cases where the planning and community development depart- ment considers the application for either type of permit not to • be within the scope of the home occupation performance criteria, the application will be denied or may be referred to the board of administrative review by the planning director. (Ord. 2099 § 1 (Exh. A)(part), 1994.) 18.49.070 Permit duration. A. Home occupation permits shall be valid until revoked (per Section 18.49. 100 of this chapter) or until one or more of the following occur(s), which shall render them void: 1. The authorized use does not commence within one year of approval; 2. The use ceases for a period greater than six months; 3. The original applicant(s) moves from the approved location; 4. The permit was conditioned to expire on a specific date. B. In the event a home occupation changes significantly, a new permit shall be obtained. (Ord. 2099 § 1 (Exh. A)(part), 1994.) (Redding 395) 690b.2 • OHOME OCCUPATIONS 18.49.080 Inspection. Applicants for home occupations shall permit a reasonable inspection of the premises by appropriate city staff to determine compliance with this chapter. (Ord. 2099 § 1 (Exh. A) (part), 1994.) 18.49.090 Findings. To approve a home occupation request, the criteria in Section 18.49.050 must be found to be in evidence. (Ord. 2099 § 1 (Exh. A) (part), 1994.) 18.49.100 Revocation. Group 1 and Group 2 home occupation permits may be revoked by the board of administrative review in any of the following in- stances: A. Violation of the home occupation performance criteria; B. Violation of any terms of approval; • C. Violation of any law or ordinance in connection with the home occupation; D. Using the home occupation to conduct any illegal activity. (Ord. 2099 § 1 (Exh. A) (part), 1994.) 18.49.110 Appeal procedure. Determinations made by the planning director or designated staff may be appealed to the board of administrative review as provided for in Chapter 18.51 (appeal procedure). Determinations made by the board of administrative review may be appealed to the planning commission as provided for in Chapter 18.70 (use permit—appeal.) (Ord. 2099 § 1 (Exh. A) (part), 1994.) 18.49.120 Fees. Fees for home occupation applications and appeals of decisions pertaining to home occupations shall be established by resolution of the city council. (Ord. 2099 § 1 (Exh. A) (part), 1994.) 0 690c (Redding 10-95) ZONING • 18.49.130 Applications. Applications for home occupation permits shall be on forms as prescribed by the planning director and shall be accompanied by information, site plans, or illustrations necessary to understand the business, its operation, and location. (Ord. 2099 § 1 (Exh. A) (part), 1994.) 18.49.140 Conditions. Aside from meeting the minimum performance criteria for home occupations (Section 18.49.050), the planning director or designated staff may place additional conditions on the home occupation permit to ensure that full compliance with this chapter is met and that the use does not pose a problem for neighbors; to provide a period of time to see if the use, as operated, meets the intent of the home occupation ordinance; and to ensure that the use is operated in a manner that the home does not appear as other than a single-family residence. (Ord. 2099 § 1 (Exh. A) (part), 1994.) • (Redding 10-95) 690d • C. ADMINISTRATIVE USE PERMITS Chapter 18.51 ADMINISTRATIVE USE PERMITS Sections: 18.51.010 Purpose. 18.51.020 Definition. 18.51.030 Categories. 18.51.040 Major use permits. 18.51.050 Authority. 18.51.060 Findings. 18.51.070 Application. 18.51.080 Determination by director. 18.51.090 Conditions. 18.51.100 Approval of director. 18.51.110 Appeal procedure. 18.51.120 Hearing before board of administrative review. 18.51.130 Revocation. is 18.51.010 Purpose. In order to expedite permit processing for certain routine and simple use permits, it is the intent of this section to dis- tinguish between major and minor use permits, to identify and define administrative use permits. and to establish a procedure whereby administrative use permits may be processed and ap- proved by the planning director instead of the board of ad- ministrative review and/or planning commission. (Ord. 1877 2 (part), 1989.) 18.51.020 Definition. Administrative use permits are designed to address minor uses or activities which: A. Have lesser impacts and warrant less intensive review than major use permits; B. Conform to the city's general plan and zoning ordinances: and C. Are categorically exempt from the provisions of the 0 690e (Redding 3-89) ZONING 0 California Environmental Quality Act (CEQA) and, therefore, not subject to environmental review. (Ord. 1877 § 2 (part), 1989.) 18.51.030 Categories. Administrative use permits include, but are not limited to, the following: A. Construction of stores, motels, offices, sit-down restaurants, churches, and similar small commercial structures (also in- cludes drive-through banks and restaurants, photo -drop kiosks, and car -washes) that are not constructed in conjunc- tion with the building of four or more such structures, and: 1. Do not involve the use of significant amounts of hazar- dous substances, 2. Do not exceed an occupancy load of thirty persons, 3. Do not exceed ten thousand square feet in gross floor area, and 4. Do not require more than fifty parking spaces. B. Construction of apartments, duplexes, and similar residen- • tial structures with no more than four dwelling units if not in conjunction with the building of two or more such struc- tures; C. Construction of additions to existing structures; provided, that the additions will not result in an increase of more than: 1. Fifty percent of the floor area of the structures before the addition, or two thousand five hundred square feet, whichever is less, and 2. Ten thousand square feet if: a. The project is in an area where all public services and facilities are available to allow for maximum de- velopment permissible in the general plan, and b. The area in which the project is located is not en- vironmentally sensitive; D. Conversion of a single-family residence to office or commer- cial use; E. Construction of small public or private parking lots in the "R-1," "R-2," "R-3" and "R-4" zoning districts when adja- cent to a "C" or "M" zoning district; (Redding 3-89) 690f 0 ADMINISTRATIVE USE PERMITS is F. Outdoor sales establishments, including, but not limited to, used -car lots and retail nurseries, when more than three hundred feet from a residential district, provided there is a permanent retail or office structure on the property; G. Outdoor storage yards when more than three hundred feet from a residential district, and not more than one thousand square feet in area, H. Automobile repair and service shops and similar uses in a "C-2" or "C-3" zone when more than three hundred feet from a residential district; I. Increased front yard setbacks for buildings in the "R-1" and "R-2" zoning districts; J. Reversing the front yard and street side yard setbacks on a corner lot for the purpose of establishing yard requirements pursuant to Chapter 18.56 (corner lots); K. Installation of satellite television antennas, subject to the locational criteria established in Chapter 18.56 (satellite television antennas); L. Construction of detached accessory parking structures in S multiple -family districts on the front one-half of a lot pur- suant to Chapter 18.62 (exceptions, modifications); M. Waiver of the requirements for paving of driveways over one hundred feet in length serving single-family residences pur- suant to Chapter 18.62 (surfacing); N. Installation of curb cuts wider than the maximums estab- lished in Chapter 18.62 (curb cuts); O. Construction of one additional curb cut along a street frontage pursuant to Chapter 18.62 (curb cuts); P. Placement of a construction trailer on private property to be used for office purposes while actual construction is in progress pursuant to Chapter 18.68 (trailer occupancy out- side trailer park); Q. Placement of a night watchman's trailer or commercially or industrially zoned property pursuant to Chapter 18.68 (trailer occupancy outside trailer park); R. Establishment of temporary and/or seasonal uses such as: 1. Circuses, carnivals, go-kart rides, pony rides, and similar traveling amusement enterprises, 2. Seasonal retail sale of agricultural products, 3. Outdoor art and craft shows and exhibits, • 690g (Redding 3-89) ZONING • 4. Pet vaccination clinics, 5. Parking lot sales, 6. Religious, patriotic, historic, or similar gatherings, dis- plays, or exhibits. (Ord. 1877 § 2 (part), 1989.) 18.51.040 Major use permits. Uses not listed above or similar to the uses listed above are considered major use permits, and shall be subject to the permit processing established in Chapter 18.70. (Ord. 1877 § 2 (part), 1989.) 18.51.050 Authority. The planning director or his designated respresentative is authorized to grant administrative use permits in accordance with procedures and findings of this chapter. In the granting of such administrative use permits, the planning director may impose such conditions as are deemed necessary to ensure com- • patibility .with surrounding uses, to preserve public health, safety, and welfare, and to enable the director to make the find- ings required by Chapter 18.73 and to further the intent of the general plan. (Ord. 1877 § 2 (part), 1989.) 18.51.060 Findings. When approving any administrative use permit, the planning director shall find that the establishment, maintenance, and/or conducting of the use for which the administrative use permit is sought, will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, conven- ience, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not, under the cir- cumstances of the particular case, be detrimental to the public welfare or injurious to property in such neighborhood and that the use is consistent with the general plan and zoning classifica- tion of the property. (Ord. 1877 § 2 (part), 1989.) (Redding 3-89) 690h 0 ADMINISTRATIVE USE PERMITS 18.51.070 Application. An application for an administrative use permit shall be filed with the planning and community development depart- ment in a form prescribed by the planning director, and shall be accompanied by plans and elevations necessary to show details of the proposed use and the location of proposed buildings on the premises. The application shall be accompanied by a fee as established by city council by resolution. (Ord. 1877 § 2 (part), 1989.) 18.51.080 Determination by director. Within five working days of receipt of a complete applica- tion, the planning director shall make a determination to either approve, conditionally approve, or deny the administrative use permit, or refer it to the board of administrative review for consideration. If the application is referred to the board of administrative review, notification of the board of administra- tive review hearing shall be as set forth in Chapter 18.70 (use permit — public hearing). (Ord. 1877 § 2 (part), 1989.) 18.51.090 Conditions. Whenever an administrative use permit is granted, the planning director or the board of administrative review may im- pose such conditions as are deemed necessary to protect the best interests of the surrounding area, neighborhood, or public. Conditions may include, but shall not be limited to, require- ments for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures, regulation of vehicu- lar ingress and egress, and traffic circulation, construction of street improvements and dedication of right-of-way for street widening or street extensions; regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or com- pletion; requirements for periodic review by the planning direc- tor; and such other conditions as the planning director may deem necessary to ensure compatibility with surrounding uses, to preserve public health, safety, and welfare, and to enable the. 0 690i (Redding 3-89) ZONING • planning director to make the findings required by Chapter 18.51 (findings). (Ord. 1877 § 2 (part), 1989.) 18.51.100 Approval of director. If the determination is made by the planning director to ap- prove or conditionally approve the administrative use permit, said approval shall be prepared in written form specifying the nature of the proposed use and reciting the facts and reasons how the necessary findings have been satisfied, and also reciting such conditions and limitations that may be imposed in consideration for such approval. The determination of approval shall be sent by first-class mail to the applicant and to all owners of property within three hundred feet. The planning director's decision shall become final unless a written protest is submitted to the planning director within seven calendar days of the date of mailing. (Ord. 1877 § 2 (part), 1989.) 18.51.110 Appeal procedure. • The applicant or any person may appeal the determination of the planning director to the board of administrative review within seven calendar days after such determination has been mailed. Such appeal may be made by filing a written notice of appeal in letter form to the planning director, together with an appeal fee established by city council by resolution. If no appeal is taken within seven days after the findings and decision of the planning director have been mailed and posted on the City Hall bulletin board, the decision of the planning director shall be final. In the event an appeal is filed, the matter shall be set for hearing before the board of administrative review at its next regular meeting occurring not later than ten calendar days after the appeal is filed, and notice of the nature, the time, and the place of said hearing shall be given by the planning director to the applicant, the appellant, and the owners of abutting property by first-class mail at least five calendar days prior to the hearing. (Ord. 1877 § 2 (part), 1989.) (Redding 3-89) 690j 0 C HEIGHT LIMITS 18.51.120 Hearing before board of administrative review. The board of administrative review shall hear the appeal at the time and place set forth in said notice, and may continue said hearing from time -to -time for the purpose of considering further evidence. Not more than seven calendar days following the close of the hearing, the board of administrative review shall render its decision. The findings and decision of the board of administrative review may be appealed as set forth in Chapter 18.70 (use permit —Appeal). (Ord. 1877 § 2 (part), 1989.) 18.51.130 Revocation. Revocation of an administrative use permit shall be in accordance with procedures established in Chapter 18.76 (revo- cation of permit or variance). (Ord. 1877 § 2 (part), 1989.) Chapter 18.52 • HEIGHT LIMITS Sections: 18.52.010 Structures. 18.52.020 Fence or hedge. 18.52.010 Structures. Chimneys, cupolas, flagpoles, monuments, gas storage holders, radio and other towers, water tanks and similar structures and mechanical appurtenances may be permitted in excess of height limits; provided, a use permit is first obtained in each case. (Prior code § 30-18(2).) 18.52.020 Fence or hedge. No fence, hedge or screen planting_ shall be constructed, grown or maintained to exceed six feet in height within any required side yard from the rear of the front yard, as defined in this title, to the rear property line, nor along any rear property 0 690k (Redding 3-89) ZONING • line nor within any required rear yard, nor to exceed three feet in height within any required front yard or within thirty feet of the street corner of a corner lot. (Prior code § 30-18(2)(b).) Chapter 18.53 ADULT ENTERTAINMENT Sections: 18.53.010 Intent and purpose. 18.53.020 Definitions. 18.53.030 Adult entertainment. 18.53.010 Intent and purpose. To regulate uses which, because of their very nature, are recognized as having serious objectionable operational charac- • teristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not con- tribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. (Ord. 1502 § I (part), 1980.) (Redding 3-89) 6901 • • ADULT ENTERTAINMENT 18.53.020 Defmitions. A. "Adult entertainment business or activity" means an establishment that is not customarily open to the public generally, but only to one or more classes of the public and which normally excludes any minor by reason of age. Such establishments usually charge a fee for a service or sale item to be purchased. It is a business that is character- ized by emphasis on depicting, describing or relating to specified sexual activities or "specified anatomical areas." Said term includes but is not limited to the following uses: 1. Adult Bookstore. An establishment which has a substan- tial or significant portion of its stock -in -trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material, and which excludes minors by virtue of Sage from all or part of the establishment. 2. Adult Cabaret. A cabaret which features go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, and which excludes minors by virtue of age. 3. Adult Drive-in Theater. A drive-in theater for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for obser- vation by patrons, and which excludes minors by virtue of age. 4. Adult Massage Parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, adminis- tration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct, or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas, and which excludes minors by reason of age. 5. Adult Mini Motion Picture Theater. An enclosed building 0 690-1 (Redding 11-80) ZONING • with a capacity of less than fifty persons used for pre- senting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein, and which excludes minors by virtue of age. 6. Adult Model Studio. Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by persons paying such consideration or gratuity, and which excludes minors by virtue of age. 7. Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphsis on depicting or describing sexual conduct or specified anatomical areas, and which excludes minors by virtue of age. 8. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug operated, or electronically, electrically, or mechanically • controlled still or motion picture machines, projectors, or other image -producing devices are maintained to show images to five or fewer persons•per machine at any one time, and where the images so displayed are distin- guished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas, and which excludes minors by virtue of age. 9. Adult Motion Picture Theater. An enclosed building with a capacity of fifty or more persons used for pre- senting material depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by partrons therein, and which excludes minors by virtue of age. 10. Adult Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sexual conduct or exposing specified anatomical areas, and which excludes minors by virtue of age. • (Redding 11-80) 690-2 SADULT ENTERTAINMENT • B. "Cabaret" means a cafe, lounge, bar or restaurant where patrons are entertained by performers who dance, sing, or play musical instruments. C. "Residential structure" means a building(s) or mobile home(s) that contains one or more dwelling units. Residential structure does not include a motel or hotel which is rented on a day to day basis. D. "Specified anatomical areas" means the following: 1. Less than completely and opaquely covered: (a) human genitals or pubic region; (b) buttock; (c) female breast below a point immediately above the top of the areola; 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. E. "Specified sexual activities" means the following: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse, or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (Ord. 1502 § 1(part), 1980.) 18.53.030 Adult entertainment. A. An adult entertainment business or activity that involves speci- fied sexual activities or display of specified anatomical areas shall be permitted, only in a C-3 district by use permit upon meeting the following requirements: 1. No adult entertainment business shall be located closer than four hundred feet to any residential district or occupied residential structure nor closer than six hundred feet to any hospital, school, church, park or playground, or in other areas where large numbers of minors regularly travel or congregate. 2. No adult entertainment business shall be located closer than one thousand feet to any other adult entertainment business. 3. An adult entertainment business shall not be subject to the provisions of Section 18.70.060. 690-3 (Redding 396) ZONING B. The distance separation requirements of Section 18.53.030 (A)(2) may be waived provided that: 1. A petition is received and verified and signed by sixty per- cent of those persons owning property within the specified radii, in which case the distance separation requirement may be reduced by not less than sixty percent; and 2. The following findings are made by the board of admin- istrative review: a. That the proposed use will not enlarge or encourage the development of a "skid -row" area, and b. That the establishment of an additional use of this type in the area will not be contrary to any program of neigh- borhood conservation or improvement, either residential or nonresidential; 3. The term "specified radii" refers to the distance contained in subsection (A)(2) of this section. C. All adult entertainment activities shall meet the minimum re- quirements listed below. If it approves a use permit, the city may • impose additional conditions or limitations as may be deemed necessary to cant' out the purpose and intent of this chapter, so long as such limitations and conditions relate only to land -use planning criteria. The city may not impose any conditions or limitations which are unrelated to the blighting or downgrading of the surrounding neighborhood or which are related to the content of the books, films or entertainment described in this chapter. 1. All buildings, openings, entries, windows, etc., for adult entertainment shall be located, screened or covered in such a manner to prevent a view into the interior from any public area. 2. Advertisements, displays or promotional materials shall be considered as signs if visible from public right-of-way or adjacent properties. 3. Compliance with all applicable local or state laws, including but not limited to off-street parking, building code, fire code, etc. 4. All adult entertainment uses shall be contained entirely within an enclosed building. (Redding 3-96) 6904 • BUILDING SITE AREA 5. No signs or other structures shall be placed, erected or used on the premises, nor shall the building be painted in such a fashion as will effectuate the same purpose as a sign(s). The signs, structures and building painting referred to in this section are only those which depict specified anatomical areas and/or specified sexual activities as defined by subsec- tions (D) and (E) of Section 18.53.020. Sign size and total area limitation are those specified in Chapter 16.32. 6. A building in which an adult use is established shall be set back a minimum of fifteen feet from any public sidewalk. (Ord. 2138 § 1, 1995; Ord. 1639 § 1, 1983.) Chapter 1854 BUILDING SITE AREA • Sections: 1854.010 Combined lots. 1854.010 Combined lots. Any lot or parcel of land under one ownership of record on the effective date of this chapter, and where no adjoining land has ever been owned simultaneously by the same person since the effective date of this chapter, may be used as a building site, even when of less area or width or where it does not front on a public street as required by this chapter, owned a lot or parcel of land which is substandard in accordance with the provisions of this title and has simultaneously owned another lot or parcel of land adjoining thereto. For the purpose of this title the adjoining lands shall, from the point in time when simultaneous ownership first existed, be considered as a single combined parcel for all zoning and subdivision purposes and the owner thereof or any successor owner shall be required to comply with the provisions of Title 17 pertaining to lot splits and subdivisions before the owner can sell, transfer or otherwise assign 0 690-5 (Redding 3-96) ZONING • any interest he may have in any portion of the combined parcel. This requirement shall not apply to a sale or other transfer by the owner of all his interest in the total combined lot or parcel of land. (Prior code § 30-18(3).) Chapter 1855 TRASH CONTAINER ENCLOSURES Sections: 1855.010 Purpose. 1855.020 Trash enclosure required. 1855.030 Location and orientation. 1855.040 Materials, construction and design. 18.55.050 Maintenance. 1855.010 Purpose. • The purpose of this chapter is to establish design and locational criteria for the construction of trash- and recycling -container enclo- sures in conjunction with multiple -family residential, commercial and industrial developments. The standards required herein are to ensure: (1) that the enclosures are functional, serviceable, durable, unobtru- sive, and architecturally compatible with adjacent buildings and (2) that adequate areas for the storage of recyclable materials are provid- ed as required by the California Solid Waste Reuse and Recycling Act of 1991. (Ord. 2088 § 1 (part), 1994.) 1855.020 Trash enclosure required. A. Trash enclosures shall be required for new dwelling groups consisting of four or more dwelling units on a single lot: B. Trash- and recycling -container enclosures shall be required for the following types of developments: (Redding 3-96) 690-6 0 • • TRASH CONTAINER ENCLOSURES 1. All office, personal -service, retail -commercial, service -com- mercial, and industrial developments constricted after the effective date of the ordinance codified in this chapter, 2. All multiple -family developments consisting of five or more dwelling units on a single lot constructed after the effective date of the ordinance codified in this chapter, 3. Where alterations to existing commercial, industrial, or multiple -family (five or more dwelling units) projects will result in an increase in floor area of thirty percent or more, an enclosure suitable for the collection of recyclable materi- als shall be provided. The location and size of the enclosure shall be determined by the planning department and solid waste division, respectively. This provision shall also apply to multiple alterations conducted during any twelve-month period if said alterations result in an increased floor area of thirty percent or more on a cumulative basis. C. For the purposes of this chapter, two types of enclosures may be required: (1) trash enclosures which are intended to house dumpsters or other container devices for the collection of refuse and (2) recycling -container enclosures which are intended to house containers designed for the collection of recyclable materi- als. Such enclosures may be functionally combined into a single unit or may be established at separate locations on a parcel subject to the design criteria established by this chapter and the approval of the planning director and solid waste division of the general services department. D. An enclosure shall be required for all dumpsters, regardless of the type of development associated with their use. E. The size of trash and/or recycling -container enclosures shall be determined by the solid waste division of the general services department, and will be based on the container -sizes required by that division. Acceptable configurations of the enclosures are set out in this chapter. (Ord. 2088 § 1 (part), 1994.) 690-7 (Redding 10-94) ZONING 18.55.030 Location and orientation. The following standards are developed to ensure that enclosure locations and orientations are conducive to the maneuverability constraints of the city's refuse -collection vehicles. The standards will be rigidly applied unless it is demonstrated that they are infeasible. Any deviation necessitated by problems unique to the property must be preapproved by the solid waste division of the general services department or as otherwise provided for in this chapter. In those instances where refuse containers and enclosures are required under this chapter, a building permit shall not be issued for a project until documentation of approval of the location is provided by the plan- ning department. A. Trash and/or recycling -container enclosures shall not be located within any required front -yard or street side -yard setback areas in the "R-3," "R-4," "RM," "CO," "C-1," and "PI" districts, nor within fifteen feet of the front or street side -yard property lines in the "C-2," "C-3," "C-4," "C-6," and "M-2" districts. The location of enclosures within the "U" unclassified district shall be established at the time a use permit or administrative use permit is obtained for development of the property and will generally follow the guidelines for the zoning district that is the most consistent with the General Plan. Approval of enclosures within the above setback areas may be approved only by administrative use permit; zoning excep- tion; or, in the case of discretionary projects; by the approving body for the project. The originality of design, architectural treatments, the visibility of the loading area from streets or other public areas, and access limitations elsewhere on a site shall be considered when approving requests to locate enclosures within the above setback area. Acceptable designs include those in which the enclosure is incorporated into monument -style signage and adjacent landscaping is bermed on two or more sides of the enclosure. The minimum setback from the street shall be five feet. B. Trash enclosures shall be located so as to allow ease of access for collection equipment. The location shall be suitable (Redding 10-94) 690-8 is • TRASH CONTAINER ENCLOSURES • 690-9 (Redding 10-94) for the use of front -load equipment having a seventeen and one- half foot wheel base and a turning radius of forty-five feet. The enclosure openings shall be oriented so that front -load disposal equipment can head in directly to the enclosure opening to access the container without removing it from the enclosure. C. Trash enclosures shall be located so that front -load equipment can enter and exit the property using through driveways, thus avoiding backing maneuvers. If through driveways are not practical, sufficient maneuvering area shall be provided to allow collection equipment to tum around. Enclosures shall not be placed in areas where collection equipment will have to back around comers to enter or exit the dumpster area. Enclosures shall not be placed in areas where collection equipment will have to back into the street to exit the property. D. Trash enclosures shall be located in areas that are level. The enclosure pad, together with an apron area ten feet in width and twenty feet in length, shall not have a slope, including cross slope, exceeding two percent. The pad shall not be elevated • above the apron. E. Recycling -container enclosures are exempt from the access requirements of subsections B, C, and D above, but shall be located within ten feet of a driveway aisle or parking area. A four -foot -wide concrete walkway shall be provided between the enclosure entrance and the driveway or parking area. The slope of the walkway shall not exceed five percent. F. All enclosure types shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings. G. All enclosure types shall be consolidated to minimize the num- ber of collection sites and located so as to reasonably equalize the distance from the building spaces they serve. H. The area in front of all enclosure types shall be kept clear of obstructions, not be utilized for parking, and shall be painted, striped, and marked "No Parking." (Ord. 2088 § 1 (part), 1994.) • 690-9 (Redding 10-94) ZONING • 18.55.040 Materials, construction and design. Trash enclosures shall provide a complete visual screening of the trash and recycling containers. To accomplish adequate screening, the following requirements shall be met: A. Trash Enclosures. 1. The height of the walls and gate shall be a minimum of six feet. Z. The walls of the enclosure shall be constructed of solid masonry material or concrete tilt -up with decorative exterior - surface finish compatible to the main structure(s). Split -face concrete block, stucco, or similar finish is recommended. Chain link with wood or plastic inserts is not considered adequate wall material even if backed by a solid material. However, in those instances where the enclosure will not be visible from a public street or residential area, the enclosure may be constructed of chain-link fencing with slats. 3. The gates of the enclosure structure shall be constructed of decorative, solid, heavy -gauge metal or of a heavy -gauge metal frame with a covering of a view -obscuring material. • If not visible from a public street or residential area, the enclosure gates may be constructed of chain link with wood or plastic inserts. The gates shall be designed with cane bolts to secure the gates both in the open and closed positions. Gates shall be hung so that they do not decrease the mini- mum interior dimensions of the trash enclosure when open. 4. The enclosure shall be constructed on a four -inch -thick - minimum concrete pad. 5. Bumpers measuring at least two inches high by six inches wide shall be affixed on the floor of the interior at the base of the trash enclosure walls for the protection of the enclo- sure walls. The bumpers should be made of concrete, steel, or other suitable material and shall be anchored to the con- crete pad. 6. Enclosures shall be protected from adjacent vehicle parking and travelways by concrete curbs or equivalent. • (Redding I0-94) 690-10 • TRASH CONTAINER ENCLOSURES 7. Travelways utilized by disposal equipment and the area immediately in front of the trash enclosure shall have an adequate base to support a truck weight of sixty-two thou- sand pounds. B. Recycling -Container Enclosures. 1. The height of the walls and gate shall be a minimum of five feet. 2. The walls of the enclosure shall either be constructed of solid masonry material or concrete tilt -up with decorative exterior -surface finish compatible to the main structure(s) or of a heavy -gauge metal frame with a metal skin. Split -face concrete block, stucco, or similar finish is recommended. Chain link with wood or plastic inserts is not considered adequate wall material even if backed by a solid material. However, in those instances where the enclosure will not be visible from a public street or residential area, the enclosure may be constructed of chain-link fencing with slats. 3. If gates are incorporated into the design, they shall be con- structed of decorative, solid, heavy -gauge metal or of a heavy -gauge metal frame with a covering of a view -obscur- ing material. If not visible from a public street or residential area, the enclosure gates may be constructed of chain link with wood or plastic inserts. Gates shall be hung so that they do not decrease the minimum interior dimensions of the trash enclosure when open. 4. Enclosures shall be constructed on a four -inch -thick -mini- mum concrete pad. 5. Enclosures shall be protected from adjacent vehicle parking and travelways by concrete curbs or the equivalent. 6. A sign clearly identifying the recycling collection area(s) and the materials accepted shall be posted adjacent to the recy- cling -container enclosure. The sign shall be a minimum of seventeen inches high by twenty-two inches long. Lettering shall consist of not less than one -inch letters. C. Combined Trash and Recycling Container Enclosures. These enclosures shall utilize separate compartments, although the entrances may be served by a common gate. The enclosure shall 690-11 (Redding 10-94) ZONING • be designed such that the recycling bins can be serviced without removal of the trash dumpster. The minimum height of the walls and gate shall be six feet. The requirements of subsection A above shall apply. D. If the enclosure is also used as a monument sign, it shall be constructed with poured -in-place concrete or block, and the opening of the enclosure shall face away from the street. (Ord. 2088 § 1 (part), 1994.) 18.55.050 Maintenance. Trash enclosures, loading areas, and access driveways shall be maintained and repaired as necessary by the property owner. For the purposes of this section, maintenance shall include, but not be limited to, the following: A. Painting of enclosures; B. Removal of graffiti; C. Replacement of nonfunctioning gates; • D. Replacement of bumpers; E. Cleaning inside of an enclosure so as to prevent a nuisance; F. Repairing asphalt or concrete driveways and loading areas. (Ord. 2088 § 1 (part), 1994.) Chapter 18.56 YARDS Sections: 18.56.010 Architectural features. 18.56.020 Porches and stairways. 18.56.030 Plan line. 18.56.040 Accessory building—Attached to main building. 18.56.045 Satellite television antennas. • (Redding 10-94) 690-12 • YARDS 1856.050 Accessory building—Double frontage lot. 18.56.060 Dwelling in C or M district. 1856.080 Building lines. 1856.090 R-4 or C-1 district. 1856.100 Corner lots. 1856.010 Architectural features. Architectural features, such as cornices, eaves and canopies may not extend more than two feet into any required side yard. (Prior code § 18-30(4)(a).) 18.56.020 Porches and stairways. Open, uncovered porches, landing places or outside stairways may project not more than two feet into any required side yard, and not exceeding six feet into any required front yard. This is not to be construed as prohibiting open porches or stoops not exceeding is eighteen inches in height and not approaching closer than eighteen inches to any lot line. (Prior code § 30-18(4)(b).) • 18.56.030 Plan line. Whenever an official plan line has been established for any 690-13 (Redding 10-94) O YARDS street, required yards shall be measured from such line and in no case shall the provisions of this chapter be construed as permitting any encroachment upon any official plan lines. (Prior code § 30- 18(4)(c).) 18.56.040 Accessory building—Attached to main building. In case an accessory building is attached to the main building, it shall be made structurally a part of, and have a common wall or roof with, the main building ans shall comply in all respects with the requirements of this title applicable to the main building. Unless so attached, an accessory building in an R district shall be located in the rear one-half of the lot and at least ten feet from any dwelling or building existing or under construction on the same lot. The accessory building shall not be located within five feet of any alley or within five feet of the side line of the front one-half of any adja- cent lot, and in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot. (Prior code § 30- 18(4)(d).) 18.56.045 Satellite television antennas. A. R, CO, C-1, and U Districts. Any satellite television antenna in any R, CO, C -I or U district shall have a maximum height of twenty feet, shall be located on the rear one-half of the lot, shall be at least ten feet from any main building existing or under construction on the same lot, shall be at least five feet from any rear or side property line, and, in the case of a comer lot, shall not project beyond the front yard required or existing on the adjacent lot and shall be colored to minimize glare. In cases where residential lots have front yard setbacks greater than eighty feet, a satellite television antenna may be located on the middle third of the lot, provided a use pen -nit is obtained in each case and a screen, fence or earth berm is contructed to hide the base of the antenna from view from the street and adjoining front yards. 0 691 (Redding 5-92) U • • YARDS • In case of an interior lot abutting upon two or more streets, a satellite television antenna shall not be erected or altered so as to encroach upon one-quarter of the lot nearest either street or in any case the front yard required for either street. B. C-2, C-3, C-4, M or PI Districts. In any C-2, C-3, C-4, M or PI districts, a satellite television antenna shall not exceed forty-five feet in height nor be located closer than fifteen feet to any public street as measured from edge of right- of-way. If used for advertising purposes, a satellite tele- vision antenna shall be deemed to be a sign and shall also be governed by the sign regulations applicable to the prop- erty. Where a satellite television antenna is proposed to be mounted on the roof of a building, it shall not extend more than ten feet above the height limit established for the district in which the structure is located and such antenna shall not be used for any commercial advertising purposes and shall not be oriented as to create a glare for traffic or public streets. (Ord. 1748 § 1, 1985.) 18.56.050 Accessory building—Double —Double frontage lot. .. In case of an interior lot abutting upon two or more streets, no detached accessory building shall be erected or altered so as to encroach upon the one-quarter of lot nearest either street or in any case the front yard required for either street. (Prior code § 30-18 (4) (e).) 18.56.060 Dwelling in C or M district. Every building or portion thereof which is designed or used for any dwelling purpose in any C or M district shall comply with the provisions of this title as to side yards which are re- quired in R districts. (Prior code § 30-18 (4) (f).) 0 692-1 (Redding 5-86) • • YARDS 18.56.080 Building lines. Where building lines have been indicated on a subdivision map filed of record in the office of the county recorder, or where indicat- ed on any zoning map, the lines shown on the maps shall take precedence over the front yard setback lines set forth in this code, except that all regulations for future width lines or official plan lines as established by this title or by the street and highway master plan shall be adhered to. (Prior code § 30-18(4)(h).) 18.56.090 R-4 or C-1 d Notwithstanding any commission may approve setbacks in R-4 or C-1 procedure under the follo A. Side yards may be d buildings where the layout and where then proposed office build. B. Front yards may be de buildings when the de in the opinion of the (Prior code § 30-18(4)(i). 18.56.100 Corner lots. For the purpose of est line on a corner lot may permit. When considering review shall consider the e. more restrictive side or re; and purpose of the code se § 30-18(4)0).) requirements of this title, the planning less than the required front and side yard iistricts without following the variance ving conditions: ;creased for the establishment of office lecrease will result in a better parking is no residence unit or units adjoining the reased for office buildings or commercial rease will result in a better parking layout lanning commission. iblishing yard requirements, the front lot be reversed subject to obtaining a use uch a request, the board of administrative fect on adjacent property and may require r yards where needed to fulfill the intent :tion's established yard areas. (Prior code (Redding 444) ZONING • Chapter 18.58 NONCONFORMANCES Sections: 18.58.010 Purpose and intent. 18.58.020 Definitions. 18.58.030 Use lacking a use permit. 18.58.040 Nonconforming uses. 18.58.050 Nonconforming structures. 18.58.060 Nonconforming sites. 18.58.070 Abandoned use permits. 18.58.080 Residential structures in a commercial zone. 18.58.090 Illegal nonconformances. 18.58.100 Use or structure made nonconforming during construction or establishment. 18.58.110 Cross-references. 18.58.010 Purpose and intent. • These regulations are established in order to describe nonconformances created through annexation, zoning changes, General Plan amendments, or code changes. Nonconformance falls into the following categories: A. The use of the land or structures on the land requires a use permit within the district in which the land is located, and no use permit has been obtained. For example, an office in an "R-4" multiple family residential district which lacks a use permit. This is called a "use lacking a use permit"; B. The use of the land or structures on the land is not allowed within the district in which the land is located. For example, a wrecking yard in a central commercial district. This is called a "nonconforming use"; C. There is a structure or structures on a parcel which are designed for uses not allowed within the district in which the land is located. For example, a commercial structure in a residential district. This is called a nonconforming structure"; (Redding 444) 694 0 • NONCONFORMANCES D. The use of the land or structures on the land conform to the uses permitted within the district on which the land is located; but the land, structures, or other improvements in some way do not conform to the requirements of this title. Examples are building setbacks, parking lot design, landscape, and signs. This is called a "nonconforming site"; E. The use of the land or structures on the land requires a use permit within the district in which the land is located and a use permit was obtained (from Shasta County or the city), but the use has been abandoned. This is called an "abandoned use permit"; F. The parcel contains residential structures, but is located in a commercial zoning district and lacks the required use permit for residential use. This is called a "residential structure in a com- mercial zone." This is in fact a special category within the `use lacking a use permit" category, but is treated separately because the use (residential) and the structure (house or multiple -family residence) cannot be separated. • A specific parcel and its structures and uses may be "noncon- forming" in multiple ways. For example, there may be an office use in a residential zone with a ten -foot, front yard setback. In such a situation, each aspect of nonconformance shall be dealt with sepa- rately according to the regulations for that aspect. (Ord. 2060 § 1 (part), 1993.) 