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HomeMy WebLinkAboutOrdinance - 2362 - Amend Title 18 . . ORDINANCE NO. 2362 AN ORJ[)INANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING), DIVISION II (ADMINISTRATION), CHAPTER 18..11 (COMMON PROCEDURES), SECTION 18.11.050 (DETERMINATIONS/ACTIONS BY DIRECTOR) AND CHAPTER 18.15 (ZONING EXCEPTIONS), SECTION 18.15.030 (ST ANDARJ[)S FOR WHICH EXCEPTIONS MAY BE CONSIDERED), SUBSECTION 18.15.030.N (RECREATIONAL VEHICLE STORAGE/PARKING) AND DIVISION III (BASE DISTRICT REGULATIONS), CHAPTER 18.31 (SITE DEVELOPMENT REGULATIONS AND PERFORMANCE ST ANDARDS), SCHEDULE 18.31.030-C, (DEVELOPMENT REGULA TIONS-"RESIDENTIAL II DISTRICTS), NOTE (8), OF THE REDDING MUNICIPAL CODE, ALL RELATING TO STORAGE OF RECREATIONAL VEHICLES WHEREAS, at a public meeting on May 24, 2005, and June 28, 2005, the Planning Commission for the City of Redding reviewed the provisions of the City's Zoning Code relating to the storage of recreational vehicles in single-family residential districts; and WHEREAS, at the meeting held on June 28,2005, the Planning Commission directed staff to form a citizen committee to review the storage issues and report back to the Commission with a proposed solution; and WHEREAS, after several months of meetings and deliberations the citizens I committee formulated a recommendation for amendments to the Zoning Code; and WHEREAS, at a meeting held on January 10,2006, the Planning Commission received a report from the citizens committee and directed staff to return to the Commission for a public hearing to make recommendations to the City Council for changes to the City's Zoning Code consistent with the committee's. recommendation; and WHEREAS, at a pubJlic hearing held on March 2, 2006, the Planning Commission considered a draft ordinance pfl~pared by staff, accepted public testimony and by unanimous vote recommended to the City Council the introduction of an ordinance. ~ L. o 1 ~ 6' ~ . . NOW, THEREFORE, IBE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF REDDING AS FOllOWS: Section 1. Title 18 (Zoning), Division II (Administration), Chapter 18.11 (Common Procedures), Section 18.11.050 of the Redding Municipal Code is hereby amended as follows: 18.11.050 DetermiJ[lations/Actions by Director. Where the Director makes a determination to approve, conditionally approve, or deny a site development permit as authorized by Section 18.13.040, Authorities and Duties of the Director, or a zoning exct~ption in accordance with Section 18.15.070 , Determinations/Action by Director, the Director shall, within 30 working days of a complete application, make a written determination on the application or refer it to the Board of Administrative Review for a public hearing. The determination shall specify the nature of the action, the facts and findings that have been satisfied, and any conditions of approval. A copy of the decision shall be sent to the applicant. For site development permits or zoning exceptions located on property that abuts a residential district, the Director shall, in addition to the above, notify all owners of property within 300 feet of the site by first class mail that a development application has been received and is under consideration, except as modified by Subsection 18.51.030.Q, pertaining to the storage of recreational vehicles. The notice shall be mailed at least 10 days prior to making a determination on the application. The notice shall provide a brief description of the use or activities requested by the applicant, shall indicate the date the decision on the application will be made, and shall indicate where information regarding the application may be obtained. Section 2. Title 18 (Zoning), Division II (Administration), Chapter 18.15 (Zoning Exceptions), Section 18.15.030, subsection Q of the Redding Municipal Code is hereby amended as follows: N. Recreational Vehicle Storage/Parking. (1) Recreational Vehicle Storage. In the "RE" and "RS" Districts, the Director may approve a zoning exception to allow not more than one recreational vehicle, as defined in Schedule 18.31.030-C, Note (8), to be parked within the front or street side-yard setback area subject to the following findings and requirements: a. The Director finds that the applicant has submitted an affidavit and related materials that affirm the following: (1) There is not physical space available to access and/or store the vehicle within an interior side or rear yard. These site conditions include, but are not limited to, such things as: (a) Existing building setbacks and eaves and other building projections (does not include the location of buildings with a size of 120 square feet or less). 