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Ordinance - 2310 - Amend Title 18
ORDINANCE NO. e~//O AN ORDINANCE OF THE CITY OF REDDING ADOPTING (1) AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION PREPARED FOR THE ATTACHED AMENDMENTS TO THE ZONING ORDINANCE; AND (2) AMENDMENTS TO PORTIONS OF REDDING MUNICIPAL CODE TITLE 18, ENTITLED "ZONING ORDINANCE," THAT CORRECT TYPOGRAPHICAL AND CROSS-REFERENCING ERRORS, COMPLY WITH RECENT CHANGES IN STATE LAW, PROVIDE CONSISTENCY BETWEEN SECTIONS, AND ADD CERTAIN NEW PROVISIONS THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Findings offact: The City Council finds and declares as follows: A. The Planning Commission held a duly noticed public hearing pertaining to the attached amendments to portions of Redding Municipal Code Title 18, Zoning Ordinance, on May 13, 2003, continued to May 27, 2003--and recommended that the City Council adopt said amendments. B. The City Council held a duly noticed public hearing on this date, prior to the first reading of this ordinance. C. The attached Addendum to the Mitigated Negative Declaration prepared for the attached amendments to Redding Municipal Code Title 18 is appropriate as there is no substantial evidence, in light of the whole record before the City of Redding, that the proposed amendments will have a significant effect on the environment. Section 2. The City Council hereby adopts the Addendum to the Mitigated Negative Declaration prepared for the attached amendments to portions of Redding Municipal Code Title 18, Zoning Ordinance. Section 3. Certain chapters, sections, subsections, and schedules in Redding Municipal Code Title 18, Zoning Ordinance, are amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. Words and phrases deleted from the ordinance are identified by strikcom. Words and phrases added to the ordinance are identified by underline, for ease of reading only. Said ordinance amendments are adopted and shall be read, understood, and incorporated into the Redding Municipal Code consistent with the deletions and additions as identified in Exhibit A. With the exception of typographical and cross-referencing errors that have been corrected throughout, the amended chapters, sections, subsections, and schedules are identified in the attached Exhibit B. Section 4. 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. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 1 s t day of July, 2003 and was duly read and adopted at a :$pec±a/neeting on the 5th day of August, 2003, by the following vote: AYES: COUNCIL MEMBERS: Kight, Mathena, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stegall ABSTAIN: COUNCIL MEMBERS: None Pohlmeyer and Cibula MMayor Attest: Form Approved: Connie Stroh'mayer, City ~rk~/ Brad L. Fuller, City A~orney ZON~Ord-AmdMND&Cod¢ Revisions.wpd ZONING ORDINANCE CITY OF REDDING DEVELOPMENT SERVICES DEPARTMENT AS AMENDED SEPTEMBER 4, 2003 ZONING ORDINANCE HISTORY ADOF'rED OCTOBER 1, 2002 AMENDED DECEMBER 17, 2002 ORDINANCE NO. 2305 AMENDED SEPTEMBER 4, 2003 ORDINANCE NO. 2310 TABLE OF CONTENTS Table of Contents Part I - General Provisions 18.01 Title, Components, and Purposes ................................................................................... I- 1 Part II - Administration 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 Administration ............................................................................................................... II-1 Common Procedures ...................................................................................................... II-6 Zoning Clearance ......................................................................................................... II-11 Site Development Permits ............................................................................................ II- 13 Use Permits .................................................................................................................. II- 17 Zoning Exceptions ........................................................................................................ II-20 Variances ...................................................................................................................... II-26 Temporary Use Permits ................................................................................................ II-29 Amendments to the Text or Map ................................................................................ II-33 Prezoning ..................................................................................................................... II-35 Development Agreements ............................................................................................ II-38 Reserved ....................................................................................................................... II-42 Adequate Public Facilities ............................................................................................ II-43 Reserved ....................................................................................................................... II-47 Environmental Clearance ............................................................................................ II-48 Enforcement ................................................................................................................. II-58 Part III - Base District Regulations 18.30 18.31 18.32 18.33 18.34 18.35 18.36 Rural Lands District ..................................................................................................... III-1 Residential Districts: "RE" Residential Estate, "RS" Residential Single Family, and "RM" Residential Multiple Family ................................................................................ III-4 Office Districts: "LO" Limited Office and "GO" General Office ................................ III-18 Commercial Districts: "NC" Neighborhood Commercial, "SC" Shopping Center, "RC" Regional Commercial, "GC" General Commercial, and "HC" Heavy Commercial ........................................................................................... III-23 Industrial Districts: "Gl" General Industry and "HI" Heavy Industry ........................ III-31 "OS" Open Space District .......................................................................................... III-35 "PF" Public Facilities District ..................................................................................... III-37 Table of Contents i - I Part IV - Regulations Applying in all Districts 18.40 Development and Site Regulations .............................................................................. IV-1 18.41 18.42 18.43 18.40.010 18.40.020 18.40.030 18.40.040 18.40.050 18.40.060 18.40.070 18.40.080 18.40.090 18.40.100 18.40.110 18.40.120 18.40.130 18.40.140 18.40.150 18.40.160 18.40.170 18.40.180 18.40.190 Antennas and Microwave Equipment; Telecommunications and Wireless Facilities .................................................................................... IV-1 Buffer Yards ............................................................................................. IV-5 Building Projections into Setback Areas ................................................. IV-7 Compliance with Map Requirements ...................................................... IV-8 Design Criteria ........................................................................................ IV-9 Development on Substandard Lots ....................................................... IV-10 Development on Lots Divided by District Boundaries .......................... IV-10 Exceptions to Height Limits .................................................................. IV-10 Lighting ................................................................................................. IV - 10 Noise Standards .................................................................................... IV-Il Performance Standards, Citywide ......................................................... IV-14 Refuse Storage Areas ............................................................................. IV-15 Screening of Mechanical Equipment .................................................... IV- 18 Site Obstructions at Intersections ......................................................... IV-19 Sky Plane ............................................................................................... IV-19 Swimming Pools .................................................................................... IV-19 Underground Utilities ........................................................................... IV-21 Walls and Fences .................................................................................. IV-21 Wellhead Protection ............................................................................. IV-22 Off-Street Parking and Loading ................................................................................. IV-24 Signs ........................................................................................................................... IV-50 Standards for Specific Land Uses ............................................................................... IV-73 18.43.010 18.43.020 18.43.030 18.43.040 18.43.050 18.43.060 18.43.070 18.43.080 18.43.090 18.43.0100 18.43.110 18.43.120 18.43.130 18.43.140 18.43.150 Purpose .................................................................................................. IV-73 Accessory Uses and Structures .............................................................. IV-73 Adult Entertainment Businesses ........................................................... IV-76 Animals ................................................................................................. IV-78 Automobile/Vehicle Repair, Minor and Major ..................................... IV-81 Bed and Breakfast Inns ......................................................................... IV-82 Day Care Centers .................................................................................. IV-82 Drive-In and Drive-Through Facilities ................................................. IV-83 Gas Stations/Convenience Gas Marts ................................................... IV-84 Guest Houses ......................................................................................... IV-86 Home Occupations ............................................................................... IV-87 Manufactured Homes ............................................................................ IV-89 Outdoor Retail Sales and Storage ......................................................... IV-90 Second Dwellings .................................................................................. IV-91 Self-Storage Warehouses ....................................................................... IV-93 Table of Contents ii - I 18.44 18.45 18.46 18.47 18.48 Surface Mining and Reclamation ............................................................................... IV-95 Tree Preservation ..................................................................................................... IV- 107 Nonconforming Uses, Structures, Sites, Parcels, and Signs ..................................... IV-115 Landscape Standards ................................................................................................ IV- 122 River/Creek Corridor Development ......................................................................... IV- 126 Part V - Overlay District Regulations 18.50 18.51 18.52 18.53 18.54 18.55 18.56 18.57 "A" Airport Environs Overlay District .......................................................................... V-1 "FP" Floodplain Overlay District ................................................................................... V-7 "MR" Mineral Resources Overlay District .................................................................. V-24 "PD" Planned Development Overlay District ............................................................. V-27 "MU" Mixed Use Overlay District .............................................................................. V-32 "MU-N" Mixed Use Neighborhood Overlay District .................................................. V-35 "DR" Design Review Overlay District ......................................................................... V-41 "SP" Specific Plan Overlay District ............................................................................. V-43 Part VI - General Terms 18.60 18.61 18.62 Use Classifications ........................................................................................................ VI-1 List of Terms and Definitions ..................................................................................... VI- 10 Rules of Measurement ' VI-49 ZON\CurrentZon\OrdXTOC- 8503.wpd Table of Contents iii- I PART 1 GENERAL PROVISIONS Cha~ter 18.01: Title, Components, and Purposes Sections: 18.01.010 18.01.020 18.01.030 18.01.040 18.01.050 18.01.060 18.01.070 18.01.080 18.01.090 Tide and Authority Purpose Organization General Rules for Applicability of Zoning Regulations Applicability of Land Use and Development Regulations Consistency with the General Plan Rules for Construction of Language Rules for Interpretation Compliance Required 18.01.010 Title and Authority Chapter 18 of the Redding Municipal Code shall be known and cited as the "Zoning Ordinance of the City of Redding," "Redding Zoning Ordinance," "Zoning Ordinance," "Zoning Code," or code. The Zoning Map of the city is explicitly made part of this ordinance. The authority for the regulations contained in this title is based on Section 7, Article XI of the California Constitution, the provisions of the Calffomia Planning and Zoning Law (Division i of Title 7 of the California Government Code), which provide for the regulation of the intensity of land use and the adoption of standards for the regulation of population density and the police power granted to municipalities by the laws of the State of California. In addition, the provisions of this tide relating to the regulation and control of subdivisions are herein adopted pursuant to the authority of the Subdivision Map Act (Division 2 of Title 7 of the California Government Code). The provisions of the Subdivision Map Act are incorporated by this reference as though fully set forth herein. 18.01.020 Purpose The broad purposes of the Zoning Ordinance are to implement the General Plan and promote and protect the public health, safety, peace, comfort, and generalwelfare of the City of Redding. Generally, the Zoning Ordinance is intended to'.' A. Direct growth with a priority on those areas where infrastructure and urban services can be economically provided. B. Ensure consistency between General Plan land use designations and policies and zoning districts. C. Maintain and enhance the appearance and function of both new and existing development. D. Provide compatibility between land uses. E. Ensure the provision of adequate open space for light, air, and fire safety. /-1 Re&ting Z~in~ O~inance lJp~te Fo Ensure that service demands of new development will not exceed the capacities of existing streets, utilities, or public services. O. Protect environmentally sensitive areas. H. Mitigate potential hazards and maintain the aesthetic benefit of hillside areas by limiting development on slopes exceeding 20 percent. I. Establish standards regulating the use and physical development of land. 18.01.030 Organization A. Structure of Regulations. The zoning regulations consist of six parts: Part Part Part Part Part Part I: General Provisions II: Administration III: Base District Regulations IV: Regulations Applying in All Districts V: Overlay District Regulations VI: General Terms B. Regulations. Four types of zoning regulations control the use and development of property: AdministrativeRegulatiom. Contain detailed procedures for the administration of this Zoning Ordinance and enforcement of zoning regulations. Administrative regulations are contained in Part II. Land Use Regulations. Governs land uses permitted, those permitted with certain limitations, conditionally permitted, or prohibited in each zoning district and includes special requirements, if any, applicable to temporary and specific uses. Land use regulations for base zoning districts are in Part III of the zoning regulations. Land use regulations for overlay districts are in Part IV. Certain regulations applicable in all or several districts and performance standards that govern special uses are in Part V. Development Regulations. Control the height, bulk, location, and appearance of structures and the physical layout of property. Development regulations for base zoning districts are in Part III of the zoning regulations; development regulations for overlay districts are in Part V. Certain development regulations applicable in more than one class of base or overlay districts are in Part IV. These include regulations for site development; parking and loading; signs; standards for specific uses; nonconforming uses, structures, and signs; surface mining and reclamation; and tree preservation. General Terms. Part VI includes a summary list, with cross-references of definitions for general terms used in the Zoning Ordinance and rules for measurement (distances, heights, lot widths, depths and areas, and setback averaging). /-2 Redding Zoning Ordinance Update Graphic Illustrations. The illustrations are included for the purposes of explanation and clarification. Where a graphic is in conflict with the text or provisions of this title, the text shall govern. 