18.58.020 Definitions. As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them: "Abandoned" means that a use has ceased, or a structure has been vacated, for a time period as specified in this chapter. Cessation or vacation can be determined through termination of utility service, photographic record, lack of a licensed business at the site, and other indications of cessation or vacation. Abandonment does not include temporary or short-term interruptions to a use or occupancy of a structure during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of 695 (Redding 444) ZONING • seasonal closure that have occurred on a regular basis for five years prior to the nonconforming status. "Abandoned use permit" means a use permit which has become subject to the restrictions of this chapter through abandonment. "Cessation" means the discontinuance of the primary and signifi- cant use or activity on a site. As an example, consider the following: Lumber yards usually involve an outdoor storage/sales area and a building containing smaller retail sales and offices. In a "C-2"zone, the building with its associated retail and office is conforming, but the lumber yard is not. Destruction of the building would not affect the legal nonconforming status of the lumber yard, since the primary and significant use has not ceased. Destruction of the lumber yard would be considered cessation of the legal nonconforming status and would be treated as described in this chapter. "Conforming site" means a parcel which complies with all requirements of this title for the district in which the parcel is located relating to site improvements such as (but not restricted to) building setbacks, parking, landscape, and signage. "Conforming structure" means a structure which is designed for • the conforming uses on a parcel. The use for which a structure was designed can be determined from building codes, site characteristics (e.g., parking and setbacks), architectural principles, and a judgment of reasonable use. "Conforming use" means the use of land or structures which conform to the regulation specified in this title for the district in which the land is located and which has been appropriately permitted by the city if a use permit is required by the district in which the land is located. "Intensity" means the impacts which a use has on infrastructure, the environment, or nearby property and uses and also refers to the degree of permanence of a use or structure. "More intensive" means a use which creates a greater impact on infrastructure, the environ- ment, or nearby property and uses or increases the degree of perma- nence of a use or structure. Examples of more intensive uses include, but are not limited to, those which involve an increase in traffic, an increase in parking demand, an increase in noise levels, an increase in air quality impacts, an increase in the area of the use, greater land - use conflicts with nearby property and uses, or the increase of the permanence of an existing use or structure. "Less intensive" means (Redding a -aa) 696 • s NONCONFORMANCES a use which creates a lesser impact on infrastructure, the environ- ment, or nearby property and uses or decreases the degree of perma- nence of a use or structure. Examples of less intensive uses include, but are not limited to, those which involve a decrease in traffic, a decrease in parking demand, a decrease in noise levels, a decrease in air quality impacts, a decrease in the area of use, lesser land -use conflicts with nearby property and uses, or the decrease of perma- nence of a use or structure. "Nonconforming site" means a parcel which does not comply with all requirements of this title for the district in which the parcel is located relating to site improvements such as (but not restricted to) building setbacks, parking, landscape, and signage. "Legal nonconforming site" means a parcel which was a conforming site at the time that the last conforming structure was built on the parcel, or the last conforming use was established on the parcel, whichever is later. " Megal nonconforming site" means a parcel which was a nonconforming site at the time that the last conforming structure was built on the parcel, or the last conforming use was established on the • parcel, whichever is later, or a parcel on which changes have been made to the site which have caused the site to become nonconform- ing. Legal nonconforming sites can be created by annexation, rezon- ing, General Plan amendment, and changes to the regulations speci- fied in this title for the district in which the parcel is located. "Nonconforming structure" means a structure which is not reasonably designed for the conforming uses on a parcel. The use for which a structure is designed can be determined from building codes, site characteristics (e.g., parking and setbacks), architectural principles, and a judgment of reasonable use. Examples of noncon- forming structures are multiple -family structures in single-family residential areas and commercial structures in residential areas. "Legal nonconforming structure" means a nonconforming structure which was conforming at the time the structure was built. "Illegal nonconforming structure" means a nonconforming structure which was nonconforming at the time the structure was built. Legal non- conforming structures can be created by annexation, rezoning, General Plan amendment, and changes to the regulations specified in this title for the district in which the structure is located. 696-1 (Redding 494) ZONING "Nonconforming use" means a use of a structure or land which does not conform to the regulation specified in this title for the district in which the land is located. "Legal nonconforming use" means a nonconforming use which was a conforming use at the time the use was established. "Illegal nonconforming use" means a nonconforming use which was nonconforming at the time the use was established. Legal nonconforming uses can be created by annex- ation, rezoning, General Plan amendment, and changes to the regula- tions specified in this title for the district in which the land is locat- ed. "Use lacking a use permit" is a use which requires a use permit in the district in which the land is located, but for which no use permit has been obtained. "Legal use lacking a use permit' means a use which did not require a use permit at the time the use was established. "Illegal use lacking a use permit' means a use which required a use permit at the time the use was established. Legal uses lacking use permits can be created by annexation, rezoning, General Plan amendment, and changes to the regulations specified in this title for the district in which the land is located. • (Ord. 2060 § 1 (part), 1993.) 18.58.030 Use lacking a use permit. A. Continuation. Legal uses lacking use permits may be continued provided that such use shall not be enlarged or increased or be extended to occupy a greater area than that occupied by the use at the time it becomes subject to the requirement for a use permit. B. Change to Equivalent or Less Intensive Use. Legal uses lacking use permits may be changed to a different use lacking a use permit providing that the new use is of the equivalent or a less intensive nature. When a legal use lacking a use permit is changed to a different use lacking a use permit of a less inten- sive nature, the new, less intensive use shall be the legal use lacking a use permit; and the property cannot return to the former, more intensive use without the issuance of a use permit and compliance with all restrictions of this title. (Redding 494) 696-2 • • NONCONFORMANCES C. Change to More Intensive Use. New uses which are judged to be more intensive than a legal use lacking a use permit shall require the issuance of a use permit and are subject to all restric- tions of this title. When uses lacking use permits are located on "nonconforming sites" (which is common), as defined in this chapter, the intensification of use on the site will also require conformance with the provisions of the "nonconforming sites" section of this chapter. D. Abandoned. If a legal use lacking a use permit ceases for a continuous period of six months, it shall be considered aban- doned, and the subsequent use of the land shall be in confor- mance with the regulations specified by this title for the district in which the land is located. If a legal use lacking a use permit ceases on a specific area of a parcel for a continuous period of six months, it shall be considered abandoned on that area, and the subsequent use of that area shall require the obtaining of a use permit and compliance with whatever conditions of approval are placed upon the issuance of such permit. • E. Use Ceased by Damage or Destruction. If a legal use lacking a use permit is caused to cease through damage or destruction by fire, explosion, earthquake, or other act, the reestablishment of such use shall require the obtaining of a use permit and compli- ance with whatever conditions of approval are placed upon the issuance of such permit and current city regulations. (Ord. 2060 § 1 (part), 1993.) • 18.58.040 Nonconforming uses. A. Continuation. Legal nonconforming uses may be continued provided that such use shall not be enlarged or increased or be expanded to occupy a greater area than that occupied by the use at the time it becomes nonconforming. Illegal nonconforming uses shall cease. B. Change to Same or Less Intensive. Legal nonconforming uses might be permitted to be changed to a different nonconforming use provided that the new use is of the same or a less intensive nature and provided that, in each case, a use permit shall first be obtained. It is noted that such use permit is discretionary and shall be evaluated on a case-by-case basis. As a result, it may 696-3 (Redding 494) ZONING • be denied, and may involve conditions of approval requiring alteration, reduction of size, or other change from the previous uses and structures. New nonconforming uses which are judged to be more intensive are prohibited. When a legal nonconforming use is changed to a different nonconforming use of a less inten- sive nature, the new, less intensive use shall be the legal non- conforming use; and the property cannot return to the former, more intensive use. C. Abandoned. If the legal nonconforming use ceases for a continu- ous period of six months, it shall be considered abandoned, and the subsequent use of the land shall be in conformance with the regulations specified by this title for the district in which the land is located. If the nonconforming use ceases on a specific area of a parcel for a continuous period of six months, it shall be considered abandoned on that area, and the subsequent use of that area shall be in conformance with the regulations speci- fied by this title for the district in which the land is located. D. Use Ceased by Damage or Destruction. If a nonconforming use is caused to cease through damage or destruction by fire, explo- • sion, earthquake, or other act, the subsequent use of the land shall be in conformance with the regulations specified by this title for the district in which the land is located. (Ord. 2060 § 1 (part), 1993.) 18.58.050 Nonconforming structures. A. Continuation. Legal nonconforming structures may remain provided that such structure shall not be enlarged or altered. B. Abandoned. If a legal nonconforming structure remains vacant for a continuous period of twelve months, it shall be considered abandoned and shall thereafter be removed or converted to a conforming structure with a conforming site and use. If the structure cannot be converted to a conforming structure with a conforming site, the structure shall be removed. This provision applies to any structure on a parcel individually such that if one legal nonconforming structure on a parcel is abandoned, that structure must be removed or converted even if other legal nonconforming structures on the parcel have not been aban- doned. (Redding 444) 696-4 • • NONCONFORMANCES C. Maintenance and Repairs. Ordinary maintenance and repairs may be made to any legal nonconforming structure provided no structural alterations are made and provided that the work does not exceed fifteen percent of the structure's replacement value in any one-year period. Other repairs or alterations may be permitted provided that a use permit shall first be obtained in each case. D. Damage or Destruction. If a legal nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other act to an extent of more than seventy-five percent of the replace- ment value thereof, it may not be restored. (Ord. 2060 § 1 (part), 1993.) 18.58.060 Nonconforming sites. A. Continuation. Legal uses or structures on legal nonconforming sites that are defective in one or more areas may continue without upgrading the site provided that the use or structure on • the nonconforming site shall not be enlarged or increased or be extended to occupy a greater area than that occupied by the use or structure at the time the site becomes nonconforming, except as provided for by this section. B. Change of Legal Use to Same or Less Intensive Use. Uses on legal nonconforming sites may be changed to a different use without upgrading the site provided that the new use is of the same or a less intensive nature. When a use on a nonconforming site is changed to a different use of a less intensive nature, the new, less intensive use shall be the legal use on the nonconform- ing site; and the property cannot return to the former, more intensive use without the issuance of a use permit and compli- ance with all restrictions of this title. C. Change of Legal Use to More Intensive Use or Expansion of Legal Structure. New uses on legal nonconforming sites, which are judged to be more intensive, or the expansion of legal structures on legal nonconforming sites shall require the upgrad- ing of the site to conformance with this title according to the following principles if these standards are not already met: • 696-5 (Redding 494) ZONING 1. Nonconforming parking lots are addressed in Chapter 18.62, with additional restrictions as specified in subdivision 2 of this subsection. 2. Irrespective of whether or not there is an increase of fifteen percent demand for parking, the following restrictions shall apply to nonconforming parking lots: a. Street frontage landscape planters required by the park- ing code shall be installed, unless waived by use permit. b. Screening and/or fencing required for parking areas shall be installed. c. Existing driveway cuts exceeding the number or size or frontage percentage permitted by applicable codes shall be made to conform, unless such provision is waived by use permit. d. Code -specified, paved back-up areas for existing covered parking shall be required, unless waived by use permit. 3. Existing nonconforming setbacks, building separations, and heights may remain as long as they are not made more defective with respect to the city code. The expansion of a • structure cannot continue or expand the nonconforming setback, building separation, or height without a variance, zoning exception, or administrative use permit (for increased front yard setback), whichever is applicable. 4. Required street frontage landscape planters and street trees shall be installed unless waived by use permit. Required landscape buffers and landscape screens shall be installed unless waived by use permit. 5. In zones in which a specified percentage of the parcel must be landscaped, the entire landscape must be provided upon intensification of use or expansion of a structure, and the intensification or expansion cannot occur if the percentage requirement cannot be met. 6. If applicable, all signs shall be modified to comply to legal heights, sizes, number, and type and shall be relocated to legal setbacks. 7. If applicable, screening and/or fencing required for outdoor storage or for separation of uses shall be installed. 8. Trash container enclosures shall be provided in accordance with Chapter 18.55. (Redding 4-94) 696-6 • • NONCONFORMANCES 9. The tree planting requirements for parcels which do not conform to existing planting requirements of the tree preser- vation ordinance is presented in Chapter 18.65. 10. If structures exceed the maximum building coverage on a lot, the structures may remain, but may not be expanded in any way except in height to legal height limits. 11. Structures in an "RM" zone which lack adequate open space, as defined in Chapter 18.19, may not be expanded. 12. Curb, gutter, sidewalk, and tie-in paving shall be installed unless waived by use permit. 13. Utilities, such as sewer, water and fire hydrants shall be installed in accordance with appropriate city ordinances. 14. All overhead electric facilities on site shall be placed under- ground, unless such requirement is waived by use permit. 15. Other site characteristics not covered by these provisions shall be considered in a manner consistent with the princi- ples revealed by these provisions. D. Residence Lacking Covered Parking and/or Paved Driveway. A single-family residence, whether manufactured or built on site, with less than two covered parking spaces and/or without a paved driveway is a special category of a nonconforming site. Such residences may be expanded subject to the limitations of this section; accessory structures may be added (subject to the provisions of this title); and other intensification of use may occur on the site without upgrading the site to provide the parking spaces and/or paved driveway. However, if the structure is damaged or destroyed as defined in subsection G of this section, or if a portion or all of the structure representing more than seventy-five percent of the replacement value of the struc- ture is to be replaced, restored, or rehabilitated, such replace- ment, restoration, or rehabilitation shall occur only if the site is made a conforming site, including the provision of two covered parking spaces and a paved driveway where required by Chapter 18.62. A residence lacking covered parking and/or paved drive- way shall not be expanded by more than twenty-five percent in floor area, unless the site is made a conforming site including the provisions of two covered parking spaces and a paved driveway where required by Chapter 18.62. 696-7 (Redding 494) ZONING • E. Abandoned. The concept of abandonment in relationship to a nonconforming site is not regulated. However, if the use or structures on a nonconforming site area abandoned as defined by another section of this chapter or title and require a use permit to be reestablished, the reestablishment of such use or structures shall be considered an intensification of use and shall be regulated in accordance with subsection C of this section. F. Maintenance and Repairs. Ordinary maintenance and repairs may be made to any structure on a nonconforming site provided no structural alterations are made and provided that the work does not exceed fifteen percent of the replacement value thereof in any one-year period and provided that the maintenance and repairs do not create greater nonconformances on the site. Other repairs or alterations may be permitted provided that a use permit shall first be obtained in each case. G. Structure Damaged or Destroyed or Use Ceased by Damage or Destruction. If a structure on a legal nonconforming site is damaged or destroyed by fire, explosion, earthquake, or other act to an extent of more than seventy-five percent of the replace- • ment value thereof, or if a use on a nonconforming site is caused to cease through damage or destruction by fire, explosion, earthquake, or other act, the restoration of such structure or use shall be in full compliance with the requirements of this title. (Ord. 2060 § 1 (part), 1993.) 18.58.070 Abandoned use permits. A. Generally. Uses for which a use permit was obtained may be continued. If a use included in a use permit is abandoned for a period of six months or more, the use is considered as having an abandoned use permit. The property may then be used only in accordance with the following restrictions: 1. Uses permitted outright in the zoning district in which the structure or land is located may be established. 2. Uses requiring a use permit in the zoning district in which the structure or land is located may be established so long as both of the following are in effect: (Redding 494) 696-8 • 0 NONCONFORMANCES a. The use is identical to, similar to, or of a less intensive nature than the uses included in the abandoned use permit; b. The site is a conforming site. 3. Uses prohibited in the zoning district in which the structure or land is located may not be reestablished, even though a previous use permit existed. Such uses are abandoned non- conforming uses. 4. Uses requiring a use permit in the zoning district in which the structure or land is located which is more intensive than the abandoned use permit use or which are proposed to be located on a nonconforming site may be established so long as a use permit is first obtained. The establishment of such uses on nonconforming sites shall comply with the "noncon- forming site" section of this chapter. B. Structure Damaged or Destroyed or Use Ceased by Damage or Destruction. If a use or structure operating under the terms of a use permit is destroyed, damaged, or caused to cease through damage or destruction by fire, explosion, earthquake, or other act, the use and/or structure shall be considered an abandoned use permit and shall thereafter be used only in accordance with the specifications of this section. (Ord. 2060 § 1 (part), 1993.) 18.58.080 Residential structures in a commercial zone. A. Continuation. Residential structures in a commercial zone may be continued as a residential use provided that such structures shall not be enlarged unless a use permit is first obtained. B. Abandoned. So long as residential structures in a commercial zone are not used or converted for any use other than residential use, residential use may continue irrespective of periods of cessation of use. If a residential structure in a commercial zone is used or converted for any use other than residential use, resumption of residential use shall require a use permit and compliance with all requirements of this title. 696-9 (Redding 4-94) ZONING C. Maintenance and Repairs. Ordinary maintenance and repairs may be made to any residential structure in a commercial zone provided no structural alterations are made and provided that the work does not exceed fifteen percent of the replacement value in any one-year period. Other repairs or alterations may be permitted provided that a use permit shall first be obtained in each case. D. Use Ceased by Damage or Destruction. If a residential structure in a commercial zone is damaged or destroyed by fire, explo- sion, earthquake, or other act to an extent of more than seventy- five percent of the replacement value thereof, restoration may be permitted provided that in each case a use permit shall first be obtained. E. Special Note Abont Use Permits. Residential structures are not always appropriate in commercial zones. It is noted that the use permits discussed in this section are discretionary, shall be evalu- ated on a case-by-case basis, may be denied, or may involve conditions of approval requiring alteration, reduction of size, or other change to the existing structures. • F. Conversion of Residential Structure to a Commercial Structure. Residential structures in commercial zones that are to be convert- ed to a commercial structure shall be treated the same as if a new structure is being developed. (Ord. 2060 § 1 (part), 1993.) 18.58.090 Illegal nonconformances. The sections of this chapter relate to legal nonconformances. Illegal nonconformances as defined by this chapter are not protected under the terms of this chapter. Such nonconformances must be made fully conforming or shall cease and/or be removed. (Ord. 2060 § 1 (part), 1993.) 18.58.100 Use or structure made nonconforming during construction or establishment. Any structure for which a valid building permit has been granted and on which construction has started prior to the structure's becom- ing nonconforming may be completed in accordance with the ap- (Redding 4-44) 696-10 • • NONCONFORMANCES proved plans and specifications provided that the construction is diligently carried on and completed within a reasonable time. Any use for which a valid use permit has been issued may be established providing it is substantively established within twelve months of the date of issuance of the permit. Extensions of use permits may be granted only for conforming uses with conforming structures and conforming sites. (Ord. 2060 § 1 (part), 1993.) 18.58.110 Cross-references. Special nonconforming uses are also referenced in the following sections: 18.47.090 references substantial improvement of structures in an "FP" floodplain combining district. 18.47.150 references nonconforming uses in an "FP" floodplain combining district. 18.48.070 and 18.48.080 reference nonconforming uses in an airport approach zone. • 18.62.020 and 18.68.030 reference parking lot issues in relation- ship to the enlarging of structures or intensification of uses. 18.63.100 references the idling and abandonment of surface mines. 18.65.180 references tree -planting issues in relationship to the enlarging of structures. 18.68.040, 18.68.050 and 18.68.060 reference annexed mobilehome parks. 18.90.100(A) references abandoned signs. 18.90. 110 references nonconforming signs. (Ord. 2060 § 1 (part), 1993.) • 696-11 (Redding 444) ZONING Chapter 18.60 BOARD OF ADMINISTRATIVE REVIEW Sections: 18.60.010 Created. 18.60.020 Use permit granting. 18.60.030 Special outdoor advertising permits. 18.60.040 Confirmation requirement. 18.60.050 Meetings. 18.60.060 Public hearing. 18.60.070 Reference to planning commission. 18.60.080 Secretary. 18.60.090 Report of activities. 18.60.010 Created. There is created a board of administrative review consisting of the chairman of the planning commission, or, in his absence, the vice-chairman of the planning commission, or, in his absence also, their designated alternate among the remaining planning commission- ers; the city engineer, or a representative designated by him; and the planning director, or a representative designated by him. The board of administrative review shall have, among others, the powers and duties specified in this chapter. (Ord. 1497 § 1, 1980.) (Redding 444) 696-12 • BOARD OF ADMINISTRATIVE REVIEW • 18.60.020 Use permit granting. The board of administrative review shall have the duty to hear applications for use permits and to grant, grant subject to conditions or deny such applications in accordance with applicable law and such policies as are established by the planning commission. (Prior code § 30-18(6)(a).) 18.60.030 Special outdoor advertising permits. The board of administrative review shall have the duty to hear all applications for special permits relating to outdoor advertising structures or signs made pursuant to Chapters 6.36 and 16.32, and to grant or deny such applications or to impose such conditions upon the granting of such permits as are reasonable and proper in accordance with applicable law and such policies as are established by the planning commission and the city council. (Prior code § 30-18(6)(b).) 18.60.040 Confirmation requirement. • All actions of the board of administrative review, whether positive or negative, shall require the vote of at least the planning commission representative present and one other member of the board to confirm the action. (Prior code § 30-18(6)(c).) 18.60.050 Meetings. The board of administrative review shall meet regularly at least once a month at a time and place established by the board, and may hold special meetings by call of the chairman or, in his absence, the vice-chairman of the planning commission. In the procedure for calling special meetings and holding any meetings of the board, the laws of the state applicable to local public legislative bodies and commissions in relation to notice and to public meetings shall be followed. (Prior code § 30-18(6)(d).) 18.60.060 Public hearing. Whenever the board deems it necessary in the conduct of its 0 697 ZONING business to hold a public hearing in regard to a particular application submitted to it for determination, it shall comply with the notice and hearing procedures relating to use permits and variances established by the provisions of Section 18.62.040. (Prior code § 30-18(6)(e).) 18.60.070 Reference to planning commission. Whenever in the judgment of the board an application under consideration involves an issue wherein there appears to be no applicable law, or an apparent ambiguity in the existing law, or need for policy guidance by the city council or planning commission, the board shall refer the application to the planning commission for determination. (Prior code § 30-18(6)(f).) 18.60.080 Secretary. The board of administrative review shall appoint a secretary, who shall make and keep a record of the proceedings of the • board. The secretary of the board need not be a board member. (Prior code § 30-18(6)(g).) 18.60.090 Report of activities. The board of administrative review shall submit to the planning commission a report of its activities during the previous quarter on or before April 20th, July 20th, October 20th and January 20th of each year. The report shall include the number of applications received, shall classify the applications as to type and shall indicate the decision of the board as to each application. (Prior code § 18-30(h).) 698 0 • OFF-STREET PARKING AND LOADING REGULATIONS Chapter 18.62 OFF-STREET PARKING AND LOADING REGULATIONS6 Sections: General. 18.62.180 Part 1. General Provisions 18.62.000 Purpose. 18.62.010 Erection or moving of buildings—Use thereof. 18.62.020 Enlargements, etc., of buildings. 18.62.030 Changes in use of building. 18.62.040 No reduction in off-street parking spaces. 18.62.050 Fractional spaces. 18.62.060 Computation of required parking. 18.62.070 Uses not mentioned. 18.62.080 Mixed uses. 18.62.090 Spaces for one use only. 18.62.100 Joint parking use. 18.62.110 Exceptions—Modifications. 18.62.120 Other requirements. 18.62.130 Off-street parking spaces required. 18.62.140 Visitor parking. 18.62.150 Company vehicles. 18.62.160 Drive -up facilities. Part 2. Off -Street Parking Spaces 18.62.170 General. 18.62.180 Areas not to be used for parking or loading. 18.62.190 Ingress and egress, maneuvering area, protection of other property. 18.62.200 Covered parking. 18.62.210 Reserved. 18.62.220 Open—Parking spaces. 18.62.230 Surfacing. 18.62.240 Lighting. 18.62.250 Screening and landscaping. • 699 (Redding 5-92) ZONING • 18.62.260 Drainage. 18.62.270 Curb cuts. 18.62.280 Reserved. 18.62.290 Paving of alleys. 18.62.300 Special requirements. 18.62.310 Driveway grades/widths. 18.62.320 Setback from streets and alleys. 18.62.330 Accessible parking. 18.62.340 Tandem parking. 18.62.350 Parking area directional signs. 18.62.360 Drop-off points. 18.62.370 Slope. 18.62.380 Vertical clearance. 18.62.390 Parking structures. Part 3. Off-street Loading Spaces 18.62.400 Off-street loading spaces required. 18.62.410 Size of off-street loading space. • 18.62.420 Driveways for ingress and egress and maneuvering areas. 18.62.430 Location. Part 1. General Provisions 18.62.000 Purpose. These regulations are established in order to assure that parking areas are properly designed and located in order to meet the parking needs created by specific uses. It shall be the responsibility of the developer, owner, or operator of any specific use to provide ade- quately designed off-street parking areas. Off-street parking and loading areas are to be established in a manner that will ensure their usefulness, protect the public safety, minimize congestion and conflict points on public streets, and where appropriate, buffer surrounding land uses from their impact. (Ord. 1995 § 1 (part), 1992.) (Redding 5-92) 700 • 0 OFF-STREET PARKING AND LOADING REGULATIONS O 18.62.010 Erection or moving of buildings—Use thereof. After January 19, 1983, no building shall be erected, constructed, or moved, nor be used for any purpose, unless at the time such building is erected, constructed, or moved, there is provided and at all times thereafter maintained for such building and its use, in accordance with the requirements of this chapter, off-street parking spaces not less in number than the minimum specified in this chapter for such building and its use. No building or moving permit shall be issued for any building, unless the application specifies the proposed use of the building, and the planning director is satisfied that ade- quate provision has been or will be made for such parking spaces as are required by the provisions of this chapter. (Ord. 1995 § 1 (part), 1992.) 18.62.020 Enlargements, etc., of buildings. Effective March 31, 1988, for every building which is enlarged, altered, converted, or changed, such that said change increases the number of parking spaces required under this chapter by more than fifteen percent, there shall be provided, at a minimum, the number of spaces required for the particular use(s) of the building as speci- fied in Section 18.62.130. This requirement shall be invoked where changes delineated above are taken either by themselves or taken cumulatively in conjunction with any prior change. All spaces provided shall be in conjunction with the requirements of this chapter. In instances where the enlargement, alteration, conversion, or change results in less than a fifteen percent increase in the number of spaces required by this chapter for the building as a whole, additional parking spaces for the enlargement area shall be provided as specified by Section 18.62.130. This section shall not be construed as requiring a greater number of spaces for the building/use than is otherwise required by this chapter. No building permit shall be issued unless the application specifies the proposed use(s) of the building, and unless the planning director, or his designee, is satis- fied that the parking spaces required by this chapter have been provided. (Ord. 1995 § 1 (part), 1992.) 701 (Redding 5-92) ZONING is 18.62.030 Changes in use of building. Effective March 31, 1988, for any building in which the use changes, either in whole or in part, such that the number of parking spaces required by that use under this chapter increases by more than fifteen percent, there shall be provided the number of spaces required for the use(s) of the building as specified in Section 18.62.130. (Ord. 1995 § 1 (part), 1992.) 18.62.040 No reduction in off-street parking spaces. Off-street parking spaces existing on January 19, 1983, and actually being used for the parking of automobiles or other motor vehicles in connection with the use of an existing building shall not be reduced in number or size, during the entire life of such building or land use, below that which would be required for a new building or use of a similar type constructed or commenced after January 19, 1983. No property owner shall sublease, subrent, or otherwise make available to residents, the off-street parking spaces required by this section. (Ord. 1995 § 1 (part), 1992.) • 18.62.050 Fractional spaces. If the number of off-street parking spaces hereinafter required contains a fraction, such number shall be changed to the nearest higher whole number. For example, if computed requirements equal nine and two-tenths spaces, ten spaces shall be required. (Ord. 1995 § 1 (part), 1992.) 18.62.060 Computation of required parking. As denoted in Section 18.62.130, residential parking for multiple family and condominium is based on the number of bedrooms. Rooms in these uses having the potential of being bedrooms and meeting the standard of the Uniform Building Code as a bedroom, shall be counted as bedrooms in determining off-street parking requirements. (Ord. 1995 § 1 (part), 1992.) 18.62.070 Uses not mentioned. The minimum number of off-street parking spaces required for (Redding 5-92) 702 0 • OFF-STREET PARKING AND LOADING REGULATIONS any given use is the same irrespective of the district in which such use is conducted. In case of a use for which off-street parking requirements are not specified at all in this chapter, the requirements for the most nearly similar use for which off-street parking require- ments are specified shall apply. (Ord. 1995 § 1 (part), 1992.) 18.62.080 Mixed uses. When two or more uses are located in the same lot or parcel of land or within the same building, the number of off-street parking spaces required shall be the sum total of the requirements of the various individual uses computed separately in accordance with this chapter. (Ord. 1995 § 1 (part), 1992.) 18.62.090 Spaces for one use only. An off-street parking space for one use shall not be considered to provide a required off-street parking space for any other use, except in the case of a joint use approved by the board of adminis- trative review as hereinafter provided. (Ord. 1995 § 1 (part), 1992.) 18.62.100 Joint parking use. The board of administrative review, by use permit, may approve the joint use of parking facilities in cases where parties wish to cooperatively establish and operate parking facilities and certain uses generate parking demands primarily during hours when the remain- ing uses are not in operation (for example, if one use operates during the daytime or on weekends and the other use operates at other times), if the board finds that such proposal will adequately provide the off-street parking required by this chapter. As conditions prece- dent to approving such alternating use, the board shall require: A. The submission of satisfactory statements by the parties provid- ing such facilities, and the parties such facilities are to serve, describing the nature of the uses and times when such uses operate so as to indicate the lack of conflict between such uses. B. Such documents or commitments as the board may deem neces- sary, in each particular case, to assure provision and maintenance is703 (Redding 5-92) ZONING is of the required off-street parking spaces. (Ord. 1995 § 1 (part), 1992.) 18.62.110 Exceptions—Modifications. Whenever the city council shall have undertaken proceedings for the formation of an off-street parking assessment district for the purpose of constructing off-street parking facilities for the benefit of the territory within such district and such territory is subject to assessment to pay all or part of the cost of such facilities, the city council may, by resolution, exempt the territory within such district from the off-street parking requirements set forth in the chapter, or modify such requirements for such territory, if said council deter- mines that the off-street parking facilities constructed or to be constructed pursuant to such proceedings will, taken alone, or in conjunction with such modified requirements as may be imposed by said council, provide as well or better for the off-street parking needs of such territory than if such territory were subject, without exemp- tion or modification, to the off-street parking requirements set forth • in this chapter. Modified Parking Requirements: A. Where a motel use includes ancillary restaurant, bar, and convention -facility uses upon an appropriate showing and appli- cation, the board of administrative review may, by use permit, reduce the combined off-street parking space requirement up to a maximum of fifty percent of the off-street parking required for ancillary uses only. B. Recognizing that each type of industrial development generates a different off-street parking need, the board of administrative review may, upon an appropriate application and an adequate showing, by use permit, reduce the off-street parking require- ment from the minimum established herein. Parking spaces waived by such procedures shall remain either in landscaped area or in unimproved open space in order to ensure that additional panting -space areas would be available for development if the industrial use were intensified subsequently. (Redding 5-92) 704 0 • OFF-STREET PARKING AND LOADING REGULATIONS C. It is recognized that certain uses may be unique in their parking demands, and that certain locations within a given zone may, as a result of existing developed areas within the zone, have unique traffic congestion or on -street parking problems, which for new developments require off-street parking greater in quantity than the minimums set forth above. In those cases in which such facts exist and in which the proposed improvement or use requires a use permit, the board of administrative review shall have the power to impose off-street parking space requirements greater than those set forth as minimums hereinabove. D. Where the site for the proposed use or development cannot satis- factorily provide all of the required off-street parking spaces for the proposed use or development, upon appropriate application and an adequate showing, the board of administrative review may, by use permit, allow the minimum off-street parking requirements to be satisfied by the provision of off-site, off-street parking facilities, provided that such facilities are located within • not more than four hundred feet from the site of the proposed use or improvement. The board shall require such documents, agreements, commitments and such other evidence as it deems necessary in each particular case before it makes any such finding. E. By use permit, in multiple -family zones, the board of administra- tive review may waive the requirement that detached accessory structures utilized for off-street parking purposes be located on the rear one-half of the lot where adequate evidence is submitted indicating that location elsewhere would not injure adjoining properties, that the structures meet the same setback require- ments as a main building, and that parking does not back out into the street. F. At the time of construction of any general -service hospital, or at the time any general -service hospital is enlarged, or increased in capacity, or where the use is intensified by the addition of floor space or bed space, there shall be provided for such new construction, enlargement, or increased capacity, one parking 0 704-1 (Redding 5-92) ZONING • space for every four beds plus one parking space for every four employees or two parking spaces per bed, whichever is greater. G. The temporary use of off-street parking spaces for nonparking shall not violate this chapter, provided that: 1. The nonparking use shall not extend longer than three con- secutive calendar days at any one time; 2. The nonparking use or uses shall not consist of more than twelve days in any one calendar year, 3. That the use has obtained a use permit for outside sales; 4. That the use does not utilize more than twenty percent of the off-street parking spaces required under this code. H. The off-street parking requirements listed in Section 18.62.130 shall not apply in the "C-4" retail core commercial district, provided that if a property owner chooses to install parking, the other requirements of this chapter shall apply. (Ord. 1995 § 1 (part), 1992.) 18.62.120 Other requirements. • The off-street parking requirements set forth in this chapter are nonexclusive and shall not be deemed to repeal, modify, or otherwise affect such off-street parking requirements or regulations as may be set forth in other parts of this code or the general plan; provided and excepting, however, that if the off-street parking requirements of the chapter with respect to any property, building, or use should be different from those applicable to such property, building, or use under or by virtue of any provision or provisions of other parts of this code, then in that event the more stringent off-street parking requirements shall apply. (Ord. 1995 § l (part), 1992.) 18.62.130 Off-street parking spaces required. All off-street parking and garage and access thereto required by the following schedule shall be improved and maintained in accor- dance with the requirements of this chapter, provided that the provi- sions shall not apply to areas used solely for display or as sales areas for such products as boats, mobilehomes, trucks, and heavy equip- ment. Unless otherwise approved pursuant to Sections 18.62. 