2 . . (b) Location of mature tree( s). (c) Location ofHV AC or similar equipment. (d) Existence of substantial slopes. (2) Notices of the zoning exception application shall be sent to all owner(s) of real property sharing a common street frontage within 300 feet of the applicant's property. Should two or more owners of real property within the notification area object in writing to the approval of the Zoning Exception or appeal the approval by the Director, the zoning exception shall not be granted. (3) The parkiing of such vehicles is not prohibited by any Conditions, Covenants, and Restrictions (CC&Rs) applied to the property. The applicant shaIn provide either: (1) a copy of the CC&Rs applicable to the property or (2) if no CC&Rs have been recorded, a title report for the subject property sufficiently current to determine whether the property is subject to CC&Rs. (4) The vehicle is operable and is owned by and registered to the occupant of the premises upon which it is parked. b. Vehicle Parking Condiltions. (1) Vehicles shall be parked generally perpendicular to the front property line. (2) Storage shall be allowed only on areas surfaced with all-weather materials, such as concrete, asphalt, brick, stone, gravel, or similar material, and shall not obstruct the ingress or egress to and from existing garage doors. Storage shall not occur within a lawn or other landscaped area. (3) The vehicle shall not be parked closer than 2 feet to a side property line. (4) No part ofthe vehicle may extend more than 3 feet into the public or private right-of-way or be closer than 2 feet to a public sidewalk. (5) Vehicles shall not be occupied for living purposes. (6) The vehicles shall be maintained in a clean and inoffensive manner. Offensive includes, but is not limited to, unrepaired collision damage; broken glass; flat tires; discharge .of effluent; discarding oflitter or other materials; or a general unsightly exterior appearance as exhibited by peeling paint, rust, or attachment of siding materilals not original to the recreational vehicle. Covering of the vehicle by tarp or similar material is not allowed. The use of custom covers made specifically for the type and size of vehicle are permitted. 3 . . (7) The zoning exception shall not be transferable to a subsequent owner of the property. (8) Registration shall remain current throughout the term of the zoning exception. Note: Vehicles registered with the Department of Motor Vehicles as "Non- Op" are not considered to be registered vehicles for the purpose of this section. (9) Zoning exceptions shall be valid for a period not to exceed 3 years. Upon application, the Director may grant one or more renewals not to exceed a time period of 3 years for each renewal. Noticing, property owner objection/appeal, and other provisions and requirements pertaining to the original approval shall apply to renewal requests. (2) Parking for Affordablle or Disabled Housing Projects. The requirement to provide parking for recreational vehicles for multiple-family units may be waived provided that the project qualifies as an affordable housing project as defined by the State Government Code and provided that the necessary area for providing the required spaces is set aside and maintained in landscape to allow conversion to parking should the use convert from affordable or disabled housing to standard multiple-family use. Section 3. Title 18 (Zoning), Division II (Administration), Chapter 18.31 (Site Development Regulations and Performance Standards), Schedule 1831.030-C: Development Regulations - "Residential" Districts, Note (8) is hereby amended as follows: [No change in text except to Note 8] (8) Recreational Vehicle Storage. Recreational vehicles, including, but not limited to, motor homes, travel trailers, detached campers/shells, boats, and trailers of all types shall not be stored within any front-yard or street side-yard setback unless a zoning exception is. granted pursuant to Chapter 18.15. Such vehicles are permitted to be stored in interior side-yard or rear-yard setback areas. Items stored within the setback areas must be placed so as to prevent violations of the California Building Code with respect to egress, natural light, and ventilation and shall not contribute to or constitute blight, as defined by the Redding Municipal Code. The regulations of this section do not apply to: (1) Class B motor homes (commonly known as "van conversions") which otherwise comply with applicable parking standards and (2) temporary parking of recreational vehicles as necessary for customary active loading and unloading activities associated with the intended use of the vehicles for a period not to exceed 72 hours in a one-week period. Storage and Storage Buildings. No storage buildings or similar structures shall be placed or erected in any front-yard or comer side-yard setback area regardless of size. Section 4. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 5. This ordinance shall take effect 30 days after the date of its adoption., and the City Clerk shall certify to the adoption thereof and cause its publication according to law. 4 . . I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 21st day of March, 2006, and was duly read and adopted at a regular meeting on the 4th day of April, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Dickerson, Mathena, Pohlmeyer, Stegall, and Murray COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None Attest: Form Approved: dLERK ~~~~-/' RICHARD A. DUVERNAY, CI# ATTORNEY 5