18.01.040 General Rules for Applicability of Zoning Regulations All development shall comply with the standards, criteria, and procedures of this Zoning Ordinance. Ao Applicability to Property. Zoning regulations shall apply to all land within the City of Redding, including land owned by the City of Redding and other local, State, or Federal agencies to the extent allowed by law. Application of regulations to specific lots shall be governed by the zoning map. Bo Applicability to Streets and Rights.of-Way. Public streets, utility, and other rights-of-way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary unless otherwise depicted on the zoning map or the General Plan Diagram. Compliance with Regulations. No land shall be used and no structure shall be constructed, occupied, enlarged, or altered in any zoning district except in accord with the provisions of this ordinance. Eo Public Nuisance. Neither the provisions of this chapter nor the approval of any permit authorized by this ordinance shall authorize the maintenance of any public nuisance. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this ordinance shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice. Requests for Notice. Where this chapter requires that notice be given by first class mail to "any person who has filed a written request for such notice," the request shall be filed with the Director. Go H° Conflict with Other Regulations. Where conflict occurs between the provisions of this ordinance and any other City code, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this chapter. Relation to Prior Ordinance. No provision of this ordinance shall validate any use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, except as may be specifically authorized by this ordinance. Time of Approval. All approvals granted pursuant to the provisions of this ordinance by the Director, Board of Administrative Review, Planning Commission, or City Council are effective at the time the permit or approval is granted and only after any time--which may be allowed by law for appeal of the permit, approval, or other action has been completed. Where good reason exists, the effective time of approval may be modified by the permit or approval. I-3 Redding goning Ordinance Update Jo Extension of Time for Holidays and Weekends. If a deadline for compliance with the provisions of this ordinance falls on a weekend or holiday, the time for performing such an act shall be extended to the next working day. K° Zoning of Land Proposed for Annexation. The Director shall recommend prezoning consistent with the General Plan designation for land within the City's sphere of influence. If prezoning is approved by the City Council, the zoning shall become effective upon annexation. L° Application During Local Emergency. The City Council may authorize a deviation from a provision of this ordinance during a local emergency declared and ratified under the Redding Municipal Code. The City Council may authorize a deviation by resolution without notice or public heating. Mo Reasonable Accommodation for Disabled Person. In accordance with the Federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA), the City shall consider exceptions to this code when required by Federal or State law. 18.01.050 Applicability of Land Use and Development Regulations A. Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows: "RL" Rural Lands "RE" Residential Estate "RS" Residential Single Family "RM" Residential Mixed Housing Type "LO" Limited Office "GO" General Office '~C" Neighborhood Commercial "SC" Shopping Center "RC" Regional Commercial "GC" General Commercial "HC" Heavy Commercial "Gl" General Industry "HI" Heavy Industry "PF" Public Facility "OS" Open Space 1-4 Redding Zoning Ordinance Update Bo Co Residential Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations consisting of classes of letter designators: 1. A land use designator, indicating the principal land uses permitted or conditionally permitted in each district, shall be a component of all zoning designations (e.g., "RS" Residential Single Family District). 2. A residential density designator, indicating a base dwelling unit density (e.g., "RS-Y' Residential Single Family District with a base allowable density of 3 dwelling units per acre). The base density may be increased to the maximum allowed in each district by the General Plan in accordance with Schedule 18.010.050-A below. Section 18.31.040' of this code addresses increases above the base density. Schedule 18.01.050-A: Residential Density Indicator RL.5 5 a/u RL.2 1 a/u RL 0.7 a/u RE-1 2u/a RE-2 2 u/a RS-2 3.5 u/a RS-2.5 3.5 u/a RS-3 3.5 u/a RS-3.5 6 u/a RS-4 6 u/a RM-6 6 u/a RM-9 9 u/a RM-10 10 u/a RM-12 12 u/a RM-15 15 u/a RM-18 18 u/a RM.20 20 u/a RM.30 30 u/a Overlay d/str/ct designators shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site (e.g., "FP" Floodplain Overlay District). Establishment of Subdistricts. A subdistrict is applied to certain properties to further the intent of the General Plan. These areas are identified on the zoning map and are described as follows: 1-.5 "VR" - A designation, in combination with the "General Commercial" District designation (e.g., "C,C-VR"), signifies that appropriate uses are those which are intended to serve visitors to the community and/or to provide basic retail services. Such uses are identified in the use regulations in Part III of this title and typically consist of hotels, motels, restaurants, retail, services, and similar uses, but exclude automobile-oriented uses, such as vehicle sales and service. Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows: "A" Airport Environs "FP" Floodplain "MR" Mineral Resources "PD" Planned Development "MU" Mixed Use "MU-N" Mixed Use Neighborhood "SP" Specific Plan References to Classes of Base Districts. References to "R" or "Residential" districts refer to all residential estate, single-family, and mixed housing-type districts. References to "O" or "Office" districts refer to the limited and general office districts. References to "C" or "Commercial" districts refer to all neighborhood commercial, shopping center, regional commercial, general commercial, and heavy commercial districts. References to'T' or "Industrial" Districts refer to all industrial districts. 18.01.060 Consistency with the General Plan Ao An application for any permit, license, or approval submitted pursuant to this title shall not be accepted as complete for processing unless it is consistent with the applicable General Plan land use designation; however, the concurrent filing of a General Plan amendment application with an amendment to a zoning district or the provisions of this title shall be allowed. In any case, where there is a conflict in regulation between this title and the General Plan, the General Plan shall prevail. Bo Any permit, license, or approval issued pursuant to this title shall be consistent with the Redding General Plan, all applicable Specific Plans, and other applicable laws, rifles, ordinances, codes, policies, and regulations. A proposed use is consistent with all elements of the Redding General Plan when all the following conditions exist: The proposed use is compatible with the description of the Community Development and Design Element land use designation in which the use is located, as shown by the General Plan Diagram and as described in the text of the General Plan. The proposed use is in conformance with the goals and policies of the General Plan. The proposed use is established and maintained in a manner which is consistent with all elements of the General Plan and all applicable provisions contained therein. I-6 Redding Zoning Ordinance Update The proposed physical development conforms with the goals and policies of the General Plan, including, but not limited to, such design considerations as: a. Providing stream corridor setbacks/buffering where applicable. Providing reasonable public access to public lands and views to open-space lands where possible. Providing reasonable pedestrian and bicycle links between developments, parks, commercial areas, transit routes, and similar destination points. Ensuring that the design considers such items as natural site features; visibility of structures and mechanical equipment; usable open space; and relationship to surrounding uses in terms of scale, massing, building patterns, and privacy. 18.01.070 Rules for Construction of Language In addition to the general provisions of the Redding Zoning Ordinance, the following roles of construction shall apply: A. The particular controls the general. B. Unless the context dearly indicates the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions may apply singly or in any combination. "Either... or" indicates that the connected words or provisions shall apply singly but not in combination. Do References to departments, commissions, boards, or other offices are to those of the City of Redding unless otherwise indicated. References to a public official in the City is to that person who performs the function referred to and includes a designated deputy of such official. E. All references to days are to calendar days unless otherwise indicated. F. Section and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section. G. The words "activities" and "facilities" include any part thereof. H. "Director" means the Development Services Director or his/her designee. 1-7 18.01.080 Rules for Interpretation Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this chapter or its application to a specific site, the Director shall determine the intent of the provision. The determination of the Director may be appealed in accordance with the provisions of Section 18.11.090, Appeals. B. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply: District boundaries shown as approximately following the property line of a lot or an open- space line shown on a final map shall be construed to follow such lines. District boundaries shown as approximately following areas classified as "Greenway" on the General Plan shall be construed to follow such lines. Where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map or by the Director, the Board of Administrative Review, or the Planning Commission. Such determinations shall not constitute amendment of the Zoning Map. District boundaries shown as approximately following right-of-way lines of freeways, streets, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines. District boundaries shown as lying within right-of-way lines of freeways, streets, railroads, or other identifiable boundary lines shall be construed to follow the centefline of such right-of-way or boundary lines. District boundaries shown as lying at the edge of a stream or the Sacramento River shall be construed to follow the adopted lO0-year floodplain identified for the watercourse. If any uncertainty remains as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map. C. Record of Interpretation. The Director shall keep a record of interpretations made pursuant to this section that shall be available to the public. 18.01.090 Compliance Required All persons empowered by the Redding Municipal Code to grant permits, licenses, certificates, or other approvals shall comply with the prov/s/ons of the chapter. Responsibility for enforcement, penalties, and abatement is addressed more specifically in Part II. /-8 PART 11 ADMINISTRATION Chapter 18.10: Administration Sections: 18.10.010 18.10.020 18.10.030 18.10.040 18.10.050 18.10.060 18.10.070 Planning Agency City Council Planning Commission Board of Administrative Review Development Services Director City to be Held Harmless Refund of Fees 18.10.010 Planning Agency Pursuant to Section 65100 of the California Government Code, the planning agency for the City of Redding shall consist of the City Council, Planning Commission, Board of Administrative Review (Board), and Development Services Director or his/her designee (the "Director"), acting under authority of this chapter. 18.10.020 City Council The City Council shall have the authority to review and approve or deny General Plan amendments, Specific Plans and amendments to Specific Plans, amendments to zoning districts and other provisions of Title 18, development agreements, appeals of Planning Commission determinations, and extensions of time (for projects originally considered by the City Council). 18.10.030 Planning Commission Planning Commission Created. A Planning Commission for the city is established and created pursuant to the provisions of Sections 65100 through 65106 of the Government Code as now or hereafter amended and the provisions of Chapter 2.52 of the Redding Municipal Code. Powers and Duties. The Planning Commission shall have the powers and duties provided for by Sections 65100 through 65106 of the Government Code as now or hereafter amended. In addition, the Planning Commission shall have the responsibility to: Investigate and make recommendations to the City Council regarding reasonable and practical means for implementing the General Plan or any element thereof, so that it will serve as an effective guide for orderly growth and development, preservation, and conservation of open space and natural resources. Provide annual reports to the City Council on the status of the General Plan and progress in its implementation. //-1 Red'rig Zoning Ordinance Update 3. Clarify ambiguities regarding this chapter. Review and approve or deny site development permits, use permits, variances, tentative subdivision maps, and vesting tentative maps (under Title 17, Subdivision Ordinance); grant extensions of time (for projects originally approved by the Planning Commission); hear appeals of decisions and interpretations of the Director and Board of Administrative Review; and make other discretionary determinations as are assigned by this chapter. Make recommendations to the City Council on General Plan amendments; Specific Plans and amendments to Specific Plans; amendments to Title 18 pursuant to Chapter 18.18, Amendments to the Text or Map; and prezoning pursuant to Chapter 18.19, Prezoning. Evaluate the potential environmental impacts of a project pursuant to the California Environmental Quality Act and adopt an environmental determination. Predevelopment Review. The Planning Commission may hold meetings solely for the purpose of compiling staff comments and department conditions of approval and/or conveying information to project applicants. Co Committees. The Planning Commission may establish such standing and temporary committees as it may deem expedient in the performance of its duties. Such duties may include, but are not limited to reviewing and making recommendations on Zoning Code updates/amendments, significant General Plan amendments, and Specific Plans. 18.10.040 Board of Administrative Review Board of Administrative Review Created. A Board of Administrative Review (Board) for the City of Redding is hereby created, consisting of a Planning Commissioner, the Director or representative, and the Public Works Director or representative, as well as such other members as the City Council may by resolution include. Powers and Duties. The Board shall have the general power to act in an advisory capacity to the Planning Commission in regard to permits, licenses, and approvals that are subject to the provisions of this chapter. In addition to the foregoing general power, the Board shall have the following particular powers and duties: 1. Review and approve or deny applications for: a. Site development permits and minor amendments to use permits. b. Appeals of zoning clearance determinations. c. Reversion to acreage (under Title 17). d. Certificate of Compliance (under Title 17). e. Parcel maps (under Title 17). //-2 Redd~ng Zoning Ordinance Ulxk~te f. Comprehensive Sign Plan. g. Environmental determinations. h. Other permits or actions required by the Redding Municipal Code. Require such project revisions, alternatives, and conditions as may be necessary to achieve consistency with the Redding General Plan, as well as compliance with the provisions of this chapter and other applicable laws, titles, ordinances, codes, policies, and regulations. Study, consider, and recommend on matters related to the development review process established by the City pursuant to this chapter. Evaluate the potential environmental impacts of a project pursuant to the California Environmental Quality Act (CEQA) and adopt or recommend adoption of environmental documents. C. Chair. The Chairman of the Planning Commission or his/her designated representative shall serve as chair of the Board of Administrative Review. Predevelopment Review. The Board may hold meetings solely for the purpose of compiling staffcomments and department conditions of approval and/or conveying information to project applicants. Meetings and Rules of Procedure. The Board shall hold regularly scheduled monthly meetings and designate the times, dates, and places thereof. Special meetings may be called by the Chairman or by a majority of the Board provided that adequate legal notice is given. Applications before the Board may be referred to the Planning Commission at the discretion of the Planning Commission representative. 18.10.050 Development Services Director This title shall be administered by the Development Services Director (the "Director"), whose responsibilities include the following functions to be carried out either directly or by subordinate employees under supervision or direction of the Director. A. Powers and Duties Application Process. All applications for permit, licenses, and approvals pursuant to this chapter shall be submitted to the Director for processing. The Director or his/her designee shall be responsible for the: a. Determination of completeness of applications. //-3 Redd/nl Zo~/~t Ord/~mce Update Completion of appropriate documentation under CEQA for permits issued and actions taken pursuant to the Zoning Ordinance. c. Collection of applicable fees. d. Establishment of a permanent file. e. Posting/publication of public notices. f. Preparation of reports. g. Processing of appeals. h. Presentation of staff reports to the Board, Planning Commission, and City Council. 