100 and (Redding 5-92) 704-2 0 • OFF-STREET PARKING AND LOADING REGULATIONS 18.62.110, the required parking or spaces shall be located on the same building site as the use or building they are intended to serve. On -street parking within public or private streets, driveways, or drives shall not be used to satisfy the off-street parking requirement, except as otherwise noted in Section 18.62.140. Off -Street Parking Use Space Requirements Accessory employee housing I space per unit or guest cottage Animal care facility 1 space per 350 square feet of gross floor area Automotive parts stores I space per 350 square feet of gross floor area • Automotive repair service 1 space per 350 square feet of gross floor area Automotive sales I space per 2,000 square feet of interior and/or exterior sales, display, or storage area up to a total 20 spaces. In addition, I space for each 300 square feet of office space shall also be provided Bank 1 space per 200 square feet of gross floor area Boardinghouse 1 parking space per each bedroom plus 2 additional parking spaces overall 0 704-3 (Redding 5-92) ZONING Boat sales 1 space per 2,000 square feet of interior and/or exterior sales, display, or storage area up to a total 20 spaces. In addition, 1 space for each 300 square feet of office space shall also be provided Bowling alley 5 parking spaces per each bowling lane plus 1 parking space for each 200 square feet of gross floor area devoted to accessory uses Bulk retail store I parking space for each 500 square feet of gross floor area Business and trade school 1 space per 4 -person capacity or 1 space for each 250 square feet of gross floor area, whichever is greater Card room 1 parking space for each 2 seats in the play area plus 1 space per 3 seats in any bar or dinner area Church, social hall, club, lodge, community center, or other place of public assembly Cleaning and dyeing establishment I parking space for each 4 seats in the principal seating area, or 1 parking space for every 40 square feet in the principal seating/as- sembly area, whichever is the greater, plus 1 passenger loading space 1 space for each 300 square feet of gross floor area �J • (Redding 5-92) 704-4 0 • s • OFF-STREET PARKING AND LOADING REGULATIONS Condominium 1.5 spaces per one -bedroom or efficiency units, 2 parking spaces per unit for 2 or more bedroom units, plus 1 guest parking for each 5 units and 1 recreational - vehicle parking space for each 5 units. For two-bedroom condomin- iums, 1 required space shall be covered. For three or more bed- room condominiums, there shall be 2 covered spaces Convalescent hospital Day nursery/preschool Golf driving range I parking space for each 3 beds I parking space for each 10 stu- dents plus I space for each teach- er/employee plus 1 passenger loading space 1.5 spaces for each driving tee Health club I parking space for each 125 square feet of gross floor area for the first 10,000 square feet of building area. One space for each 300 square feet of gross floor area shall be provided for that building area which exceeds 10,000 square feet Hotel 1 parking space per each bedroom plus 2 additional parking spaces Industry 1 space per 1,000 square feet of manufacturing or warehousing area, or per employee, whichever 704-5 (Redding 5-92) ZONING Laundromat Medical office and clinic is greater, plus 1 space per 300 square feet of office area plus 1 space per 200 square feet of retail floor area 1 parking space for each 200 square feet of gross floor area I parking space for each 200 square feet of gross floor area Merchandise loading space For each 20,000 square feet of requirement gross floor area, there shall be 1 loading space provided Mobile home park 2 parking spaces per unit, 1 of which shall be covered, plus I guest space for each 4 units plus 1 recreational -vehicle space for each 5 units Mortuary 1 parking space for every 4 seats in the principal seating area plus 3 parking spaces overall, or I parking space for each 45 square feet in the principal seating area, whichever is greater Motel 1 parking space for each motel unit plus 2 Multiple -family dwelling 1.5 parking spaces per one -bedroom and dwelling groups unit, 1.75 parking spaces per two-bedroom unit, 2 parking spaces per each three-bedroom unit, plus recreational -vehicle • • (Redding 5-92) 704-6 0 • • 0 OFF-STREET PARKING AND LOADING REGULATIONS Personal services Physical therapy services Planned development Pool and billiard room Professional office spaces according to the following table: RV Spaces Units Required 0- 10 0 11-30 1 31 -50 2 51 - 70 3 71 -90 4 91 - 110 5 111 - 130 6 For each additional 20 units, 1 additional RV space shall be provided. Recreational vehicle spaces shall be a minimum of 10 feet wide by 25 feet in length I parking space for each 200 square feet of gross floor area space per 150 square feet of gross building area 2 covered spaces per unit, plus I recreational -vehicle space for each 5 units and 1 guest space for each 4 units 1.5 parking spaces for each table I parking space for each 300 square feet of gross floor area 704-7 (Redding 5-92) ZONING Research and development Restaurant/Bar (a) Sit-down (b) Drive-in, fast-food, or self-service restaurant Retail: 1 space per for each 250 square feet of gross floor area 1 parking space for each 3 seats 1 parking space for each 75 square feet of gross floor area (a) Enclosed 1 space for each 200 square feet of gross floor area for the first 100,000 square feet; 1 space for each 225 square feet of gross floor area over 100,000 square feet and less than 200,000 square feet; 1 space for each 250 square feet of gross floor area over 200,000 square feet and less than 400,000 square feet; and 1 space per 200 square feet of gross floor area for that area which exceeds 400,000 square feet (Note: The enclosed public pedestrian area of malls need not be counted in determin- ing parking required under this section.) (b) Open lot Self storage (mini storage) 1 space for each 500 square feet of sales or display area. 1 space per 10,000 square feet plus 2 spaces for manager's unit C7 (Redding 5-92) 704-8 0 • • • OFF-STREET PARKING AND LOADING REGULATIONS Single-family dwelling Theater Two-family dwelling 2 covered spaces 1 parking space for every 4 seats 1 covered space per unit plus I other space per unit Warehousing 1 parking space for each 1,000 square feet of gross floor area plus 1 space per 300 square feet of office area Welding shop I space for each 1,000 square feet of gross floor area plus 1 addi- tional space (Ord. 1995 § 1 (part), 1992.) 18.62.140 Visitor parking. On -street parking may be counted toward the visitor parking re- quirement for planned developments or condominiums, provided that the street has an eight -foot -wide parking lane that is not posted or likely to be posted prohibiting parking and that to qualify as one visitor -parking space, there must be an uninterrupted twenty -two - foot -long space and a public sidewalk adjacent to the street. (Ord. 1995 § I (part), 1992.) 18.62.150 Company vehicles. Commercial or industrial uses are to provide one parking space for each company vehicle which is parked on the site during normal business hours. Such space may be located within a building. (Ord. 1995 § 1 (part), 1992.) 18.62.160 Drive -up facilities. In addition to the required off-street parking, drive -up facilities 704-9 (Redding 5-92) ZONING • shall provide twenty -foot -long stacking or vehicle reservoir spaces in accordance with the following schedule: Car wash Four reservoir spaces per rack. Drive-in bank Eight spaces for one teller drive -up. Six spaces for two win- dow tellers. Five spaces for three or more tellers. Drive-in restaurant Eight reservoir spaces per win- dow. Photo drop Two reservoir spaces per window. Service station Four reservoir spaces per pump aisle. The required spaces may be located at one or both ends of the pump island, as determined by • access points to the island, and shall measure a minimum unob- structed distance of eighty (80) feet. Such spaces shall not inter- fere with ingress and egress to the remainder of the parcel. (Ord. 1995 § 1 (part), 1992.) Part 2. Off-street Parking Spaces 18.62.170 General. Subject to other applicable provisions of this code and other applicable ordinances, the off-street parking spaces required by this chapter may be incorporated within the main building to be served, or within an accessory building, or open space may be provided therefor. Unless the planning commission or board of administrative (Redding 5-92) 704-10 is • 0 • OFF-STREET PARKING AND LOADING REGULATIONS review otherwise permits, all off-street parking spaces must be situated within the same lot or parcel within or upon which the main building or use is situated or conducted. Each off-street parking space shall be of a size and dimension which shall comply with the minimum criteria hereinafter required, shall be of usable shape and condition, and shall be maintained during the life of the building or use for which it is required to be provided. Proposed off-street parking -lot layouts submitted to satisfy the requirements of this chapter, which deviate in design from the patterns provided below, must demonstrate that adequate provision is afforded for safe ingress and egress; that adequate aisle width and maneuvering area are provided for safe maneuvering of vehicles therein; and that the design provides for safe pedestrian traffic to, from, and within the subject parking area. Up to forty percent of the stalls in a required off-street parking area for multiple -family, commercial, industrial, or public -assembly uses may be designed and designated as compact car stalls, provided the following criteria exist: A. The off-street parking requirement for the structure or structures on the same parcel exceeds ten cars; B. The mix of compact and standard -size spaces shall not exceed the following criteria for the number of spaces. In cases where the number of compact spaces are computed to be a fraction, the number of such stalls shall be determined by rounding to the nearest whole number. Total Parking Spaces Maximum Compact Stalls 1 to 10 spaces 11 to 30 spaces 31 to 100 spaces 101 or more spaces (Ord. 1995 § 1 (part), 1992.) None 10 percent of all spaces 30 percent of all spaces 30 spaces plus 40 percent of all spaces in excess of 100. 704-11 (Redding 5-92) ZONING is 18.62.180 Areas not to be used for parking or loading. Neither the off-street parking spaces required by the provisions of this chapter nor the off-street loading spaces so required shall, under any circumstances, be situated within any court or within any street side or front setback area required by other provisions of this title for the lot or parcel on which such parking spaces or loading spaces are located. The parking spaces for any parking area consist- ing of six or more parking spaces and located in or within twenty feet of any residential district shall not be closer to any public street than the front setback (and comer side setback, if any,) for the lot or parcel on which such parking area is situated, or the adjoining front setback (and comer side setback, if any,) of the adjoining residential lots or parcels, whichever front setback (and comer side setback, if any,) is greater, but in no event, closer to any public street than ten feet; provided that, if the front setback (and comer side setback, if any,) of the adjoining residential lots or parcels are not the same, then in that event the greater setback shall control. (Ord. 1995 § 1 (part), 1992.) • 18.62.190 Ingress and egress maneuvering area, protection of other property. Each off-street parking space shall be provided with: A. A driveway not less than the widths specified in Section 18.62.310(B), which shall provide ingress thereto from a public street or public way and egress therefrom to a public street or public way; B. A maneuvering area, such as an aisle or driveway of appropriate dimension or design, which must comply with minimum criteria hereinafter required and which will provide safe and efficient means of entry or exit by automobiles and other motor vehicles thereto and therefrom; and C. Where five or more parking spaces are required by the provi- sions of this chapter and such spaces will be used by the general public or business invitees of the owner or lessee of the premis- es, the following requirements shall also be applied: (Redding 5-92) 704-12 0 • OFF-STREET PARKING AND LOADING REGULATIONS 1. Parking stalls shall be delineated by painted white four -inch lines or other contrasting paint or other easily distinguishable material which shall be installed and maintained thereafter to designate each parking space in a clearly identifiable manner, 2. The off-street parking areas shall provide suitable maneu- vering areas so that all vehicles parking therein may exit onto any adjoining street in a forward direction at a right angle (perpendicular) to the public street; 3. Where parking spaces abut public property or private proper- ty not under the ownership or lease of the person having ownership or control over the subject parking spaces, bump- er guards, curb -line landscaping, or wheel stops not less than four inches in height shall be provided for all such abutting parking spaces in such a manner as to prevent encroachment of vehicles over property lines or damage to walls or fences; 4. In all parking facilities containing twenty-one or more stalls, • all aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to expedite traffic movement. (Ord. 1995 § 1 (part), 1992.) 18.62.200 Covered parking. Each required, covered, off-street parking space shall be in a garage or carport; within such structures shall be a minimum of ten feet in width and twenty feet in depth of unobstructed area provided for parking purposes together with an unobstructed back-up area of not less than thirty feet in length except as provided under Section 18.62.310(8)(4). The required minimum measurements may not include the exterior walls or supports of the structure, nor shall it include areas used for washers, water heaters or dryers, or stairways or steps, provided that one six-inch rise may be provided as a front -wheel stop for a car entering a stall in a forward direction. (Ord. 1995 § 1 (part), 1992.) 0 704-13 (Redding 5-92) ZONING • 18.62.210 Reserved. 18.62.220 Open—Parking spaces. The minimum width of two-way aisles shall be twenty feet unless (1) the aisle serves as principal driveway access to a parking lot which serves fifty or more spaces, and/or (2) the aisle is also used for backup, and/or (3) the driveway provides direct access to a public street. In those instances the aisle shall be not less than twenty-five feet in width. Off-street parking spaces parallel with a wall, fence, or curb shall be a minimum of twenty-two feet in length for full size cars, and twenty feet in length for small cars. Off-street parking spaces for compact cars shall be marked as such. The minimum widths of open -parking spaces, minimum widths of one-way aisles to service the same, and the minimum distances between the aisles and the opposite ends of the parking spaces which are needed for the angle at which the parking spaces are set against wall, curb, or fence, shall be as set forth in the schedule below. The figures under columns A, B, C, and D in the following schedule may • be interpolated if the parking angle does not directly correspond to those listed. The requirements are illustrated on the following draw- ings: A = Angle off-street parking space makes with wall, curb, or fence (parking angle in degrees). B = Minimum distance measured at right angles, from wall, curb, or fence to nearest edge of aisle (length of stall perpendic- ular to aisle). C = Minimum width of one-way aisle. D = Minimum width of the off-street parking space measured at angles from side boundaries of such space. (Redding 5-92) 704-14 0 • OFF-STREET PARKING AND LOADING REGULATIONS A B C D • STANDARD CAR SPACES 0 degrees 10.0 feet 12.0 feet 10.0 feet 30 degrees 17.4 feet 14.0 feet 8.5 feet 45 degrees 20.2 feet 14.0 feet 8.5 feet 60 degrees 21.6 feet 18.0 feet 8.5 feet 90 degrees 20.0 feet 25.0 feet 8.5 feet A B C D COMPACT CAR SPACES 0 degrees 9.0 feet 30 degrees 14.5 feet 45 degrees 16.5 feet 60 degrees 17.5 feet 90 degrees 16.0 feet 12.0 feet 7.5 feet 13.0 feet 7.5 feet 14.0 feet 7.5 feet 16.0 feet 7.5 feet 24.0 feet 7.5 feet is704-15 (Redding 5-92) ZONING STANDARD VEHICLE PARKING f / S I i 1 t 'w I r -- L N'�J ly. • 900 Parking T W t'. P—a W a 300 Parking A T Y i i I r I ly • 60f Parking ,�. �.. Lyra•! � I 7 1 e 1 I 1 J ly Parallel Parking rr, T � I � I 43• Porking K .. -..." M--" r-M- � 1 A!inimam Turning Radius WTE 1 - Minima !.S ft. width except revere slon"Ice structure, We. post, w I1 or fence, in which use minimum IC ft. width. =TE 2 - locations of required parrinq spaces, garage spaces, garages and carports. are also governed er Tara, the Of!iclal Plan Line, emd other regulations of this cnaoter. • is (Redding 5-92) 7(34-16 0 • OFF-STREET PARKING AND LOADING REGULATIONS COMPACT VEHICLE PARKING 4 r ' / � � _ r r � a a i I � I x I ♦ i T 1X + w a ir@�r na'�i L r� {--n,--i 900 Parking 60' Parking 43a Parking I aa' i 1 1 1 1 e ♦ 1 1 Minimum Turning Radius r--,rss' --1 1•—ti � as • wF • 30• Parking Parallel Parking mm 1 - "mime 7.6 -foot Width •:trot where alongside structure. Dol@, post. wall or fence, in which casae 9.0 -foot width. NOTE t - Locations of required parking spaces, garage spaces. garages and carports, are also governed by rare, the Official Plan Lin@, uid ether rayulacions of this Chapter. NM 3 - Cam4Ct car stalls cyst be identified by sign" or other designs U do and Bust be differentiated from standard car stalls. 0 704-17 (Redding 5-02) ZONING • A parking space may be reduced by two feet lengthwise if landscap- ing or a nonpublic sidewalk with a minimum width of six feet, separated from the paved area of the parking stall by a bumper or tire guard, is provided in the remaining two feet of the parking stall. (Ord. 1995 § 1 (part), 1992.) 18.62.230 Surfacing. Off-street parking spaces, access points, aisles, driveways, and travel ways shall be paved with chip and seal, asphalt concrete, or Portland cement concrete. All areas within the parking area that are not surfaced shall be landscaped. Parking and access ways may be developed with gravel or dirt only in conjunction with the following uses by use permit: A. Outside storage for commercial or industrial purposes: A thirty- foot -long asphalt or concrete driveway shall be provided from the paved street or back of sidewalk onto the property to prevent gravel or dirt from being carried onto the public street. Travel aisles and storage areas shall be surfaced with a dust palliative • or four -inch -thick road base to reduce particulate matter. B. Residential driveways: Wherever driveways with a length of one hundred feet or less are proposed off an improved public street for single-family houses, such driveways shall be improved for their entire length with asphalt, concrete, or a chip and seal surface. For residential driveways in excess of one hundred feet in length, the board of administrative review may, by use permit, waive the requirement for paving, except that the first thirty feet from the paved street or back of sidewalk shall be paved. (Ord. 1995 § 1 (part), 1992.) 18.62.240 Lighting. Any and all lighting facilities hereafter erected, constructed, or used for or in connection with any off-street parking spaces located in any residential district or adjacent to any residential district shall be so arranged and shielded that light will be reflected away from adjacent lands located in such residential district and so that there will be no glare which will cause unreasonable annoyance to occu- (Redding 5-92) 704-18 0 0 OFF-STREET PARKING AND LOADING REGULATIONS pants of properties in such residential district or otherwise interfere with the public health, safety, or welfare. Where such off-street parking area is used or to be used by the general public or business invitees after dark, lighting facilities capable of providing a minimum of five -tenths -foot candles of illumination at every point of the surface of the parking area shall be installed and maintained. Such lighting shall be so arranged as to reflect the light away from adjoin- ing premises and streets. (Ord. 1995 § 1 (part), 1992.) 18.62.250 Screening and landscaping. A. Fencing. All outdoor off-street parking areas hereafter construct- ed containing five or more parking spaces shall be effectively screened on all sides which adjoin any lot in a residential dis- trict. The screening required hereby shall be a masonry wall or a solid wooden fence not less than four nor more than six feet in height and of a design that is approved by the planning director or the planning commission. Said screening shall, at all • times, be maintained in good condition; shall be kept free at all times of advertising signs; and shall be set back from any abut- ting public street a distance equal to the distance which such parking area must be set back from any abutting public street. No wall shall be required where there exists a wall which com- plies with the requirements of this paragraph either on the common property line or adjacent thereto on either side of the common property line provided, however, that if such wall is thereafter removed, a replacement wall shall be required forth- with. Where a wood fence is substituted for a solid masonry wall, such fence shall be constructed so that a person cannot see through it and shall have fence posts either wood treated to resist rot and termites or of iron, steel, or masonry; and in all cases, fence posts must be set in concrete. Under no circumstances shall walls, fences, or shrubbery be placed or maintained on the property in such a manner as to interfere with visibility so as to endanger safe ingress and egress. As an alternative to a fence, an earth berm or earth berm and wall can be substituted for the required fence. • 704-19 (Redding 5-92) ZONING B. Planter. Where a parking lot abuts a two lane public street, it shall be separated therefrom by a planter not less than five feet in width to minimize the negative visual effect from access streets. Where a parking lot abuts a four or more lane public street or a street designated on the general plan as a four or more lane arterial street, it shall be separated therefrom by a planter not less than ten feet in width. If the sidewalk on the street is not adjacent to the property line, the area between the back of the sidewalk and the property line shall also be landscaped in addition to the above requirements. Landscape plans, including the type and location for street -planter areas, shall be submitted with the building plans or as part of a review process for approv- al by the planning director. Wherever a zoning district requires a greater width planter than the above minimum, the greater requirement shall prevail. Planters shall be landscaped with at least fifty percent of the area covered by vegetation with plants being at least a minimum three feet in height within eighteen months of installation, except where adjacent to a comer round- • ing, planter shall not exceed three feet in height. As an alterna- tive to plants, the following other techniques may be used: 1. Grass -covered berms not exceeding three feet in height nor two feet in height within ten feet of a drive cut or corner rounding. 2. A three -foot -high, open fence consisting of wrought iron or open weave with plants combined with fence material. 3. A two -foot -high, four -inch -thick, decorative solid masonry or concrete fence at the back of the planter with a ground cover in between the wall and the back of the sidewalk. C. Shade Trees. Shade trees shall be planted in the parking lot at a ratio of one tree for every four spaces. Trees shall be dispersed on a generally equal basis throughout the parking lot to maxi- mize the shading effect on the parking stalls. To qualify as parking lot shade trees, the trees must be within seven and one- half feet of a parking space or driveway aisle and must not be located within the public right-of-way. The planting plans shall be submitted with the building -permit application and shall (Redding 5-92) 704-20 • • OFF-STREET PARKING AND LOADING REGULATIONS illustrate how the trees are to be irrigated and protected. The minimum size of each tree to be planted shall be a fifteen gallon size. In those instances where parking is proposed underground or within a building, the tree to parking space ratio shall be 1:10. Said trees shall be planted within street frontage planters or within other landscaped areas in the development. D. Landscaping. A minimum of ten percent of the interior of all parking lots with twenty or more spaces is to be landscaped, provided that this requirement does not apply to parking lots that are underground or within buildings. A landscaping area must have a minimum dimension of four feet to be applied toward the ten percent requirement. Landscaping developed pursuant to subsections B (planter) and C (shade trees) of this section may be counted toward the ten percent requirement. Landscaping within a public right-of-way does not count toward meeting the minimum requirement. E. Irrigation. Where landscaping or shade trees are required to be is installed by this section, such landscaping is to include provi- sions for irrigation, which may be by means of hose bibs located not more than fifty feet from all areas of required landscaping, or by an automatic system. All required plantings shall be in place before establishment of a use or issuance of a certificate of occupancy, except for single-family dwellings and mobile homes. All required plantings shall be maintained in good growing condition; and in any case, where a required planting has not survived, it shall be replaced with new plant materials. F. Pavement Edge and Planter Protection. Pavement Edge and Planter Protection. Landscaped areas and pavement edges in all multiple -family, commercial, and industrial zones shall be protected from damage and deterioration by the placement of four -inch -high extruded AC curbs or equivalent materials. (Ord. 1995 § 1 (part), 1992.) 18.62.260 Drainage. Off-street parking facilities shall be designed such that drainage 0 704-21 (Redding 5-92) ZONING • is carred from structures and does not flow over public sidewalks. (Ord. 1995 § 1 (part), 1992.) 18.62.270 Curb cuts. The installation of curb cuts shall be in accordance with the following standards: A. Curb cuts or use of rolled curb for driveway purposes may not exceed fifty percent of the lot width along any street and shall be limited to a width of forty feet each, except for industrial uses where a width of fifty feet (which includes curb -return radii and driveway throat -width totals added together) may be pennitted for truck entrances. Greater widths may be permitted subject to obtaining a use pen -nit. B. Curb cuts in all zones, except single-family, shall be limited to one cut per street frontage. Additional curb cuts may be allowed by use permit where consideration of a specific use or site size or configuration indicate additional access is required, and said additional access will not unduly restrict the street capacity or • reduce traffic safety. C. In all zones, except single-family, curb cuts shall not be closer than twenty feet from the existing or projected curb return, except by use permit. In no case shall the projected curb return have a radius of less than twenty feet. In single-family areas, a curb cut shall not be closer than ten feet from the existing or projected curb return. D. Driveways for areas serving in excess of one hundred fifty parking spaces shall be protected from on-site cross traffic by berms, medians, or planters a minimum distance of forty feet behind the property line to allow stacking of cars exiting onto a public street and movement of cars off the public street. E. Whenever a change of use, construction of a new building, or redesign of a parking lot removes the need for an existing drive- way or curb cut, it is the duty of the property owner to fill in the driveway and curb -cut areas to confonn to adjacent sidewalk and curb improvements. (Redding 5-92) 70-22 • 0 OFF-STREET PARKING AND LOADING REGULATIONS • F. Whenever curb, gutter, sidewalk, or driveway are to be con- structed or removed, an encroachment permit shall be obtained from the director of public works pursuant to Section 13.16.010. (Ord. 1995 § 1 (part), 1992.) 18.62.280 Reserved. 18.62.290 Paving of alleys. Where off-street parking proposes to use public alleys for access or back-up lanes, said alleys shall be improved to the requirement of the director of public works as if it were part of the required off-street parking area. (Ord. 1995 § 1 (part), 1992.) 18.62.300 Special requirements. The following special parking requirements are applicable to all commercial and industrial land uses and certain multiple -family residential land uses. These special stalls shall be in the closest proximity to the facility for which they are designated in order to encourage their use. A. Disabled Access Parking. Parking spaces for the physically disabled shall be provided in accordance with the following provisions and as mandated by the California State Accessibility Standards and the California Multiple Family Disabled Access Regulations. Certain multiple -family developments are exempt from the requirement to provide parking for the physically disabled. These regulations are intended to supplement the above -noted standards and regulations. For determination of which multiple -family projects are exempt from these require- ments, refer to the Multiple Family Disabled Access Regulations of the state of California. 704-23 (Redding 10-94) ZONING Spaces Required. a. For commercial, industrial and publicly funded residen- tial projects, the number of spaces required to be acces- sible for persons within physical disabilities shall be proportional to the total number of parking spaces pro- vided for each type of project. The following table establishes the number of accessible spaces required: Spaces in Lot Required Number of Accessible Spaces* 1 - 25 1 26- 50 2 51 - 75 3 76 - 100 4 101 - 150 5 151 - 200 6 201 - 300 7 301 - 400 8 401 - 500 9 501 - 1000 2% of Total 1001 and over 20 plus 1 per 100 above 1000 * At least one space must be "van accessible." One van -accessible space shall be provided for each eight accessible spaces. Refer to subsection (A)(4) of this section for size requirements. When less than five spaces are provided at buildings and facilities subject to these regulations, one space shall be consistent with the requirements of subsection (A)(4) of this section. However, the space need not be reserved exclusively or identified for disabled use only. b. For privately funded multiple -family residential projects, the required number of accessible spaces shall be not (Redding 10-94) 704-24 • • • 0 OFF-STREET PARKING AND LOADING REGULATIONS less.than two percent of the total number of units being provided for. For multiple -structure projects, each build- ing must meet the two percent requirement, while not less than one reserved space per building shall be pro- vided. 2. Accessible Parking Required. Accessible parking spaces shall be located on the shortest possible accessible route of travel to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessi- ble parking spaces shall be dispersed and located near the accessible entrances. When practical, the accessible route of travel shall not cross lanes for vehicular traffic. When neces- sary, the route of travel shall be designated and marked as a crosswalk. Each lot or parking structure where parking is provided for clients, guests, employees, or residents shall provide accessible parking as provided by this section. In separate is parking structures or lots that do not serve a particular building, parking spaces for physically disabled people shall be located on the shortest possible circulation route to an accessible pedestrian entrance of the parking facility. 3. Identification of Spaces. Signage and Striping. Signage and striping shall conform to the requirements of the Califomia Multiple Family Disabled Access Regulations. 4. Parking Space Size. Where single spaces are provided, they shall be fourteen feet wide and outlined to provide a nine - foot -wide parking area and a five -foot -wide loading and unloading area on the passenger side of the vehicle. When more than one space is provided, two spaces can be provid- ed within a twenty -three -foot -wide area lined to provide a nine -foot -wide parking area on each side of a five -foot -wide loading and unloading aisle in the center. One in every eight accessible spaces, but not less than one, shall be van accessi- ble, consisting of a nine -foot -wide parking space together 0 704-25 (Redding 10-94) ZONING with an eight -foot -wide access aisle. The minimum length of each parking space shall be in accordance with Section 18.62.220, not to be less than eighteen feet. 5. Arrangement of Parking Spaces. In each parking area, a bumper or curb shall be provided and located to prevent encroachment of cars over the required width of walkways. The space shall be so located that people with physical disabilities are not compelled to wheel or walk behind parked cars other than their own. Pedestrian ways which are accessible to the physically disabled shall be provided from each such parking space to related facilities including curb cuts or ramps as needed. Ramps shall not encroach into any parking space, except that ramps located at the front of physically disabled parking spaces may encroach into the length of such spaces when the encroachment does not limit a disabled person's capability to leave or enter his vehicle, thus providing equivalent access. 6. Slope of Parking Space. Surface slopes of reserved parking spaces and access aisles for people with physical disabilities shall be the minimum possible and shall not exceed one- quarter inch per foot in any direction. B. Motorcycle. Facilities with twenty-five or more parking spaces shall provide at least one designated parking area for use by motorcycles. Developments with over one hundred spaces shall provide motorcycle parking at the rate of three percent. Areas delineated for use by motorcycles shall meet standards consisting of an area of four feet by ten feet and shall be identified as a motorcycle parking area by signs or pavement delineation. C. Bicycles. All retail and office -commercial areas shall provide adequate locking facilities for bicycle parking at any location convenient to the facility for which they are designated at a ratio of one bicycle parking stand for each ten auto spaces. Whenever possible, weatherproofing or facility covering should be used. (Ord. 2090 § 1 (Exh. A), 1994.) (Redding 10-94) 704-26 • • • • • OFF-STREET PARKING AND LOADING REGULATIONS SEE NOTE I - I I t I T_ 'Oti ..SEE NOTE I L \ T 1 I I I —?96' 90' PARKING 60' PARKING 45' PARKING SEE 4OrE t T' I I t I I I I 1 S' MIN. INSIDE rURNING PAOIUS SO' M;N. OU rS10E -LANINo 4AOIUS SD' PARKING PARALLEL PARKING MIN. TURNING RADIUS NOTE 1: MINIMUM 8.5 -COOT WIDTH _XCEPT WHERE ALONG SIDE STRUCTURE. POLE. POST, WALL. OR TE4CE. 'N wH•CH CASE MINIMUM 10–COOT WIDTH. NOTE LOCATIONS OF QEOjIREO PARKING SPACES. GARAGE SPACES. GARAGES AND CARPORTS ARE ALSO GOVERNED 8T .ARO. 'HE OFFICIAL PLAN LINE. AND OTHER REOULA ri ONS OF "HIS CHAPTER. 704-26a (Redding 10-94) ZONING SLE NOTE I I I SPA' -1 � I • 5' 16'� SEE NOTE I 1 c I T 86 I--16- 33. 6 6'7D.6--� 16'-,v SEE NOTE I L I � � I r I 106- � 14- 16 6 4'16.6 -j I 70.6' 90' PARKING 60' PARKING AS' PARKING SFF NOTF I /SEE NOIE I � I 9' I I IS' WIN. INSIDE I I 7U14MING RADIUS YIN. OUISIOL 14 h' i i � w -U RNIHG RADIUS 30' PARKING PARALLEL PARKING WIN. TURNING RADIUS NOTE 1: WIN IWUW 7.5' -FOOT WIDTH EXCEPT WHERE ALONG SIDE STRUCTURE. POLE. POST. WALL. OR FENCE. IN WHICH CASE MINIMUM 9' -FOOT WIDTH. NOTE 2: LOCATIONS OF REQUIRED PARKING SPACES. GARAGESPACES. GARAGES AND CARPORTS ARE ALSO GOVERNED BY YARD. THE OFFICIAL PLAN LINE. AND OTHER REGULATIONS OF THIS CHAPTER. NOTE 3: COMPACT CAR STALLS MUST BE IDENTIFIED BY SIGNAGE OR OTHER DESIGNATION AND MUST BE DIFFERENTIATED FROM STANDARD CAR STALLS. (Redding 10-94) 704-26b • • • 0 OFF-STREET PARKING AND LOADING REGULATIONS • 18.62.310 Driveway grades/widths. A. Grades. No driveway or portion thereof shall have a slope exceeding fifteen percent, except that within a public right-of-way the grade shall not exceed eight percent. The slope shall be measured at the centerline of the driveway. The follow- ing formulas illustrate how to calculate the remaining driveway grade from either the back of the curb or the property line to the front of the garage: 1. Formula to calculate from property line to garage door based on known elevation change from top of curb to finished floor of the garage: e -.09-.44=d .15 2. Formula to calculate maximum allowed elevation change from top of curb to finished floor of garage based on known distance from property line to garage door: e = .09 + .44 + .15d Where: e = elevation change d = distance from property line to garage as measured along the centerline of the driveway .09 = maximum elevation gain across sidewalk, assum- ing a 4.5 -foot -wide sidewalk .44 = maximum elevation change between sidewalk and property line based on 5.5 -foot distance and 8 percent grade. 3. The following illustrates the maximum change in elevation between the property line and the front of the garage for typical front -yard setbacks: 704-26c (Redding 10-94) ZONING Distance from Property Line to Garage 20 25 30 35 40 45 50 Difference in Grade from Back of Curb to Finished Floor of Garage 3.53 feet 4.28 feet 5.03 feet 5.78 feet 6.53 feet 7.28 feet 8.53 feet B. Widths. 1. Driveways, excluding areas used for back-up aisles, shall be provided as follows: a. Where six or fewer parking spaces are required for resi- dential parking areas and the dwelling(s) are located within one hundred feet of a public street, the minimum driveway width shall be twelve feet except as noted in subsection C of this section. b. Where parking spaces are required for residential park- ing areas and the dwelling(s) are located at a greater distance than one hundred feet from a public street, the minimum driveway width shall be twenty feet (sixteen feet of paving and two -foot -wide graveled shoulders), (Redding 10-94) 704-26d • C. SOFF-STREET PARKING AND LOADING REGULATIONS or as approved by the fire marshal. A turnaround area for emergency -response vehicles shall be provided and shall be designed in accordance with the specification of the fire marshal. c. In single-family residential districts, driveways which provide access to covered parking located at the rear of a main structure shall have a minimum width of ten feet. 2. All other driveways shall have a minimum width of twelve feet for one-way traffic and twenty feet for two-way traffic except in those instances where a greater width is required by Section 18.62.220. One-way driveways shall be clearly delineated. Additional driveway width may be required to provide for transition to a wider drive opening at the street right-of-way line, or to accommodate turn lanes, or to ac- commodate the projected traffic volume, or to otherwise provide safe and convenient accessibility to parking spaces. 3. Driveways providing access to open parking areas taking is access from one or both sides shall be a minimum of twenty-five feet in width. Driveways providing access to all garage and -carport spaces on one or both sides at an angle in excess of sixty degrees shall be thirty feet in width. 4. Driveways providing access to carport spaces on one or both sides at an angle in excess of sixty degrees shall be thirty feet in width, provided however, that if the structural sup- ports for the carport are setback a minimum of five feet from the back of the space (i.e. cantilever design) the drive- way width may be reduced to twenty-five feet. (Ord. 1995 § I (part), 1992.) 18.62.320 Setback from streets and alleys. Where a garage or carport is directly accessible from a public street, it shall have a minimum setback of twenty feet. Where a garage or carport is directly accessible from an alley, it shall have a minimum setback of five feet. Notwithstanding any requirements of this code, in cases where the elevation of the lot at a point twenty feet, as measured from the back of curb along the entire frontage of 0 704-27 (Redding 5-92) ZONING • the lot, is seven feet above or below the level of the curb, a private garage for a single-family residence may be built (attached or detached) to within ten feet of the front property line of the lot, provided that a use permit shall be obtained in each case and that a third open parking space is provided adjacent to the covered parking. (Ord. 1995 § 1 (part), 1992.) 18.62.330 Accessible parking. All required, covered, off-street parking spaces shall be located conveniently accessible to the dwelling unit served by such parking space. (Ord. 1995 § 1 (part), 1992.) 18.62.340 Tandem parking. Tandem parking or parking where a car or cars have to be moved in order to allow a car to back from a parking space, counts only as one parking space. To meet off-street parking requirements for more than one space, each car must be able to enter and exit a parking space independent of the movement of any other vehicle. • (Ord. 1995 § 1 (part), 1992.) 18.62.350 Parking area directional signs. Parking -area signs, each not to exceed two square feet in area, and directional instructions lettered on the paved surface of drive- ways and parking areas, are permitted for parking facilities serving industrial, commercial, or professional areas; public or community facilities; and five or more residential dwelling units. Such parking sign may contain the name of the owner or occupant of the property and only such words and symbols that are directly related or essen- tial to parking or the direction of vehicular traffic within the parking area and access driveways. (Ord. 1995 § I (part), 1992.) 18.62.360 Drop-off points. Drop-off Points Required. When located outside the "C-4" dis- trict, parking areas for public assembly or institutional facilities listed in this section are to include a designated on-site location for drop- ping off passengers at an entrance to the facility in advance of (Redding 5-92) 704-28 0 • OFF-STREET PARKING AND LOADING REGULATIONS parking the vehicle. Drop-off areas are to consist of vehicle turnout lanes located outside of normal travel lanes. Drop-off points are to be provided for hotels and motels, schools with fifty or more stu- dents, churches with a capacity of one hundred or more, public transportation terminals, places of public assembly, and public buildings. (Ord. 1995 § 1 (part), 1992.) 18.62.370 Slope. The finished grade of a parking lot shall not exceed five percent on an angle of the parked car which would allow the car to roll from the parked position. (Ord. 1995 § 1 (part), 1992.) 18.62.380 Vertical clearance. Except for residential uses, covered parking is to have a vertical clearance of at least seven feet, six inches above the finished parking lot surface. Where a building or sign extends over a parking area, the minimum clearance shall be ten feet for auto and fifteen feet for • trucks. (Ord. 1995 § 1 (part), 1992.) 18.62.390 Parking structures. The exterior elevations of parking structures shall be designed to minimize the use of blank concrete facades. Textured concrete, pilasters, planters or trellises, or other architectural treatments shall be provided to accomplish this requirement. Perimeter landscaping shall conform to Section 18.62.250B of this chapter. Additionally, irrigated, city -approved street trees shall be planted on thirty-foot centers in the required perimeter landscaping. Architectural and landscaping plans shall be subject to the approval of the planning director. (Ord. 1995 § 1 (part), 1992.) Part 3. Off -Street Loading Spaces 18.62.400 Off-street loading spaces required. No building or part thereof having a floor area of ten thousand square feet or more, which is to be occupied by a manufacturing plant, storage facility, warehouse facility, goods display facility, retail 0 704-29 (Redding 5-92) ZONING store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning establishment, or other use or uses similarly requiring the receipt or distribution by vehicles or trucks of material or merchan- dise, shall be constructed, erected, or moved within or onto any lot or parcel of land in any district for any use or purpose, unless at the time such building or part thereof is constructed, erected, or moved within or onto such lot or parcel, there is provided on the same lot or parcel of land, on which such building is constructed, erected, or moved, at least one off-street loading space, plus one additional such loading space for each twenty thousand square feet of floor area. Such off-street loading space shall be maintained during the exis- tence of the building or use they are required to serve. (Ord. 1995 § I (part), 1992.) 18.62.410 Size of off-street loading space. Each off-street loading space required by this chapter shall be not less than twelve feet wide, thirty feet long, and fifteen feet high, exclusive of driveways for ingress and egress and maneuvering areas. • (Ord. 1995 § 1 (part), 1992.) 18.62.420 Driveways for ingress and egress and maneuvering areas. Each off-street loading space required by this chapter shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for off-street parking spaces. (Ord. 1995 § 1 (part), 1992.) 