2. The Director shall have the authority to review and approve or deny the following: a. Site development permit (Director). b. Zoning clearance. c. Temporary use permits. d. Zoning exceptions. e. Administrative sign permits. f. Other permits or actions required by the Redding Municipal Code. The Director also shall have the authority to make General Plan consistency determinations as required by Section 65402(a) of the Government Code and to determine the appropriate use classification for uses not specifically listed in this chapter. Interpretation. The Director shall decide any questions involving the interpretation or application of any provision of this code pursuant to the rules, standards, and requirements of this title. The Director's decision may be appealed to the Planning Commission pursuant to the provisions of Section 18.11.090, Appeals, of this code. Co Coordination. The Director shall refer and coordinate matters related to the administration of this chapter with other agencies, City Departments, and City Boards and Commissions and shall provide information on the status of development proposals to interested parties. 18.10.060 City to be Held Harmless (Reserved) //-4 Redding Zoning Ordinance Update 18.10.070 Refund of Fees Whenever an application is terminated for any reason, upon written request of the applicant, a refund of fees paid may be made by the Finance Director in accordance with Schedule 18.10.070-A. If any portion of the application fee has been paid out by the Director to another jurisdiction, firm, or agency for services to be rendered in connection with the application, no refund of that portion of the fee shall be made by the Finance Director to the applicant. Refunds are not available once a public hearing for an application has been noticed. Schedule 18.10.070-A: Schedule for Refund of Fees Application submitted to the City, fee receipted, but no processing begun 90 % Application submitted and found complete or incomplete by the City 80 % Environmental impact determination completed, but application is 50% withdrawn before action or public hearing Note: The Director may authorize a refund less than the percentage found in Schedule 18.10.070-A upon finding that funds were expended in processing the permit in excess of those presumed by that schedule. //-5 Chapter 18.11: Common Procedures Sections: 18.11.010 18.11.020 18.11.030 18.11.040 18.11.050 18.11.060 18.11.070 18.11.080 18.11.090 18.11.100 18.11.110 18.11.120 Purpose Application Forms and fees Preapplication Meeting Review of Applications Determinations/Actions by Director Notice of Public Hearings Conduct of Public Hearings Effective Dates Appeals Lapse of Approval Revocation Renewal 18.11.010 Purpose It is the purpose of this chapter to establish procedures which are common to the application and processing of permits for zoning exceptions, site development permits, use permits, and variances. 18.11.020 Application Forms and Fees The Director shall prescribe the form for each application required under this chapter. The Director may require an applicant to submit such information and supporting data considered necessary to the processing of the application. The City Council shall by resolution fix the fee to be charged for the filing and processing of each application, the preparation of environmental impact documents, and the appeal from the decision of a subordinate agency. The City Council also may require cash deposits, bonds, or other guarantees of performance as may be appropriate to ensure that the requirements of this chapter and any conditions of approval are met. 18.11.030 Preapplication Meeting Prior to submittal of a development application, the applicant may request a preapplication meeting. The purpose of the preapplication meeting is to give the applicant the opportunity to discuss his/her development proposal with the development review staff of the City. The preapplication meeting provides information to an applicant related to the current development standards of the City. A request for a preapplication meeting, accompanied by any required fee, shall be filed with the Development Services Department in a form prescribed and accompanied with project details and plans as determined appropriate by the Director. //-6 Redding Zoning Ordinance Update 18.11.040 Review of Applications Upon receipt of an application, the Director or his/her designee shall note the date received and shall determine whether the application is complete and accurate. Applicants shall be notified in writing within 30 days of making application if.' (1) additional information must be provided in order to complete the application and/or (2) there are any material inaccuracies with the application and related materials that need to be corrected. When complete, the Director shall accept the application for processing and notify the applicant in writing that the application is complete. 18.11.050 Determinations/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 exception 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. 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. 18.11.060 Notice of Public Hearings The Director shall give the notice of a public hearing as required by State law. The form of the notice shall contain: A. The time and place of the hearing. A general explanation of the matter to be considered, including a general description of the project location. Other information which is required by statute or specific provision of this code or which the Director considers necessary or desirable. Where a public hearing for a development permit required by this chapter (site development permit, use permit, and variance), the following process shall be used to provide notice of the pending hearing: //-7 Redding Zoning Ordinance Update Written notice shall be given to the applicant, the applicant's representative, those persons specifically requesting notice, and all owners of property within 300 feet of the property subject to the application as shown on the latest equalized assessment rolls. Notice shall be provided at least 10 calendar days in advance of the public hearing. The Director, at his/her discretion, may extend the boundaries of the notice to include additional property owners. The notice shall also be published in a newspaper of general circulation at least 10 days prior to the public hearing. Notice of public hearings related to requests to amend this title and/or the zoning map shall be completed in accordance with the provisions of Chapter 18.18, Amendments to the Text or Map. 18.11.070 Conduct of Public Hearings The Board of Administrative Review, Planning Commission, and City Council shall comply with the minimum standards established by the Government Code section in the conduct of public hearings. This includes, but is not limited to, providing notice as cited above, making available to the public copies of any reports to the approving or recommending body, preserving a public record of proceedings, and providing opportunity to be heard. The Board of Administrative Review, Planning Commission, and City Council may establish appropriate time limits for speakers as necessary to conduct and complete the business before them. 18.11.080 Effective dates Permits or variances issued under this chapter shall be effective: (1) following expiration of the appeal period if no appeal is filed or (2) upon resolution of the appeal by the appropriate body as determined in Section 18.11.090, Appeals. 18.11.090 Appeals The following shall govern appeals of approval, disapproval, or conditions of approval placed thereon for temporary use permits, site development permits, use permits, and variances and related environmental determinations. Appeals associated with zoning exceptions are addressed in Section 18.15.090, Appeal Procedure. A. Appeals will be resolved by the following bodies: Director Board Of Administrative Review Planning Commission Board of Administrative Review Planning Commission City Council Bo Persons unsatisfied with the appeal determination of the Planning Commission may appeal to the City Council. Decisions of the City Council are final. //-8 Re&ting Zoning Or~e Up~e Co Appeals shall be initiated by submitting a written appeal within 10 days of the action of the approving/appeal body as the case may be. Payment of a fee, as established by resolution of the City Council, shall accompany the appeal. The appeal shall state the reasons for the appeal and why the appellant believes the determination of the approving body should be overturned or modified. Appeals to be heard by the Planning Commission shall be submitted to the Director. Appeals to be heard by the City Council shall be submitted to the City Clerk. Do Grounds for an appeal shall be limited to those issues established in the public record that were brought to the attention of the approving body during its consideration or in written correspondence prior to the approval or denial of the project. Et A public hearing shall be scheduled to consider the appeal at a public hearing within 30 days of receipt of the appeal. The body shall render its decision following the public hearing at which the testimony of the appellant and written or oral report is considered and a determination shall be made. Extension of the above time limits may be allowed upon agreement of the Director and appellant. E Notice of the appeal hearing shall be given to the appellant, persons requesting notification, and owners of properties abutting the subject property. If the permit was the subject of a public hearing, notice of the appeal shall also be made in accordance with Section 18.11.060, Notice of Public Hearings. 18.11.100 Lapse of Approval Ao A permit or variance may lapse 2 years from its date of approval and may be subject to revocation proceedings initiated by the approving body unless any one of the following conditions has occurred: A building permit has been issued, substantial money invested, and construction diligently pursued. 2. A certificate of occupancy has been issued. 3. The use is established. B° Prior to a permit or variance lapsing, a public hearing shall be held at which the holder of the permit or variance shall have an opportunity to establish that one or more of the three conditions noted above have been satisfied. The burden of proof shall be borne by the holder of such permit or variance. C. Such public hearing shall be held and notice given in accordance with this chapter. //-9 Re~mg Zoning OrJ. inar~e Upd~tte 18.11.110 Revocation At Initiation of Proceedings. The Planning Commission on its own motion may, and if directed by the City Council shall, hold a public hearing for revoking any variance or permit which has been granted pursuant to the provisions of this chapter or any ordinance superseded by this chapter. Public hearings shall be held and notice given in accordance with this chapter. Decision of the Planning Commission. After a public hearing, the Planning Commission may revoke a variance or permit on one or more of the following grounds: 1. The approval has lapsed as provided for in Section 18.11.100. 2. Such approval was obtained by fraud or misrepresentation. Any person making use of or relying upon the variance or permit is violating or has violated any conditions thereof; or the use for which the variance permit was granted is being or has been exercised contrary to the terms or conditions of such approval; or the use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare so as to be a nuisance. In lieu of revocation, the Planning Commission may amend conditions of approval and/or compose additional conditions as appropriate. 18.11.120 Renewal If an application for a site development permit, zoning exception, use permit, or variance is disapproved, no new application for the same, or substantially the same, development plan shall be filed within one year of the date of denial of the initial application unless the denial of the initial application is made without prejudice and is so stated in the record of the proceedings. II-10 Chapter 18.12: Zoning Clearance Sections: 18.12.010 18.12.020 18.12.030 Purpose Applicability Review and Decision 18.12.010 Purpose This chapter establishes procedures for obtaining a zoning clearance. A zoning clearance assures a property owner that the use of a site or structure is an allowed land use within the applicable zoning district. In the case of new construction, the zoning clearance also ensures that the development complies with the development standards, performance criteria, and any guidelines applicable to the land use or the zoning district of the site. 18.12.020 Applicability A zoning clearance is required to be obtained from the Director under any of the following circumstances: Prior to issuance of a building permit for any new single-family or multiple-family residential project or commercial building, the zoning clearance will be processed simultaneously with a building permit application. A separate permit application is not required to obtain the zoning clearance. Prior to issuance of any permits or authorization as required by the Redding Municipal Code for the proposed use or construction, where applicable. 18.12.030 Review and Decision A. Project Review Procedures. Business License. A zoning clearance is not required for the issuance of a business license. However, obtaining a zoning clearance will conclusively establish that the proposed activity complies with the use regulations of this code and thus provides certainty to potential business owners/operators. For those that desire to obtain a zoning clearance, the Director shall provide a form that indicates whether: (1) the proposed use is in conformance with the provisions of this chapter; (2) the proposed use is not allowed; or (3) other permits, such as a use permit or site development permit, must be obtained. Building or Other Permit. Prior to issuance of a building or other permit, the Director shall determine whether the proposed building, use, or activity is in compliance with all provisions of this chapter; whether a use permit or site development permit is required; II-11 Re&ling Zoning Ordinance Update or if additional information is needed to make the determination. The Director shall also determine whether adequate public facilities exist at the site location and whether additional right-of-way or utility easements will be required consistent with the Redding Municipal Code. Applicants for a building permit shall be notified of the determination within 14 days of submitting a complete building or other application. B. Time Limits; Expiration. The zoning clearance shall be valid for the same period that the business license is in effect or the companion building or other required permit is in force. 11-12 Chapter 18.13: Site Development Permits Sections: 18.13.010 18.13.020 18.13.030 18.13.040 18.13.050 18.13.060 18.13.070 18.13.080 18.13.090 18.13.100 18.13.110 18.13.120 18.13.130 Purpose Uses and Development Subject to Site Development Permits Site Development Permit Processes Authority and Duties of Director Authority of Board of Administrative Review Application Notice and Public Hearing Duties of the Board of Administrative Review and Planning Commission Required Findings Conditions Effective Date; Appeals Lapse of Approval; Revocation; Renewal Revised Plans; New Applications 18.13.010 Purpose In order to expedite permit processing for certain discretionary permits, it is the intent of this section to establish a procedure whereby site development permits may be processed and approved by the Director, Board of Administrative Review and/or Planning Cx)mmission. Site development permits are designed to address discretionary uses or activities that: A. Have lesser impacts and warrant less intensive review than uses requiring use permits. B. Conform to the City's General Plan and Zoning Ordinance. C. By their scope or nature have some potential to create land use conflicts with adjoining properties. 18.13.020 Uses and Development Subject to Site Development Permits Site development permits are required for: (1) development and uses so identified on the Use Regulations tables found in Chapter 18.31 through 18.36 as requiring a site development permit and (2) as required by Schedules 18.32.030 or 18.33.030. 18.13.030 Site Development Permit Processes Two specific procedures are established for the review and approval of site development permits: (1) Application review and approval by the Director is allowed for smaller scale projects that are exempt from review under the California Environmental Quality Act (CEQA) but that require review for compliance with this Code and the Design Criteria identified in Section 18.40.050 and (2) Application review and approval by the Board of Administrative Review is established for larger 11-13 projects which, due to their nature or scale, have the potential to result in adverse environmental impacts and/or land use impacts to adjacent or nearby properties. 18.13.040 Authority and Duties of Director If a schedule contained in Section 18.32.030, Section 18.33.030, or Section 18.34.030 requires Director approval of a site development permit, the Director shall review and approve applications which are consistent with the General Plan, the general and specific purposes of the zoning district in which the site is located, adopted design criteria, and the provisions of this section. All provisions of this chapter pertaining to the process of review, approval, or denial of a site development permit shall pertain to actions taken by the Director, except that the requirements of Section 18.11.050 shall apply. The permit application may be referred to the Board of Administrative Review for consideration; however, the notice and public heating requirements of Section 18.13.070 shall apply. 18.13.050 Authority of Board of Administrative Review The Board of Administrative Review shall review, approve, or disapprove applications for site development permits which are consistent with the General Plan, the general and specific purposes of the zoning district in which the site is located, and the provisions of this section. The permit application may be referred to the Planning Commission by the Board of Administrative Review for consideration. 18.13.060 Application An application for a site development permit, accompanied by the required fee, shall be filed with the Development Services Department in a form prescribed by the Director and shall be accompanied by plans and conceptual elevations necessary to show details of the proposed use and the proposed buildings, street access, parking, and landscape areas on the premises. The plan shall also show existing and proposed topography; proposed utility connections; stormwater-detention facilities, as applicable; the improved street section for all adjacent streets, including the locations of driveways on abutting properties and across the street(s) from the site as determined appropriate by the Director; and any other information determined by the Director to be necessary to determine compliance with this code, including required environmental findings. When applications for related permits on a single site are filed at the same time, a public hearing shall be scheduled, at which time action on all required approvals shall be taken. 18.13.070 Notice and Public Hearing A. Public Hearings. The Board of Administrative Review, or the Planning Commission, as the case may be, shall hold a public heating on an application for a site development permit. B. Notice of Hearing. Notice of the public hearing shall be given, as prescribed in Chapter 18.11, Common Procedures. 11-14 Redding Zoning Ordinance Update 18.13.080 Duties of the Board of Administrative Review and Planning Commission ao Public Hearing. The Board of Administrative Review or the Planning Commission, as determined by the Director, shall conduct the public hearing and consider the application. A public hearing may be continued to a definite date and time without additional public notice. Decision and Notice. Within 30 days of the conclusion of a public hearing, the hearing body shall approve, conditionally approve, or disapprove the application; notice of the decision shall be mailed to the applicant and any other party requesting such notice within 10 calendar days of the date of the decision. Co Limits on Conditions of Approval. No conditions of approval of a site development permit shall include use, height, bulk, density, open space, parking, loading, or sign requirements that are less restrictive than those prescribed by applicable district regulations. 18.13.090 Required Findings The Director, Board of Administrative Review, or Planning Commission, as the case may be, shall approve an application for a site development permit as it was applied for or in modified form if, on the basis of the application, plans, materials, and testimony submitted, the hearing body finds that: The proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of such proposed use. 2. The proposed use will not be injurious or detrimental to the general welfare of the city. o The proposed use is consistent with the goals and policies established by the General Plan and this code. o The proposed use and project design are consistent with the Ddesign ~guidelines established by resolution of the City Council in accordance with Section 18.40.050, Design Criteria. 18.13.100 Conditions Whenever a site development permit is granted, the Director, Board of Administrative Review or Planning Commission may impose reasonable conditions including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls, location and orientation of roll-up doors, and screening; specific building design elements; requirements for installation and maintenance of landscape and erosion-control measures; regulation of vehicular 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 parking; preservation of trees; regulation of lighting; regulation of hours or other characteristics of operation; establishment of development 11-15 schedules or time limits for performance or completion; extension and provision of public utilities and easements; requirements for periodic review by the Director; and such other conditions as the hearing body may deem necessary to ensure compatibility with surrounding uses; to preserve public health, safety, and welfare; and to implement the General Plan. 18.13.110 Effective Date; Appeals A site development permit shall become effective at the end of the 10-day appeal period, unless appealed. Appeals shall be resolved in accordance with the provisions established in Chapter 18.11, Common Procedures. 18.13.120 Lapse of Approval; Revocation; Renewal The lapse of approval, revocation, and renewal of site development permits shall be governed by the procedures set forth in Chapter 18.1 l, Common Procedures. 18.13.130 Revised Plans; New Applications Revised Plans. A request for changes in conditions of approval of a site development permit or a change to site or building plans that would affect a condition of approval shall be treated as a new application, except that such changes determined to be minor, in the opinion of the Director, may be approved by the Director. 11-16 Chapter 18.14: Use Permits Sections: 18.14.010 18.14.020 18.14.030 18.14.040 18.1z,.050 18.1z,.060 18.1z,.070 18.1z,.080 18.1z,.090 18.1z,.100 18.1z,.110 Purpose Uses and Development Subject to Use Permits Authority of Planning Commission Application Notice and Public Hearing Duties of Planning Commission Required Findings Conditions Effective Date; Appeals Lapse of Approval; Revocation; Renewal Revised Plans; New Applications 18.14.010 Purpose This chapter establishes procedures for approval, conditional approval, or disapproval of use permit applications. Use permits are required for the use classifications typically having unusual site-development features or operating characteristics requiring special consideration, so that they may be designed, located, and operated in a manner compatible with uses on adjacent properties and the surrounding area. 18.14.020 Uses and Development Subject to Use Permits Use permits are required for development and uses identified in the Use Regulations tables found in Chapters 18.31 through 18.36 as requiring a use permit. A use permit is also required for development in certain overlay districts as required by the regulations of those districts. 18.14.030 Authority of Planning Commission The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits subject to the policies and intent of the General Plan, the general purposes of this ordinance, the specific purposes of the base or overlay zoning district in which a development site is located, and the provisions of this section. 18.14.040 Application An application for a use permit, accompanied by the required fee, shall be filed with the Development Services Department in a form prescribed by the Director and shall be accompanied by plans and conceptual elevations necessary to show details of the proposed use and the proposed buildings, street access, parking, and landscape areas on the premises. The plan shall also show 11-17 existing and proposed topography; proposed utility connections; stormwater-detention facilities, as applicable; the improved street section for all adjacent streets, including the locations of driveways on abutting properties and across the street(s) from the site as determined appropriate by the Director; and any other information determined by the Director to be necessary to determine compliance with this code, including required environmental findings. When applications for related permits on a single site are filed at the same time, a public hearing shall be scheduled, at which time action on all required approvals shall be taken. 18.14.050 Notice and Public Hearing A. Public Hearing. The Planning Commission shall hold a public hearing on an application for a use permit. B. Time of and Notice of Hearing. Notice of the public hearing shall be given, as prescribed in Chapter 18.11, Common Procedures. 18.14.060 Duties of Planning Commission Ao Public Hearing. The Planning Commission shall conduct the public hearing and consider the application. A public hearing may be continued to a definite date and time without additional public notice. Bo Decision and Notice. Within 30 days of the conclusion of a public hearing, the Planning Commission shall approve, conditionally approve, or disapprove the application; notice of the decision shall be mailed to the applicant and any other party requesting such notice within 10 calendar days of the date of the resolution ratifying the decision. Limits on Conditions of Approval. No conditions of approval of a use permit shall include use, height, bulk, density, open space, parking, loading, or sign requirements that are less restrictive than those prescribed by applicable district regulations. 18.14.070 Required Findings The Planning Commission shall approve an application for a use permit as it was applied for or in modified form if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission finds: That the proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of such proposed use. 2. That the proposed use will not be injurious or detrimental to the general welfare of the city. 11-18 Redding Zoning Ordinance Update o That the proposed use is consistent with the policies and goals established by the General Plan and this code. The proposed use and project design are consistent with the Ddesign eguidelines established by resolution of the City Council in accordance with Section 18.40.050, Design Gtiidelh~s Criteria. 18.14.080 Conditions Whenever a use permit is granted, the Planning Commission may impose reasonable conditions including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls, location and orientation of roll-up doors, and screening; specific building design elements; requirements for installation and maintenance of landscape and erosion-control measures; regulation of vehicular 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 parking; preservation of trees; regulation of lighting; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; extension and provision of public utilities and easements; requirements for periodic review by the Director; submission of final plans to ensure compliance with the conditions of approval; and such other conditions as the hearing body may deem necessary to ensure compatibility with surrounding uses; to preserve public health, safety, and welfare; to avoid adverse impacts on traffic-carrying capacity of streets and highways, public services, and facilities; and to implement the General Plan. 18.14.090 Effective Date; Appeals A use permit shall become effective at the end of the 10-day appeal period, unless appealed. Appeals shall be resolved in accordance with the procedures established in Chapter 18.11, Common Procedures. 18.14.100 Lapse of Approval; Revocation; Renewal The lapse of approval, revocation, and renewal of use permits shall be governed by the procedures set forth in Chapter 18.11, Common Procedures. 18.14.110 Revised Plans; New Applications Revised Plans. A request for changes in conditions of approval of a use permit or a change to site plans or buildings that would affect a condition of approval shall be treated as a new application, except that such changes determined to be minor, by the Director, may be approved by the Director. 11-19 Chapter 18.15: Zoning Exceptions Sections: 18.15.010 18.15.020 18.15.030 18.15.040 18.15.050 18.15.060 18.15.070 18.15.080 18.15.090 18.15.100 18.15.110 Purpose Scope of Zoning Exception Standards for Which Exceptions May be Considered Required Findings Conditions of Approval Application Determinations/Actions by Director Effective Date; Lapse of Approval Appeal Procedure Hearing Before Board of Administrative Review or Planning Commission Revocation 18.15.010 Purpose In order to provide flexibility necessary to achieve the objectives of the Zoning Code, certain development standards are subject to relief by administrative review and the granting of a zoning exception. 18.15.020 Scope of Zoning Exception A zoning exception is a minor modification of the standards and restrictions of Title 18, where such modification will be compatible with adjoining property and consistent with the General Plan. 18.15.030 Standards for Which Exceptions May Be Considered An exception may be considered for the following standards. Additional exceptions may be allowed if, in the opinion of the Director, they are of a similar nature or magnitude to those listed below: Buffer Yards, Alternative. The minimum width of a buffer yard required by Schedule 18.40.020-A: Buffer Yards, may be reduced by up to 25 percent provided that the reduction will not increase the potential for land use impacts between adjoining properties given the circumstances of a particular site. Bo Building Separation. The Director may authorize a reduction in minimum building separation of up to 20 percent between buildings ff the reduction will maintain compliance with the California Building Code. Co Bus Stop/Transportation Facility Credit. For commercial and multiple-family residential uses with 4 or more units, the Director may authorize up to a 5 percent reduction in required parking where a bus stop is located within 400 feet of the use or up to a 10 percent reduction 11-20 E Ho Jo Redding Zoning Ordinance Update where a bus transfer facility is located within 400 feet of the use. Such reductions may be allowed provided that written findings are made which indicate that the facility is conducive to the use of public transportation. A bus transfer facility has a minimum of 4 bus routes converging in a central location, with the facility having passenger amenities which include benches, trash receptacles, information kiosk, and covered waiting areas. Curb Cuts. More than one curb cut and/or curb cuts greater in width than allowed by Chapter 18.41, Off-Street Parking and Loading, and/or curb cuts located in a residential zone closer than 10 feet to the curb return may be allowed provided that they do not reduce traffic safety as determined by the City Engineer. Exceptions to Height Limits. Towers, spires, cupolas, chimneys, elevator penthouses, water tanks, monuments, theater scenery lofts, and similar structures and mechanical appurtenances covering no more than 20 percent of the top-floor roof area of the structure to which they are attached may exceed height limits by no more than 10 feet with no discretionary review. The Director may approve greater height upon making the findings required by Section 18.15.040, Required Findings. Fence Height. In any district, the maximum height of any fence, wall, hedge, or equivalent screening may be increased by a maximum of 2 feet where the topography of sloping sites or a difference in grade between adjoining sites 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. Front-Yard Setback (Increase). In the "RS" and "RE" Districts, the Director may increase the maximum front-yard setback where it is determined that the increase will not unreasonably affect abutting sites. Front-Yard Setback (Decrease). In any district, the Director may decrease the minimum setback by 10 percent where the decrease will not unreasonably affect abutting sites provided that no exception shall be granted for a garage that is designed to have vehicles back directly out into the street. In addition, the Director is authorized to grant a 5 percent reduction in any setback requirements where construction has commenced and a mistake was made in the surveying or plans preparation. Garage Setback/Sloped Lots. Where the elevation of a lot at a point 20 feet behind the entire frontage of a lot (as measured from the back of curb) is 7 feet above or below the level of the curb, a private garage (attached or detached) for a single-family residence may have a minimum front-yard setback of 10 feet from the front property line of the lot provided that a third open parking space is provided on the site. Limitations on Workshop/Studio Size. Accessory structures used for noncommercial workshops or studios may exceed the size limitations established by Section 18.43.020(H) (3) (d) 11-21 Oo P. Re&ling Zoning Ordinance Update provided that the limitations on lot coverage for the district are not exceeded and that the structure will not affect the privacy or enjoyment of adjacent properties. Lot Size. In any "RE" or "RS" zone, the Director may authorize a maximum 10 percent reduction in parcel area on parcels created by parcel map if 2 or more existing parcels within 200 feet of the proposed parcel map are less than the minimum parcel size. Multistory Limitations; Transitional Building Height; Skyplane. The Director may reduce the multistory-building limitations imposed by Section 18.31.030, the building-height limitations established by Sections 18.32.040 and 18.33.040, or skyplane requirements by up to 20 percent upon determining that any of the following are in evidence: Existing rear- or side-yard setbacks in the abutting "RE" or "RS" District are sufficient to ensure that the intent of the multistory, transitional height, or skyplane limitations are met. The difference in existing or proposed finished grade between building sites is such that privacy, height, or bulk impacts to any residential district would not be present if requirements are reduced. The size or configuration of the developing property is such that it is infeasible to meet the limitations of these sections. Off-Site, Off-Street