18.62.430 Location. No off-street loading space required by this chapter shall be closer than fifty feet to any lot or parcel of land in a residential district unless such off-street loading space is wholly within a completely enclosed building or unless enclosed on all sides by a wall not less than eight feet in height. (Ord. 1995 § 1 (part), 1992.) (Redding 5-92) 704-30 0 SSURFACE MINING AND RECLAMATION Chapter 18.63 SURFACE MINING AND RECLAMATION Sections: 18.63.010 Purpose and intent. 18.63.020 Definitions. 18.63.030 Incorporation of SMARA and state regulations. 18.63.040 Scope. 18.63.050 Filing and fees. 18.63.053 Performance requirements. 18.63.057 Effect of annexation. 18.63.060 Review procedure. 18.63.070 Financial assurances. 18.63.080 Public records. 18.63.090 Annual review. 18.63.100 Idling of surface mining operations. 18.63.110 Amendments. 18.63.120 Variance. 18.63.130 Enforcement. 18.63.140 Appeal. 18.63.150 Separability. 18.63.010 Purpose and intent. The purpose of this chapter is to comply with the provisions of the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code. The city council finds and declares that the extraction of miner- als is essential to the continued economic well-being of the city and to the needs of the society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environ- ment, including fisheries and riparian habitat, and to protect the public health and safety. 0 704-30a (Redding 1-93) ZONING • The city council further finds that the reclamation of mined lands, as provided in this chapter, will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. The city council further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly. (Ord. 2014 § 1 (part), 1992.) 18.63.020 Definitions. For the purpose of this chapter the words set out in this section shall have the following meanings: "Expansion" means increases in the intensity of mining of on-site processing operations which have an adverse impact on environmen- tal issues such as noise, dust creation, traffic flow, or water quality or any expansion to the boundaries of the area to be mined. "Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical, or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present. "Idle" means to curtail for a period of one year or more surface mining operations by more than ninety percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. "Mined lands" includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, and land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located. (Redding 1-93) 704-30b 0 SURFACE MINING AND RECLAMATION "Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum. "Mining waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations. "Operator" means any person who is engaged in surface mining operations himself or who contracts with others to conduct opera- tions on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensa- tion. "Overburden" means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal, by surface mining operations. • "Permit" means a use permit obtained from the city, the absence of which would preclude surface mining operations. "Person" means any individual, firm, association, corporation, organization, or partnership; any city, county, district, or the state; or any department or agency thereof. "Reclamation" means the process of land treatment that minimiz- es water degradation, air pollution, damage to aquatic and wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for altemate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabili- zation, or other measures. "State Board" means the State Mining and Geology Board, in the Department of Conservation, state of California. • 704-30c (Redding I1-92) ZONING • "State Geologist" means the individual holding office as struc- tured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code. "Surface mining operations" means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open -pit mining of minerals naturally exposed, mining by auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: 1. In-place distillation, retortion, or leaching; 2. The production and disposal of mining waste; 3. Prospecting and exploratory activities. (Ord. 2014 § 1 (part), 1992.) 18.63.030 Incorporation of SMARA and state regulations. The provisions of the California Surface Mining and Reclamation • Act of 1975 (P.R.C. Sec. 2710 et seq.), P.R.C. Section 2207, and the California Code of Regulations implementing the Act (14 Cal. Admin., Sec. 3500 et seq.), as either may be amended from time to time, are made a part of this chapter by reference, with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive that state provisions, this chapter shall prevail. (Ord. 2014 § 1 (part), 1992.) 18.63.040 Scope. The following activities are exempt from the provisions of this chapter. A. Excavations or grading conducted for farming, on-site building construction with a valid building permit or for the purpose of restoring land following a flood or natural disaster. (Redding 11-92) 704-30d IN • • SURFACE MINING AND RECLAMATION B. Prospecting and exploration for minerals of commercial value where less than one thousand cubic yards of overburden is removed in any one location of one acre or less, provided that a use permit and grading permit from the city and streambed alteration permit (Section 1600 et al. permit) from the State Department of Fish and Game have been obtained for such prospecting and exploration activities. C. Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic yards of minerals, ores, and overburden, or involve more than one acre in any one location, provided that a use permit from the city and streambed-alteration permit (Section 1600 et al. permit) from the State Department of Fish and Game have been obtained for such surface mining operations. D. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. • E. Such other mining operations that the city determines to be of an infrequent nature, which involve only minor surface distur- bances and are categorically identified by the State Board pursu- ant to Sections 2714(d) and 2758(c) of the California Surface Mining and Reclamation Act of 1975. F. Grading activities permitted by a lawful grading permit issued by the city that are not intended for mineral recovery. (Ord. 2014 § 1 (part), 1992.) 0 18.63.050 Filing and fees. A. Any person, unless exempted by provisions of this chapter, who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations, obtain: (1) a use penuit to mine from the city; (2) approval of a reclamation plan; and (3) approval of financial assurances for reclamation, in accordance with the provisions set forth in this chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975. 704-30e (Redding 11-92) ZONING B. No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person may be deemed to have such vested rights if, prior to January 1, 1976, the person has: 1. Obtained any required permit or other authorization to do surface mining; 2. Commenced surface operations and incurred substantial expenses for work and necessary materials. Expenses in- curred in obtaining the enactment of an ordinance in relation to a particular operation, incurred in obtaining a permit, or incurred in the acquisition of property or easements shall not be deemed liabilities for work or materials. C. No person who has a surface mining operation meeting the definition of a "nonconforming use" under Chapter 18.58 of the Redding Municipal Code shall be required to obtain a use permit • under the provisions of this chapter, unless the nonconforming use is changed or expanded. D. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, or who meets the definition of a nonconforming use of the Redding Municipal Code, shall submit to the city planning department and receive, within a period of three months, approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city or Shasta County prior to January 1, 1976; and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accor- dance with that plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclama- tion of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976. (Redding 11-92) 704-30f • SURFACE MINING AND RECLAMATION E. Use permits for surface mining activities shall be applied for under the terms of Chapter 18.70 of the Redding Municipal Code. Such applications are also subject to review under the terms of the California Environmental Quality Act and are subject to the city development and floodplain regulations, and applicable state regulations relating to fisheries, wildlife, and air quality. F. A fee as established in the city fee ordinance shall be paid to the city at the time of filing of the use permit and reclamation plan applications. The use permit fee shall be the same as that for other industrial use permits. The reclamation plan fee, estab- lished by resolution of the city council, shall be charged in addition to the use permit fee for projects requiring a use permit as shall any environmental review fees. G. All applications for a reclamation plan for surface mining operations shall be made on forms provided by the office of the city planning department. H. All applications shall demonstrate conformity with the city General Plan. Use permits for surface mining may only be issued in areas designated on the city General Plan as General Industry or Extractive Industry. I. The use permit application for surface mining and reclamation shall consist of and contain the following information: 1. One reproducible sepia, mylar, or other reproducible site plan submitted on a map eighteen inches by twenty-six inches in size and drawn to scale of no smaller than one inch equals eight hundred feet. The site plan shall show the following information: a. Date, north point, and scale, b. Sufficient legal description of the land to define the boundaries of the site, c. A key map indicating the location of the site in relation to the surrounding area, 0 704-30g (Redding 1-93) ZONING • d. The existing topography of the land proposed to be mined using contour intervals of not more than five feet and of not less than two feet where the grade of the land is less than five percent. Contours of adjacent land shall also be shown whenever the surface features of the land affect the design of the surface mine. The contour plan shall be an accurate and current representation of the topography, e. The location of all streams, roads, trees, wetland areas, railroads, and utility facilities within, or adjacent to, such lands, and the location of all proposed access roads to be constructed in conducting the mining operation, f. The location of the one -hundred -year floodplain bound- ary of any stream if it is on or within five hundred feet of the site, g. The proposed location of all mining equipment, sorters, crushers, storage piles, haul roads, access routes to public streets, office buildings, sheds, fire -suppression equipment, water sources, settling ponds, etc., . h. A plan showing how any stream channel would be utilized and how equipment would be protected in the event of a one -hundred -year flood; 2. One reproducible sepia, mylar, or other reproducible recla- mation plan submitted on a map eighteen inches by twenty- six inches in size and drawn to a scale of no smaller than one inch equals eight hundred feet. The reclamation plan shall show the following information: a. Date, north point, and scale, b. Sufficient legal description of the land to define the boundaries of the site, c. A key map indicating the location of the site in relation to the surrounding area, d. The proposed topography of the land when the mining activity ceases using contour intervals of not more than five feet and of not less than two feet where the grade of the land is less than five percent. If the proposed reclamation plan includes the use of lakes, the contour map shall show the proposed lake bed, • (Redding 1-93) 704-30h • SURFACE MINING AND RECLAMATION e. All areas of proposed uncompacted fill, f. All areas of proposed compacted fill, g. The proposed reclamation plan use with theoretical de- velopment of the area in a manner consistent with the reclamation plan. Representative structures, parking areas, landscaping, and other land -use characteristics shall be shown, h. A phasing plan showing the approximate areas to be mined and reclaimed on an annual basis; 3. Current aerial photos at a scale of one inch equals one hundred feet. The aerial photos shall clearly show all areas to be disturbed by the mining operation. Any areas on the property outside the marked disturbance area shall be undis- turbed when the mining operation is complete; 4. Written descriptions of the following: a. The environmental setting of the site of operations and the effect that possible alternate reclaimed site condi- tions may have upon the existing and future uses of surrounding lands, b. Effects of the project on public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site, c. The anticipated quantity and type of minerals for which the surface mining operation is to be conducted. (This portion is to be prepared by a registered geologist), d. The proposed dates for the initiation and termination of such operation, e. The maximum anticipated depth of the surface mining operation, f. A description of the general geology of the area and a detailed description of the geology of the area in which surface mining is to be conducted. This may be present- ed in map form, g. The names and addresses of the owners of all surface and mineral interests of the affected lands, 0 704-301 (Redding 1-93) ZONING • h. A description of the manner in which reclamation, adequate for the proposed use or potential uses will be accomplished, including: L A description of the manner in which contaminants will be controlled and mining waste will be dis- posed, ii. A description of the manner in which rehabilitation of affected streambed channels and streambanks to a condition minimizing erosion and sedimentation will occur, L An assessment of the effect of implementation of the reclamation plan on future mining in the area; j. A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accor- dance with the reclamation plan; 5. A title report for all parcels involved current within sixty days of the application date; 6. The reclamation plan shall address and shall establish com- • pliance criteria for the areas of environmental concern listed in Section 2773(b) of the Surface Mining and Reclamation Act of 1975 and any other areas of concern adopted by the State Board pursuant to that section. These compliance crite- ria shall be at least as stringent as standards established by the State Board and shall be in accordance with generally accepted engineering practices. (Ord. 2014 § 1 (part), 1992.) 18.63.053 Performance requirements. As a product of the nature of a surface mining operation, there is the potential for the creation of dust, noise, glare, vibration, and turbidity, impacts from the use of heavy trucks, impacts on residen- tial areas due to extended hours of operation during the construction season, and the creation of land -use compatibility problems. In addition, related operations such as asphalt plants can create odors. (Redding 1-93) 704-30) 0 • SURFACE MINING AND RECLAMATION In order to mitigate these potential impacts, any use permit for a new or expanded surface mining operation shall contain the follow- ing requirements: A. Setback. Setback from areas designated on the city or Shasta County General Plan as residential shall be sufficient to protect the residential areas from any impacts from the environmental factors listed in this section. The applicant shall be responsible for: 1. Studies to determine the appropriate setback; 2. A mitigation monitoring program to ensure that the setback achieves the goal of eliminating the identified impacts. B. Dust. All activities at the site of a surface mine shall be conduct- ed in a manner to control fugitive dust emissions through the use of dust palliative agents or the use of water to mitigate off-site impacts. The applicant shall fund a monitoring program to ensure that dust mitigations are eliminating off-site impacts and shall obtain all necessary permits from the air quality district. C. Odor and Noxious Pollution. No person shall discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such person or the public, or which cause, or have the natural tenden- cy to cause, injury or damage to business or property. The applicant shall fund a complaint -responsive, monitoring program to ensure that odor mitigations are eliminating off-site impacts. D. Noise. Noise from a surface mining operation shall not exceed the levels specified in Table 1 of the Noise Element of the Redding General Plan. The industrial noise complaints section of the Noise Element of the Redding General Plan shall apply to surface mining operations so long as the operation is not expanded. The applicant shall fund a complaint -responsive, monitoring program to ensure that noise is not exceeding permit- ted levels. 0 704-30k (Redding 1-93) ZONING • E. Glare. Glare from night lighting shall not be visible on any public street or in any area shown as residential on the Redding General Plan. Should a verifiable complaint of glare be received, the night lighting must be reoriented or shielded to prevent the glare; or night operations must cease. F. Vibration. Vibration transmitted through the air and the ground shall be undetectable at the boundaries of the property containing the surface mining operation. Should a verifiable complaint of vibration beyond the property boundaries be received, the opera- tion causing the vibration shall cease. G. Blasting. Blasting shall require a use permit or an amendment to an existing use permit. H. Water Quality. As part of obtaining a surface mining use permit from the city, the applicant shall obtain all necessary permits from the Regional Water Quality Control Board (RWQCB). All surface mining use permit applications will be forwarded to the RWQCB for review of compliance with national pollution discharge elimination standards and the state's waste discharge requirements. The applicant will also be required to comply with the State Department of Fish'and Game criteria to protect fisher- ies and wildlife in streams adjacent to or flowing through the project site. I. Floodplains. Gravel and sand -extraction operations may be permitted within a flood fringe provided that such uses comply with all provisions of Chapter 18.47 of the Redding Municipal Code, and providing that necessary permits have been obtained from the State Department of Fish and Game and the Army Corps of Engineers (including a streambed alteration permit, Section 1600 et al.), provided such operations will not broaden the floodplain off site nor direct flood flows out of the natural floodplain. J. Paved Access. In order to prevent the spread of dirt and other materials to public streets, the applicant shall provide a strip of paving at least seventy-five feet long prior to entering the public street at all access points to the property. Should the seventy-five feet of paving prove inadequate to prevent the spread of materi- als onto public streets, the paving shall be extended or a truck - washing program instituted. • (Redding I-93) 704-301 • SURFACE MINING AND RECLAMATION K. Street Structural Section and Access. The applicant will be required to make any necessary off-site street improvements to ensure that public streets providing access to the operation shall have adequate structural section and design characteristics for the projected vehicle trips created by the mining operation. Addition- ally, alternative access routes may be required to be constructed if existing access routes pass through residential areas, by schools, or in some other way pass through areas inappropriate for frequent heavy commercial traffic. Required improvements may include, but are not limited to, traffic studies, studies of existing street structural sections, reconstructing public streets, construction of new public streets, and installation of traffic control devices. L. Screening. The entire surface mining area shall be screened from public view in all directions with a solid six-foot fence, solid vegetative hedge, or equivalent method approved by the planning commission. Screening is not required from adjacent parcels if they are both designated as industrial or heavy commercial type development on the city or Shasta County General Plan and developed with an industrial or heavy commercial use. Screening shall be consistently maintained such that the screening does not itself become a visual blight. Additionally, standards contained in Chapter 16.40 of the Redding Municipal Code relating to clearing, grading, fills, and excavation may be as applicable to restore and stabilize surface areas. (Ord. 2014 § 1 (part), 1992.) 18.63.057 Effect of annexation. Surface mining operations that annex to the city that are either legal, nonconforming uses or permitted uses by the county at the time of annexation may continue to operate provided there is not any expansion of the use and provided that the county use permit clearly defines the physical limits of the operation and that the county reclamation plan met the requirements of the county's SMARA ordinance at the time the permit was issued. Expansion would re - 0 704-30m (Redding 1-93) ZONING • quire a use permit issued under the terms of this Chapter. If the annexed surface mining operation does not have an approved recla- mation plan by the county prior to annexation, then within three months of notice by the city, the operator or owner shall submit a reclamation plan to the city for approval pursuant to this chapter. Failure to submit a plan shall be grounds for revocation of the existing permit or termination of the use by the city. Where a surface mining operation annexes to the city that has an approved reclamation plan by the county, the approved plan shall be honored by the city as long as the surface mining operation is not expanded. At the time of expansion of a use, the reclamation plan shall be amended and submitted to the city for approval pursuant to this chapter. Financial assurances must be reviewed annually for adequacy, thus preannexation financial assurances may require modification to meet the standards of this chapter. (Ord. 2014 § 1 (part), 1992.) 18.63.060 Review procedure. Upon submission of an application for a permit to mine, approv- al of a reclamation plan, or approval of financial assurances, the following review periods shall apply: A. Whenever surface mining operations are proposed in the one - hundred -year floodplain for any stream, as shown in Zone A of Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or down- stream, of any state highway bridge, the city must notify the State Department of Transportation of such application. The city must wait for response from the State Department of Transportation, but not more than forty-five days, prior to sched- uling the public hearing for the permit. Additionally, such applications shall be reviewed under the terms of Chapter 18.47 of the Redding Municipal Code relating to floodplains. (Redding 1-93) 704-30n • • SURFACE MINING AND RECLAMATION B. All reclamation plans and financial assurances and amendments to such plans and financial assurances shall be submitted to the State Geologist for review. The city must wait for comments from the State Geologist and provide a written response describ- ing the disposition of the major issues raised. Comments re- ceived and responses prepared by the city shall be forwarded to the applicant for review. If the State Geologist has not responded within forty-five days of notification, the plans and assurances may be scheduled for public hearing. C. The city shall notify the State Geologist of the filing of an application for a permit to conduct surface mining operations within thirty days of such an application being filed with the city. D. The city shall notify the State Department of Fish and Game, the Regional Air Quality Control Board, and the Regional Water Quality Board of the request to conduct surface mining opera- tions. • E. The city shall notify the Bureau of Land Management of any application to mine on lands within the jurisdiction of the bu- reau. The city shall not proceed with review of such application until appropriate application has been made to the bureau. Following completion of the required notification and com- ment period, the planning department shall review the permit application and the reclamation plan in accordance with the use pen -nit procedures of Chapter 18.70 of the Redding Municipal Code, except that: 1. A public hearing shall be mandatory for use permit applica- tions that involve a reclamation plan. 2. Notification shall be by public notice and by mailing to all persons owning property within a distance of not less than one thousand feet from the exterior boundaries of the pro- ject. (Ord. 2014 § 1 (part), 1992.) 0 704-300 (Redding I-93) ZONING • 18.63.070 Financial assurances. Upon a finding by the city that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determina- tion by the planning department of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, irrevo- cable letter of credit, trust fund, or other form of financial assurance adopted by the State Board conditioned upon the faithful perfor- mance of the reclamation plan shall be filed with the planning department. Such surety shall be executed in favor of the city and the State Geologist and reviewed and revised annually as necessary. Such surety shall be maintained in an amount equal to the cost of a third party completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding one-year period, or other reasonable term. The revised surety shall account for new lands disturbed by surface mining operations, inflation (based on the latest rate established by the Engineering News Record), and reclamation accomplished in accor- dance with the reclamation plan. • If a mining operation is sold or ownership is transferred to another person, the existing financial assurance shall remain in force and shall not be released by the lead agency until new financial assurance are secured from the new owner and have been approved by the lead agency in accordance with Section 2770 of the California Surface Mining and Reclamation Act of 1975. (Ord. 2014 § 1 (part), 1992.) 18.63.080 Public records. Reclamation plans, reports, applications, and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the city that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The city shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted pursuant to this chapter, (Redding 1-93) 704-30p 0 SURFACE MINING AND RECLAMATION including proprietary information, shall be furnished to the district geologist of the State Division of Mines and Geology by the city. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778, California Surface Mining and Reclamation Act of 1975. (Ord. 2014 § 1 (part), 1992.) 18.63.090 Annual review. Within six months of receipt of a surface mining operation's annual report to the State Board submitted pursuant to Section 2207, California Surface Mining and Reclamation Act of 1975, the city shall cause an inspection of the surface mining operation. The inspection shall be conducted by a state -registered geologist, state - registered civil engineer, state -licensed landscape architect, or state - registered forester who is experienced in land reclamation and has • not been employed by the mining operation in any capacity during the previous twelve months. The reasonable cost of the inspection shall be the sole responsibility of the operator. The inspection shall be conducted using a form approved by the State Board. The inspec- tor shall prepare a report showing: A. Verification that the areas of the mine designated as "reclaimed" have been reclaimed to the standards of the approved reclama- tion plan; B. Calculations showing the adequacy of the existing performance bond; C. Verification that the mine is in compliance with remaining conditions of the use permit and reclamation plan. The inspection report cannot be submitted to the State Board until the performance bond has been shown to conform to the amount determined by the city to be adequate. Performance bonds exceeding the amount determined by the city to be adequate may be revised to that amount. (Ord. 2014 § 1 (part), 1992.) 0 704-30q (Redding 11-92) ZONING • 18.63.100 Idling of surface mining operations. A. Within ninety days of a surface mining operation's becoming idle, as defined in this chapter, the operator shall submit to the lead agency for review and approval, an interim management plan. The review and approval of an interim management plan shall not be considered a project within the meaning of Division 13 (commencing with Section 21000). The approved manage- ment plan shall be considered an amendment to the surface mining operation's approved reclamation plan, for purposes of this chapter. The interim management plan shall provide meas- ures the operator will implement to maintain the site in compliance with this chapter, including, but not limited to, all permit conditions. The interim management plan may remain in effect for a period not to exceed five years, at which time the city shall do one of the following: 1. Renew the interim management plan for another period not to exceed five years if the lead agency finds that the surface • mining operator has complied fully with the interim manage- ment plan; 2. Require the surface mining operator to commence reclania- tion in accordance with its approved reclamation plan. B. Financial assurances required by this chapter shall remain in effect during the period the surface mining operation is idle. If the surface mining operation is still idle after expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclama- tion plan. C. The review, approval, and appeal process for interim manage- ment plans shall be as described in Section 2770(h), California Surface Mining and Reclamation Act of 1975. (Ord. 2014 § 1 (part), 1992.) (Redding II -92) 704-30r • • SURFACE MINING AND RECLAMATION 18.63.110 Amendments. A. Amendments to an approved surface mining or reclamation plan may be submitted to the city at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the city. B. Amendments to an approved surface mining reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan. (Ord. 2014 § 1 (part), 1992.) 18.63.120 Variance. Variances from this chapter may be allowed upon request of the operator and applicant, if they are not one and the same, and upon a finding by the planning commission that each requested variance is necessary to achieve the prescribed or higher postmining use of ® the reclaimed land. (Ord. 2014 § 1 (part), 1992.) 18.63.130 Enforcement. The provisions of this chapter shall be enforced by any autho- rized member of the planning department of the city or such other persons as may be designated by the city council. (Ord. 2014 § 1 (part), 1992.) 18.63.140 Appeal. Any person aggrieved by an act or determination of the planning department administrator in the exercise of the authority granted herein shall have the right to appeal to the planning commission and the city council as the case may be. Any appeal must be filed, in writing within ten days after the rendition of the decision. (Ord. 2014 § 1 (part), 1992.) 0 704-30s (Redding II -92) ZONING • 18.63.150 Separability. If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter. (Ord. 2014 § 1 (part), 1992.) • (Redding 11-92) 704-30t 0 • ENVIRONMENTAL REVIEW Chapter 18.64 ENVIRONMENTAL REVIEW Sections: 18.64.010 Purpose and intent. 18.64.020 Incorporation of State CEQA Guidelines. 18.64.030 Definitions. 18.64.040 Application completeness—Time limits. 18.64.050 Projects exempt from State CEQA Guidelines. 18.64.060 Environmental determination. 18.64.070 Negative declarations. 18.64.080 Environmental impact report (EIR) preparation. 18.64.090 Contents of EIR. 18.64.100 Review of draft EIR. 18.64.110 Final EIR. 18.64.120 Mitigation monitoring and reporting. 18.64.130 • Appeals of environmental determinations. 18.64.140 Fees and bonds. 18.64.010 Purpose and intent. The purpose of this chapter is to provide the city, project appli- cants and the public with the procedures to be used in administering the city's responsibilities under the California Environmental Quality Act (CEQA), codified as Public Resources Code Section 21000, et seq. as amended. The procedures are intended to protect both local and regional natural resources in a manner that is consistent with the goals and policies of the Redding general plan. (Ord. 2044 § 1 (part), 1993.) • 705 (Redding 10-95) ZONING • 18.64.020 Incorporation of State CEQA Guidelines. The full text of the State CEQA Guidelines, as amended, is incorporated by reference into this chapter as if fully set out herein, and shall supersede any inconsistent provisions of these city environmental review procedures. These environmental review procedures supplement the State CEQA Guidelines adopted as 14 California Code of Regulations, Title 14, Section 15000, et seq. In the event there is a conflict between the Public Resources Code and the CEQA Guidelines, the Public Resources Code shall govern. (Ord. 2044 § 1 (part), 1993.) 18.64.030 Definitions. A. Specifically incorporated herein are the definition sections of the Public Resources Code (Sections 21060 through 21069) and of the State CEQA Guidelines contained in Sections 15350 through 15387. B. The list of defined terms in Chapter 18.04 of the city's zoning • code under Title 18 of this code is expanded by reference to include the definitions contained in the Public Resources Code and the State CEQA Guidelines. (Ord. 2044 § 1 (part), 1993.) 18.64.040 Application completeness—Time limits. A. The department of planning and community development shall determine whether an application for a permit or other entitle- ment for use is complete within thirty calendar days from the receipt of the application. If no written determination of the completeness of the application is made within that period, the application shall be deemed complete on the thirty-first day. B. When reviewing the application for completeness, the department of planning and community development shall identify environ- mental issues that might require preparation of a negative (Redding 10-95) 706 0 • ENVIRONMENTAL REVIEW declaration or an EIR or may require additional information or explanation by the applicant. An application for a project shall not be accepted as complete by the department of planning and community development until all of the additional information necessary for environmental review has been submitted. C. Accepting an application as complete does not limit the authority of the city to require the applicant to submit additional informa- tion needed for environmental evaluation of the project. (Ord. 2044 § 1 (part), 1993.) 18.64.050 Projects exempt from State CEQA Guidelines. A. Ministerial Projects. Projects which are determined to be minis- terial, as defined in Section 15268 of the State CEQA Guide- lines, are exempt from CEQA. The activities which are deter- mined to be ministerial projects by the city are adopted by resolution of the city council. e B. Statutory and Categorical Exemptions. Statutory exemptions deal with projects for which exemptions from CEQA have been granted by the State Legislature as described in Article 18 of the State CEQA Guidelines. Categorical Exemptions deal with projects which have been determined to have no potential for significant effect on the environment as described in Article 19 of the State CEQA Guidelines. In addition to those activities listed in Article 19, the following is a list of specific activities which fall within the categorical exemption classes and are considered exempt by the city. This list should not be construed as inclusive and is subject to interpretation by the director of planning and community development, the planning commission, or the city council. 1. Existing Facilities (Section 15301 of CEQA): a. Administrative use permits as outlined under Chapter 18.51 of this code; b. Home occupation permits as outlined under Chapter 18.49 of this code; is707 (Redding 10-95) ZONING • c. Zoning exceptions; d. Animal permits. 2. New construction or conversion of small structures (Sections 15302 and 15303 of CEQA): a. Administrative use permits as outlined under Chapter 18.51 of this code; b. Administrative sign permits. 3. Minor Alterations to Land (Section 15304 of CEQA): a. Grading and clearing permits as exempted under Section 16.40.080 of this code; b. Administrative parcel maps. 4. Minor Alterations in Land Use Limitations (Section 15303 of CEQA): a. Variances which do not result in any potential environ- mental impacts; b. Abandonments which do not result in any potential environmental impacts. C. Notice of Exemption. When the department of planning and • community development determines that a project is categorical- ly or statutorily exempt from CEQA, and the city approves or decides to carry out a project, the department may file a notice of exemption. Within three months after determining that a project is exempt from CEQA, the city shall act on the permit application for that project. The notice of exemption may be prepared in accordance with Section 15062 and Supplementary Document Q of the CEQA Guidelines. D. Filing of Notice of Exemption. The department of planning and community development may file the notice of exemption with the county clerk. Copies of the notice may also be available for public inspection at the department of planning and community development. E. Statute of Limitations. Notices of exemption shall be mailed to requesting parties; provided, that the request is made within the thirty -day posting period of the notice. Mailing of the notices starts a thirty -five-day statute of limitations period on legal (Redding 10-95) 708 ENVIRONMENTAL REVIEW • challenges to the city's decision that the project is exempt from CEQA. If a notice of exemption is not filed, a one hundred eighty -day statute of limitations will apply. (Ord. 2126 § 1 (part), 1995; Ord. 2044 § 1 (part), 1993.) 18.64.060 Environmental determination. A. Initial Study. If it is determined that a project is not exempt and is subject to CEQA, the department of planning and community development shall conduct an initial study to determine whether a negative declaration or environmental impact report (EIR) is to be prepared. If the department determines that an EIR will clearly be required for a project, an expanded initial study may be conducted to better focus the EIR on important environmental issues. B. The initial study report shall be a written environmental determi- nation in the form of an initial study checklist on file with the • department of planning and community development and in compliance with Section 15063 of the CEQA Guidelines. If necessary, an extended initial study may be prepared to docu- ment the factual basis for the finding in a negative declaration that a project will not have a significant effect on the environ- ment. Thresholds of significance shall be determined as based on CEQA, the general plan, and other regulatory documents or permit requirements. The extended initial study may also discuss methods to mitigate any potentially significant effects of the proposed project and provide a discussion regarding consistency with existing zoning, general plan and other applicable land use regulations. C. Upon completion of an initial study or expanded initial study, the project may be scheduled for a meeting of the board of administrative review or planning commission to make an environmental determination as to whether a draft negative declaration or environmental impact report is to be prepared. As 0 709 (Redding 10-95) ZONING • an option, the environmental determination may be made by the planning director. (Ord. 2044 § 1 (part), 1993.) 18.64.070 Negative declarations. A. Upon selection of the appropriate environmental determination, the department of planning and community development shall prepare a draft negative declaration for a project when the initial study demonstrates that there is no substantial evidence that the project will have a significant effect on the environment. B. Where the department of planning and community development determines that a project may have a significant effect on the environment, the department may propose modifications to the project which would mitigate the potential effects to a level of "less than significant" If such mitigation measures are agreed to by the project proponent and are incorporated into the project, or made a condition of the project, the department of planning • and community development may prepare a draft negative declaration. C. As required by Section 21091 of the Public Resources Code, the department of planning and community development shall provide at least a twenty calendar day public review period for a draft negative declaration from the date the notices are post- marked. When a negative declaration is submitted to the State Clearinghouse for review by state agencies, the review period shall not be less than thirty calendar days from the date the document is distributed by the Clearinghouse. The proposed negative declaration or a mitigated negative declaration shall be kept on file at the department of planning and community development to provide an opportunity for public review. D. The public notice of availability of a proposed negative declara- tion or a mitigated negative declaration shall be mailed to all property owners within three hundred feet of the exterior proper- ty boundaries of the subject property using the ownership names (Redding 10-95) 710 0 • ENVIRONMENTAL REVIEW and addresses from the latest available county tax assessor rolls. The notice shall contain the name of the applicant, the location of the project, a brief description of the project, the location where the proposed negative declaration can be reviewed, and the date ending the public review period. E. Prior to approving a project, the city shall consider the proposed negative declaration or a mitigated negative declaration, together with any comments received during the public review period. The city shall approve the negative declaration or a mitigated negative declaration if it finds, on the basis of the initial study and comments received, that there is not any substantial evidence that the project will have a significant effect on the environment. F. With a private project, the negative declaration or a mitigated negative declaration must be completed and ready for approval within one hundred five calendar days from the date when the city accepted the application as complete. The city shall act on permit applications for projects for which a negative declaration • or mitigated negative declaration has been prepared within three months after the negative declaration is approved. G. After the city decides to carry out or approve a project for which a negative declaration or a mitigated negative declaration has been approved, the department of planning and community development shall file a notice of determination with the county clerk within five working days. The contents of the notice of determination shall comply with Section 15075 of the State CEQA Guidelines. Notices of determination shall be mailed to requesting parties if such request is made within the thirty -day posting period of the notice. Mailing of the notices starts a thirty calendar day statute of limitations on court challenges to the approval under CEQA. If a notice of determination is not filed by the city with the county clerk, a one hundred eighty -day statute of limitations will apply. (Ord. 2126 § 1 (part), 1995: Ord. 2044 § 1 (part), 1993.) 0 711 (Redding 10-95) ZONING • 18.64.080 Environmental impact report (EIR) preparation. A. Upon completion of the initial study and a determination by the board of administrative review, the planning commission, or the planning director that an EIR is required, the department shall initiate the EIR process as described in this chapter. The EIR process should be consolidated, to the extent possible, with the existing planning, review and approval process. B. Notice of Preparation. Upon a determination by the city that an EIR is required, the department of planning and community development shall prepare a notice of preparation (NOP) pursu- ant to Section 15082 of the State CEQA Guidelines. The depart- ment may require the project proponent to provide information necessary for preparation of the notice of preparation. The department of planning and community development shall send the NOP to each responsible or trustee agency. In addition, the planning director may identify other relevant groups or agencies and distribute the NOP to those groups. The department shall use either certified mail or other method of transmittal which pro- • vides a record that the NOP was received. A period of thirty calendar days from receipt of the NOP shall be provided for comment. When one or more state agencies will be a responsible agency or a trustee agency, the department shall send an NOP to each state responsible agency and trustee agency with a copy sent to the State Clearinghouse. C. Issues in an EIR. During or subsequent to the NOP review period, a meeting may be convened by the department of plan- ning and community development. The meeting shall involve representatives from pertinent agencies, in order to clarify and focus the issues to be addressed in the draft EIR. D. Preparation of the Draft EIR. When an EIR is required for a project, the department of planning and community development shall be responsible for preparation of the draft document. The draft EIR may be prepared by an environmental consultant in a (Redding 10-95) 712 • • ENVIRONMENTAL REVIEW format specified by the city. If environmental documentation is prepared under contract to the city, the contract shall be executed within forty-five days of the determination that the environmen- tal documentation is required. E. Acceptance of the Draft EIR for Circulation. Upon completion of the draft EIR, the consultant for the EIR shall submit a specified number of copies of an administrative draft for review by the department of planning and community development. The department shall review the administrative draft and make changes as necessary to reflect the independent judgment of the department and to ensure that the document adequately and objectively discloses any potential environmental effects of the proposed project. This review should be conducted within fourteen calendar days of the date of submittal of the draft EIR. Where corrections or changes are found necessary by the department, a revised administrative draft shall then be prepared. As soon as the revised draft EIR is prepared and accepted by the department of planning and community development as adequate under CEQA, a specified number of copies of the circulation draft EIR together with one original copy shall be filed with the department. (Ord. 2126 § 1 (part), 1995; Ord. 2044 § 1 (part), 1993.) 18.64.090 Contents of EIR. A. Any draft EIR accepted by the department of planning and community development shall comply with the content require- ments of Sections 15120 through 15131 of the CEQA Guide- lines. The draft EIR shall also include a mitigation monitoring and reporting program as required by Chapter 21081.6 of the Public Resources Code. B. Notice of Completion. Upon acceptance of the Draft EIR by the department of planning and community development, a notice of completion shall be filed with the State Clearinghouse pursu- ant to Section 15085 of the CEQA Guidelines. (Ord. 2044 § 1 (part), 1993.) is713 (Redding 10-95) ZONING • 18.64.100 Review of draft EER. A. Public Review. The department of planning and community development shall provide at least a thirty calendar day public review period for a draft EIR. If a state agency is a responsible or trustee agency, the public review period shall be no less than forty-five calendar days unless a shorter period is approved by the State Clearinghouse. The development of planning and community development shall provide notice of the public review for the draft EIR upon filing of the notice of completion with the State Clearinghouse per Section 15087 of the State CEQA Guidelines. Direct notice shall be given to all organiza- tions or individuals who have previously requested such notice. If a state agency is a responsible or trustee agency, ten copies of the draft EIR shall be provided to the State Clearinghouse. Comments received as a part of the public review should be in writing and should focus on environmental issues related to the project and the adequacy of the EIR. The department of planning and community development may schedule a public hearing before the planning commission during or upon completion of the public review period for the purposes of receiving public comments on the draft EIR. The public hearings may be held at the regular time and place of planning commission meetings, or they may be held at another established place and time convenient to that portion of the general public most interested in the project for which the public hearing is being conducted. B. Response to Comments on a Draft EIR. The department of planning and community development shall evaluate comments on environmental issues received during the noticed public review period and shall prepare written responses. The responses shall comply with the requirements described in Section 15088 of the CEQA Guidelines. The response to comments must describe the disposition of significant environmental issues raised. The response to comments may take the form of revisions to the draft EIR, or may be a separate section of the final EIR. (Redding 10-95) 714 0 SENVIRONMENTAL REVIEW All comments received either in writing or as summarized in minutes of public meetings shall be retained by the department of planning and community development for a period of at least three years following certification of the final EIR for the subject project. (Ord. 2126 § 1 (part), 1995; Ord. 2044 § 1 (part), 1993.) 18.64.110 Final EIR. A. Preparation. The department of planning and community devel- opment shall prepare the final EIR in accordance with Section 15132 of the State CEQA Guidelines. B. Certification of the Final EIR. Prior to action on the project, the final EIR shall be presented to the planning commission or city council. At least ten days prior to certifying an EIR, the city shall provide a copy of its written responses to comments to any public agency that submitted comments during the review period. is The city shall certify that the final EIR has been completed in compliance with CEQA, and that the decision-making body has reviewed and considered the information contained in the final EIR pursuant to the findings of Sections 15090 and 15091 of the State CEQA Guidelines. C. Adoption of Findings. The city shall not approve or carry out a project for which an EIR has been prepared which identifies one or more significant environmental effect(s), unless one or more written findings is made for each of those significant ef- fect(s). Possible findings are described in Section 15091 of the State CEQA Guidelines. D. Decision on a Project. After considering the final EIR and in conjunction with making findings under Section 15091 of CEQA, the city may decide whether or how to approve or carry out the project. Permit applications for projects for which an EIR has been prepared shall be acted upon within six months after the EIR is certified. The city shall not decide to approve or carry out a project for which an EIR was prepared unless either: 0 715 (Redding ]0-95) ZONING 1. The project as approved will not have a significant effect on the environment; or 2. The city has: a. Eliminated or substantially lessened all significant ef- fects on the environment, where feasible, as shown in findings under Section 15091 of CEQA, b. Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 of CEQA are acceptable due to overriding con- cerns as described in Section 15093 of CEQA. E. Statement of Overriding Considerations. If the city determines that the benefits of a proposed project substantially outweigh the unavoidable adverse environmental effect(s), the city shall make a statement of overriding considerations in approving the project. The city shall state specific reasons to support its action based on the certified final EIR and additional evidence, if presented for the record. F. Time Limits. With a private project, the city shall complete and certify the final EIR within one year after the date the applica- tion was accepted as complete. An unreasonable delay by an applicant in meeting requests by the city necessary for the preparation of an EIR shall suspend the running of the time period for the period of the unreasonable delay. Alternatively, the city may disapprove a project application where there is unreasonable delay in meeting requests. The city may allow a renewed application to start at the same point in the process where the application was when it was disapproved. G. Notice of Determination. The city shall file a notice of determi- nation (NOD) with the county clerk following project approval for which an EIR was prepared. The notice shall be prepared in accordance with Section 15094 of the State CEQA Guidelines. If a state agency is a responsible or trustee agency, the NOD shall also be filed with the State Clearinghouse. • (Redding 10-95) 716 0 • ENVIRONMENTAL REVIEW H. Statute of Limitations. Notices of determination shall be mailed to requesting parties if such request is made within the thirty -day posting period of the notice. Mailing of the notices starts a thirty calendar day statute of limitations on court challenges to the approval under CEQA. If a notice of determination is not filed with the county cleric by the city, a one hundred eighty -day statute of limitations will apply. (Ord. 2126 § 1 (part), 1995; Ord. 2044 § 1 (part), 1993.) 18.64.120 Mitigation monitoring and reporting. A. As required under Section 21081.6 of the Public Resources Code, the city shall establish monitoring or reporting procedures for mitigation measures adopted as a condition of project ap- proval in order to mitigate or avoid significant effects on the environment. A mitigation monitoring/permit compliance pro- gram shall be on file with the department of planning and • community development as adopted by city council resolution. B. The mitigation monitoring/permit compliance program shall describe the purpose, policy and procedure that the city follows for a discretionary project. A checklist shall be included which shall reference the mitigation measure to be monitored, the agency and/or person responsible for monitoring, and dates for the commencement and completion of the mitigation. C. Draft monitoring programs for projects for which an EIR is prepared shall be included in the draft EIR. The monitoring plan shall be subject to the same public review and comment accord- ed all other portions of the EIR. The final monitoring plan shall be adopted as a part of the CEQA findings for the subject project. A monitoring program for a mitigated negative declara- tion shall be attached to the document as a supporting exhibit if the monitoring program is deemed necessary. D. Where the city's monitoring or reporting activities demonstrate that mitigation measures are not being implemented, the director shall notify the project applicant of the specific areas of 0 716-1 (Redding 10-95) ZONING • noncompliance and request immediate correction. Where good faith negotiation with the applicant does not result in compliance with the mitigation measures, the city shall take appropriate enforcement action, including issuance of stop -work orders. (Ord. 2126 § 1 (part), 1995; Ord. 2044 § 1 (part), 1993.) 18.64.130 Appeals of environmental determinations. Any determination or decision made by the planning director or board of administrative review pursuant to these environmental review procedures may be appealed to the planning commission by any person aggrieved or affected by such determination or decision. Such an appeal shall be taken by filing a written appeal with the planning department within ten calendar days after the decision or determination. The written appeal shall set forth the grounds upon which the appeal is based. The planning commission shall act on the appeal within thirty days of the date of the filing of written appeal. Where an appeal is made on the decision of a project, the board • of administrative review, planning commission or city council may also review the environmental document prepared for the project; however, the environmental document need not be recertified if the appeal is not based on issues of the environment (for definition of "environment" refer to Section 15360 of the CEQA Guidelines). (Ord. 2044 § 1 (part), 1993.) 18.64.140 Fees and bonds. A. An applicant for a private project, which is determined not to be exempt from the provisions of CEQA, shall pay an environmen- tal review fee at the time of application as set by city council resolution. It is the intent of the city council that this fee be interpreted to include costs of all aspects of the CEQA process with the exception of the cost for environmental impact report (EIR) processing as set by city council resolution. (Redding 10-95) 716-2 0 • ENVIRONMENTAL REVIEW B. If the Board of Administrative Review or the planning commis- sion determines that an EIR must be prepared for a private project, the applicant proposing the project shall pay the EIR processing fee as set by city council resolution. The environ- mental review fee shall be credited to the EIR processing fee. The EIR processing fee shall cover the estimated costs incurred by the city in reviewing and processing the EIR. The fees shall be payable prior to review of the first draft EIR by staff of the department of planning and community development. C. To guarantee that the city has the resources to carry out the mitigation monitoring and reporting program, the planning commission or city council may require the project proponent to post a cash bond or other specific security acceptable to the city attorney, at the time the project is approved or is to be carried out. The security would be used to cover the cost of staff time in meeting the requirements of a mitigation monitoring and reporting program. The security would be posted with the city • treasurer and all accrued interest would be used to cover admin- istrative handling by the city. Upon completion of the monitor- ing program, any unused portion of the security would be re- turned to the project proponent. D. The department of planning and community development shall establish the costs to purchase each environmental impact report. The cost shall cover reproduction, storage, mailing, and handling costs. E. Copies of the State CEQA Guidelines may be reviewed at the department of planning and community development or the County Library. Copies may also be ordered from the State Department of General Services, Publications Section. (Ord. 2126 § 1 (part), 1995; Ord. 2044 § 1 (part), 1993.) 0 716-3 (Redding 10-95) ZONING Chapter 18.65 TREE PRESERVATION Sections: 18.65.010 Purpose and intent. 18.65.020 Definitions. 18.65.030 Tree preservation. 18.65.040 Permit required. 18.65.050 Exemptions. 18.65.060 Permit application—General. 18.65.070 Decision by planning director. 18.65.080 Denial and appeal. 18.65.090 Tree removal provisions. 18.65.100 Permit application—Discretionary projects. 18.65.110 Subdivisions. 18.65.120 Construction standards. 18.65.130 Tree protection guidelines. 18.65.140 Violation—Penalty. 18.65.150 Nonliability of city. 18.65.160 Tree planting requirements. 18.65.170 Maintenance. 18.65.180 Nonconforming developed parcels. 18.65.010 Purpose and intent. The city council finds that trees contribute in many ways to the health, safety, and general welfare of all of Redding's citizens. Trees, in addition to their aesthetic benefits and temperature moderation, are of benefit to fisheries, riparian habitat, wildlife, energy conserva- tion, and the ecology of the area. They protect surface -water quality, offer windbreaks, prevent erosion of topsoil, act as filters for air- borne pollutants, release oxygen, and protect against flood hazards and landslides. It is the intent of this chapter to promote the preser- vation of a healthy tree population and to enhance tree canopy • • (Redding 10-95) 716-4 0 0 TREE PRESERVATION throughout the community by means consistent with the reasonable use of private property. This is to be accomplished through (1) the preservation of existing native and nonnative trees where feasible; (2) the replacement or transplanting of trees removed where appro- priate; and (3) the planting of new trees in locations, number, and kind compatible with local conditions. (Ord. 1977 § 1 (part), 1991.) 18.65.020 Definitions. As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them: "Certified arborist" means a person who holds a current certifi- cate from the Western Chapter of the International Society of Arboriculture. "Cutting" means the detaching or separating from a protected tree any limb, branch, or root. Cutting shall include pruning and • trimming. "Damage" means any action undertaken which may cause death or significant injury, or which places the tree in a hazardous condi- 0 716-5/716-15 (Redding 10-95) • TREE PRESERVATION tion or in an irreversible state of decline. This includes but is not limited to cutting, topping, girdling, or poisoning. "dbh (diameter at breast height)" means the trunk diameter measured at four and one-half feet above the ground (diameter = circumference + 3.142). "Developed parcel" means any individual lot that is occupied by a principal building. "Discretionary projects" shall include but not be limited to those projects subject to: a use permit (including administrative use per- mit), a parcel map, a tentative subdivision map, a site -plan review, a variance, a rezone, or a planned development. "Drip line" means the area identified by extending a vertical line from the outermost portion of the limb canopy to the ground, with its axis parallel to the trunk. "Person" means any natural person, partnership, firm, corpora- tion, governmental agency, or other legal entity. "Preserved tree" means a tree that is required to be preserved and • protected under discretionary project approval. "Protected tree" means any living tree having at least one trunk of six inches or more in diameter when measured four and one-half feet above the ground (dbh). "Registered professional forester" means a person who holds a valid license as a professional forester pursuant to the provisions of the State Code. • "Removal" means the physical removal of a tree, or causing the death of a tree through damage, poison, or other direct or indirect action. "Shrub" means a woody plant of relatively low height, distin- guished from a tree by its height and having several stems. "Tree" means a perennial plant having a self-supporting woody main stem or trunk usually characterized by the ability to grow to considerable height and size and to develop woody branches at some distance above the ground. It is usually distinguished from a bush or shrub by its size, manner of growth, and usual botanical nomen- clature. Perennial shrubs are not classified as trees in this chapter. 716-17 (Redding 5-92) ZONING • As stated in Section 1.04.010, the singular "tree" includes the plural "trees," and the plural the singular. "Underdeveloped parcel" means any parcel that can be more intensively developed under the zoning regulations of the city. "Vacant parcel" means an individual lot that is not occupied by a principal building. (Ord. 1977 § 1 (part), 1991.) 18.65.030 Tree preservation. Subdivisions and other development projects subject to the provi- sions of this chapter shall be designed to minimize destruction or damage to protected trees. With development permits for discretion- ary projects, or when a protected tree is proposed to be removed when a discretionary permit is not required, a site plan shall be submitted which contains all the elements required by Sections 18.65.060 and 18.65.100. To achieve the goal of preservation, the planning commission may consider tree preservation as adequate grounds to approve variances associated with building setbacks, building separations, parking requirements, and driveway grades if • the commission determines that (1) the preservation and retention of a protected tree outweighs the disadvantages associated with any variance granted to save it, and (2) there is a real expectation that the tree will survive for more than five years. (Ord. 1977 § l (part), 1991.) 18.65.040 Permit required. No person shall destroy, damage, kill, or remove any protected tree on any private property without a tree permit unless authorized as a condition of a discretionary project approved by the city council, planning commission, board of administrative review, or planning director, or as otherwise exempted under Section 18.65.050. (Ord. 1977 § 1 (part), 1991.) 18.65.050 Exemptions. Exemptions to the provisions of this chapter are set forth as follows: A. Removal of a tree upon the order of the city manager, director of public works, director of planning and community devel- opment, director of recreation and parks, or a member of the (Redding 5-92) 716-18 0 0 716-19 (Redding ;-1)3) TREE PRESERVATION police or fire department if, in his determination, the condition of a tree presents an immediate hazard to life or property; B. The removal of trees on the following properties or areas: 1. Industrial parcels which do not exceed fifty thousand square feet in area regardless of whether the property is developed, underdeveloped, or vacant, 2. Commercial parcels which do not exceed one acre in area regardless of whether the property is a developed parcel, an underdeveloped parcel, or a vacant parcel, 3. Developed residential parcels which have been developed to the maximum density allowed by the zoning of the property, 4. A vacant parcel which does not exceed one acre of devel- opable area, and which is classified as residential by the general plan and/or applicable zoning, 5. The improved area of a public -street or public -utility case- ment for routine street and sidewalk maintenance ofexisting improvements; 6. Airport clear zones; • C. Removal or cutting of protected trees within utility rights-of- way which may be deemed necessary in the opinion of a public utility to comply with applicable safety regulations, to prevent potential future interruption of service, to repair damage to facili- ties, or to restore interrupted service; D. Removal of trees on property owned by the federal government, the state of California, the county of Shasta, or any school or special district; E. Removal of trees when determined as necessary by the lire department while engaged in fire fighting in order to prevent the spread of fire or prevent a dangerous situation to life or proper- ty; F. Street trees covered by Chapter 13.40 of the Redding Municipal Code which are approved for removal by the recreation and parks commission. 0 716-19 (Redding ;-1)3) ZONING 0- G. Trees in creeks and streams that are being undermined and, if they should fall, could create flooding, cause washouts, or block culverts or bridges. (Ord. 2026 § I (part), 1992; Ord. 1977 § I (part), 1991.) 18.65.060 Permit application—General. A. Except as provided for in Section 18.65. 100 (discretionary pro- jects), any property owner desiring to cut down or remove one or more protected trees on any parcel of land not exempted by this chapter shall file an application for a pemlit with the plan- ning director and pay the necessary fee therefor as established by resolution of the city council. Said application shall be on a form prescribed by the planning director, and shall contain the following information: (1) the number, species, size, and location of each tree to be cut down or removed; (2) the location of existing or proposed structures; (3) a brief statement of the reason for removal; (4) the signature of the property owner authorizing such removal; and (5) any other pertinent informa- tion the planning director may require, including a detailed report prepared by a certified arborist or a professional registered forester. B. The permit, if granted, shall entitle the property owner to remove only the trees approved for removal by the permit. Prior to the issuance of such permit, the planning director or his representa- tive shall visit and inspect the property, the trees in question, and the surrounding area, and shall ascertain whether or not the trees may be cut down or removed. C. The planning director or his designated representative may grant the permit if the removal of the trees will not affect soil stability, surface -water quality, riparian habitat, or fisheries, and one or more of the following findings is made: 1. The condition of the trees with respect to disease, fonn. general health, damage, public nuisance, danger of falling, proximity to existing structures, interference with utility (Redding 5-93) 716-20 r� u ® TREE PRESERVATION services, good forestry practices, or damage to existing sidewalks and driveways warrants their removal; 2. The preservation of the trees unreasonably restricts the eco- nomic potential of the property upon which the trees are situated; 3. The development has been designed such that suitable land will be set aside in an open -space easement which will (1) retain as many protected trees as are proposed to be re- moved; or (2) be particularly suitable for the planting and/or natural regeneration of trees. The set-aside area shall be in addition to any area classified as "Greenway" under the poli- cies of the Redding General Plan; 4. The trunk of the tree is on property owned by the applicant. D. The planning director shall deny any permit to remove a land- mark tree established by Chapter 13.40. (Ord. 1977 § 1 (part), 1991.) 18.65.070 Decision by planning director. The planning director or his designated representative shall render a decision in writing within fifteen days after the tiling of a complete application for a permit; or the planning director may refer the application to the board of administrative review for consider- ation. (Ord. 2026 § 1 (part), 1992: Ord. 1977 § 1 (part), 1991.) 18.65.080 Denial and appeal. If an application for a tree permit is denied, the planning director shall provide written notification thereof to the applicant, including the reasons for denial. The applicant may appeal the determination to the board of administrative review within ten calendar days after such determination has been mailed. Such appeal may be made by filing a written notice of appeal in letter form to the planning direc- tor, and paying an appeal fee as established by city council resolu- tion. The appeal shall be set for hearing before the board of admin- istrative review at its next regular meeting occurring not later than 716-21 (Redding 5-93) ZONING 0 fourteen calendar days after the appeal is filed. (Ord. 1977 § l (part), 1991.) 18.65.090 Tree removal provisions. A pen -nit issued under Section 18.65.060 shall be valid for a period of six months from the date of issuance. One extension of time may be granted, not to exceed an additional six months, by the person or body who approved the permit for which an extension is requested. A. It shall be the responsibility of the person cutting down or removing any tree under this chapter to have the tree permit and a copy of the conditions of approval imposed by the approving body at the tree removal site. B. The permit and any conditions of approval granted by the ap- proving body shall entitle the applicant to remove only the tree or trees approved for such action. C. Before the start of any clearing, excavation, construction, or other work on the site, every tree designated for removal on the approved site plan, which is outside of proposed right-of-way or easement areas, shall be clearly marked in the field in a manner required by the planning director. A plan shall be estab- lished for the removal and disposal of brush, earth, and other debris so as to avoid injury to any protected tree or adjoining property, or which would cause mud or debris on city streets. The construction standards required by Section 18.65.1 10 shall apply to all work performed within the drip line of protected trees. (Ord. 2026 § 1 (part), 1992; Ord. 1977 § 1 (part), 1991.) 18.65.100 Permit application—Discretionary projects. A. An application for a discretionary project shall also be consid- ered an application for tree removal in those instances where trees will be affected by the development. (Redding 5-93) 716-22 • 0 TREE PRESERVATION B. Project design shall recognize the desirability of preserving trees. Plans for grading and infrastructure improvements should reflect this consideration, and should include the following safeguards: 1. Location of minimum growing areas as required by indi- vidual species; 2. Minimal disruption or removal of structural or feeder roots; 3. Minimal filling, cutting, development, or compaction of soils within the drip line; 4. Such other measures required by the species of tree to be preserved as may be recommended by a certified arborist or registered professional forester when a question arises as to whether proposed efforts to save a preserved tree are ade- quate. C. An application for a discretionary permit shall contain the following elements, which may be included on the site plan, or on the tentative map for the project, or on a separate document such as an overlay: • 1. The approximate location of protected trees. The city may require a detailed site survey which precisely delineates the location of protected trees where it is deemed necessary to ensure their protection; 2. The location of existing and proposed lot lines and buildings (where known); 3. Grading information of sufficient detail to ascertain whether proposed cuts and fills will affect trees proposed to be saved; 4. In cases where a project site includes a stand or stands of trees closely grouped, in effect having a common, unbroken canopy, the entire stand rather than individual trees may be depicted, provided that the total canopy is accurately delin- eated; 5. A notation as to which trees are proposed to be saved; 6. The application may be denied or the project design modi- fied if (1) the plan is inconsistent with the city's policy of tree preservation, and (2) insufficient evidence is shown that tree preservation has been considered in the design of the is716-23 (Redding 5-93) ZONING C� project. Modifications of project design may include, but not be limited to, relocation of proposed streets and easements, relocation of proposed lot lines, and reduction of the number of lots/building areas proposed in the development. These elements, together, will constitute a tree protection plan, and those trees designated to be saved shall be considered pre- served trees. D. It is recognized that the preservation of healthy trees will some- times conflict with normal land developmental considerations such as properdrainage, grading, circulation, safety, and utilities. Within most developments, it will not be practical to preserve all healthy trees, given the necessity of addressing public safety and design concerns. In such instances, the design of the devel- opment should address preservation of the most desirable and significant of the healthy trees, particularly stands of trees, and the developer is encouraged to utilize creative land -planning techniques to achieve this end. The set-aside of a natural arca • or areas within a project site which is particularly suitable for the planting, retention, and/or natural regeneration of trees is considered to be a desirable means of accomplishing the goals of this chapter. Set-aside areas shall be in addition to any area classified as "Greenway" under the policies of the Redding General Plan. E. Subsequent to project approval, improvement plans shall be submitted to the city for approval which shall depict the location of all protected trees or stands of protected trees, which are outside of any proposed right-of-way, utility casement, or other area approved for disturbance by the approving body and which are proposed to be removed. At the discretion of the planning director, improvement plans may be required to depict the location of all protected trees which are located outside of any area classified as "Greenway" on the General Plan. F. The approving entity for the permit, when approving develop- ment plans, shall determine the adequacy and appropriateness of the proposed tree -protection plan, as provided above, and shall make the findings required under Section 18.65.060 C. (Redding 5-93) 716-24 • TREE PRESERVATION G. Appeals of conditions and/or requirements imposed on a devel- opment project by the approving authority shall utilize the procedures set forth in Chapter 18.74 of the Redding Municipal Code. (Ord. 2026 § I (part), 1992; Ord. 1977 § 1 (part), 1991.) • 0 716-24a (Redding 5-93) • TREE PRESERVATION 18.65.110 Subdivisions. Unless otherwise approved by the approving authority, removal of trees in subdivisions shall be limited to the development of streets, the installation of utilities, and the control of storm water and surface runoff. If lot clearing is proposed in conjunction with subdivision development, plans indicating the extent of proposed tree removal shall be submitted with the tentative map, consistent with Section 18.65. 100 C. The approving authority's considerations shall include but not be limited to the following: natural lot grade, size of existing trees, proportion of the canopy to be removed, potential for increased soil erosion, projected timing of subdivision buildout, and resulting visual effect from adjacent streets or other public areas. This chapter shall not apply in those instances where a tentative subdivision map and its grading plan have been approved by the city. (Ord. 1977 § 1 (part), 1991.) 18.65.120 Construction standards. • A. Before the start of any clearing, excavation, construction, or other work on the site, every tree designated for preservation which is located outside of any existing or required open space easements or dedications shall be clearly delineated in the field. The delineation markers shall remain in place for the duration of all work. Where deemed appropriate by the approving au- thority, a barrier of posts and flagging or other appropriate materials may be required to be erected around protected trees. A plan shall be established for the removal and disposal of brush, earth, and other debris in order to avoid injury to any protected tree which is to be saved. B. Where the approval of a proposed development or other site work will result in encroachment within the drip line of a pro- tected tree, special measures should be incorporated to allow the roots to obtain oxygen, water, and nutrients. The planning director may require the applicant to provide recommendations by a registered professional forester or a certified arborist setting forth the measures necessary to minimize impacts to the tree. 0 716-25 (Redding 5-92) ZONING • C. No storage or dumping of oil, gasoline, chemicals, or other sub- stances that may be harmful to trees shall occur within the drip line of any protected tree or on any other location on the site from which such substances might enter the drip line of a pro- tected tree. (Ord. 1977 § I (part), 1991.) 18.65.130 Tree protection guidelines. The director of planning shall prepare and make available to the public "Guidelines for Tree Protection." The guidelines will not replace or supplement the construction standards of Section 18.65.120, but will provide basic information that will be useful in protecting trees during and after construction. (Ord. 1977 § 1 (part), 1991.) 18.65.140 Violation—Penalty. It has been detennined that native trees within the city are valuable assets to the community, and that the public should be • compensated for the loss of trees which occur in violation of this chapter. The removal or killing of any protected tree in violation of the terms of this chapter shall be punishable by either or a combi- nation of the following means, at the discretion of the city: A. Payment of a fine of up to one thousand dollars per tree for the unauthorized removal or damage to trees; B. Provide and plant replacement trees of a number and size re- quired by the city, and thereafter maintain said trees in a live and healthy condition for a period of three years. C. Prohibition of further development of the property, other than corrective action measures, for a period of up to two years from the date notice of the violation is given by the city. The penalty shall be determined by the planning director; however, appeals of his decision shall be available as specified in Chapter 18.74 of the code. In instances where unlawful tree removal occurs on a developed parcel of land, the violator may seek relief from the above penalty by making application for tree removal as speci- fied in Section 18.65.060 and making payment of twice the (Redding 5-92) 716-26 0 • TREE PRESERVATION application fee. The city reserves the right to approve the permit subject to any or all of the above conditions, as circumstances may dictate. (Ord. 1977 § 1 (part), 1991.) 18.65.150 Nonliability of city. Nothing in this chapter shall be deemed to impose any liability for damages, or a duty of care and maintenance, upon the city or upon any of its officers or employees. The person in possession of any public property, or the owner of any private property, shall have a duty to keep the trees upon the property and under his control in a safe, healthy condition. (Ord. 1977 § I (part), 1991.) 18.65.160 Tree planting requirements. A. The following tree planting provisions shall apply to all new construction and to those parcels which have been granted a tree - removal pen -nit. The trees shall be planted prior to the issuance • of an occupancy pennit in those instances where planting is in conjunction with construction under a valid building penmit. 1. Residential development: One fifteen gallon tree shall be planted for every live hundred square feet of enclosed gross living area. 2. Commercial development (retail, office, service commercial uses): One fifteen gallon tree shall be planted for every one thousand square feet of gross floor area or covered space. 3. Industrial development: One fifteen gallon tree shall be planted for every two thousand square feet of gross floor area or covered space. B. Where the number of trees required to be planted under this section differs from the number required to be planted by Chap- ters 13.40 and 18.62 of the Redding Municipal Code (if appli- cable), the higher number shall apply. If the number of trees re- quired above contains a fraction, such number shall be increased to the next highest whole number. For example, if the computed requirement equals 3.4 trees, four trees shall be required. Each existing, protected tree on a parcel may be counted as two trees ® 716-27 (Redding 5-1)3) ZONING is for the purpose of the above planting requirements; however, this credit shall not reduce the number of trees required by Chapters 13.40 or 18.62 of the Redding Municipal Code applicable to the project, except as may be provided for in those code sections. (Ord. 2026 § I (part), 1992, Ord. 1977 § 1 (part), 1991.) 18.65.170 Maintenance. The property owner or his successors -in -interest shall be respon- sible thereafter for the care and maintenance of trees required to be planted under this chapter in a live and healthy condition. The replacement of trees which may die or otherwise be destroyed is explicitly a requirement of this chapter. The removal of dead wood, branches, or trees is the responsibility of the property owner upon whose property the tree originates. (Ord. 1977 § I (part), 1991.) 18.65.180 Nonconforming developed parcels. Developed parcels which do not meet the tree planting require- ments of this chapter, shall be required to meet the tree planting requirements of this chapter with the issuance of a building pemlit for any new construction on the property that is greater than fifteen percent of the existing gross floor area, unless an exception to this requirement is granted by the planning commission based on a finding that confonning to the tree planting requirements of this chapter is physically impossible given the way the parcel is devel- oped. If the planning commission can make that finding, it may approve planting fewer trees than this chapter would require for the developed parcel based on what the planning commission feels is physically possible for the property. (Ord. 2026 § l (part), 1992: Ord. 1977 § I (part), 1991.) (Redding 5.93) 716-28 • • • OFFICIAL PLAN LINES Chapter 18.66 OFFICIAL PLAN LINES Sections: 18.66.010 Title. 18.66.020 Purpose. 18.66.030 Map—Contents. 18.66.040 Maps—Index map. 18.66.050 Map—Adoption. 18.66.060 Failure to notity. 18.66.070 Adoption by reference. 18.66.080 Building erection within plan lines. 18.66.090 Variance permit—Authorized. 18.66.100 Variance permit—Application. 18.66.110 Variance permit—Hearing and notice. 18.66.120 Variance permit—Planning commission action. 18.66.130 Variance permit—Appeal. 18.66.140 Enforcement—Violation—Penalty. 18.66.010 Title. This chapter shall be known and cited as the "Official Plan Line Chapter of the City." (Prior code § 32-1.) 18.66.020 Purpose. The purpose of this chapter is to protect the master street 0 716-29 (Redding 5-92) OFFICIAL PLAN LINES • and highway plan adopted by the city. The street and highway Y plan was adopted as prescribed by law in order to do the following: A. Serve as a guide for the development of streets and highways; B. Promote the public welfare, safety and convenience; C. Provide a guide for capital outlay on street and highway improvements in. the city; D. Provide a source of information for residents and investors in the city; E. Reduce the hazard to public safety and damage to property values resulting from inadequate provision for traffic thoroughfares. (Prior code § 32-2.) 18.66.030 Map—Contents. Official plan lines (i.e., future width lines) shall be designated on maps prepared by the city engineer at the request of the city council, or at the request of the planning commission under the direction of the city council. The official plan line maps shall show all property divisions and buildings adjacent to the project on a scale of one inch equals one hundred feet or larger, and shall show the existing and proposed right-of-way widths, as well as a cross-section of the proposed streets. Each map shall be entitled "Official Plan Lines of (name of street or highway)." Each such map shall be approved by the city council upon recommendation of the planning commission. (Prior code § 32-3.) 18.66.040 Maps—Index map. The city engineer is instructed to prepare and maintain an index map which shall show the streets, or portions of streets, upon which official plan lines have been established. The city clerk is directed to record in the office of the county recorder all official plan line maps adopted under the provisions of this chapter. (Prior code § 32-4.) 0 717 ZONING • 18.66.050 Map—Adoption. A. Upon receipt of a proposed plan line map from the city engineer, the planning commission shall hold a public hearing thereon within sixty days thereafter, notice of which shall be given in the following manner: 1. Notice of time and place of the public hearing shall be published once in a newspaper of general circulation in the city at least ten days prior to the date of the public hearing. 2. The city engineer shall post notices at intervals of not more than five hundred feet along the street or streets for which the proposed plan line maps have been submitted to the planning commission for public hearing and recommendation, not less than ten days prior to the date of the public hearing. The notice shall contain the following words: "Notice is hereby given that a public hearing will be held on the ..... day of .......... 196..., at the hour of .... o'clock P.M. in the Council Chambers located at before the Planning Commission of the City of Redding for the purpose of determining whether or not the Official Plan Lines of this street, to wit, ......... Street, shall establish the width of this street at .... feet, according to the Master Street and Highway Plan of the City of Redding." 3. The planning commission shall cause to be mailed, postage prepaid, not less than ten days prior thereto, a notice of the time and place of the hearing, in form substantially the same as set forth in subparagraph 2 to all persons owning property adjacent to the street or portion thereof for which an official plan line is being considered; 4. Within thirty-one days following the conclusion of the public hearing, the planning commission shall forward its findings and recommendations in writing to the city council. B. Within thirty days of the receipt of the findings and recommendations of the planning commission in regard to the proposed plan line map, the city council shall fix a time and place for a public hearing and shall give notice of the 718 0 OFFICIAL PLAN LINES • hearing in a manner and form similar to the noticeP rovided for the public hearing before the planning commission set forth in subsection A of this section. After the conclusion of the public hearing, the city council may adopt the proposed plan line map, or any portion thereof, in such form or with such modifications as the city council may deem to be advisable, as an official plan map of the city. (Prior code § 32-4.1.) 18.66.060 Failure to notify. A. The failure of the planning commission to cause to be mailed or of the city clerk to mail any notice or the failure of any person to receive the notice shall not affect in any way whatsoever the validity of any proceedings taken under this chapter, nor prevent the planning commission or city council from proceeding with any hearing so noticed. B. No step in any proceeding shall be invalidated or defected by any error or mistake or departure from the provisions of Section 18.64.050 as to the officer or person posting or • publishing or procuring the publication or posting of any notice, resolution or other matter when it is actually published or posted for the time required. (Prior code § 32-5.) 