Parking. For a nonresidential use, the Director may authorize up to 30 percent of the required off-street parking to be met at an off-site location provided that such facilities: (1) are located within 400 feet of the proposed use, (2) are improved to the standards of this chapter applicable at the time the parking lot was constructed, (3) are not already being utilized under the requirements of this code, and (4) do not require pedestrians to cross through an existing or planned 4-lane arterial street. The Director shall require such documents, agreements, commitments, and other evidence as deemed necessary in each particular case before such findings are made. Parking-Space and Aisle-Dimension Reductions. Because of circumstances unique to a property, such as size, shape, topography, location of easements, or desirable trees, the Director may authorize up to a 10 percent reduction in open parking-space or aisle-width dimension for commercial and multiple-family residential uses with 4 or more units. Such exception may be allowed only when it is proven that the reduction will not result in a traffic hazard or impact the necessary parking for the use. Parking--Reduction in Covered Spaces. For single-family residences in existing neighborhoods, one covered parking space may be permitted by zoning exception when at least one additional off-street parking space is provided on the building site and one of the following conditions exists: 11-22 T V. Zoning Ordinance Up'rte The subject property is within a Neighborhood Revitalization Area designated by the City of Redding or the Redding Redevelopment Agency. The subject property is an existing, legally created lot having a width less than required for the base district in which it is located and the Director determines that the predominate off-street parking arrangement in the area is a single covered space. Recreational Vehicle Parking for Affordable 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. Reversing the Frontage of a Comer Lot. The front-yard and street side-yard setbacks on a comer lot, existing or otherwise required by this code, may be reversed for the purpose of establishing yard requirements provided that: (1) the reversal will not result in the placement of structures that are inconsistent with the general nature of the neighborhood and (2) vehicular and pedestrian safety will not be jeopardized. Roof-Mounted Heating and Air Conditioning Equipment. The Director may approve installation of roof- mounted residential heating and air-conditioning equipment provided that the equipment cannot be seen from any existing or future public street, park, school, open space, or other public area for a distance of at least 600 feet. In making such a determination, the Director shall consider such factors as the method of screening proposed, topography of the site and surrounding sites, and allowable height of existing and future buildings within 600 feet of the proposed equipment. Shade Trees in Parking Lot. The Director may authorize a maximum 25 percent reduction in the number of shade trees required in a parking lot provided that the total number of trees required is provided in alternate locations on the site adjacent to the parking area. Side.Yard and Rear-Yard Setbacks. In any resident~ district, the Director may decrease the minimum setback by not more than 20 percent where the proposed setback area or yard is in character with the surrounding 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. In the "GO" District, one side yard other than a street side yard may be decreased to that established for an adjacent existing building provided that one side yard has a minimum setback of 10 feet (15 feet if adjacent to an "R" District). Surfacing. The requirement for paving driveways over 200 feet in length may be waived provided that: (1) the first 30 feet from the paved street or back of the sidewalk shall be paved, (2) the driveway-surfacing requirements of the Fire Marshal shall be met, and (3) the driveway is not located within 75 feet of an existing or future residence. 11-23 Redding 7_oning Ordinance Update Unique Parking Demand Uses. The Director may authorize up to a 10 percent reduction in the off-street parking requirement upon an adequate showing that parking demand for a use is less than that required by Chapter 18.41, Off-Street Parking and Loading. 18.15.040 Required Findings The 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 property or to the use thereon. Bo 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. C. That the proposed adjustment would not be detrimental to the neighborhood in which the property is located. D. That the proposed adjustment is consistent with the General Plan and the zoning and development standards of this chapter that pertain to the subject property. E. That construction has not commenced, except as provided for in Section 18.15.030(H). 18.15.050 Conditions of Approval In the granting of zoning exceptions, the Director may impose such conditions as are deemed necessary to implement the General Plan; to ensure compatibility with surrounding uses; to preserve public health, safety, and welfare; and to enable the Director to make the findings required by this section. 18.15.060 Application An application for a zoning exception shall be filed with the Director in a form prescribed by the 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 exception. The application shall be accompanied by a fee as established by resolution of the City Council. 18.15.070 Determinations/Actions by Director Determinations by the Director shall be in accordance with Section 18.11.050, Determinations/Actions by Director. 11-24 Redding Zoning Ordinance 18.15.080 Effective Date; Lapse of Approval The effective date of a zoning exception and conditions leading to a lapse of approval are governed by the provisions of Chapter 18.11, Common Procedures. 18.15.090 Appeal Procedure The applicant or any person may appeal the determination of the Director to the Board of Administrative Review (Board) within 7 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 Director, together with an appeal fee established by resolution of the City Council. If no appeal is taken within 7 days after the findings and decision of the Director have been mailed, the decision of the Director shall be final. In the event an appeal is filed, the matter shall be set for hearing before the Board (if the application was approved by the Director) or the Planning Commission (if the application was approved by the Board) at its next regular meeting occurring not later than 19 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 Director to the applicant, the appellant, and the owners of abutting property by first-class mail at least 5 calendar days prior to the hearing. 18.15.100 Hearing Before Board of Administrative Review or Planning Commission The appropriate body 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 14 calendar days following the close of the hearing, a decision shall be rendered. The findings and decision may be appealed as set forth Section 18.11.090, Appeals. 18.15.110 Revocation Revocation of a zoning exception shall be in accordance with procedures established in Section 18.11.110. 11-25 Chapter 18.16: Variances Sections: 18.16.010 18.16.020 18.16.030 18.16.040 18.16.050 18.16.060 18.16.070 18.16.080 18.16.090 18.16.100 18.16.110 Purpose Applicability Authority of Planning Commission Application Hearings and Public Notice Duties of Planning Commission Required Findings Conditions 'Effective Date Scope of Approval, Revocation, Renewal Changed Plans; New Applications 18.16.010 Purpose The provisions of this chapter allow for adjustment from the development standards of this code only when because of special circumstances applicable to the property, including location, shape, size, surroundings, or topography--the strict application of the code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any variance granted shall be subject to conditions that will ensure that the variance does not constitute a granting of special privilege (s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated. The power to grant variances does not extend to land use regulations; flexibility in land use regulations is provided in Chapter 18.14, Use Permits. 18.16.020 Applicability Planning Commissions may grant a variance from all physical development requirements of this code except those establishing land uses; residential density; or office, commercial, and industrial intensity (e.g., FAR). 18.16.030 Authority of Planning Commission The Planning Commission shall approve, conditionally approve, or disapprove applications for variances subject to the policies and intent of the General Plan, the general purpose of this ordinance, and the provisions of this chapter. 18.16.040 Application An application for a variance, accompanied by the required fee, shall be filed with the Development Services Department in a form prescribed by the Director and shall be accompanied by plans, //-26 Red,rig goring Ordinance Up~ elevations, or other details necessary to illustrate, and demonstrate the need for, the variance request. 18.16.050 Hearings and Public Notice Upon a determination that the variance application is in proper form and deemed complete, the Planning Commission shall hold at least one public hearing in compliance with Chapter 18.11, Common Procedures. 18.16.060 Duties of Planning Commission Public Hearing. The Planning Commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a definite date and time without additional public notice. Decision and Notice. Within 30 days of the conclusion of a public hearing, the Planning Commission shall approve, conditionally approve, or disapprove the application; notice of the decision shall be mailed to the applicant and any other party requesting such notice within 10 calendar days of the date of the resolution ratifying the decision. 18.16.070 Required Findings The Planning Commission may approve the application as it was applied for or in modified form if-~on the basis of the application, plans, materials, and testimony submitted--the Planning Commission finds that: There are exceptional or extraordinary circumstances or conditions applicable to the property, structure, or use referred to in the application, including location, shape, size, surrounding, or topography, which do not apply generally to property, structures, or uses in the same zoning district, so that the strict application of this code denies the property owner privileges enjoyed by other property owners in the vicinity and under an identical zoning district. Granting the variance is necessary for the preservation and enjoyment of substantial property rights. 3. Granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel. 4. Granting the variance does not result in special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located. Granting the variance will not, under the circumstances of the particular case, be materially detrimental to the public interest, health, safety, convenience, or welfare of the city or injurious 11-27 Redding Zoning Ordinance Update to the property or improvements in the vicinity and zoning district in which the property is located. 18.16.080 Conditions Whenever a variance is granted, the Planning Commission may impose reasonable conditions including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls, location and orientation of roll-up doors, and screening; specific building design elements; requirements for installation and maintenance of landscape and erosion-control measures; regulation of vehicular 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 parking; preservation of trees; regulation of lighting; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; extension and provision of public utilities and easements; requirements for periodic review by the Director; and such other conditions as the heating body may deem necessary to ensure compatibility with surrounding uses; to preserve public health, safety, and welfare; to avoid adverse impacts on traffic-carrying capacity of streets and highways, public services, and facilities; and to implement the General Plan. 18.16.090 Effective Date A variance shall become effective at the end of the 10-day appeal period, unless appealed. Appeals shall be resolved in accordance with the procedures established in Chapter 18.11, Common Procedures. 18.16.100 Scope of Approval, Revocation, Renewal The lapse of approval, revocation, and renewal of variances shall be governed by the procedures set forth in Chapter 18.11, Common Procedures. 18.16.110 Changed Plans; New Applications Changed Plans. A request for changes in conditions of approval of a variance or a change to site plans that would affect a condition of approval shall be treated as a new application, except that changes determined to be minor, in the opinion of the Director, may be approved administratively by the Director. 11-28 Chapter 18.17: Temporary Use Permits Sections: 18.17.010 18.17.020 18.17.030 18.17.040 18.17.050 18.17.060 18.17.070 18.17.080 18.17.090 Purpose Temporary Uses Exempt From Permits Temporary Uses Requiring Permits Authority of Director Application Approval Required Findings ' Conditions Effective Date; Appeals 18.17.010 Purpose This chapter establishes regulations and permit requirements for temporary uses. Temporary uses are intended to be ancillary to permitted uses and/or to operate for a limited period of time. In certain instances, temporary uses may be approved on vacant sites where a primary use has not been established. This chapter authorizes the Director to approve certain temporary uses of land subject to the limitations and standards of this ordinance. 18.17.020 Temporary Uses Exempt From Permits The following temporary uses are allowed without permit subject to meeting any applicable standards and limitations established in the Redding Municipal Code, the limitations specified by this section. The following temporary uses are permitted: Car Washes. Car washes, limited to 2 days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nonresidential properties. Construction Yards and Offices. On-site contractors' construction yards and offices in conjunction with an approved construction project. Yards and offices shall be removed within 10 days of receiving an occupancy permit for the project. Emergency Shelters and Activities. During a declared emergency, temporary emergency shelters or activities shall be permitted in any zoning district provided that the facilities are approved by the City Building Official and Fire Marshal prior to use. D. Garage and Yard Sales in Residential Zones. Three garage or yard sales in any 12-month period, not exceeding 3 consecutive days each, shall be deemed a use incidental to the 11-29 Re~//ng Zoning Ordinance Upd~e residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones. Offices. A temporary construction office, including a manufactured or mobile unit, may be allowed for a maximum time period of one year from the date of approval of a building permit for a development project. An additional time period may be authorized with a temporary use permit as provided for in this chapter. E Outside Displays/Seasonal and Other Sales. The temporary outdoor display/sales of merchandise in conjunction with a lawful business on the premises not exceeding 4 consecutive days or a total of 16 days in any calendar year. The sales area may not reduce available parking by more than 10 percent. A site development permit is required to exceed these standards. Tents may require a Fire Department permit. Public Property. Events which are to be conducted on public property with the approval of the City, not exceeding 3 days in duration, subject to the findings required by Section 18.17.030. H. Real Estate Sales Offices. Real estate sales offices within model homes in new residential developments. Seasonal Sales Lots. Seasonal sales of Christmas trees and pumpkins on nonresidential properties, including temporary security trailers for a period not exceeding 45 days. Similar Temporary Uses. Similar temporary uses which, in the opinion of the Director, do not require a use permit and are compatible with the zoning district and surrounding land uses. 18.17.030 Temporary Uses Requiring Permits The following temporary uses may be allowed subject to the issuance of a temporary use permit. Uses that do not fall within the categories defined below shall comply with the use and development regulations and entitlement review provisions that otherwise apply to the property. Events. Carnivals, circuses, concerts, fairs, farmers' markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rummage sales, secondhand sales, and swap meets for up to 10 days on nonresidential properties and other similar events or activities. 18.17.040 Authority of Director The Director is authorized to grant temporary use permits in accordance with the procedures and findings of this chapter. In granting temporary use permits, the Director may impose such conditions as are deemed necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare; and to further the intent of the General Plan. 11-30 18.17.050 Application Applications for temporary use permits must be made in a form prescribed by the Director at least 15 days before the use is intended to begin, except as may be waived by the Director. The application shall include the written consent of the owner of property on which the use will be located. 18.17.060 Approval All applications for a temporary use permit must first be approved in writing by the Director before such use commences. The Director may approve, conditionally approve, or disapprove an application for such use. The Director may refer an application to the Board of Administrative Review for action on a temporary use permit request where a determination is made that the proposed use may be of particular interest or concern to surrounding property owners or to the public at large. 