18.66.070 Adoption by reference. The official plan line maps designated in this chapter have been adopted by the city council and the maps and all notations and information thereon made a part of this chapter by reference. The official plan line maps are recorded in the office of the county recorder of the county, and copies of them are on file in the office of the city clerk. (Prior code § 32-5.1.) 18.66.080 Building erection within plan lines. A. No building or structure shall be erected, constructed, altered, replaced or added to within official plan lines adopted and made a part of this chapter by reference, except where a variance permit is first obtained. 0 719 ZONING .7 B. The city council may by resolution prohibit the issuance of any building permits in any area where the city council, or the planning commission under the direction of the city council, has requested the preparation of an official plan line map for the subject area by the city engineer for submission to the council for approval after recommendation of the planning commission. Such prohibition shall be for a period not in excess of one hundred twenty days from the date of the aforesaid request. (Prior code § 32-6.) 18.66.090 Variance permit—Authorized. Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this title may result from the strict application of certain provisions hereto, variance permits may be granted, as provided in Sections 18.66.100 through 18.66.130. (Prior code § 32-7.) 18.66.100 Variance permit—Application. • Applications for variance permits from official plan lines shall be made in writing by the property owner on forms prescribed by the planning commission, and shall be accompanied by a fee of fifteen dollars and a written statement, plans and evidence showing the following: A. That there are exceptional or extraordinary circumstances or conditions applying to the proposed construction which would invade an official plan line and that there has been a change in the development pattern along the street or streets which are the subject matter of the application which make it appropriate to permit the applied -for invasion of the official plan lines; B. That the granting of the application is necessary for the preservation and enjoyment of the substantial property rights of the applicant; C. That the granting of the application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working along the streets which are the subject matter of the official 720 0 OFFICIAL PLAN LINES isplan line involved and that any modification of the official plan lines made necessary by the application will not adversely affect the reasonable projected future traffic flow, both pedestrian and vehicular, along or across the streets so affected. (Prior code § 32-8.) 18.66.110 Variance permit—Hearing and notice. Upon receipt of an application for a variance permit from an official plan line, the planning commission shall hold a public hearing within forty-five days thereafter, notice of which shall be given not less than ten days prior thereto, by publication once in a newspaper of general circulation within the city and by posting notices of the time, place and subject matter of the public hearing, along rights-of-way affected for a distance of one thousand feet on either side of the property for which the application is made or to the end of the right -of --way, whichever distance is lesser, the notices to be posted at intervals of not • more than five hundred feet. At the discretion of the planning commission, notice of the time and place of the hearing shall be given by mail, postage prepaid, not less than ten days prior thereto to all persons owning property along the street affected within a distance of one thousand feet or less from the exterior boundary of the property for which the applicant has applied for a variance. (Prior code § 32-9.) 18.66.120 Variance permit—Planning commission action. A. After the conclusion of the public hearing, the planning commission must make a finding of facts showing that the conditions set forth in Section 18.66. 100 exist and that the issuance of a variance permit allowing the invading of the official plan line is in harmony with the general purposes of this title. The planning commission may also designate such conditions in connection with the granting of a variance permit as it deems necessary to fulfill the purpose of this chapter, and may require special guarantees _that the conditions so imposed will be complied with. B. The planning commission shall render its decision upon the • 721 ZONING variance permit application within thirty-one days after the conclusion of the public hearing. If it has not rendered its decision within thirty-one days, the application shall be deemed denied and the applicant shall have the right to appeal in accordance with the procedure set forth in Section 18.66.130. (Prior code § 32-10.) 18.66.130 Variance permit—Appeal. A. In case the applicant, or anyone else affected, is not satisfied with the decision of the planning commission, within ten days following the decision an appeal in writing may be made to the city council. B. Upon receipt of an appeal, the council shall within thirty-one days thereafter set a date for the public hearing of the appeal and shall give notice in the manner and form as provided in Section 18.66.110. Council shall also give notice of public hearing on appeal to the planning commission. C. The city council shall render its decision upon the appeal within forty-five days after the conclusion of the public hearing. In the event the city council fails to act within the prescribed time, the decision of the planning commission shall be deemed to be affirmed. (Prior code § 32-11.) . 18.66.140 Enforcement—Violation—Penalty. A. It is the duty of the city official vested with the authority of issuing building permits to enforce this chapter. The official shall not issue any such permit in conflict with the terms of this chapter; and any such permit or license issued in conflict with the provisions of this chapter shall be null and void. B. Any person violating or causing the violation of any of the terms or provisions of this chapter shall be guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars, or by imprisonment in the county jail for a term not to 722 0 • MOBILE HOMES AND TRAVEL TRAILERS exceed one hundred and fifty days or by both such fine and imprisonment. Such person shall be guilty of a separate offense for each and every day on which the violation of this chapter is committed or continued by such person. C. Any building or structure erected or moved or altered contrary to the provisions of this chapter shall be and is declared to be unlawful, and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence action or pro- ceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief, as will abate and remove the building or structure. (Prior code § 32-12.) Chapter 18.68 Is MOBILE HOMES AND TRAVEL TRAILERS4 Sections: 18.68.010 Purpose. 18.68.030 Use permits. 18.68.040 Existing trailer parks—Compliance time limit. 18.68.050 Existing trailer parks—Required improvements. 18.68.060 Existing trailer parks—Signs. 18.68.070 Business license—Required. 18.68.080 Business license—Nontransferability. 18.68.090 Business license—Suspension or revocation. 18.68.100 Mobile home park development standards. 18.68.110 Travel trailer park development standards. 18.68.120 Garbage disposal. 18.68.130 Electrical installations—Statutory conformance required. 18.68.140 Electrical installations—Inspection. 0 723 (Redding 11-92) ZONING 0 18.68.150 Electrical installations—Permits. 18.68.160 Trailer occupancy outside trailer park. 18.68.170 Camping or parking on city property. 18.68.010 Purpose. The principal purpose of this chapter is to provide, in conjunc- tion with Title 18, for the appropriate location of travel trailer parks and mobile home parks in accordance with the general plan for the development of the city and to regulate those operational aspects of travel trailer parks and mobile home parks not preempted by state statute which are properly the concern of the city in its exercise of the police power for the general health, safety and welfare of its citizens. This chapter also regulates the use of mobile homes and travel trailers outside of licensed mobile home and travel trailer parks and regulates and controls camping activities on public property within the city. (Prior code § 7-1.) • 18.68.030 Use permits. A. No travel trailer park or mobile home park hereafter established shall be located within the city until a use permit is approved by the board of administrative review in the manner set out in this section. B. Anyone desiring to locate and operate a trailer park in the (Redding II -92) 724 :7 MOBILE HOMES AND TRAVEL TRAILERS • Mobile Home Park District (RT) or the Travel Trailer Park District (CT) shall file an application for a use permit with the board of administrative review in accordance with the provisions of Title 18. The application shall be accompanied by a plot plan showing the trailer sites, interior streets and alleys, location of any buildings or other facilities existing and to be retained, or proposed to be constructed, together with a legal description of the proposed park. C. The board of administrative review shall act upon such application according to the provisions of Chapters 18.70 through 18.74. (Prior code § 7-2.) 18.68.040 Existing trailer parks—Compliance time limit. A. The owner or operator of every mobile home park or travel trailer park existing within the city shall, within thirty days after the effective date of this chapter, or, if outside the city, within thirty days after the effective date of • annexation to the city, make application, as required by Section 18.68.030 to the board of administrative review for a use permit, and it is unlawful for any person to operate or maintain any mobile home park or travel trailer park within the city without first applying for and receiving from the board of administrative review the use permit. B. The board of administrative review shall condition the issuance of the use permit to require compliance immediately with those provisions of this chapter and the laws of the state which, in the board's judgment, are necessary to insure the public health and safety, and shall determine, and require to be set forth on the plot plan, the nature and location of all improvements required by Section 18.68.050, and shall require construction of such improvements within the time specified in the section as a condition to the issuance of the use permit. (Prior code § 7-3.) 18.68.050 Existing trailer parks—Required improvements. The owner or operator of every mobile home park or travel 0 725 ZONING • trailer park existing within the city shall provide the following improvements within five years after the effective date of this chapter, or within five years after the effective date of annexation of the park to the city, whichever is greater; A. Either natural or artificial screening sufficient to provide an adequate sound barrier and visual barrier shall be provided within all required yard areas, with location and design subject to the approval of the board of administrative review. B. All interior streets and motor vehicle parking areas shall be paved to their existing widths with two inches of asphaltic concrete on a compacted base or equivalent approved by the public works department. (Prior code § 7-3.1.) 18.68.060 Existing trailer parks—Signs. Within ten years after the effective date of this chapter or the effective date of annexation of such park, whichever is the greater, the owner or operator of every mobile home park shall • remove any advertising sign in excess of one nonflashing appurtenant sign, not to exceed eighteen square feet in area, and all informational signs within the park which exceed three square feet per sign face. (Prior code § 7-3.2.) 18.68.070 Business license—Required. A. Upon the completion of any mobile home or travel trailer park and prior to the use thereof, the owner or operator of the park shall make application to the city clerk's office for a business license to operate the mobile home or travel trailer park. The application shall be in writing upon a form provided by the office. It shall be filed with the city clerk not less than ten days, nor more than twenty days before the park is made ready for use. B. The building official shall thereupon make a final inspection of the park referred to in the application, and if it is found to be in conformity with the requirements of this code, and the laws of the state, the city clerk shall issue to the owner or operator thereof a business license upon payment of the 726 • • is C MOBILE HOMES AND TRAVEL TRAILERS fees according to Chapter at all times be posted premises. (Prior code § 7-4.) 6.04, which business license shall at a conspicuous place on the 18.68.080 Business license—Nontransferability. A business license for a mobile home or travel trailer park shall not be transferable. (Prior code § 7-5.) 18.68.090 Business license—Suspension or revocation. Whenever it is found that any mobile home or travel trailer park is not being conducted in conformity with the provisions of this code or the laws of the state, the business license shall be subject to revocation or suspension by the city council in the following manner: A. Upon failing to comply with any provision of this code, after receiving a notice in writing from the building department setting forth the violations, a notice shall be served by the building official on the person holding the license, ordering him to appear before the city council, at a day and hour therein specified, not less than five days after the service of the notice on the permit holder, and requiring him to show cause at the time and place why the license should not be revoked or suspended. B. The notice shall be sent by registered mail, postage prepaid, return receipt requested, to the person owning or operating the park as the person's name and address appear on the last equalized assessment roll or as otherwise known to the building department. A copy of the notice shall be posted conspicuously upon the premises of the park alleged to be in violation of the provisions of this code or the laws of the state. The representative of the building department, upon giving notice as set forth in this section, shall file an affidavit thereof with the clerk certifying to the time and the manner in which the notice was given. There shall also be filed therewith any receipt cards which may have been returned in acknowledgment of the receipt of the notices by registered mail. The failure of any owner or operator to 727 ZONING 0 receive notice shall not affect in any manner the validity of any proceedings taken under this chapter. At the time and place mentioned in the notice, the person holding the license may appear in person, or may be represented by counsel, and may introduce such evidence as he may desire, and the building department shall confront the license holder with the charges that the department has against him, and after the hearing, the city council may, at its discretion, revoke or suspend the license. Continued operation after notice of suspension or revocation shall be considered a violation of this code. (Prior code § 7-6.) 18.68.100 Mobile home park development standards. Mobile home parks in the RT district shall comply with the site standards set forth in this section. A. Yards required shall be as follows: 1. Front yards shall be a minimum of twenty feet; 2. Side yards and rear yards shall be a minimum of ten feet • on interior lot lines, fifteen feet on exterior lot lines. B. Either natural or artificial screening sufficient to provide an adequate sound barrier and visual barrier shall be provided within all required areas, with location and design subject to the approval of the board of administrative review. C. All required yard areas shall be appropriately landscaped and maintained. D. All interior streets and vehicle parking areas shall be paved with two inches of asphaltic concrete on a compacted base or equivalent approved by the public works department. These vehicle parking areas and streets shall be graded to drain to a centrally located drain or system of drains which in turn are connected to the city storm drain system or a natural watercourse. The interior street system of the mobile home park should be so designed and constructed as to provide safe and .adequate ingress and egress for expando-mobile homes of the largest size. E. Two and one-half off-street parking spaces, one of which shall be covered, shall be provided for each mobile home site and shall be improved in accordance with the provisions 728 0 18.68.110 Travel trailer park development standards. Travel trailer parks in the CT district shall comply with the standards set forth in this section. A. Minimum yards required shall be as follows: 1. Front yards shall be a minimum of ten feet; 2. All side yards and rear yards shall be a minimum of ten feet in depth. B. Either natural or artificial screening sufficient to provide an adequate sound barrier and visual barrier shall be provided within all required yard areas, location and design subject to the approval of the board of administrative review. C. All required yard areas shall be appropriately landscaped and maintained. D. All interior streets and vehicle parking areas shall be paved 0 729 MOBILE HOMES AND TRAVEL TRAILERS of subsection D of this section and subparagraphs (b) and (c) of Resolution No. 3540. F. The following signs only shall be permitted: one nonflashing appurtenant sign, not to exceed eighteen square feet, and informational signs, not exceeding three square feet per sign face. G. All electrical, telephone and cable television lines shall be placed underground, except that a single pole or pedestal shall be required for each mobile home site to facilitate utility connection. H. Plumbing for permanent buildings shall conform to Section 16.16.010. 1. A minimum of one hundred square feet of outdoor or indoor recreation area shall be provided for each mobile home lot, exclusive of required yards or vehicle parking areas. The minimum size for any single outdoor recreation area shall be two thousand five hundred square feet, with a minimum width of twenty-five feet. J. Mobile home park density standards shall be one mobile home per four thousand square feet gross land area. • K. No mobile home or accessory structure shall be located closer than ten feet to any other mobile home or accessory structure. (Prior code § 7-7.) 18.68.110 Travel trailer park development standards. Travel trailer parks in the CT district shall comply with the standards set forth in this section. A. Minimum yards required shall be as follows: 1. Front yards shall be a minimum of ten feet; 2. All side yards and rear yards shall be a minimum of ten feet in depth. B. Either natural or artificial screening sufficient to provide an adequate sound barrier and visual barrier shall be provided within all required yard areas, location and design subject to the approval of the board of administrative review. C. All required yard areas shall be appropriately landscaped and maintained. D. All interior streets and vehicle parking areas shall be paved 0 729 ZONING structure. (Prior code § 7-8.) 18.68.120 Garbage disposal. A. In every mobile home or travel trailer park metal garbage cans with tight -fitting covers shall be provided with sufficient total capacity to provide five gallons' capacity for each mobile home or travel trailer site within the park. B. All garbage, waste and rubbish in every mobile home or travel trailer park shall be removed from the premises and disposed of without creating a nuisance. C. A flyproof enclosure with running water available and maintained in a sanitary condition shall be provided for the storage of garbage and trash containers. (Prior code § 7-9.) • 730 • with two inches of asphaltic concrete on a compacted base, or equivalent, approved by the public works department. These vehicle parking areas and streets shall be graded to drain to a centrally located drain or system of drains which in turn are connected to the city storm system or a natural watercourse. The interior street system of the park should be designed and constructed so as to provide safe and adequate ingress and egress for the largest size travel trailer or the largest expando-mobile homes if the access also serves a mobile home park. E. One off-street parking space shall be provided for each travel trailer site in accordance with the provisions of subsection D and subparagraphs(b) and (c) of Resolution No. 3540. F. All electrical, telephone and cable television lines shall be placed underground, except that a single pole or pedestal shall be required for each travel trailer site to facilitate utility connection. G. Plumbing for permanent buildings shall conform to Section 16.16.010. H. Travel trailer park density standards shall be one travel • trailer per two thousand and five hundred square feet of gross land area. I. No travel trailer or accessory structure shall be located closer than ten feet to any other travel trailer or accessory structure. (Prior code § 7-8.) 18.68.120 Garbage disposal. A. In every mobile home or travel trailer park metal garbage cans with tight -fitting covers shall be provided with sufficient total capacity to provide five gallons' capacity for each mobile home or travel trailer site within the park. B. All garbage, waste and rubbish in every mobile home or travel trailer park shall be removed from the premises and disposed of without creating a nuisance. C. A flyproof enclosure with running water available and maintained in a sanitary condition shall be provided for the storage of garbage and trash containers. (Prior code § 7-9.) • 730 MOBILE HOMES AND TRAVEL TRAILERS is 1 — 8.68 130 Electrical installations Statutory conformance required. All mobile home or travel trailer parks shall install and provide an electrical service and distribution system in accordance with applicable state requirements. (Prior code § 7-10.) 18.68.140 Electrical installations—Inspection. No new electrical installation may be energized until inspected and approved by the city. (Prior code § 7-16.1.) 18.68.150 Electrical installations—Permits. Prior to the commencement of any new electrical installation in a mobile home or travel trailer park, the owner or operator thereof or his electrical contractor shall obtain an electrical permit, and shall, at the time of filing of an application therefor, pay a permit and inspection fee as • provided in Chapter 16.12. (Prior code § 7-10.2.) 18.68.160 Trailer occupancy outside trailer park. It is unlawful to park or use a trailer for human occupancy, including residential, commercial or caretaking purposes, except when parked within a licensed travel trailer or mobile home park, provided that the following exceptions are allowed: A. Not more than one vacation -type trailer may be stored on private real property, provided it is not stored within any required setback or yard area as such are defined in Title 18, and provided it is not used for human occupancy; B. One or more trailers may be parked and used for office purposes on private property while actual construction, pursuant to an unexpired lawfully issued building permit, is in progress, provided that not more than one trailer shall be so used for each contractor or subcontractor actively engaged in construction work at the construction site, and further provided that when more than one trailer is to be used on a site, a use permit shall be first obtained, as provided for in Title 18. 0 731 ZONING • C. One trailer may be parked on C-2, C-3, C-4 or industrially zoned property for night watchman or caretaker use, provided a use permit is first obtained from the appropriate authority as provided in Title 18. D. One commercial coach or one commercial trailer may be parked and used for office purposes on a parcel of land for which a lawful and effective use permit for outside sales has been obtained, provided that the vehicle meets any applicable requirements of Chapter 16.12, has skirting constructed of solid material around the coach between the lower edge thereof and the ground, no other permanent structures exist on the subject property, and the vehicle maintains a minimum setback of fifteen feet from all property lines. E. Public agency mobile public service units such as mobile libraries, etc., may be parked and used for such public service activities outside of a licensed trailer or mobile home park. F. A trailer used for human occupancy outside of a licensed trailer or mobile home park and in compliance with all county ordinances at the time of annexation may remain on • the property and be occupied or sold with the land following annexation, provided that if the trailer is removed, it shall be unlawful to use a trailer for human occupancy on the property thereafter, unless and until a use permit for the replacement trailer occupancy is approved by the board of administrative review. To obtain the use permit the property owner shall apply in writing to the board of administrative review in accordance with the provisions of Title 18 and shall accompany the application with a plot plan setting forth the proposed location of the trailer or mobile home on the property, together with the location of any buildings or other facilities existing and to be retained, or proposed to be constructed. The board of administrative review shall not grant a use permit for a replacement mobile home as provided for in this subsection unless and until the following minimum conditions are met or exceeded: 1. The replacement trailer shall be a single-family state -licensed mobile home of not less than four 732 • 0 MOBILE HOMES AND TRAVEL TRAILERS hundred fifty square feet, complying with the Department of Housing Standards of the State; 2. Two accessible and usable covered spaces of not less than ten feet by twenty feet each for the storage of automobiles to be so located on the lot as to meet the requirements of Title 18 for an accessory building; 3. Skirting, constructed of a solid material compatible with the exterior siding of the mobile home, shall be placed com- pletely around the mobile home between the lower edge thereof and the ground, so as to conceal completely the area underneath the mobile home, and shall include a readily removable inspection panel of not less than eighteen inches in width and in height nor less than four square feet in total size. Construction shall be adequate for the design load of the skirting, and no wood shall be used within six inches of the ground. G. One mobile home maybe parked and used for dwelling purposes • on a parcel of land when zoned in combination with the ST combining district, provided such use complies with all other regulations of Title 18. (Ord. 1276 § 1, 1976: prior code § 7-11.) 18.68.170 Camping or parking on city property. A. It is unlawful to camp or sleep overnight or to park and occupy a trailer coach or camper overnight upon any public street, alley or upon any other public property, including rights-of-way, except that the recreation director may grant permission to the following persons and groups to camp in designated posted areas of a municipal park in accordance with regulations established therewith: 1. United States military personnel on duty traveling through the city in an official military convoy; 2. The Boy Scouts of America; 3. The Girls Scouts of America; is733 (Redding 10-95) ZONING • 4. The Camp Fire Girls; 5. Individual participants or members of organizations actively participating in invitational youth sports being held in the municipal parks. B. The area designated and posted for organizational use shall be the area in Lake Redding Park on the north side of Rio Drive lying between the Pony League parking lot and the Southern Pacific right-of-way or such other and additional areas as may be designated and posted by the park superintendent. No one shall be permitted to camp in the designated areas except those persons who qualify by reason of their membership or activity in one of the groups listed in this section, and who shall have first received written permission so to camp from the recreation director of the city. (Prior code § 7-12.) Chapter 18.70 • USE PERMITS Sections: 18.70.010 Use permit—Issuance. 18.70.020 Use permit—Application. 18.70.030 Special uses requiring use permit. 18.70.040 Special uses not requiring use permit. 18.70.050 Use permit—Public hearing. 18.70.060 Use permit—Findings. 18.70.070 Use permit—Appeal. 18.70.080 Time of issuance. 18.70.010 Use permit—Issuance. Use permits, revocable, conditional, or valid for a term period, may be issued for any of the uses or purposes for which such (Redding 10-95) 734 • • USE PERMITS permits are required or permitted by the terms of this title. (Ord. 2129 § 1 (In (part), 1995.) 18.70.020 Use permit—Application. Application for a use permit shall be made in writing to the board of administrative review by the property owner or his written authorized attorney-in-fact on a form prescribed by the planning commission and shall be accompanied by plans and elevations necessary to show details of the proposed use and the proposed location of the building on the premises. The application shall be accompanied by the prevailing fee as established by the city council by resolution. (Ord. 2129 § 1 (II) (part), 1995.) 18.70.030 Special uses requiring use permit. A permit shall be required for the following list of special uses. • Such uses shall also conform to all other regulations of this title. A. Amusements. 1. No circus, carnival, sideshow, dance hall, skating rink, bowling alley, recreation parlor, race track, or similar use may be established in any district wherein the use is permit- ted, or on any public land, without first obtaining a use permit; provided, that a use permit shall not be required if another section of this code requires approval of the use by the city council, in which case approval by the council shall be sufficient. 2. The board of administrative review or planning commission shall have the right to refuse to grant any such use permit if it determines that the granting of the permit will be con- trary to the preservation of the public peace, safety or wel- fare. If the permit is granted, such term, conditions and restrictions my be imposed upon the operation, management and conduct of the business as may be deemed necessary. 0 735 (Reading 10-95) ZONING • The applicant or any interested person may appeal in writing to the planning commission and, if not satisfied, may appeal in writing to the city council. B. Establishment Serving Alcoholic Beverages. No dance hall, roadhouse, nightclub, commercial club, or any establishment where alcoholic beverages are served, or commercial place of amusement or recreation shall be established in any district closer than three hundred feet to the boundary of any residential district, unless a permit is first obtained in each case. C. Outdoor Activities. In commercial zones where outdoor sale establishments are uses requiring a use permit, or on any public land, no outdoor swap meets, flea markets, tent sales, open-air theaters, outdoor storage yards, or similar use may be established without first obtaining a use permit. (Ord. 2129 § 1 (II) (part), 1995.) 18.70.040 Special uses not requiring use permit. • A. Christmas Tree and Pumpkin Sales. Outdoor sales of Christmas trees or pumpkins shall be permitted in the "C-2," "C-3," and "C-6" districts and in the "U" district with a General Plan classification of "Retail' or "Service Commercial' without a use permit. The use may include one temporary trailer for watchman and sales office in conjunction therewith, provided no curb -side sales are allowed and the operation does not utilize parking area required for another commercial use. (Ord. 2129 § 1 (II) (part), 1995.) 18.70.050 Use permit—Public hearing. A. A public hearing is not mandatory, but the board of administra- tive review may hold any hearings it deems necessary or it may refer the application to the planning commission for decision. (Redding 10-95) 736 0 • USE PERMITS B. In case a public hearing is deemed necessary, notice of the hearing shall be given not less than ten days prior thereto, by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons owning property within a distance of not less than three hundred feet from the exterior boundaries of the area actually occupied or to be occu- pied by the use which is the subject of the hearing. (Ord. 2129 § 1 (II) (part), 1995.) 18.70.060 Use permit—Findings. A. In order to grant any use permit, the findings of the board of ad- ministrative review shall be that the establishment, maintenance, or operation applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use or be detri- • mental or injurious to property. B. The board of administrative review may impose reasonable conditions in relation to the grant of use permit and may require reasonable guarantees from the applicant that the conditions subsequent, as are so imposed, will be complied with. (Ord. 2129 § 1 (II) (part), 1995.) 18.70.070 Use permit—Appeal. A. In case the applicant or others affected are not satisfied with the action of the board of administrative review, they may, within ten days after the decision, appeal in writing to the planning commission. B. The planning commission shall set a date for a public hearing within forty-five days following the receipt of the appeal and shall mail notices thereof in the manner provided in Section 18.70.050. 736-1 (Redding 10-95) ZONING • C. The planning commission shall render its decision within thirty days after the conclusion of the public hearing. If no decision is rendered within such period, the action of the board of admin- istrative review shall be deemed affirmed. D. If an applicant or any other party is not satisfied with the action of the planning commission, he may, within ten days and after paying a fee, appeal in writing to the city council per the re- quirements of Chapter 18.74 of this code. (Ord. 2129 § 1 (II) (part), 1995.) 18.70.080 Time of issuance. A. No building permit shall be issued in any case where a use permit is required by the provisions of this title until ten days after the granting of the use permit or, if the grant is appealed, not until ten days after the public hearing before the planning commission. B. If the decision of the commission is appealed, the building • permit shall not be issued until the appeal has been considered and acted upon by the city council. (Ord. 2129 § 1 (II) (part), 1995.) (Redding 10-95) 736-2 0 • Chapter 18.71 ANIMAL PERMITS ANIMAL PERMITS Sections: 18.71.010 Purpose. 18.71.020 Definitions. 18.71.030 Animal permit to keep cows, horses, mules, goats, sheep or similar animals. 18.71.040 Animal permit to keep pigs or hogs. 18.71.050 Animal permit to keep large fowl. 18.71.060 Application. 18.71.070 Authority. 18.71.080 Determination by director. 18.71.090 Findings. 18.71.100 Conditions. 18.71.110 18.71.120 Approval by director. Appeal procedure. 18.71.130 Hearing before board of administrative review. 18.71.140 Revocation. • 18.71.010 Purpose. The purpose of this chapter is to establish procedures for the granting of animal permits for larger animals such as cows, horses, sheep, llamas, swine, goats, large fowl, and similar animals not considered as household pets. All other animal regulations fall under Title 7 of the Municipal Code. The review and approval of animal permits takes into consideration such factors as lot size, surrounding neighborhood land use and density, animal density, and health and safety concerns. (Ord. 2147 § 1 Exh. A (part), 1996.) 736-3 (Redding 9-96) ZONING • 18.71.020 Definitions. A. "Animals" includes cows, bulls, calves, heifers, horses, ponies, mules, burros, jacks, jennies, sheep, goats, llamas, alpacas, swine, and all other similar livestock or domesticated animals other than household pets. B. "Household pets" includes cats, dogs, potbellied pigs, small reptiles, small birds, and other kindred animals ordinarily kept as household pets. "Pot-bellied pig" includes the Vietnamese variety miniature pig of less than one hundred fifty pounds in weight and less than twenty-two inches in height at the shoulder. C. "Large Fowl" includes emus, ostriches, rheas or other similar flightless birds. (Ord. 2147 § 1 Exh. A (part), 1996.) 18.71.030 Animal permit to keep cows, horses, mules, goats, sheep or similar animals. It is declared to be a nuisance and it is unlawful for any person • to keep or maintain, or suffer or permit to be kept or maintained within the city, any cow, bull, calf, horse, mare, pony, colt, mule, burro, goat, sheep, llama, alpaca or similar animal without first obtaining an animal permit. In no case shall any such animal be kept or maintained within seventy-five feet of any dwelling house or structure intended for use as a dwelling house that is occupied by any person other than the owner or custodian of the animals. In addition, in no case shall any goat or sheep be kept or maintained within one hundred feet of any dwelling house or structure intended for use as a dwelling house that is occupied by any person other than the owner or custodian of the animals. (Ord. 2147 § 1 Exh. A (part), 1996.) (Redding 9-96) 7364 r� • ANIMAL PERMITS • 18.71.040 Animal permit to keep pigs or hogs. It is unlawful for any person to keep, maintain or raise any pigs or hogs (except for pot-bellied pigs) on any lot or premises in the city; provided, however, that a pig or hog may be kept, maintained and raised upon property consisting of two acres or more in area within the city and upon receiving an animal permit. In no case shall any pig or hog be kept within a distance of less than five hundred feet from any dwelling house or structure intended for use as a dwelling house that is occupied by any person other than the owner or custodian of the animals. (Ord. 2147 § 1 Exh. A (part), 1996.) 18.71.050 Animal permit to keep large fowl. It is unlawful for any person to keep, maintain or raise large fowl on any lot or premises less than one acre in size in the city. It is unlawful to keep, maintain or raise more than two large fowl without first obtaining an animal permit. In no case shall any large fowl be kept within a distance of less than forty feet from any dwelling house or structure intended for use as a dwelling house that is occupied by any person other than the owner or custodian of the fowl. (Ord. 2147 § 1 Exh. A (part), 1996.) 18.71.060 Application. An application for an animal permit shall be made, in writing, to the development services department on a form prescribed by the development services director and shall be accompanied by a de- scription of the proposed number and type of animals and by a site plan to show details of the proposed enclosures or buildings and the location of existing structures on the premises. The location of the structures on adjacent parcels shall also be depicted on the site plan. The application shall be signed by the owner or custodian of the animal(s) and the owner of the property. The application shall be accompanied by the prevailing fee as established by the city council by resolution. (Ord. 2147 § 1 Exh. A (part), 1996.) 736-5 (Redding 9-96) ZONING • 18.71.070 Authority. The development services director or his designated representa- tive is authorized to grant animal pen -nits in accordance with proce- dures and findings of this chapter. In the granting of such animal permits, the development services director may impose such condi- tions as are deemed necessary to ensure compatibility with surround- ing uses and to preserve public health, safety and welfare. (Ord. 2147 § 1 Exh. A (part), 1996.) 18.71.080 Determination by director. Within five working days of receipt of a complete application, the development services director shall make a determination to either approve, conditionally approve or deny the animal permit. (Ord. 2147 § 1 Exh. A (part), 1996.) 18.71.090 Findings. • When approving any animal permit, the development services director shall find that the establishment, maintenance and/or keeping of animals for which the animal permit is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in or adjacent to the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property in such neighborhood. (Ord. 2147 § I Exh. A (part), 1996.) 18.71.100 Conditions. Whenever an animal permit is granted, the development services director may impose such conditions as are deemed necessary to protect the best interest of the surrounding area, neighborhood, or public. Conditions may include, but shall not be limited to, require- ments for a limitation on the number of animals permitted; for (Redding 9-96) 736-6 • • ANIMAL PERMITS • spraying of the premises for vector control; for maintenance of minimum distances to property lines or other residences; for compli- ance with county environmental health division requirements; for periodic review of the permit by the development services director; and such other conditions as the development services director may deem necessary to ensure compatibility with surrounding uses to preserve public health, safety and welfare. (Ord. 2147 § 1 Exh. A (part), 1996.) 18.71.110 Approval by director. If the determination is made by the development services director to approve or conditionally approve the animal permit, said approval shall be prepared in written form specifying the conditions and limitations that may be imposed in consideration for such approval. The determination of approval shall be sent by first-class mail to the applicant and to all owners of property within three hundred feet. The development services director's decision shall become final unless a written appeal is submitted to the development services director within seven calendar days of the date of mailing. (Ord. 2147 § 1 Exh. A (part), 1996.) 18.71.120 Appeal procedure. The applicant or any person may appeal the determination of the development services director to the board of administrative review within seven calendar days after such determination has been mailed. Such appeal may be made by filing a written notice of appeal in letter form to the development services director. If no appeal is taken within seven days after the findings and decision of the development services director have been mailed and posted on the city hall bulletin board, the decision of the development services director shall be final. 736-7 (Redding 9-96) ZONING • In the event an appeal is filed, the matter shall be set for hearing before the board of administrative review at its next regular meeting occurring not later than ten calendar days after the appeal is filed, and notice of the nature, time and place of said hearing shall be given by the development services director to the applicant, the appellant and the owners of property located within three hundred feet of the subject property by first-class mail at least five calendar days prior to the hearing. (Ord. 2147 § 1 Exh. A (part), 1996.) 18.71.130 Hearing before board of administrative review. The board of administrative review shall hear the appeal of an animal permit at the time and place set forth in said notice and may continue said hearing from time -to -time for the purpose of consider- ing further evidence. Not more than seven calendar days following the close of the hearing, the board of administrative review shall render its decision. The findings and decision of the board of admin- istrative review may be appealed as set forth in Chapter 18.70 (Use Permit—Appeal). (Ord. 2147 § 1 Exh. A (part), 1996.) 18.71.140 Revocation. Revocation of an animal permit shall be in accordance with procedures established in Chapter 18.76 (Revocation of Permit or Variance). (Ord. 2147 § 1 Exh. A (part), 1996.) (Redding 9-96) 736-8 • C, • VARIANCES Chapter 18.72 VARIANCES Sections: 18.72.010 Granted when. 18.72.020 Application. 18.72.030 Public hearing. 18.72.040 Action by planning commission. 18.72.050 Appeal. 18.72.060 Issuance. 18.72.010 Granted when. Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof, variances may be granted as provided in this chapter. (Prior code § 30-19(8).) 18.72.020 Application. Applications for variances shall be made in writing by the property owner to the planning commission on a form prescribed by the planning commission and shall be accompanied by the prevailing filing and investigation fee as established by the city council by resolution, and a written statement of the reasons justifying the variance together with plans and evidence showing the following: A. That because of special circumstances applicable to the subject property, including shape, size, topography, location of surroundings, the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity or under identical zone classification; B. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant; C. That the granting of the application will not, under the circumstances of the particular case, adversely affect to a • 737 (Redding 11-80) ZONING • material degree the health or safety of persons residing or working in the neighborhood of the subject property and will not be materially detrimental to the public welfare or materially injurious to property or improvements in the neighborhood of the subject property. (Ord. 1500 § 1(part), 1980.) 18.72.030 Public hearing. A public hearing shall be held within forty-five days after filing of application, notice of which shall be given not less than ten days prior thereto, by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to persons owning property within a distance of not less than three hundred feet from the exterior boundaries of the area actually occupied or to be occupied by the use which is the subject of the hearing. (Prior code § 30-19(10).) 18.72.040 Action by planning commission. • A. After the conclusion of the public hearing in order to grant any variance the planning commission shall make a finding of facts showing that all of the provisions of Section 18.72.020 are applicable to the variance applied for. If, in the opinion of the planning commission, such a finding of facts cannot be made upon the evidence received by the commission, the variance shall not be granted. B. The planning commission shall, in the case of any grant of a variance, impose such conditions upon the grant as shall assure that the variance so authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the city and zone, in which the subject property is situated. C. In addition, the planning commission may designate such conditions in connection with the grant of a variance as it deems necessary to fulfill the purposes of this title and may require such guarantees and evidence as it deems necessary to assure that all conditions imposed will be complied with. (Prior code § 30-19(1 1).) (Redding 11-80) 738 0 VARIANCES 18.72.050 Appeal. A. In case the applicant or others affected are not satisfied with the action of the planning commission, they may appeal in writing to the city council within ten days following the commission's decision. B. The city council shall set a date for a public hearing within forty-five days of the appeal and shall give notice thereof in the manner and form set forth in Section 18.72.030. C. The city council shall render its decision upon the appeal within thirty days following the conclusion of the public hearing. Failure of the city council to render an opinion within the thirty -day period shall be deemed to be an affirmation of the decision of the planning commission. D. Notice of an appeal and of the public hearing to be held on the appeal shall also be given to the planning commission, who shall submit a full report of all proceedings relating to the matter to the city council. (Prior code § 30-19(12).) • 18.72.060 Issuance. No building or zoning permit shall be issued in any case where a variance is required by the terms of this title until ten days after the granting of the variance, or in the event of an appeal to the city council, not until the appeal is concluded. In any event, no building or zoning permit shall be issued except in accordance with the terms and conditions of the variance granted. (Prior code § 30-19(13).) 0 739 (Redding 3-89) ZONING Chapter 18.73 ZONING EXCEPTIONS Sections: 18.73.010 Purpose. 18.73.020 Definition. 18.73.030 Categories. 18.73.040 Authority. 18.73.050 Findings. 18.73.060 Application. 18.73.070 Determination by director. 18.73.080 Conditions. 18.73.090 Approval of director. 18.73.100 Appeal procedure. 18.73.110 Hearing before board of administrative review. 18.73.120 Revocation. 18.73.010 Purpose. In order to provide flexibility necessary to achieve the ob- jectives of the zoning code, certain development standards are subject to relief by administrative review and the granting of a zoning exception. (Ord. 1877 § 3 (part), 1989.) 18.73.020 Definition. Zoning exceptions are minor modifications of the standards and restrictions of Title 18 where such modification will be compatible with adjoining property and consistent with the general plan. (Ord. 1877 § 3 (part), 1989.) 18.73.030 Categories. The following are areas for which an exception may be con- sidered: A. Fence Height. In any district, the maximum height of any fence, wall, hedge, or equivalent screening may be increased by a maximum two feet where the topography of sloping sites or a difference in grade between adjoining sites • • (Redding 3-89) 740 • n ZONING EXCEPTIONS warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, as generally provided by such fence, wall, hedge, or screening in similar circumstances. B. Side Yard and Rear Yard Setbacks. In any residential dis- trict, the planning director may decrease the minimum setback by not more than twenty percent where the pro- posed setback area or yard is in character with the surround- ing neighborhood and is not required as an essential open space or recreational amenity to the use of the site; where such decrease will not unreasonably affect abutting sites: or where such decrease on one side yard will be balanced by an equal or greater increase on the other side yard. C. Front Yard Setback. In any residential district, the planning director may decrease the minimum setback by ten percent where the proposed reduced setback will be balanced by an equal or greater setback at the other end of the same struc- ture, and provided no exception shall be granted for a garage that is designed to have vehicles back directly out into the street. Is In addition, the planning director is authorized to grant a five percent reduction in any setback requirement where construction has commenced and a mistake was made in the surveying or plans preparation, and it occurs not more than once in any calendar year for a particular builder, contrac- tor, or architect. D. On-site Parking. The planning director may authorize a reduction in the number of on-site parking spaces required for nonresidential uses so long as such reduction does not constitute more than a ten percent reduction of the required number of parking spaces, or a maximum of five spaces, whichever is less, and when it is proven that the re- duction will not result in a traffic hazard or impact the necessary parking for the use, is balanced by the saving of a mature tree, or preserves an equal number of on -street parking spaces that otherwise would be lost by a curb cut. E. Shade Trees in Parking Lot. The planning director may au- thorize a maximum twenty-five percent reduction in the number of shade trees required in a parking lot; provided, 0 740-1 (Redding 3-89) ZONING that the total number of trees required is provided in alter- nate locations on the site adjacent to the parking area. F. Lot Size. In any "R -I" zone, the planning director may au- thorize a maximum ten percent reduction in parcel area on parcels created by parcel map if two or more existing parcels within two hundred feet of the proposed parcel map are less than the minimum parcel size, and the proposed parcel is equal or greater in area than the existing parcels. G. Minimum Parcel Width for Flag Lots. The planning director may authorize a reduction in the width in the "flag" por- tion of an individual flag lot to a minimum width of fifteen feet when two flag lots are adjacent to each other, and the combined minimum width of the two "flags" is thirty feet. H. Building Separation. The planning director may authorize a reduction in building separation of up to twenty percent be- tween buildings on the same parcel if it results in an in- creased front yard or side yard setback on the property. The reduction may be applied to only one pair of buildings on the same parcel. (Ord. 1877 § 3 (part), 1989.) 18.73.040 Authority. The planning director or his designated representative is au- thorized to grant zoning exceptions in accordance with proce- dures and findings of this chapter. In the granting of such ex- ceptions, the planning director may impose such conditions as are deemed necessary to ensure compatibility with surrounding uses, to preserve public health, safety, and welfare and to enable the planning director to make the findings required by Chapter 18.73 and to further the intent of the general plan. (Ord. 1877 § 3 (part), 1989.) 18.73.050 Findings. The planning director shall make the following findings when approving any zoning exception: A. That application for the adjustment is necessary due to special circumstances or conditions pertaining to the prop- erty, or to the use thereon, and • (Redding 3-89) 740-2 is ZONING EXCEPTIONS B. That the proposed adjustment is necessary in order that the owner may not be unreasonably deprived of the proper use or enjoyment of the owner's property; and C. That the proposed adjustment would not be detrimental to the neighborhood in which the property is located; and D. That the proposed adjustment is consistent with the legis- lative intent of the zoning and development standards of this chapter that pertain to the subject property; and E. That construction has not commenced, except as provided in Section 18.73.030 (B); F. That not more than one exception is granted per parcel. (Ord. 1877 § 3 (part), 1989.) 18.73.060 Application. An application for a zoning exception shall be filed with the planning and community development department in a form prescribed by the planning director. The application shall state in writing the nature of the exception desired, and explain why • the findings necessary to grant the exception are satisfied. The applicant shall also submit plans delineating the requested ex- ception. The application shall be accompanied 'by a fee as es- tablished by resolution of the city council. (Ord. 1877 § 3 (part), 1989.) 18.73.070 Determination by director. Within five working days of receipt of a complete applica- tion, the planning director shall make a determination to either deny, approve, or conditionally approve the zoning exception, or refer it to the board of administrative review. If the applica- tion is referred to the board of administrative review, notifica- tion and determination of the board of administrative review hearing shall be as set forth in Section 18.73.100. (Ord. 1877 § 3 (part), 1989.) 18.73.080 Conditions. Whenever any exception is granted, the planning director or board of administrative review may impose such conditions 0 740-3 (Redding 3-89) ZONING as may be necessary to safeguard the interests of the neighbor- hood, and in all cases shall impose the following conditions: A. That the adjustment shall not become effective until seven calendar days from the granting thereof shall have elapsed, or, if an appeal is filed thereon, until final determination has been made on the appeal. B. That the adjustment shall become null and void if the privileges granted thereunder shall not have been utilized within one hundred eighty days from the effective date thereof. (Ord. 1877 § 3 (part), 1989.) 18.73.090 Approval of director. If the determination is made by the planning director that the approval of the adjustment is justified, said approval shall be prepared in written form specifying the nature of the adjustment, and reciting the facts and reasons how the necessary findings have been satisfied, and also reciting such conditions and limitations that may be imposed in considera- • tion for such approval. The determination of approval shall be sent to the applicant and to all owners of abutting property by first-class mail. The planning director's decision shall become final unless written protest is submitted to the planning direc- tor within seven calendar days of the date of mailing. (Ord. 1877 § 3, 1989.) 18.73.100 Appeal procedure. The applicant or any person may appeal the determination of the planning director to the board of administrative review within seven calendar days after such determination has been mailed. Such appeal may be made by filing a written notice of appeal in letter form with the planning director, together with an appeal fee established by resolution of the city council. If no appeal is taken within seven days after the findings and decision of the planning director have been mailed and posted on the City Hall bulletin board, the decision of the planning director shall be final. In the event an appeal is filed, the matter shall be set for (Redding 3-89) 740-4 0 ZONING EXCEPTIONS hearing before the board of administrative review at its next regular meeting occurring not later than ten calendar days after the appeal is filed, and notice of the nature, the time, and the place of said hearing shall be given by the planning director to the applicant, the appellant and the owners of abutting property by fust -class mail at least five calendar days prior to the hearing. (Ord. 1877 § 3 (part). 1989.) 18.73.110 Hearing before board of administrative review. The board of administrative review shall hear the appeal at the time and place set forth in said notice, and may continue said hearing from time -to -time for the purpose of considering further evidence. Not more than seven calendar days following the close of the hearing, the board of administrative review shall render its decision. The findings and decision of the board of administrative review may be appealed as set forth in Chap- ter 18.70. (use permit — appeal). (Ord. 1877 § 3 (part), 1989.) 18.73.120 . Revocation. Revocation of a zoning exception shall be in accordance with procedures established in Chapter 18.76 (revocation of permit or variance). (Ord. 1877 § 3 (part), 1989.) 0- 740-5 (Redding 3-89) ZONING • Chapter 18.74 APPEALS Sections: 18.74.010 Power. 18.74.020 Appeal to city council. 18.74.030 Report by commission. 18.74.040 Council decision. 18.74.010 Power. The planning commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this title. (Prior code § 30-19(14)(a).) 18.74.020 Appeal to city council. In case an applicant is not satisfied with the action of the planning commission on his appeal he may, within ten days, appeal in writing to the city council. (Prior code § 30-19(14)(b).) 18.74.030 Report by commission. Notice shall be given to the planning commission of such appeal and a written report shall be submitted by the planning commission to the city council setting forth the reasons for action taken by the commission or the commission shall be represented at the council meeting. (Prior code § 30-19(14)(c).) 18.74.040 Council decision. The city council shall render its decision within thirty days following the council meeting at which it considers the testimony of the appellant and the written or oral report of the planning commission relating to the appeal. If no decision is rendered by the council within the prescribed thirty days, the action of the planning commission shall be deemed to be affirmed. (Prior code § 30-19(14)(d).) (Redding 3-89) 740-6 is • REVOCATION/EXPIRATION OF PERMIT OR VARIANCE Chapter 18.76 REVOCATION/EXPIRATION OF PERMIT OR VARIANCE Sections: 18.76.010 Expiration. 18.76.020 Revocation. 18.76.030 Revocation hearing. 18.76.010 Expiration. Any use permit, administrative use permit, site plan review permit, variance, or zoning exception is null and void without further action by the city if the activity or the use for which the permit, variance, or exception was granted has not been actively and sub- stantially commenced within two years of the date of approval or the date that any disapproval was reversed on appeal. No extensions of time shall be granted beyond the two-year time frame. (Ord. 2129 is § 1 (III) (part), 1995.) 18.76.020 Revocation. Any use permit, administrative use permit, variance, zoning exception, or animal permit (pursuant to Chapter 7.04 of this code) granted in accordance with the terms of this title may be revoked if any of the conditions or terms of the pen -nit or variance are violated, or if any law or ordinance is violated in connection therewith. (Ord. 2129 § 1 (III) (part), 1995.) 18.76.030 Revocation hearing. The planning commission shall hold a hearing on any proposed revocation after giving notice to the permittee at least ten days prior to the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to all persons owning property within a distance 0 741 (Redding 10-95) ZONING • of not less than three hundred feet from the exterior boundaries of the area actually occupied or to be occupied by the use which is the subject of the hearing. (Ord. 2129 § 1 (III) (part), 1995.) Chapter 18.78 AMENDMENTS Sections: 18.78.010 Authorization. 18.78.020 Initiation. 18.78.030 Public hearings. 18.78.040 Planning commission action. 18.78.050 City council action. 18.78.060 Amendments to general plan. • 18.78.010 Authorization. This title may be amended by changing the boundaries of districts or by changing any other provisions thereof, whenever the public convenience and necessity and the general welfare require such amendment, by following the procedure of this chapter or temporary interim zoning ordinances may be adopted under the conditions required by and in accordance with the procedures estab- lished by the general law of the state. (Prior code § 30-21 (part).) 18.78.020 Initiation. An amendment may be initiated as follows: A. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by the prevailing fee as established by the city council by resolution, no part of which shall be returnable to the petitioner, (Redding 10-95) 742 • • AMENDMENTS B. Resolution of intention of the city council; or by C. Resolution of intention by the planning commission. (Ord. 1500 § 1 (part), 1980.) 18.78.030 Public hearings. A. The planning commission shall hold at least one public hearing on any proposed amendment and shall give notice thereof by at least one publication in a newspaper of general • 0 742-1 (Redding 10-95) LJ AMENDMENTS circulation within the city, at least ten days prior to the hearing. B. In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any district to any other district, the planning commission shall give additional notice of the time and place of the hearing and of the purpose by a mailing made not less than ten days prior to the date of the first of the hearings to the owners of the property within a radius of three hundred feet of the exterior boundaries of the property to be changed, using for this purpose the last known name and address of the owners as shown upon the assessment roll of the county. The notice shall contain a statement setting forth a general description of the property involved in the proposed change of district, the time and place at which the public hearing on the proposed change will be held, and any other information which the planning commission may deem to be necessary. C. Any failure to mail postal notices as set forth in this section shall not invalidate any proceedings for amendment of this title. (Ord. 1836 § 1, 1988; prior code § 20-21(2).) 18.78.040 Planning commission action. Following the hearings set out in Section 18.70.030, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the city council an attested copy of the report within ninety days after the notice of the first of the hearings; provided, that the time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the planning commission so to report within ninety days without the agreement required in this section shall be deemed to be approval of the proposed amendment by the planning commission. (Prior code § 30-21(3).) 18.78.050 City council action. A. Upon receipt of the report by the planning commission or 0 743 (Redding 4-88) ZONING upon the expiration of the ninety days as set out in Section 18.78.040, the city council shall set the matter for public hearing and shall give notice of the public hearing and of the proposed amendment by at least one publication in a newspaper of general circulation within the city at least ten days prior to the hearing. After the conclusion of the hearing, the city council may adopt the amendment or reject it. If the council elects to modify the proposed amendment in any manner, it shall return the proposed modification to the planning commission for a report and shall not adopt the modification until either. the report of the planning commission has been filed with the council or until sixty days have elapsed after the council has referred the modification to the planning commission for the report. B. The decision of the city council shall be rendered within sixty days after receipt of the report and recommendation from the planning commission or after the planning commission has failed to report within the time limits established in this section. (Prior code § 30-21(4).) 18.78.060 Amendments to general plan. Amendments to the general plan of the city shall follow the same procedure as that provided for amendments to this title. If an amendment to the general plan is initiated by one or more owners of property affected by the proposed amendment or by registered voters of the city, it shall be commenced by the submission of a verified petition signed by the owners or registered voters, which shall be filed with the planning commission and shall be accompanied by the prevailing fee as established by the city council by resolution, no part of which shall be returnable to the petitioner or petitioners. (Ord. 1500 § I (part), 1980.) (Redding 488) 744 0 • ENFORCEMENT Chapter 18.80 ENFORCEMENT Sections: 18.80.010 Conformance required. 18.80.020 Building inspector. 18.80.010 Conformance required. All departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this title and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void. (Prior code § 30-23(a).) 18.80.020 Building inspector. It is the duty of the building inspector of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, altering or addition to any building or structure; and, his duty and authority in this regard shall include the issuing of stop work orders, and requiring of surveys when property lines at building sites cannot be established with reasonable certainty. (Prior code § 30-23(b).) is 745 (Redding 6-91) ZONING Chapter 18.90 SIGNS Sections: 18.90.010 Purposes. 18.90.020 Definitions and interpretation. 18.90.030 Application and review process. 18.90.040 General sign regulations. 18.90.050 Regulations for certain types of signs noted in Table No. 2. 18.90.060 Sign regulations for "U" unclassified and combining districts and area or specific plans. 18.90.070 Comprehensive sign plan. 18.90.080 General sign construction standards. 18.90.090 Exempted signs. 18.90.100 Prohibited signs. 18.90.110 Nonconforming signs. 0 18.90.120 Illegal on -premises signs. 18.90.130 Abatement and removal of illegal signs. 18.90.140 Violation—Penalty. 18.90.010 Purposes. The purposes of these sign regulations are: to encourage the effective use of signs as a means of communication in the city; to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of ' these sign restrictions. The ordinance codified in this chapter is adopted under the zoning authority of the city in furtherance of the more specific purposes set forth in the zoning ordinance of the Redding Municipal Code. (Rodding 6-91) 746 • • SIGNS Applicability—Effect. A sign may be only erected, placed, established, painted, created, or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this chapter. The effect of this chapter as more specifically set forth herein is: A. To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones subject to the standards and the permit 18.90.020 Definitions and interpretation. A. Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not 0 746-1eddin (R s &91) procedures of this chapter; B. To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located subject to the substantive requirements of this chapter, but without a requirement for permits; C. To prohibit all signs not expressly allowed by this chapter; D. To provide for the enforcement of the provisions of this chapter; E. To regulate the size, type, and location of signs; F. To require a permit to ensure the proper application of the sign ordinance; G. To establish reasonable fees to offset costs associated with each sign application review, sign enforcement, and sign regulation; H. To require a site plan and elevation(s) which illustrate and explain the requested signage and its proposed location; I. To address aesthetic concerns and encourage advertising signs to complement architectural features through design -review and structural evaluation by the building department; J. To avoid sign clutter; and K To encourage sound signing practices as an aid to business. (Ord. 1947 § 2 (part), 1991.) 18.90.020 Definitions and interpretation. A. Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not 0 746-1eddin (R s &91) ZONING C, defined in this section but defined in the zoning ordinance of the city shall be given the meanings set forth in such ordi- nance. Principles for computing sign area and sign height are contained in Section 18.90.040. The maximum sign area for each type of sign is regulated by zoning district in accordance with Tables 1 and 2 of this chapter. B. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this chapter. Any sign not regulated by this chapter or the zoning code is prohibited unless approved by the planning commis- sion. For purposes of clarification, the city's Sign Design Manual may be used to further exemplify the meaning of the following definitions, but shall not change the literal meanings of this chapter or its definitions. "Abandoned sign" means any advertising display which • was lawfully erected, but whose use has ceased, or the struc- ture upon which the sign was displayed has been abandoned by its owner, for a period of not less than thirty days. "Accessory sign" means a secondary -in -purpose sign that provides on-site information concerning the business which is not indicated on the primary identification sign(s) such as store hours, accepted credit cards, quality ratings or affiliations, vacancies, parldng, and traffic direction. "Advertising" means any promotion primarily intended to attract attention to goods or services rendered upon property whereupon the advertising is occurring. "Aggregate sign area" means the total area of all signs on a lot including temporary promotional signs. "Animated sign" means any sign that has mechanical movement, rotation, or change of lighting to depict action or create a special effect or scene. "Approved combustible materials" means wood or materials not more combustible than wood. (Redding &91) 746-2 0 • • SIGNS "Approved combustible plastics" means plastics which, when tested in accordance with ASTM standard method of testing for flammability of plastics over 0.050 -inch thickness (D635-44), bum no faster than 2.5 inches per minute in sheets of 0.06 -inch thickness. "Appurtenant sign" means a sign pertaining to the business or activity carried on at the premises (lot) upon which the sign is located, constricted, or erected. "Architectural feature" means a prominent or characteristic part of a building. Examples of architectural features are win- dows, columns, awnings, marquees, and fascias. "Art" means the result of conscious, and sometimes intuitive, production or arrangement of color, form, lines, dark and light values, and other elements to create a sense of beauty, as deter- mined by the board of administrative review (BAR), the plan- ning commission, or the city council. "Awning" means a cloth, plastic, or other flexible nonstruc- tural covering that is either permanently attached to a building or can be raised or retracted to a position against the building when not in use. "Awning sign" means a sign incorporated into or attached to an awning or canopy. "Banner" means a sign of temporary constriction made of vinyl, canvas, or equally similar flexible material. "Beacon" or "searchlight" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. "Billboard" means a freestanding, off-site sign made avail- able for lease or rent and/or governed by the Outdoor Advertising Act. "Canopy" means a permanent roof -like shelter, either free- standing or supported by a building. "Canopy sign" means any advertising of any nature which is painted, printed, sewed or otherwise attached to a canopy. 746-3 (Redding 11-92) ZONING • "Changeable copy sign" means a sign on which the copy changes manually or automatically using, but not limited to a lamp bank or through mechanical means. This includes, but is not limited to, electronic message boards, large television or projector screens (i.e., Sony JUMBO/tron and similar devices), electrical and electronic time and temperature units. Conforming Sign. A sign shall be said to conform when it meets all the standards and regulations established by this chap- ter and the Uniform Building Code as adopted by the city. "Copy" means any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof which relates to advertising, identification, or notification. "Design review manual" means a policy document with graphics and text that is used by the city to further clarify the meaning of this chapter and to judge the appearance and accept- ability of proposed signs and murals which require design review as part of permit approval. "Detached sign" means a pole, monument, or shopping • center identification sign. "Directional sign" means an on-site accessory sign designed to guide or direct pedestrian or vehicular traffic. "Donor" means any person, group of people, organization(s), or business(es) who finances a building mural. "Double frontage lot" means a parcel having lot frontage on two or more streets. "Electrical code" means the electrical code of the city. "Electronic message board" means a sign that uses lighting to advertise goods and services and has the capability (Redding 11-92) 746-4 C • SIGNS of changing the advertising message several times during a single hour (refer to "changeable copy sign"). "Enforcement officer" means the public employee(s) or officer designated by the planning director to perform the duties imposed by this chapter on the enforcement officer. "Flag" or "patriotic symbol" means any fabric, banner, or bunting containing distinctive colors or patterns recognized by the Congress of the United States as an American or state flag, also govemment and flags of state -recognized political subdivisions. "Illegal sign" means a sign which (1) was erected without first complying with all ordinances and regulations in effect at the time of its construction; (2) was legally erected but whose use has ceased or has been abandoned, has not been maintained, or is not used to identify or advertise a business for thirty consecutive days or more; (3) was legally erected but • which later became illegal as a result of the completion of the amortization period; or (4) is a sign which is a danger to the public, is unsafe, or is a traffic hazard. "Illuminated sign" means a sign with an artificial light source incorporated intemally or externally for the purposes of illuminating the sign. Lighting methods include: Internal - incorporated into the sign and illuminating from within. External - exterior lighting located on the sign face. Indirect - exterior lighting directed to illuminate the face of a sign. Flashing - lights which blink on and off, randomly or in sequence. "Logo" means a graphic symbol, picture, image, or lettering used repeatedly by a business in connection with other advertising to promote the sale of goods and services by the owner of the logo. r� 746-5 (Redding 6-91) ZONING • "Lot" means a parcel or portion of land separated from other parcels or portions by description as on a final or parcel map or by metes and bounds for purpose of sale, lease, financing, or separate use. A parcel created by the county tax assessor solely for tax purposes shall not be considered a lot. "Lot area" means the improved area of a lot including irrigated landscaping, paving, and building coverage that is used in conjunction with lot frontage to determine the maximum sign area of a lot. "Lot frontage" means the length of improved property on a lot that is bordered by an improved public street. Lot frontage, in conjunction with lot area, is used to calculate the maximum sign area per lot. Lots bordering major arterial streets, highways, or Interstate 5 which have buildings that do not front said right-of-way shall not be considered to have lot frontage on that right-of-way. For lots without frontage (including frontage limited to driveway access) the net lot area . may be used to calculate the maximum sign area. "Marquee" means a permanent roofed structure attached to and wholly supported by a building which may project beyond the building. "Marquee sign" means any advertising matter of any nature which is attached to a marquee. "Monument sign" means a detached sign with a solid base equal to or greater than the length of the sign copy and connected solidly to and arising from the ground. Mural. Refer to "wall mural." "Nameplate" means a sign which displays only the name, address, and occupation of the occupant of the premises, is illuminated, and does not exceed four square feet. "Nonconforming sign" means an existing sign that does not meet the requirements of this chapter but was erected in conformance with the regulations of a previous sign ordinance and has been in continual use since its establishment. (Redding 6-91) 746-6 C� • • SIGNS "Off-site sign" means a sign located off the premises indicated by said sign. This does not include billboards. Any sign which advertises a business no longer on the lot where the sign is located and where the business has relocated elsewhere in the city or county shall be considered an off-site sign and must meet the requirements of this chapter otherwise such sign shall be illegal. "On-site sign" means a sign which designates the activities and uses of the premises on which it is located. On- site sign is also known as an appurtenant sign. "Pennant" means any all-weather lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. "Pole sign" means a detached sign which is supported by one or more uprights, poles, or braces in or upon the ground or by a structure other than a building which meets the height, size, landscaping, location, and illumination requirements of this chapter. A pole with an advertising flag having sign copy or logo shall be considered a pole sign. "Portable sign" means a sign other than a temporary approved sign not permanently attached to the ground or building and used for on-site or off-site advertisement purposes. Portable signs include, but are not limited to, signs displayed on vehicles, trailers, and A -frame signs. "Projecting sign" means a sign which is suspended from or supported by any building or structure and which projects outward from the supporting structure. An extended wing wall may be considered a projecting sign if it has advertising and does not serve a structural purpose. "Promotional temporary signs" means signs which may be constructed of all-weather material including vinyl, canvas, or similar material, and are intended for, but are not limited to, 746-7 (Redding 6-91) ZONING • the intended uses of a contractor, builder, realtor, political group, and retail -store owners including grand openings, going -out -of -business and special promotional sales, and public-service promotions. "Public service, seasonal, or special community event signs" means temporary signs used for special occasions which are installed for a speck limited period of time established by this chapter. "Real estate development sign" means a temporary off-site sign advertising the sale or lease of newly developed residential subdivisions, residential condominiums, and residential planned developments containing at least five lots or at least ten dwelling units. A sign advertising for projects less than the number of lots or units noted above is defined as a "real estate sign." "Real estate sign" means a temporary sign advertising the sale or lease of a lot or parcel of land or any portion thereof upon which the sign is located. "Roofline" means the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette. "Roof sign" means a sign located on or attached to the roof of a building. "Shopping center identifier or locator sign" means a detached appurtenant sign larger than a pole sign in height and area which identifies the name of a shopping center having at least three hundred thousand square feet of enclosed retail floor area. Such signs are intended to be viewed from adjacent four -lane to six -lane arterial traffic. "Sign" means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, identify the purpose of a person or entity, or communicate information of any kind to the public. Sign Area. In computing the maximum permissible sign area or display surface, standard mathematical formulas for (Redding 6-91) 746-8 • • SIGNS known or common shapes will be used. In the case of irregular shapes, straight lines drawn closest to the extremities of the shape will be used. The structure or structure cover supporting a sign shall not be included in determining the sign area unless the structure or structure cover contains advertising copy. The area of double -face signs shall be computed by using one side, and multifaced signs shall be the total sum of all display surfaces. The sign copy of a multifaced sign can be viewed from one position. For balloons and dirigibles, the advertising area shall be based on the largest cross-sectional area of grouped or individual (ungrouped) balloons. "Sign height" means the vertical distance measured from the grade of the nearest street curb, natural or finished grade, or street grade other than on elevated roadway to the uppermost point of the sign or structure. "Sniping" means advertising by the pasting, posting, O sticking, tacking, hanging, affixing, or placing on cloth, paper, or cardboard bills, cards or posters, or metal signs, to or upon fences, posts, trees, buildings, structures, other than outdoor advertising structures. Sniping is unlawful within the city. This definition shall not be held to include any sign or notice issued by any court or public office or posted by any public officer in performance of a public duty or by a private person in giving a legal notice, or any cloth, paper, or cardboard sign advertising for sale or lease the property upon which it stands or any type of sign permitted elsewhere in this chapter. "State-of-the-art sign design" means sign technology which includes, but is not limited to, electronic message boards, Sony JUMBO/tron, etc., that develops or occurs following the adoption of the sign ordinance codified in this chapter. "Supergraphic wall sign" means wall advertising with large lettering, business logos, and/or murals that include any advertising message relating to the goods and services sold by the owner of the sign. This type of wall sign sometimes 4 746-9 (Redding 6-91) ZONING includes a single contrasting band of color, or bright bands of color, or lines that are connected to the wall graphics, physically or visually; and if the bands of color and/or lettering, business logos, and murals extend onto the surface of another wall or side of the building, the bands of color or lines may be considered part of the supergraphic wall sign for the purpose of sign measurement. Where there is at least a five- foot separation between the advertising and graphic, then the graphic may not be considered as supergraphic. "Temporary sign" means a sign not constructed or intended for long-term use. The maximum frequency and length of display shall be as set forth in Table No. 2, Section 18.90.050 of this chapter. Temporary signs include, but are not limited to, banners, displays for public-service promotions, on- site or off-site real estate signs and construction signs, balloons and dirigibles, beacons and searchlights, political signs, and window -painted signs. • "Time and temperature sign" means a sign which provides information about time and temperature in the public's interest without transmitting any advertising message. Wall Mural. "Mural" applies to representative or nonrepresentative art. Murals usually depict a well-known local landscape scene, are not used as a logo, and do not contain any lettering or numbering relating to the goods or services sold by the owner of the mural. A wall mural may occupy the same wall surface with any type, company dame, or logo, but these advertising messages shall have their own field and shall not physically overlap or be included within the viewing field of the mural. When a mural lacks a border, then the entire contrasting color surface of the wall may be considered as the entire sign area. "Wall sign" means a sign which is attached to or placed directly into a parapet or wall of a building. This includes, but (Redding 6-91) 746-10 0 • SIGNS is not limited to, signs supported by a wall, painted signs, supergraphics, murals, etc. "Window sign" means any sign, picture, symbol, or combi- nation thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or within twelve inches of the window surface or upon the window panes or glass and is visible from the exterior of the window. (Ord. 2012 § 6 (I), 1992; Ord. 1947 § 2 (part), 1991.) 18.90.030 Application and review process. A. Permit Required. No sign shall be erected, placed, displayed, enlarged, or altered within the city unless provided for by this chapter by permit, exemption, or specific regulation as noted in Table No. 2 and Section 18.90.050. B. Administrative Permits. The procedure for processing administra- tive permits shall be the same as set forth in Chapter 18.51 of this code. C. Application and Permit Process. 1. A completed city planning application is required for all use permit and administrative permit applications. Two types of scaled plans (a site plan and an elevation) and a fee shall accompany a completed application form. 2. The application and plans shall contain sufficient informa- tion to depict the proposed sign as well as all other proposed and existing signing on the same premises. The information shall be sufficient enough to allow for the competent evalua- tion of the proposed sign's conformance with the sign ordinance. a. All signs noted in Table 2 of this chapter with a require- ment for a permit shall require BAR approval prior to being erected, placed, altered, or moved to ensure com- pliance with the provisions of this chapter. • 746-11 (Redding 11-92) ZONING E. F. b. The type of permit and review needed for various signs shall be as stated in Section 18.90.050 of this chapter. The planning commission or BAR may refer any sign project pending a permit to the BAR for approval or recommendation. If the planning director is uncertain about whether an application is needed then the BAR may make this determination. c. Administrative sign permits may be issued by the plan- ning department. Sign Processing Fees. The city council shall, by resolution, establish reasonable fees to cover the administrative costs of each sign review, permit processing and appeal process. Changes in fees may be made as necessary by further resolution. Permit Issuance. It shall be the duty of the BAR, or a designated administrative agent, upon the filing of an application for a sign permit, to investigate the application. If the proposed sign is in compliance with all the requirements of the sign ordinance and the city zoning regulations, the BAR may issue the permit. Authority. 1. The BAR shall study, make findings and recommendations and approve sign applications referred to it by staff, the planning commission, and the city council. 2. In considering sign applications, the BAR shall consider the goals, objectives, policies, and design guidelines of the city's sign design manual. The BAR shall abide by the regulations of this chapter and consider specific zoning -district require- ments including overlay zones, combining districts, and specific and neighborhood plans. 3. Sign approvals and recommendations of the BAR shall be based on specific design criteria adopted by the city. If the BAR finds that the proposed sign is objectionable for aes- thetic reasons, then the BAR may deny the application, provided it first makes specific findings based on the pur- pose of the ordinance and the goals and standards of the BAR. The BAR shall also consider zoning district, overlay zones, or other applicable city plans and ordinances. (Redding 11-92) 746-12 • • • • SIGNS G. Administration. 1. This chapter shall be administered by the planning director who is authorized to promulgate procedures consistent with the purpose of this chapter and is further empowered to delegate the duties and powers granted to and imposed upon him. 2. The chief building official shall be responsible for adminis- tration and enforcing all construction requirements and provisions of the Uniform Building Code of the city and its subsequent amendments and the construction requirements of this chapter. (Ord. 2012 § 1 (II), 1992; Ord. 1947 § 2 (part), 1991.) 