18.17.070 Required Findings The Director may approve an application for a temporary use of land for a period of time as specified in this chapter only upon making all the following findings: A. The proposed use will not adversely affect adjacent structures and uses or the surrounding neighborhood. The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area. C. The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing or temporary parking areas. D. The proposed use will not conflict with the terms of any planned development permit or conditional use permit currently in effect on the property. The proposed use will not otherwise constitute a nuisance or be detrimental to the public health, safety, and general welfare of the community. 18.17.080 Conditions In authorizing an application for a temporary use permit, the Director shall include as conditions of approval the following minimum provisions: 11-31 Redding Zoning Ordinance Update A. The use will be limited to the dates and times (or period of time), nature, and extent prescribed by the Director. All work, including building, electrical, and plumbing, will conform to all requirements of applicable codes. C. Provisions for fire protection and fire vehicle access will be made as prescribed by the Fire Marshal. D. Signage will be limited to that approved by the Director. E. The site will be continuously maintained free of weeds, litter, and debris. E Within 3 days after removal of the temporary use, the site will be completely cleaned; all trash, debris, signs, sign supports, and temporary electrical service will be removed. Any additional limitations or conditions as required by the Director as conditions of approval to ensure that the temporary use will not have an adverse impact on adjoining properties or the public health, safety, and general welfare of the community. 18.17.090 Effective Date; Appeals A temporary use permit shall become effective immediately upon approval of the Director or other authority. Appeal of the determination to approve or deny the permit shall be made within 10 days of approval and shall be resolved in accordance with the procedures established in Chapter 18.11, Common Procedures. 11-32 Chapter 18.18: Amendments to the Text or Map Sections: 18.18.010 18.18.020 18.18.030 18.18.040 18.18.050 18.18.060 Authorization Initiation Public Hearings Planning Commission Action City Council Action Amendments to General Plan 18.18.010 Authorization This title may be amended by changing the zoning map or the regulations. 18.18.020 Initiation An amendment may be initiated as follows: At An application filed with the Director. The application shall be explicit as to the requested amendment and shall be accompanied by the prevailing fee as established by the City Council by resolution. B. By direction of the City Council. C. By direction of the Planning Commission. 18.18.030 Public Hearings At If the amendment pertains solely to the text of this tide, 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 circulation within the city at least 10 days prior to the hearing. If 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 in accordance with Section 65091 of the Government Code. Notice shall be marled to: 1. Property owners within the affected area at least 10 days prior to the hearing. 2. Public agencies which may be affected by the action under consideration. II-33 Redding Zoning Ordinance Update All owners of real property within 300 feet of the property that is the subject of the hearing, as shown on the latest equalized assessment rolls. If the number of affected parcels is greater than 1,000, notice shall be provided by placing a 1/8-page display advertisement in a newspaper of general circulation at least 10 days prior to the hearing, and individual notice mailed to property owners is not required. If the required notice is mailed, notice shall also be provided in a newspaper of general circulation at least 10 days prior to the hearing. C. Any failure to mail postal notices, as set forth in this section, shall not invalidate any proceedings for amendment of this title. 18.18.040 Planning Commission Action Following the hearings set out in Section 18.18.030, Public Hearings, the Planning Commission shall provide the City Council with a written report of its recommendations. 18.18.050 City Council Action Upon receipt of the report by the Planning Commission, the City Council shall conduct a public hearing on the matter. The City Clerk shall set the date for the public heating and give notice of the public hearing and the proposed amendment by at least one publication in a newspaper of general circulation within the city at least 10 days prior to the hearing. After the conclusion of the hearing, the City Council may adopt, modify, or reject the amendment. If the Council elects to modify the proposed amendment in a manner not previously considered by the Planning Commission, it shall refer its intent to the Planning Commission for a report and recommendation. The Council shall not adopt the modification until (1) either the report of the Planning Commission has been filed with the City Council or (2) until 40 days has elapsed after the City Council has referred the modification to the Planning Commission. The Planning Commission need not conduct a public hearing. 18.18.060 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. 11-34 Chapter 18.19: Prezoning Section: 18.19.010 18.19.020 18.19.030 18.19.040 18.19.050 18.19.060 18.19.070 Purpose Procedure; Zoning Map Designation; Effective Date Exceptions Applications and Public Hearings Review Criteria Denial Development Agreement Required 18.19.010 Purpose The purposes of prezoning property prior to annexation into the city are: A. To promote the orderly development and expansion to the boundaries of the City of Redding consistent with the General Plan. Bo To ensure that all impacts to municipal services that may result from eventual annexation of prezoned land are addressed and to plan for appropriate mitigation measures. C. To protect, preserve, and promote the quality of life by establishing control over the quality, distribution, and rate of growth in the City of Redding. 18.19.020 Procedure; Zoning Map Designation; Effective Date A. The City may prezone unincorporated territory adjoining the city limits for the purpose of establishing the zoning district that will apply in the event of subsequent annexation to the city. Bo The method and procedure for establishing such prezonings shall be in accordance with Chapter 18.18, Amendments to the Text or Map. C. Unincorporated property that has been prezoned shall carry a "P" prefix before the zone classification and shall be so designated on the official zoning map of the city. The zone classification established through the prezoning procedure shall become effective and enforceable at the time annexation of the property to the city becomes effective. At this time, the "P" prefix shall be deemed automatically removed from the zone classification. 18.19.030 Exceptions The standards established and the process contained in this section shall not be applicable to the following types of annexation proposals to the City of Redding: 11-35 Re~in~ Zonin~ Ordinance Up~e A. Publicly Owned Lands and/or Facilities. Bo Lands within unincorporated portions of Shasta County which are totally bounded by the Redding corporate limits (unincorporated islands). 18.19.040 Applications and Public Hearings Applications for prezoning shall be made in accordance with Chapter 18.18, Amendments to Text or Map. The application must contain sufficient information to make the determinations required in Section 18.19.050. At the time the application is deemed complete and after completion of environmental review required by CEQA, a public heating date shall be set in the manner prescribed by law and in accordance with Chapter 18.11, Common Procedures, and Chapter 18.18, Amendments to the Text or Map. 18.19.050 Review Criteria Each application submitted to the City of Redding proposing prezoning of unincorporated property shall be reviewed pursuant to the following application criteria: 1. The property is adjacent to the existing city limits of Redding. The property is located within the sphere of influence area of the City of Redding. A single parcel in which more than 50 percent of the land area is located within the sphere of influence shall be considered to be located within the sphere of influence. o The development proposed for the unincorporated property is consistent with the land use designations of the City's General Plan. The property is within the Primary Growth Area as defined in the General Plan. Expansion of the Primary Growth Area shall meet the standards called for in the General Plan. o The proposal includes a plan for mitigation of impacts on parks and recreation needs by both land dedication and development or by payment of in-lieu development fees at a standard consistent with the Redding General Plan. The proposal includes a plan for mitigation of impacts to police and fire services, including analysis of emergency-response times and other appropriate service levels or other acceptable alternative measures to protect the health and safety of residents. o The proposal includes a plan for mitigation of impacts to needed public infrastructure both on site and along the project frontage without the need for the City to provide supplemental facilities. 11-36 Redding Zoning Ordinance Update The proposal has the capability to mitigate the impacts associated with its development through the payment of applicable fees and/or construction of necessary public facilities. The proposal includes a plan for mitigation that will not worsen the level of service(LOS) at any intersection or along any roadway serving or affected by the project to an unacceptable level. 18.19.060 Denial If the proposed prezoning application does not satisfy all the review criteria of Section 18.19.050, the application shall be considered premature and shall be denied. 18.19.070 Development Agreement Required The City Council may require that applicants for approval of prezonings and annexation proposals enter into a development agreement with the City. The application process for a development agreement shall be as specified in Chapter 18.20. 11-37 Chapter 18.20: Development Agreements Sections: 18.20.010 18.20.020 18.20.030 18.20.040 18.20.050 18.20.060 18.20.070 18.20.080 Purposes Application Public Hearings Findings Execution and Recordation Effect of Development Agreement Annual Review Approved Development Agreements 18.20.010 Purposes The purpose of this chapter is to implement Government Code Sections 65864-65869.5, authorizing governmental entities to enter into legally binding agreements with private parties. This chapter outlines the procedures and minimum requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners, the Planning Commission, or the City Council. It is intended that the provisions of this chapter shall be fully consistent and in full compliance with the provisions of the Government Code and shall be so construed. In construing the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate and to be consistent with the language of this chapter, State law, and the agreement. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents and in the following order: 1. The plain terms of the development agreement. 2. The provisions of this chapter. 3. The provisions of State law. 18.20.020 Application A. Any owner of real property may request and apply through the Director to enter into a development agreement. Acceptance of the application is contingent on the following: The status of the applicant, as an owner of the property, is established to the satisfaction of the Director. The application is made on forms approved and contains all information required by the Director. 11-.38 Redding Zoning Ordinance Update The application is accompanied by all lawfully required documents, materials, and information. Bo The Director shall receive, review, and process all applications for development agreements and prepare recommendations for Planning Commission and City Council consideration for all such applications. Co Processing fees, as established by resolution of the Council, shall be collected for any application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with State law. 18.20.030 Public Hearings Ao The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the Planning Commission in compliance with Chapter 18.11, Common Procedures. Following conclusion of a public heating, the Planning Commission shall make a written recommendation to the Council that it approves, conditionally approves, or denies the application. B° Upon receipt of the Planning Commission's recommendation, the City Clerk shall set the application and written report of the Planning Commission for a public hearing before the Council in compliance with Chapter 18.11, Common Procedures. Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application. C. Notice of the heatings shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law, Government Code Section 65867. 18.20.040 Findings The City Council may approve or conditionally approve a development agreement only after first ' making all the following findings: A. The development agreement would be in the best interest of the City. B. The development agreement would promote the public interest and welfare of the City. 18.20.050 Execution and Recordation A. The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement becomes effective. II-39 Re~tin~ Z_~nin~ O~dinance Update The provisions of this chapter shall not be construed to prohibit the Director, Board, Planning Commission, or City Council from conditioning approval of a discretionary entitlement on the execution of a development agreement where the condition is otherwise authorized by law. C. A development agreement shall be recorded with the County Recorder no later than 10 days after it is executed. 18.20.060 Effect of Development Agreement Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications applicable to development of the property subject to a development agreement are the rules, regulations, and official policies in force at the time of execution of the agreement. The agreement does not prevent the City in subsequent actions from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies. 18.20.070 Annual Review Development agreements shall be limited to a period not to exceed a maximum of 10 years from the effective date of the adopting ordinance. The City may specify in the agreement options to renew the term of the agreement. Development agreements may be reviewed once every 12 months at the request of the City Council, Director, or applicant unless the agreement provides for a different review period, in which case the agreement shall prevail. The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement. Do Prior to each review, the Director shall prepare a report on all development that has occurred under the agreement subsequent to the last review and any other matters the department wishes to bring to the Council's attention. If the Director review determines that all terms and conditions of the agreement were met and the Council concurs, no further review is required. E If the Director recommends modification or termination of the agreement, a public hearing shall be scheduled before the Planning Commission on the agreement. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 18.20.030. At such hearing, the applicant shall have the burden of demonstrating his/her good II-40 Redding Zoning Ordinance Update faith compliance with the terms and conditions of the agreement. After closing the public hearing, the Planning Commission shall determine whether to recommend that the agreement be terminated, modified, or confirmed as is. Go Upon receipt of the Director's or Planning Commission's recommendation, the City Council shall schedule a public hearing. Notice of intention to modify or terminate the agreement shall be given as prescribed in Section 18.20.030. If, after the public hearing is closed, the City Council fmds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement, the City Council may modify or terminate the agreement 18.20.080 Approved Development Agreements Development agreements approved by the City Council shall be on file with the City Clerk. 11-41 Chapter 18.21: Reserved II-42 Chapter 18.22: Adequate Public Facilities Sections: 18.22.010 18.22.020 18.22.030 18.22.040 Purposes Applicability Adequate Public Facilities Review Public Facility Requirements 18.22.010 Purposes The specific purposes of this chapter are: To ensure that adequate right-of-way is available for existing and planned streets and utilities and that streets and other public facilities needed to support new development meet or exceed the level-of-service thresholds and engineering standards established by the General Plan or adopted subsequently adopted by resolution of the City Council. B. To ensure that new development is not approved that would cause a reduction in the levels of service for any public facilities below the adopted level-of-service thresholds. C. To ensure that adequate public facilities needed to support new development are available concurrent with the impacts of such development. 18.22.020 Applicability Public Facilities. For purposes of this chapter, "public facilities" includes, but is not limited to, the following: streets and street rights-of-way, water and sewer conveyance facilities and easements, water and sewer pump and lift stations and electric transmission and distribution lines and easements, public safety facilities and services, and park facilities and services. General Applicability. The provisions of this part shall apply to all applications for a zoning clearance, site development permit, or use permit, within the City, except: Minor alterations and additions to existing structures of less than 15 percent of their gross floor area. 2. Single-family dwellings on existing parcels. 18.22.030 Adequate Public Facilities Review Determination of Adequacy. Once an application for a site development permit, use permit, or subdivision approval has been filed, the Director, in consultation with other City departments, shall evaluate the proposed project for compliance with service thresholds 11-43 Redding Zoning Orc~nence Update Bo Co contained in the General Plan, the adopted resolution of the City Council, this chapter, adopted engineering standards, and the facilities needs as determined by appropriate master utility or service plans adopted or otherwise accepted by the City. The project applicant may be required to provide engineering or other pertinent data which will assist the Director in evaluating project impacts. In each case, project impacts shall be based on impacts anticipated at the time occupancy is expected to occur. Based on his/her evaluation, the Director shall determine whether public facilities are, or will be, adequate to serve the proposed development and whether the development will reduce service levels below adopted standards. Project Approval. An application shall not be approved flit is shown that levels of service will be reduced below adopted thresholds unless the reduction will be mitigated to the satisfaction of the City or a "deficiency plan" is prepared by the applicant and approved in accordance with Section 18.22.030(C). If the nature of improvements required or the proposed timing of the development are such that a deficiency plan is not practicable, the developer may choose to do any of the following subject to approval of the approving authority: Delay the development until necessary improvements are constructed by the City or other entity. o Construct the necessary improvements subject to a reimbursement agreement, where allowed by law and approved by the City, which will specify what the applicant's proportional share of costs is based on project impacts. The amount to be reimbursed is the amount of the improvement costs paid by the applicant that exceed the proportional COSTS. Enter into an agreement with the City to participate financially in the cost of the improvements in order to accelerate their construction. Scale down the project or modify the phasing, so that the standards required by this chapter are met. Any other reasonable actions to ensure that all public facilities and services will be adequate and available concurrent with the impacts of the proposed development and that service levels are not reduced below adopted standards. Deficiency Plan. The approving body may approve a development that will result in a reduction of service levels below adopted standards if a deficiency plan is adopted by the approving authority. The plan must clearly establish the: 1. Measures that will be taken to address the deficiency. 2. Funding mechanism to be utilized. 3. Approximate timing of construction. 4. Party responsible for undertaking improvements. 11-44 Re~ling Zoning Or,mince Update The deficiency plan may be tied to the adopted Capital Improvement Plan (CIP) of the City provided that necessary improvements are explicitly included in the 10.year CIP and funds are identified and committed for the improvements. The deficiency plan may also be tied to a Development Agreement between the City and the project applicant that ensures completion of identified improvements. 18.22.040 Public Facility Requirements Streets. All new development subject to the provisions of this chapter shall demonstrate that the level-of-service thresholds contained in the General Plan will not be degraded by project development. Those thresholds are: LOS "C" for most arterial streets and theft intersections. LOS "D" for the Downtown area. LOS "D" for streets and interchanges within the State highway system. LOS "D" for river-crossing corridors whose capacity is affected by adjacent intersections. All proposed developments that would create more than 250 average daffy vehicle trips shall be required to demonstrate the adequacy of the street system to accommodate traffic from the proposed development consistent with the above thresholds unless the Director determines that such information is not needed to determine compliance with the applicable level-of-service standard. That determination may be based on recent area traffic studies, projections of the City's Master Street Plan, or similar information. Developments with less than 250 average daily vehicle trips shall be presumed to have an insignificant impact on the street system and shall be exempt from the requirements for a traffic impact analysis unless the Director determines that the existing street conditions are such that any additional traffic may further reduce service levels below adopted standards. Right-of-way dedication may be required as a condition of development approval if the adjacent street does not meet the City's right-of-way standard for that class of street. Traffic Impact Analysis Submittal Requirements. The applicant shall submit sufficient information to allow the City to determine whether the street cross-section and level-of- service standards will be met for the proposed development. A traffic impact analysis shall be prepared by a qualified traffic engineer who is a licensed engineer in the State of California, and shall contain the following information for the traffic-impact area. All assumptions and data sources shall be clearly explained and fully documented: at A location map showing the development site, adjacent streets, and the access route to the nearest State highway or Interstate-highway and all bridges along the access route. 11-4.5 bo Identification of the precise boundaries of the traffic impact area, which shall be approved in advance by the City. A detailed description of the street network within the traffic impact area, including all major intersections, proposed and existing ingress and egress locations (single- family residential driveways excepted), all existing street widths and rights-of-way, all existing traffic signals and traffic-control devices, and all existing and proposed public-transportation services and facilities serving the traffic-impact area. do The capacity of existing and proposed street segments based on accepted traffic engineering methodology within the 20-year planning horizon. Current and 20-year projected average daily traffic volumes on all streets within the traffic impact area that will be affected by the proposed development. A capacity analysis of all major street sections and street intersections affected by the proposed development and for allproposed access points to the development site, taking into consideration existing traffic as well as traffic that will be generated by the proposed development. go A summary outlining the study findings on the traffic impacts of the proposed development on the existing and proposed street system, including a detailed description of proposed improvements necessary to mitigate impacts where the analysis indicates unacceptable levels of service or safety problems. ho Other information as may reasonably be required by the City to determine compliance with the applicable level-of-service standards. Information to be submitted shall be analyzed in both a "project-build" and "no-build" scenario. Water, Wastewater, Electricity, Stormwater, Public Safety, and Parks and Recreation. Level- of-service standards for water, wastewater, electricity, stormwater, public safety, and parks and recreation facilities shall be established by resolution of the City Council. Periodically, but not less than every two years, the service levels contained in the resolution shall be reviewed and adjusted by the City Council, if necessary, to reflect current capital improvement programming, redevelopment plans, and similar mechanisms that influence service levels. 11-46 Chapter 18.23: Reserved //-47 Chapter 18.24: Environmental Clearance Sections: 18.24.010 18.24.020 18.24.030 18.24.040 18.24.050 18.24.060 18.24.070 18.24.080 18.24.090 18.24.100 18.24.110 18.24.120 18.24.130 18.24.140 18.24.150 Purpose Incorporation of State CEQA Guidelines Additional Definitions Application Completeness/Time Limits Projects Exempt from State CEQA Guidelines Environmental Determination Negative Declarations Environmental Impact Report (EIR) Preparation Notice of Completion Review of Draft EIR Response to Comments on a Draft EIR Final EIR Mitigation Monitoring and Reporting Appeals of Environmental Determinations Fees and Bonds 18.24.010 Purpose The purpose of this section is to provide the City of Redding, project applicants, 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 General Plan. 18.24.020 Incorporation of State CEQA Guidelines The full text of the State CEQA Guidelines as amended is hereby incorporated by reference into this ordinance 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. 18.24.030 Additional Definitions The list of defined terms in Chapter 18.61, List of Terms and Definitions, under Title 18 of the City of Redding Municipal Code is expanded by reference to include the definitions contained in the Public Resources Code and the State CEQA Guidelines. 11-48 Redding Zoning Ordinance Update 18.24.040 Application Completeness/Time Limits The Department shall determine whether an application for a permit or other entitlement for use is complete within 30 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 31~t day. When reviewing the application for completeness, the Department shall identify environmental issues that require additional information or explanation by the applicant. An application for a project shall not be accepted as complete by the Department until all the additional information necessary for environmental review has been submitted. Accepting an application as complete does not limit the authority of the City to require the applicant to submit additional information needed for environmental evaluation of the project. 18.24.050 Projects Exempt from State CEQA Guidelines Ao Ministerial Projects. Projects determined to be ministerial, as defined in Section 15268 of the State CEQA Guidelines, are exempt from CEQA. A list of activities determined to be ministerial projects by the City of Redding has been adopted by resolution of the City Council and includes: Issuance of building permits and related Building Division permits (e.g., plumbing, electrical, foundation) that do not involve potential environmental impacts. 2. Issuance of encroachment permits that do not involve potential environmental impacts. 3. Issuance of business licenses. Reversions to acreage or certificates of compliance, when in conformance with the City Zoning Ordinance and the Subdivision Map Act and when no condition other than payment of fees pursuant to the Redding Municipal Code is required. 5. Acceptance of improvements and approval of final subdivision maps. 6. Approval of individual utility service connections and disconnections. 7. Issuance of demolition permits that do not involve structures of historical significance. Issuance of sign permits in compliance with Chapter 18.90 of the Redding Municipal Code, which do not require a Planning permit or do not result in a potentially significant visual impact. 11-49 Redding Zoning Ordinance Update 9. Parade or special-event permits. 10. Dog licenses. 11. Certificates of occupancy. 12. Lot merger applications. 13. Technical corrections to recorded maps. 14. Issuance of Fire Department permits necessary for the safeguarding of life and property. 15. Bicycle licenses. 16. Park use and park festival permits by the Community Services Department. 17. Aboveground flammable-liquid storage tanks as provided for under Section 9.20.040 of the Redding Municipal Code. 18. Lease agreements that do not involve potential environmental impacts. 19. Establishment of Landscape Maintenance Districts. 20. Contract awards for Public Works projects that do not involve potential environmental impacts. 21. Agreements for services granted by the City Council which do not involve potential environmental impacts. 22. Vacation of easements that do not involve potential environmental impacts. 23. Abatement proceedings. 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. Notice of Exemption. When the Department determines that a project is categorically or statutorily exempt from CEQA and the City approves or decides to carry out a project, the Department may file a Notice of Exemption. The Notice of Exemption may be prepared in accordance with Section 15062 of the CEQA Guidelines. 11-50 Redding Zoning Ordinance Filing of Notice of Exemption. The Department may file the Notice of Exemption with the County Clerk of Shasta County. Copies of the notice may also be available for public inspection at the Department. Filing and posting the Notice of Exemption commences a 35-day statute of limitations from the date of project approval. If the Notice of Exemption is not filed, a 180-day statute of limitations applies. 18.24.060 Environmental Determination If it is determined that a project is not exempt and is subject to CEQA, the Department 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. The Initial Study report shall be prepared in accordance with Section 15063 of the CEQA Guidelines. Thresholds of significance shall be determined as based on CEQA, the General Plan, and other regulatory documents or permit requirements. An 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. Upon completion of an Initial Study, an environmental determination is made by the Director. As an option, 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. 18.24.070 Negative Declarations Ao The Department 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. Where the Department determines that a project may have a significant effect on the environment, the Department may propose modifications to the project that 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 may prepare a draft Mitigated Negative Declaration. Co As required by Section 21091 of the Public Resources Code, the Department shall provide at least a 20-calendar-day public-review period for a draft Negative Declaration or draft Mitigated Negative Declaration from the date the notices are postmarked. When a Negative Declaration or a Mitigated Negative Declaration is submitted to the State Clearinghouse for review by State agencies, the review period shall not be less than 30 calendar days from the date the document 11-51 is distributed by the Clearinghouse. The proposed Negative Declaration or a Mitigated Negative Declaration shall be kept on file at the Department to provide an opportunity for public review. Notice of availability of any proposed Negative Declaration shall be mailed to all property owners within 300 feet of the exterior boundaries of the development site in accordance with the common procedures in Chapter 18.11. Prior to approving a project, the City shall consider the draft 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 ff 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. E With a private project, the Negative Declaration or a Mitigated Negative Declaration must be completed and ready for approval within 105 calendar days from the date when the City accepted the application as complete. 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 shall file a Notice of Determination and any appropriate California Department of Fish and Game (CDFG) fees to the Shasta County Clerk within 5 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 30-day posting period of the notice. Posting of the notices starts a 30-calendar-day statute of limitations on court challenges to the approval under CEQA. If a Notice of Determination is not filed and posted by the City with the County Clerk, a 180-day statute of limitations will apply. 18.24.080 Environmental Impact Report (EIR) Preparation Upon completion of the Initial Study and a determination by the Board of Administrative Review, the Planning Commission, or the Director that an EIR is required, the Department shall initiate the EIR process as described in this section. The EIR process should be consolidated, to the extent possible, with the existing planning, review, and approval process. The Director shall execute a contract with an independent firm or individual to complete the EIR. The Director shall require a cash deposit or other security from the project proponent to ensure that costs associated with preparation, review, and administration of the EIR and contract are recovered. At Notice of Preparation. Upon a determination by the City that an EIR is required, the Department shall prepare a Notice of Preparation (NOD pursuant to Section 15082 of the State CEQA Guidelines. The Department may require the project proponent to provide information necessary for preparation of the NOP The Department shall send the NOP to each Responsible or Trustee Agency. In addition, the 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 provides a record that the NOP was received. A period of 30 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 the NOP to each State responsible agency and trustee agency with a copy sent to the State Clearinghouse. Issues in an EIR. During or subsequent to the NOP review period, a meeting may be convened by the Department. The meeting shall involve representatives from pertinent agencies in order to clarify and focus the issues to be addressed in the Draft EIR. Preparation of the Draft EIR. When an EIR is required for a project, the Department shall be responsible for preparation of the draft document. The Draft EIR may be prepared by an environmental consultant in a format specified by the City and shall include all the contents specified in CEQA Guidelines. If environmental documentation is prepared under contract to the City, the contract shall be executed within 45 days of the determination that the environmental documentation is required. 