18.90.040 General sign regulations. A. Maximum Sign Area for Each Lot. The maximum sign area for each lot shall be based on the scaled relationship between the • lot's street frontage and area in accordance with the sign -area limitations of the lot's zoning district. The most restrictive of the lot's frontage and area of Table No. 1 of this section shall determine the maximum sign area for the entire lot. The mathe- matical expressions for Table No. 1, shall be as follows: starting with a street frontage of fifty feet and area of six thousand five hundred square feet, for each twenty feet of additional street frontage (on the same street) together with each two thousand square feet of lot area, additional increments of sign area accord- ing to the zoning districts noted in Table No. 1 shall be permit- ted to face any one adjacent street in any one direction provided that no sign or cluster of signs on the lot shall exceed the maxi- mum sign area for any one sign as set forth in Table No. 2 of this section. The incremental sign -area increases are uniform except for the "C -O" commercial office district where the in- crease ceases at a maximum sign area of two hundred square feet for a lot with a frontage of six hundred ten feet or an area 0 746-13 (Redding 1-93) ZONING of sixty-two thousand six hundred square feet; thereafter, regard- less of the frontage and lot area, the maximum sign area shall be two hundred square feet. Ten percent of the allowable sign area per lot shown on Table No. 1 shall be reserved for tempo- rary promotional advertising including banners and window - painted signs. INCREMENTS OF ADDITIONAL SIGN AREA ACCORDING TO ZONING (See Table No. 1) ZONING DISTRICT "R4" multiple family district "C -O" commercial office district "C-1" neighborhood commercial district and "P-1" planned industrial district "M-2" industrial district and "C-3" heavy commercial and light manufacturing district "C-2" central commercial district "C4" retail core commercial district and "C-6" limited service commercial district ADDITIONAL SIGN AREA INCREMENT 3 square feet 5 square feet 5 square feet 15 square feet 20 square feet • (Redding 1-93) 746-14 0 • • SIGNS Interpretation of Table No. 1. 1. Lots in "U" unclassified district shall be given the equivalent sign area of the appropriate zoning district based on the General Plan classification and the approved land use of the lot. 2. Approved integrated or planned developments consisting of several proposed or existing lots may be given the maximum sign area based on a single lot and approval of the planning commission. 3. If the lot does not have street frontage, then the lot -area column of Table 1 shall be used to detennine the maxi- mum sign area per lot. B. Maximum Sign Area and illumination of Each Type of Sign by Zoning District. The maximum sign area for each type of sign shall be based upon Table No. 2 of this section. Table No. 2 indicates whether or not a permit is required by letters "P" meaning a permit is required and "Y" meaning "Yes" the sign is allowed without a use permit. The maximum sign area for each type sign Table No. 2 is preceded by an equal sign. Refer to the following sections for regulations on each type of sign: 1. Definitions — Section 18.90.020; 2. Maximum number of signs per lot — Section 18.90.040(C); 3. Maximum sign height — Section 18.90.040(D); 4. Maximum sign setback — Section 18.90.040(E); 5. Regulations for certain types of signs — Section 18.90.050; 6. General sign construction standards — Section 18.90.080. 746-15 (Redding 6-91) ZONING TABLE--. MAXIMUM TOTAL SIGN AREA PER LOT BASED ON LOT AREA AND STREET FRONTAGE The maanan sqn also a aw mraa by "Ong the lors seset tronmge reamer or tnww lot) to Column 01 ane the fors atm to CaYrml R: ern 1ne Vile aocivionaa xanmq asmot for me al. 'he masvnum sign area is Then Dawe on tm most Immcme ra to tm eearrrorWla: bt also also street frontage. 10% of the maatmum sgn•aree atbmnon snail be reserved for temoolsrr o/0n1m1i1 aererawn, Area Deannmana Zonmq Oisa,oa Lot Fpnage Lot Ansa R4 CO I CI 8 PI I M2 6 C3 I C2. Ca a C6 s0 I 5.500 70 60 90125 1� 70 8.500 33 65 95 140 195 !' 90 10.500 36 70 100 155 215 110 12.500 79 75 105 170 2>6 130 14.500 42 80 1 10 165 2 5 150 16.500 45 85 115 200 275 170 tB. Soo 48 90 120 215 295 190 20.500 51 95 125 270 315 210 22.500 54 100 170 245 335 270 24.500 57 105 175 260 355 250 26.500 60110 140 275 375 270 28.500 63 1115 145 290 0 90 2.500 )0 66 120 150 705 4u 310 32.500 69 125 Im 32D 330 74.500 72 130 160 335 LS 350 36.500 7S 135 186 350 475 370 38.500 78 140 170 765 i 390 40.500 81 145 175 380 SIS 410 42.500 84 ISO 18D 395 S� 470 44 500 87 ISS 185 410 9550 4 x6.500 90 160 190 a25 576 170 46.500 93 165 195 440 5E 190 50. Soo 96 170 200 455 615 510 .2.500 99 175 206 aro 405 sm 54 .500,02 +so 210 495 am 550 1 56 500 105 195 215 Soo 675 570 56.500 108 190 220 51S 05 590 60.500 111 195 225 sm 7115 610 62.500ttl 200 230 545 775 630 64.500 ,17 200 235 560 755 650 66.500 120 200 240 575 775 670 68.500 127 200 245 590 795 690 '0.500126 200 250 605 615 710 00 72.529 1 200 2S5 620 835 730 74 SW 132 200 260 635 866 i 750 76.500 135 200 265 650 675 770 ,'8.500 138 200 270 665 886 790 80. S00 141 200 273 680 9t5 610 82. 500 144 2 00 280 695 905 am 84.500 147 200 285 710 955 660 66.500ISO 200 290 725 975 870 68.500 ,S3 200 295 740 9116 ago 90.500 156 200 300 755 1015 910 92.500 159 200 705 770 1005 930 94 SIX162 200 710 765 1 CSS I 950 96.500 165 200 715 am ! 075 970 98.500 168200 720 815 1095 990 ,00.500 171 200 325 830 1 115 t 010 ,02.500 ,74 200 330 "S , 715 1 030 ,04 500 177 200 775 860 1 TSS ! t 050 ,06.500 tso 200 340 875 171-5 070 I 708500 183 200 745 990 ! t9s 090 I 710.5 00 196 200 350 905 1 215 110 , 1 2.500 189 200 755 920 1 275 ! t 130 t 114 Soo 192 200 760 935 1 255 1 t 150 :16.500 195 200 365 950 1 275 t 170 t 18.500 196 200 770 965 ' 295 t 190 , 205 201 200 775 960 I t 315 ' 210 I 1 22.500 204 200 ]80 995 I 1 715 t 230 I 124 500 207 200 ]85 t 010 1 355 t 250 I 126100 210 200 390 t 025 1 375 , t 270 I t Z8 500 213 200 ! 295 I 1 040 l 795 (Redding 6-91) 746-16 • .7 0 � ; . I• |� � SIGNS } ! � � ! ! � ! § � ! |f f � } � ! � 2|� �§ !� I,I!!| �t |�i �■ lid 2 .� . ,•I |, � ; . I• |� � SIGNS 746-17 (Redding 6-91) �\ I,I!!| !■�! � 2 .� . ,•I |, .� !2@L |! !! ! | -� ■�l-� � -- -- hi - a� � !• . ■�L! � !i E■ - � }� ■ !_ � ' I 'i i - 746-17 (Redding 6-91) ZONING Redding 6-91) 746-18 r� 0 • SIGNS 0 C. Maximum Number of Detached Appurtenant Signs Per Lot (Pole, Monument, Identifier, and Accessory Signs). 1. Pole and Monument Signs. Except as provided for in this section, each lot shall be limited to a maximum of one pole sign which may be supplemented with additional monument signs pursuant to the zoning restrictions of Table Nos. 1 and 2 of this chapter and the following provisions: a. A monument sign may be substituted in place of a pole sign. b. Interior lots with improved double street frontage and with multiple licensed businesses shall be limited to one pole or monument sign per frontage provided the signs have the same street orientation of the businesses they advertise. c. Multiple street -frontage credit for additional monument signs shall not be applied to any one single frontage. d. Each lot is allowed one monument sign for each street frontage provided there is not a pole already facing the frontage. Comer lots are allowed a combination of a monument sign and pole sign provided there is at least fifty feet of separation between the signs. e. Each shopping center of fifty thousand or more square feet in floor area shall be limited to one monument sign for each three hundred feet of improved street frontage; provided, that there is at least one hundred -foot separa- tion from any other on-site sign, but in no case shall a shopping center be permitted to have more than a total of three monument signs or two monument signs and one pole sign. 2. Shopping Center Identifier Signs. Each shopping center consisting of at least three hundred thousand square feet of enclosed retail floor area shall be limited to one detached pole identifier sign pursuant to the zoning restrictions of Table Nos. 1 and 2 of this chapter and the following provi- sions: 746-19 (Redding 11-92) ZONING • a. Shopping centers with an identifier sign shall not be entitled to a pole sign. b. Shopping centers shall not be given credit for additional pole signs based on multiple street frontage. c. Shopping center identifier signs shall require a use permit and may require a design review approval by the BAR if referred by the planning commission. 3. Directional Accessory Signs. Each lot is allowed two de- tached accessory signs that direct on-site circulation provided the signs do not reference products or prices. Additional accessory -directional signs may be allowed by administrative permit. 4. Price, Product, and Service Accessory Signs. Shall be incor- porated into the design of wall, pole, or monument signs at the time a project is approved. Existing businesses or new uses shall be limited to one six -square -foot detached acces- sory sign per lot provided the sign does not obscure other • signs or the vision of motorists. One additional detached sign may be approved by an administrative use permit. D. Maximum Height of Signs. 1. Computation of Height. The height of a sign shall be com- puted as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) the existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is more restrictive. (Redding 11-92) 746-20 • • SIGNS 2. Pole Signs. These signs shall not exceed twenty-five feet in height except that an additional one foot in height may be allowed for each three square feet in area above ninety square feet; provided, that no sign shall exceed a maximum height of thirty-five feet. 3. Monument Signs. Monument signs, including temporary real estate signs, shall not exceed six feet in height. 4. Shopping Center Identifier Signs. These signs shall not exceed thirty-six feet. An additional one foot in height is allowed for each five square feet above ninety square feet for a maximum height of forty feet. 5. Accessory Signs. Traffic -directional signs shall not exceed four feet in height, and price and product accessory signs shall not exceed five feet in height. 6. Roof and Mansard Signs. Roof signs shall not project above the roof peak or parapet wall nor above the maximum height allowed for the zoning district. Mansard signs shall not • project above the mansard. The bottom of roof signs shall be mounted flush with surface of the roof and shall not interrupt roof lines or other major architectural features. 7. Wall and Temporary Banner Signs. Wall signs shall not extend above the top of the wall or parapet structure. E. Sign Setback for Detached Signs. • 1. Pole Signs. The support structure for a pole sign shall be set back a minimum of five feet from all property lines, and no portion of the sign shall project over the property line. The maximum diameter or horizontal distance across a support structure and its enclosure shall not exceed three feet in any one direction. 2. Shopping Center Identifier Signs. Structure for these signs shall be set back a minimum of ten feet from all property lines, and no portion of the sign shall project over the property line. The maximum diameter or horizontal distance across a support structure and its enclosure shall not exceed three feet in any one direction. 746-21 (Redding 1-93) ZONING 3. Monument and Accessory Signs. These signs shall be set back a minimum of five feet from the property line unless they are perpendicular to the property line, and in no case shall such signs violate the setback provisions for street comers or driveways as noted in subsection E4 of this section. 4. Comer Signs. In addition to the setback requirements noted above, all detached signs shall not obstruct a clear view between heights of 3 feet and 10 feet in triangle formed by the comer and points on the curb 30 feet from the intersec- tion or similar corner points within 20 feet of a driveway intersection. (Ord. 2012 § 1 (III), 1992; Ord. 1947 § 2 (part), 1991.) 18.90.050 Regulations for certain types of signs noted in Table No. 2. A. Accessory Signs. Accessory signs indicating prices, products or • services offered, or signs with changeable copy (i.e., gas price and fast-food menu boards) shall be incorporated into the design of approved wall or detached signs; otherwise, such detached signs exceed six square feet shall require an administrative use permit, but shall not exceed twenty square feet (see Section 18.90.040C4). Each lot is allowed two monument -type accessory directional signs without an administrative permit provided they do not exceed six square feet and three feet high. Additional directional signs may be allowed by administrative use permit. B. Balloons and Dirigibles. Balloons and dirigibles or other inflat- able devices used primarily for advertising shall require a use permit when the greatest straight-line distance across the inflated object exceeds three feet and the number of inflated objects exceeds five or the height of aerial display exceeds fifty feet, whichever is most restrictive. Inflatables grouped together shall be considered as one dirigible or balloon. Inflatables shall not be released into the air regardless of size and shall not extend (Redding 1-93) 746-22 0 • SIGNS over aerial utility lines. Unless a use permit has been obtained, balloons and other dirigibles shall not be located on property such that the tether line could overlap the property line in any direction by extending the line horizontally. Latex balloons not exceeding twelve inches in any one direction may be displayed without a permit provided the num- ber of balloons does not exceed two hundred and they are displayed for no more than three consecutive days four times per year, otherwise, a use permit is required. C. Buildings in the Shape of Symbols. The maximum allowable surface area of buildings designed in the shape of products or services sold (i.e. donut or hot dog shaped structures) shall be based on design review and approval shall be by use permit. D. Monument Signs. 1. Monument signs exceeding twenty square feet (including the surrounding support structure and decorative frame) in zoning districts C-1, C-2, C-3, C-4, C-6, PI, and M-2, shall require an administrative permit and may require approval 40 of the BAR. All monument signs except for signs with copy of less than twenty square feet shall require automatic - irrigated landscaping at the base equivalent to two times the area of the sign copy. The amount of opaque area of any one side outside of the sign copy shall not exceed one hundred percent of the area of the sign copy unless approved by the BAR. 2. Monument signs in residential districts shall be limited to subdivision -identifier development signs approved as part of the tentative subdivision map or by use permit. Monument signs for public or quasi -public uses, in accordance with this section and Table No. 2, shall require a use permit. E. Patriotic Symbols (Flags). Flags of the U.S. are allowed without use permit provided they do not exceed twenty-four square feet and a maximum height of twenty feet in residential areas and sixty square feet in commercial areas provided the height doesn't exceed forty feet. All other flag types shall require use permit, 0 746-23 (Redding I-93) ZONING F G but shall not exceed sixty square feet and thirty feet in height. Flags or banners with advertising copy shall not be displayed on the same flag pole which displays flags of the United States. Flags of the United States flown in commercial or industrial areas shall be displayed in accordance with the protocol estab- lished by the Congress of the United States set for the Stars and Stripes (Public Law 94-344 and 90-831), which includes the provision for night lighting. Any flag not meeting any one of the conditions noted above shall be considered a banner and shall be subject to regulations as such. Pole Sign. Pole signs requiring a permit shall be in the form of a use permit. All pole signs shall be provided with automatic irrigated landscaping at the base of the sign equal to the area of the sign (see Section 18.90.040C). Political and Campaign Signs. Political or campaign signs on behalf of candidates for public office or measures on election ballots are allowed provided that said signs are subject to the following regulations: 1. Said signs may be erected not earlier than ninety days prior to the said election and shall be removed within fifteen days following said election. 2. In any residential zoning district, only one sign is permitted on any one lot. Said sign shall not exceed the area limita- tions of Table No. 2. If detached, the sign shall not exceed six feet in height. 3. In any commercial or industrial district, one or more signs are permitted on a parcel of land provided all such signs do not, in the aggregate, exceed a sign area of one hundred twenty square feet. Said signs shall not be erected in such a manner as to constitute a roof sign. Notwithstanding the provisions of this paragraph, a sign may be placed upon any legally existing sign structure. 4. No signs shall be located within or over the public right-of- way. • (Redding 1-93) 746-24 0 • SIGNS H. Projecting Signs. Projecting signs including wing wall -mounted signs shall not exceed the maximum area of Table No. 2 and shall not project more than four feet from the facade surface of the building wall or other nonbearing building projection. I. Public or Institutional Signs. Public, institutional and religious wall signs, and bulletin boards are allowed up to the maximum area of Table No. 2. When a permit is required by Table No. 2, then it shall be in the form of a use permit. J. Subdivision Identifier Signs. On-site subdivision -identifier signs shall be monument -type signs and shall not exceed thirty-two square feet in area nor seven feet in height. Signs shall be incorporated in gates on the wall of the project or shall be a monument sign. The planning director or BAR shall have the authority to approve on-site real estate signs as part of the tentative or final map approval. K. Rotating Signs. Pole, roof, or wall signs may rotate; provided, however, that no portion of the sign shall rotate in excess of six revolutions per minute. Projecting signs, temporary signs, and accessory signs shall not rotate. L. Shopping center identifier signs, see Section 18.90.040C. A Temporary Off-site Public Promotion Signs. For each nonprofit public organization, four temporary off-site public promotion signs are allowed for fund raising up to twelve square feet without an administrative use permit and up to thirty-two square feet with an administrative use permit for a maximum of thirty days per year. N. Temporary Off-site Real Estate Development Signs. Temporary off-site real estate signs are permitted subject to obtaining a use permit for each location and complying with the following regulations: 1. Temporary signs shall not exceed sixteen square feet in area nor six feet in height. 2. The sign construction shall comply with the construction requirements of the building code. 3. Each use permit shall expire two years from the anniversary date of its approval or after the last lot 746-25 (Redding 6-911 ZONING �J in the subdivision is sold, whichever occurs first. Each sign must have a color -coded sticker attached to the face, and the color coding shall indicate the year in which the use permit expires. If an off-site sign is to be installed on private property, the applicant shall have written permis- sion from the property owner at the time of application for the use permit. 4. No more than one sign shall be permitted per access point for each development project. 5. Real estate development signs shall only be permitted for residential subdivisions containing ten or more lots and for residential planned developments and residential con- dominiums containing four or more units. O. Temporary On-site Real Estate Signs. One monument -type, temporary on-site real estate sign is allowed up to six square feet without an administrative use permit for each lot in all residential districts and up to thirty-two square feet for new subdivisions with less than eighty percent of the lots sold. All other districts, including the "R-4" multiple -family residential district, may be permitted to have one on-site temporary real estate sign per lot up to thirty-two square feet without a permit provided that the setback for monument signs of Section 18.90.040D is met and the height does not exceed six feet. On- site real estate signs shall meet the requirements of Table No. 2. P. Temporary Signs, Banners, Pennants, and Streamers. 1. One temporary vinyl or cloth banner is all per busi- ness up to the maximum area of Table No. 2 provided it is maintained in good condition. Temporary signs, includ- ing temporary real estate signs, shall not extend above the parapet, facia, or roof gutter and shall not be attached to the roof. Banners exceeding twenty-four square feet shall require an administrative permit and no banner shall ex- ceed fifty square feet. Banners shall not be displayed for more than thirty consecutive days with no more than ninety cumulative days per calendar year. All banners (Redding 6-91) 746-26 0 • SIGNS exceeding twenty-four square feet shall be removed for the entire month of March of each year. Banners shall be placed flat against the facade of the building. 2. One strand of pennants or streamers is allowed for the length of each lot frontage without a permit, except, that the strand(s) shall not contain any advertising copy; and the length of the individual pennants or streamers shall not exceed two feet. All strands of pennants exceeding a cumu- lative total of one hundred square feet shall be removed for the entire month of March. Q. Temporary Window Painted Signs. Temporary window -painted signs are allowed for six months per year without a permit; up to ten percent of the window area coverage on a building facade or a maximum of one hundred square feet, whichever is more restrictive. An administrative permit is required for coverage up to thirty percent or two hundred square feet, whichever is more restrictive. O R. Wall Murals and Supergraphic Wall Signs. Wall murals and supergraphic wall signs are permitted in all "C-2," "C-3," "C4," and "C-6" commercial districts and "M-2" industrial districts subject to the use permit and area limitations of Table No. 2 and meeting the following regulations: 1. Murals shall be regarded as a work of art, and supergraphic wall signs shall be pleasing to the eye. The mural or graphic shall demonstrate artistic quality or theme as opposed to direct or indirect illustrative advertising. 2. When bands of color or lines use the wall, building facade, or parapet as either figure or ground, then the entire surface of these areas shall be included as part of the sign or mural area. 3. When a mural is used as a business logo, the mural shall conform to the regulations governing wall signs and shall not exceed the area limitations of Table No. 2. 4. Supergraphic wall signs shall not exceed the area limitations of Table No. 2. 746-27 (Redding I1-92) ZONING • 5. Murals shall not exceed the area limitations of Table No. 2. Any advertising message type, company name, logo, etc., shall be outside the viewing field of the mural in accordance with the definition of wall mural contained in Section 18.90.020 and shall not exceed twenty square feet in area. 6. Murals shall not be placed on decorative block or brick walls. 7. Approval of the mural shall take into consideration the effect of the mural on adjoining properties and the overall architec- ture of the building. The colors and materials used shall be reasonably harmonious with those in the area. 8. Murals shall be limited to a maximum of one per wall on any one building. 9. Wall murals and supergraphic wall signs requiring a use permit may also require design review approval if referred by the planning commission to BAR. S. Wall Signs. The maximum wall coverage of a sign or wall • multiple signs (including window -painted signs and attached wall signs), shall not exceed the amount of coverage of Table No. 2. The proportional relationship of wall signs to the wall shall be based on the maximum square footage or percent of wall and window coverage of Table No. 2, whichever is more restrictive. Wall signs requiring permits shall be in the form of an adminis- trative use permit. The planning director may require a use permit if the sign could have an aesthetic impact or be contro- versial. (Ord. 2012 § 1 (IV), 1992; Ord. 1947 § 2 (part), 1991.) 18.90.060 Sign regulations for "U" unclassified and combining districts and area or specific plans. A. "U" unclassified Zoning District. For "U" unclassified zoning districts, the general sign regulations of Section 18.90.080 and the interpretation of Table Nos. 1 and 2 shall be based on the proposed or existing land use of the lot and the most appropriate zoning district if the lot were to be zoned to make it consistent (Redding 11-92) 746-28 • • SIGNS with the General Plan and any specific or area plans. When an application disagrees with the city's interpretation of this section, then the applicant may apply for specific rezoning to clarify the district regulations as they relate to advertising signs. B. Combining District. For zoning districts that have a combining district with sign regulations that are more restrictive than the regulations of this chapter, then this chapter shall be amended to include the sign regulations of the combining district. C. Area and Specific Plans. For area or specific plan sign standards that are more restrictive than the regulations of this chapter, the sign standards of such plans shall prevail. (Ord. 1947 § 2 (part), 1991.) 18.90.070 Comprehensive sign plan. A. Board of Administrative Review Approval Required. 1. A comprehensive sign plan shall be submitted for all pro- ® posed shopping centers exceeding forty thousand square feet of enclosed retail -floor area or for a combination of retail • and personal services of five or more tenant -lease areas exceeding forty thousand square feet of enclosed floor area. Sign plans which do not complement the architectural fea- tures of the buildings they advertise and/or are inconsistent with the city's sign design review manual shall not be approved. 2. All comprehensive sign plans shall require a use permit and shall be subject to the approval of the BAR. Plans shall contain all sign dimensions and graphic information required to fully describe what is being proposed. B. Board of Administrative Review and Planning Commission Approval Required. Comprehensive sign plans for shopping centers that exceed forty thousand square feet may vary from the regulations of this chapter regarding location, sign type, size, and height, provided that such variation involving any specific regulatory dimension of this chapter shall not be by more than 746-29 (Redding 11-92) ZONING • fifteen percent. Such sign plans shall be subject to review by the BAR and shall be subject to approval by the planning commis- sion. Sign plans that are inconsistent with the design guidelines of the sign design review manual and the purpose(s) and intended effects of this chapter as set forth in Section 18.90.0 10 and/or do not complement the architectural features of the adjacent buildings shall not be approved. (Ord. 2012 § 1 (V), 1992: Ord. 1947 § 2 (part), 1991.) 18.90.080 General sign construction standards. A. Electric Power and Communication Lines — Clearance Required. No permit for any sign shall be issued, and no sign shall be constructed, installed or erected, which does not comply with all of the provisions of this chapter or which has less horizontal or vertical clearance from energized electric power lines and communication lines than prescribed by the regulations of the California Public Utilities Commission (General Order No. 95), and the orders of the State Division of Industrial Safety. B. Illumination. Lighting, if provided, shall be contained within or pointed at the sign and shall not reflect into surrounding residen- tial property. The amount and type of illumination shall meet the regulations of this chapter. C. Materials Requirements. 1. All portions_ of any sign structure which are in contact with the ground shall be made of masonry, of steel, of wood which has been treated by the pressure process with a pre- servative which will protect it from insect and fungus attack, or of redwood equal to or better than foundation grade. 2. Except for monument signs, the ornamental border of (Redding 11-92) 746-30 rI • SIGNS those portions of the frame shall be made of approved combusti- ble material which is not subject to excessive deterioration from exposure to the weather or approved combustible plastics or noncombustible materials. 3. All detached signs shall be designed and constructed with a safety factor of two against overturning. 4. Working stresses for any materials used in the construction of detached signs shall not exceed those specified in Title 24 of the California Administrative Code. D. Proximity to Street Signs. No sign shall be erected such that any portion is within five feet of a street sign nor within ten feet of any portion of a streetlight signal. E. Sign Support Strictures. Signs, including temporary banners, real estate signs, or pennants, shall not be attached to trees, utility poles, or roof surfaces. F. Underground Electric Signs. Electrical services to all signs shall be underground from the electrical panel on the appurtenant • building. G. Wind Pressure Requirements. All signs shall be designed in accordance with Table 23-G (Exposure C) and Table 23-H of the California Uniform Building Code as adopted by the city. (Ord. 1947 § 2 (part), 1991.) 18.90.090 Exempted signs. The following types of signs are permitted in all districts unless otherwise noted and shall not require a building pen -nit nor be considered part of the allowable aggregate area. Such signs shall not exceed area limitations of this section and shall be erected and maintained in accordance with the provisions of this chapter. A. Nameplate not exceeding two square feet; B. One "open" and "closed" sign not to exceed two square feet in area per business, C. Private information signs not exceeding one square foot that contain no advertising message such as "Beware of Dog" or "No Soliciting"; 0 746-31 (Redding 5-92) ZONING • D. Traffic and other municipal signs, signals, and notices which relate to the public welfare and safety which are erected by the city, county, or state. Such signs shall be exempt from this chapter's restrictions; E. One on-site garage sale sign per residential lot provided that such sign is less than two square feet and displayed no more than three days per calendar year; F. Signs showing the location of public telephones, and signs placed by public utilities to show the locations of underground facilities; G. Signs of a public, noncommercial nature used to indicate danger or to serve as an aid to public safety relating to road work or other construction activities; H. Accessory signs not exceeding six square feet and meeting the requirements of this chapter; I. Parking violation and handicap signs that do not exceed three square feet; J. One on-site temporary real estate sign per residential lot not • exceeding six square feet. (Ord. 1947 § 2 (part), 1991.) 18.90.100 Prohibited signs. A. Abandoned Signs. A sign, including its support structure, which does not apply or identify the current activity on the premises for greater than 30 consecutive days shall be considered an abandoned sign. A temporary change in ownership or manage- ment shall not be considered an abandoned sign unless the premises remain vacant for a period of ninety days. Correction or removal by the property owner on which the sign is located shall occur within thirty days' written notice by the department of planning and community development. B. Conflict with Traffic Information. It is unlawful to erect, con- struct, or maintain any outdoor advertising structure or sign for the purpose of advertising the goods, wares, merchandise, or business of any person when the sign displays or makes use of the words "stop," "danger," or any other word, phrase, symbol (Redding 5-92) 746-32 0 • SIGNS or character in such a manner as to interfere with, mislead, or confuse traffic. C. Electronic Message Board Signs. Electronic message board signs are prohibited and nonconforming electronic message board signs installed prior to the adoption of this section shall comply with all city entitlements authorizing such signs. D. Imitating Traffic Signals. Signs having red, green, or amber lights that could be confused with traffic signals shall not be permitted if designed or located to be seen primarily by vehicular traffic. Such colors are not prohibited where, because of the design of the sign or lights used, it is extremely unlikely that the lights could be confused with traffic signals by the driving public. E. Immoral or Unlawful Advertising Prohibited. It is unlawful to exhibit, post, or display upon any outdoor advertising structure or sign, upon or in any window, upon any building, or in any public view, any statement, word, or sign of any obscene, indecent, or immoral nature; or any statue or statuary, picture, illustration or delineation of any nude human figure in such detail as to offend the public morality or public decency; of any lewd or lascivious act; or any other thing of an obscene, indecent, or immoral nature or offensive to the moral sense. F. Moving, Flashing, and Windblown Signs. Signs within this classification include, but are not limited to, moving, rotating, flashing, and windblown signs. Flashing signs shall include changes of color intensity and strings of light bulbs. Windblown signs shall include posters. G. Nonappurtenant Signs. Other than approved nonconforming signs, off-site wall signs, and temporary real estate signs, political signs, and public promotion signs, all other nonappurtenant or off-site signs are prohibited. H. Portable Signs. Any signs which are capable of movement such as, but not limited to, A -frame signs and signs which are attached to devices capable of movement, such as having wheels, trailers, or vehicles are prohibited. • 746-33 (Redding 6-91) ZONING L I. Signs Mounted on Vehicles. No person shall park any vehicle or trailer on a public right-of-way, on public property, or on private property so as to be visible from a public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertise- ment of products and services or directing people to a business or activity located on the same or nearby property. This section is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or com- mercial vehicle. J. Unsafe Signs. The owner of any sign, including its supporting structures, shall keep the sign in a safe condition at all times. If the building official finds that any sign regulated by this chapter is unsafe or insecure or is a menace to the public, he shall give written notice to the sign owner and to the property owner. If the sign owner fails to remove or alter the • sign so as to comply with the standards set forth in this chapter within thirty days after such notice, the building official may cause the sign to be removed or altered to comply at the expense of the sign owner or owner of the property upon which it is located. The building official may cause any sign which is an immediate danger to persons or property to be removed summarily and without notice. No sign as regulated by this chapter shall be erected at any location where, by reason of its position, it will obstruct the view of any authorized traffic sign, signal, or device. K Other Prohibited Signs. 1. Signs illegally placed in the public right-of-way; 2. Illegal signs and signs that were constructed illegally under the city's sign code prior to the adoption of this chapter and signs that were annexed into the city but were illegally constructed under the county's ordinance; (Redding 6-91) 746-34 0 • SIGNS 3. The following types of rapidly flashing signs which simulate motion or flash through a series of rapid light changes: a. Alternating Flashers. For the purposes of this section, alternating flashers are defined as flashing actions in which one message or lighting unit switches on at the exact instant that another lighting unit or message is extinguished. It is prohibited to have any "on phase" of an alternating flasher to have a time duration of less than two seconds. It is also prohibited to increase the total candle power or luminescence of any "on phase" on the same sign by more than twenty-five percent, b. Traveling Effects. For the purposes of this section, a traveling effect is defined as a flashing effect achieved by switching evenly spaced lamps or neon tube sections off and on in a steady and repetitious sequence. The use of one-, two-, or three-point flasher controls in the installation of traveling effects on a sign is prohibited. It is also prohibited to have the "on phase" of any individual lamps or neon tubes or groups of lamps or tubes within the travelling effect on for a time duration of less than two seconds, c. Scintillating Effects. For the purposes of this section, scintillating lighting effect in a sign is defined as an effect achieved by switching a group or groups of incandescent lamps or neon tubes on and off in a random pattern. It is prohibited to have any phase of the random pattern in which the variation in total candle power or luminescence exceeds twenty-five percent from that of any other phase within the ran- dom pattern. The use of one-, two-, or three-point flasher controls in the installation of scintillating effects in illuminated signs is expressly prohibited, d. On -and -off Flashers. For the purposes of this section, on -and -off flashers are defined as illuminated signs or • 746-35 (Redding 6-91) ZONING portions of signs in which one or more messages or lighting units are switched on, and then off, and then on, and then off at regular time intervals. It is ex- pressly prohibited to have the "on phase" of an on - and -off flasher on for a time duration of less than two seconds. It is also prohibited to have an "off phase" of an on -and -off flasher remain off for a time duration of less than two seconds. It is also prohibited to have an "off phase" of an on -and -off flasher remain off for a time duration of less than one second. If more than one on -and -off flasher is installed as part of the same sign face, there shall not be a variation in total candle power or luminescence of more than twenty-five per- cent in any combination of on -and -off phases of the multiple on -and -off flashers installed on the sign face, e. Speller Flashers. For the purposes of this section, speller flashers are defined as a number of individual incandescent lamps or neon tubes which produce an effect of spelling out the sign advertising message. As to the speller flashers, the time intervals between each phase in the total sequence shall not be less than one second. (Ord. 1947 § 2 (part), 1991.) 18.90.110 Nonconforming signs. A. All nonconforming signs and other sign structures which were erected and in existence prior to the effective date of the adoption of the ordinance codified in this chapter and which were, at the time of such erection or establishment, in com- pliance with all then applicable statutes and ordinances, but which do not meet the requirements of this chapter, shall be permitted to remain in existence notwithstanding their noncon- forming character. Thereafter, all such signs, billboards, or other sign structures shall be in violation of this chapter and subject to the exceptions herein set forth. This provision does • (Redding 6-91) 746-36 • 0 SIGNS not apply to existing signs which are subject to a written agreement providing for the removal of said signs after a fixed period of time. B. All legally constructed existing signs on property annexed to the city after the effective date of this chapter shall be permitted to continue as nonconforming signs, starting with the effective date of the annexation. Any changes to the signs or their structures in terms of location, orientation, size or height will require that all signs and their structure on the property, business, and/or development be brought into conformance with this chapter. Signs that are made nonconforming by the provisions of this sign chapter due to a change in zoning affecting the premises on which the sign is located shall be permitted to remain in existence notwithstanding their noncon- forming character, starting with the effective date of the zone change. O(Ord. 1947 § 2 (part), 1991.) 18.90.120 Illegal on -premises signs. The city may not issue a business license and/or building permit for any new on -premises sign if there is any illegal on - premises sign related to the business. This prohibition only applies if both of the conditions below exist: A. The illegal sign and proposed new sign is located within the same commercial complex which is zoned for commercial occupancy or use, for which the permit or license is sought; B. The illegal sign is owned or controlled by the permit applicant and the permit applicant would own or control the other proposed sign. (Ord. 1947 § 2 (part), 1991.) 18.90.130 Abatement and removal of illegal signs. A. Abatement and Removal of On -premises Signs. The city coun- • cil may, by resolution declare as a public nuisance and abate 746-37 (Redding 6-91) ZONING r �J all illegal on -premises -advertising signs. The city council may by resolution order that a special assessment and lien be levied against the property. Such abatement procedures shall follow the posting and hearing procedures set forth in Chapter 2.6 of the California Business and Professions Code. The following types of illegal on -premises signs may be abated by this process. 1. Any advertising display erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; 2. Any advertising display which was lawfully erected anywhere in the city, but whose use has ceased, or the structure upon which the display is located has been abandoned by its owner for a period of not less than ninety days; 3. Any advertising display which has been more than fifty percent destroyed where the destruction is other than facial copy replacement and where the display has not • been repaired within thirty days of the date of its damage; 4. Any temporary advertising display which has exceeded the allowable display period of this chapter, 5. Any advertising display which is a danger to the public or is unsafe; 6. Any advertising display which constitutes a traffic hazard not created by relocation of streets or highways or by acts of the city or county. B. Removal of Signs in Public Right -of -Way. 1. The planning director or public works director may order the immediate removal of any unauthorized sign placed in the public right-of-way or on public property after documenting the sign location and attempting to contact the sign owner to get the owner to remove the sign. 2. Signs that are confiscated by the city may be retrieved from the public works department within ten calendar days after removal. After this time, the city may dispose of the sign without compensation to the owner. (Redding 6-91) 746-38 0 SIGNS 3. Signs that are placed on any city structure or street tree may be immediately removed by order of the police chief, plan- ning director, or public works director, and signs attached to city electric poles may also be removed by order of the electric department director. Signs placed on such structures or street trees may be immediately disposed of without notification and compensation to the owner. The placement of such signs in the right -of way is a violation and persons found guilty of such violations shall be subject to the penalties of this chapter. (Ord. 1947 § 2 (part), 1991.) 18.90.140 Violation—Penalty. A. Any Violation a Public Nuisance. In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is declared to be a public nuisance and may be summarily abated • by the city as such. B. Infractions. Any person who violates or causes or permits anoth- er person to violate any provision of this chapter is guilty of an infraction unless otherwise provided. C. Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses, and dis- bursements paid or incurred by the city or any of its contractors in correction, abatement, and prosecution of the violation. D. Penalties. Any person convicted of an infraction under the provisions of this section shall be punishable upon a conviction by a fine according to a schedule of fines adopted by the city council. Any violation beyond the third conviction within a one- year period may be charged by the city attorney as a misdemean- or, and the penalty for conviction of the same shall be the maximum allowable by state law. E. Separate Offenses for Each Day. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the zoning regulations • 746-39 (Redding 5-92) ZONING • is committed, continued, permitted, or caused by such violator and shall be punished accordingly. (Ord. 1947 § 2 (part), 1991.) TITLE 18 FOOTNOTES 1. For statutory provisions pertaining to planning in general, see Gov. Code § 65000 et seq.; for provisions authorizing cities to regulate the use of land and buildings, see Gov. Code § 65850; for provisions requiring a city to adopt a general plan, see Gov. Code § 65300. 2. For the state Airport Approaches Zoning Law, see Gov. Code §§ 50485 to 50485.14. 3. For statutory provisions on environmental impact reports, see Pub. Res. Code 21060 et seq. • 4. For statutory provisions concerning mobile homes, see Health and Safety Code § 18000 et seq. 5. Prior history: Prior code § 30.7; Ord. 1200. 6. Prior ordinance history: Ordinances 1612, 1944 and 1926. (Redding 5-92) 746-40 0