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. A draft Mitigation Monitoring Plan shall also be submitted. 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 14 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 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. 18.24.090 Notice of Completion Upon acceptance of the Draft EIR by the Department, a Notice of Completion (NOC) shall be filed with the State Clearinghouse pursuant to CEQA Guidelines. 18.24.100 Review of Draft EIR The Department shall provide at least a 30-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 45 calendar days unless a shorter period is approved by the State Clearinghouse. 11-.53 The Department shall provide notice of the public review for the Draft EIR upon filing of the Notice of Completion with the State Clearinghouse per CEQA Guidelines. Direct notice shall be given to all organizations or individuals who have previously requested such notice. C. 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 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. 18.24.110 Response to Comments on a Draft EIR The Department 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 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. All comments received, either in writing or as summarized in minutes of public meetings, shall be retained by the Department for a period of at least 3 years following certification of the Final EIR for the subject project. 18.24.120 Final EIR A. Preparation. The Department shall prepare the Final EIR in accordance with CEQA Guidelines. ' 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 10 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. The City shall certify that the Final EIR has been completed in compliance with CEQA, that the document reflects the City's independent judgment and analysis, and that the decision-making body has reviewed and considered the information contained in the Final EIR pursuant to CEQA Guidelines. 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 effect(s). Possible findings are described in CEQA Guidelines. //-54 Redding Zoning Ordinance Update Decision on a Project. After considering the Final EIR and in conjunction with making required findings, 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 6 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 the project as approved will not have a significant effect on the environment or the City has: Eliminated or substantially lessened all significant effects on the environment, where feasible. Determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to Overriding concerns. 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. E Time Limits. With a private project, the City shall complete and certify the Final EIR within one year after the date the project application 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. Notice of Determination. The City shall file a Notice of Determination (NOD) with the Shasta County Clerk following project approval for which an EIR was prepared. The notice shall be prepared in accordance with CEQA Guidelines. If a State agency is a Responsible or Trustee Agency, the NOD shall also be filed with the State Clearinghouse. Statute of Limitations. Notices of Determination shall be mailed to requesting parties ffsuch request is made within the 30-day posting period of the notice. Posting of the notices starts a 30-calendar-day statute of limitations on court challenges to the approval under CEQA. If a Notice of Determination is not filed and posted with the County Clerk by the City, a 180-day statute of limitations will apply. Final EIR Distribution. Within 15 calendar days after certification of a Final EIR, a copy of the Final EIR shall be available for review or sale at the Department for a reasonable amount of time. The City shall provide a copy of the certified Final EIR to each Responsible Agency. 11-55 Zoning Or~mce Upcht~ 18.24.130 Mitigation Monitoring and Reporting As required under the Public Resources Code, the City of Redding shall establish monitoring or reporting procedures for mitigation measures adopted as a condition of project approval in order to mitigate or avoid significant effects on the environment Applicants shall be required to submit checklists indicating the mitigation measure to be monitored, the agency and/or person responsible for monitoring, and dates for the commencement and completion of the mitigation. Draft monitoring programs for projects for which an EIR or Mitigated Negative Declaration is prepared shall be included in the draft documents. The monitoring program shall be subject to the same public review and comment accorded all other portions of the draft document. The final monitoring program shall be adopted as a part of the CEQA findings for the subject project. C. A monitoring program for a Mitigated Negative Declaration shall be attached to the document as a supporting exhibit. 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 noncompliance and request immediate correction. Where the permittee fails to comply with the imposed mitigation measures, the City shall take appropriate enforcement action, including issuance of stop-work orders. 18.24.140 Appeals of Environmental Determinations Any determination or decision made by the 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 made by filing a written appeal with the Development Services Department within 10 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 30 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). 11-.56 18.24.150 Fees and Bonds Applicants shall be required to pay an environmental review fee at the time of application as set by City Council resolution. To guarantee that the City has the resources to carry out the Mitigation Monitoring and Reporting Program, the approving authority may require the project proponent to post a cash bond or other specific assurity acceptable to the City Attorney at the time the project is approved or is to be carried out. The assurity would be used to cover the cost ofstafftime in meeting the requirements of a Mitigation Monitoring and Reporting Program. The assurity would be posted with the City Treasurer, and all accrued interest would be used to cover administrative handling by the City. Upon completion of the Monitoring Program, any unused portion of the assurity would be returned to the.project proponent. //-57 Chapter 18.25: Enforcement Sections: 18.25.010 18.25.020 18.25.030 Conformance Required Director Permit Compliance 18.25.010 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 any such permit or license issued in conflict with the provisions of this title shall be null and void. 18.25.020 Director It is the duty of the Director to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, altering, or addition to any building or structure and pertaining to use of property as regulated by this code; and his/her duty and authority in this regard shall include the issuing of stop work orders. 18.25.030 Permit Compliance Failure to comply with the conditions of approval of any permit issued pursuant to the provisions of this code shall be considered a violation of the Redding Municipal Code and subject to all enforcement actions established therein. //-58 PART 111 BASE DISTRICT REGULATIONS Cha ter 18.30: Rural Lands District Sections: 18.30.010 18.30.020 18.30.030 Purpose Land Use Regulations Site Development Regulations and Performance Standards 18.30.010 Purpose The specific purposes of the "Rural Lands" District are to: 1. Maintain and enhance the areas which have significant agricultural value. Protect areas from development that are constrained by relatively extreme topography or are in outlying rural areas as identified in the General Plan. Implement and provide appropriate regulations for the "Residential, 1-dwelling-unit-per-5-acre" and larger (5 a/u) General Plan classifications. 18.30.020 Land Use Regulations Schedule 18.30.020-A below prescribes the land use regulations for the "RL" Residential Districts. The regulations for the district are established by letter designations as follows: "P" designates permitted use classifications. "L" designates use classifications that are permitted, subject to certain limitations prescribed by the additional use regulations contained in this chapter. "S" designates use classifications that are permitted after review and approval of a site development permit by the Board of Administrative Review. "Sd" designates use classifications that are permitted after review and approval of a site development permit by the Director. "U" designates use classifications that are permitted after review and approval of a use permit by the Planning Commission. Use classifications are defined in Chapter 18.60, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications not listed or not substantially similar to the uses in the schedule below are prohibited. The schedule also notes additional use regulations that apply to various uses. III. I Redding Zoning Ordinance Update Schedule 18.30.020-A: Use Regulations--"Rural Lands" District Residential Uses Single Family P Family Day Care, 6 or fewer P Residential Care, Limited P Public and Semipublic Uses Cemetery U Park & Recreation Facilities S Public Safety Facilities S Religious Facilities S Use permit required if over 10,000 sq ft Must demonstrate provision of high level Residential Care, Senior S of care and services Must demonstrate provision of high level Residential Care, General S of care and services Schools, Public or Private U Commercial Uses Bed and Breakfast Establishments Sd See Section 18.43.060 Commercial Recreation U Utilities, Maior U Utilities, Minor P Agriculture and Extractive Uses Crop and Animal Raising Sd Mining and Quarrying U See Chapter 18.44 Nurseries Sd Accessory Uses and Structures See Section 18.43.020 Tem/~orary Uses See Chapter 18.17 Noncon[orming Uses See Chapter/8.46 18.30.030 Site Development Regulations and Performance Standards Schedule 18.30.030-A below prescribes the development regulations for Rural Lands. Schedule 18.30.030-A: Development Regulations for Rural Lands .~.... ' ,":' : ' - ' ' ~' ' ' ;',, 'i: ~':' .... ' · 1~; , ' Minimum Lot Area 1 acre Minimum Lot Width (feet) 150 Base Density: Units per gross developable (1) acre or lot area per unit Minimum Yards: (feet) Front 25 Side 20 Comer Side 20 Rear 20 Maximum Building Height (feet) 40 See Section 18.40.080 Other Standards Accessory Uses and Structures I See Section 18.43.020 1II-2 Redding Zoning Ordinance Update lot Iamaenstons - venstty/mtens~ or:~ ', ',: · ~ :::" ': :: ': '": '"' t ';belOW ~e table I Setbacks from Creeks and Riparian Areas [ See Chapter I8.48 Tree Preservation ] See Chapter 18.45 Walls And Fences I See Section 18.40.180 (1) Calculation of Allowable Units. The maximum number of dwelling units permitted on any single parcel shall be computed by deducting areas of slopes over 20 percent and any areas subject to flooding from a 100-year-storm event and multiplying the remainder (gross developable acreage) by the density multiplier in Schedule 18.30.030-B. Increases over the base density in the "RL" District are allowed for cluster development that leaves a minimum percentage of the otherwise developable portion of the site as open space per Schedule 18.30.030-C. The percent increase in base density is determined on the basis of the percentage of the total developable site area retained as open space. Schedule 18.30.030-B establishes the density regulations and Schedule 18.30.030-C addresses density increase. Schedule 18.30.030-B: Density Regulations--Residential Uses ]":Di'striCtsi 'i' :'~:Gr0sSl Devel6Piible,°Acres i~er unit".~' I::i-DenSi~ Multiplier RL-5 5 I 0.2 RL.2 2 I 0.5 Schedule 18.30.030-C: Density Increase 125% 150% 200% :?Pireiht!of Iotal 5~59 I 70 and ~eater I Ao Cluster Development Standards. Cluster development standards are established by Chapter 17.54 of the City's Subdivision Ordinance. Cluster development is also appropriate in the "PD" Planned Development Overlay District. III-3 Chapter 18.31: Residential Districts: "RE" Residential Estate, "RS" Residential Single Family, and "RM" Residential Multiple Family Sections: 18.31.010 18.31.020 18.31.030 18.31.040 18.31.050 18.31.060 Purpose Land Use Regulations Site Development Regulations and Performance Standards Density Increase Small-Lot Subdivisions Density Bonus 18.31.010 Purpose The specific purposes of the "Residential" Districts are to: 1. Maintain and enhance the city's primary neighborhood housing areas. Ensure the provision of services and facilities needed to accommodate planned population densities. 3. Evaluate development proposals for appropriate densities within the given ranges. Implement and provide appropriate regulations for the General Plan classifications of "Residential, 1 to 5 acres per unit" through "Residential, 10 to 20 units per acre." 5. Additional purposes of each "Residential" District: "RE" Residential Estate. Provide areas that accommodate a desire to live on large parcels surrounded by open space. Maintain a transition between agricultural and other rural uses and urban uses. Encourage clustered development with smaller lots in order to maintain open space and to provide recreational opportunities. "RS" Residential Single Family. Provide areas that accommodate a variety of housing types including attached or detached single-family or 2.family dwellings. "RM" Residential Mixed Housing Type. Provide areas for medium- to high-density multiple-family projects and other uses that are compatible with multiple-family development. Encourage housing that is located near Downtown and has adequate access to public transportation and arterial streets. I11-4 Redding Zoning Ordinance Update 18.31.020 Land Use Regulations Schedule 18.31.020-A below prescribes the land use regulations for the "RE," "RS," and "RM" Residential Districts. The regulations for each district are established by letter designations as follows: "P" designates permitted use classifications. "L" designates use classifications that are permitted, subject to certain limitations prescribed by the additional use regulations contained in this chapter. "Sd" designates use classifications that are permitted after review and approval of a site development permit by the Director. "S" designates use classifications that are permitted after review and approval of a site development permit by the Board of Administrative Review. "U" designates use classifications that are permitted after review and approval of a use permit by the Planning Commission. Use classifications are defined in Chapter 18.60, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications not listed in the schedule or not substantially similar to the uses below are prohibited. The schedule also notes additional use regulations that apply to various uses. Schedule 18.31.020-A: Use Regulations--Other "Residential" Districts Residential Uses Single Family P P P (4) Two-Family/Duplex -- L1 P (3) Manufactured Home Park -- -- U RM-6 through RM-10 districts only Site development permit required for 5 or more dwelling units on a parcel and for dwelling groups; see Multiple Family -- -- P Schedule 18.31.030-B for maximum allowable densities. (3) Group Residential -- -- S Family Day Care, 6 or fewer P P P Family Day Care, 7-14 P P P Second Dwellings P P P See Section 18.43.140 Residential Care, Limited P P P Public and Semipublic Uses Clubs & Lodges -- -- S Community Centers -- S S Day Care Center (15 or more} U U S See Section 18.43.070 III-5 Redding Zoning Ordinance Update Park & Recreation Facilities S S S For adjacent office or commercial use only; covered Parking Lots S S S parking must be at a residential scale. Public Safety Facilities U U S Religious Facilities S S S Residential Care, General S S S (1), (2) Residential Care, Senior S S S (1), (2) Schools, Public or Private U U U Transitional Housing Facilities -- -- S Commercial Uses Bed and Breakfast Sd Sd P See Section 18.43.060 Establishments Commercial Recreation L2 L2 -- Food and Beverage Sales U U U Not to exceed 3,500 sf; no gasoline sales or liquor stores Transportation, Communication, and Utilities Uses Utilities, Minor [ P I P [ P Accessory Uses and Structures See Section 18.43.020 Temporary Uses See Chapter 18.17 Noncon/orming Uses See Chapter 18.46 Specific Limitations L1 Only in RS-3.5 and RS-4 with approval of a site development permit and when in character with the existing or proposed neighborhood. L2 Golf courses, racquet clubs, health and fitness clubs (public and private) allowed in these residential districts on parcels 5 acres and larger with approval of a use permit. (1) Residential Care Facilities in the "RE" and "RS" Districts shall not exceed the population density that would otherwise result from typical residential development based on the standard of 2.47 persons per household. For example, a 2-acre parcel in a "RS-Y' District would be limited to 15 persons receiving care (2x3x2.47 = 15 persons). (2) In the "RE" and "RS" Districts, any facility over 5,000 square feet shall be developed in accordance with the "RM-10" District, except that building height shall not exceed 35 feet. (3) Site development permit issued by the Director shall be required for development on all parcels within an "RM" District where said parcel was created by a subdivision of 5 or more parcels. (4) Single-family prohibited in "RM" District on lots created after adoption of this section except in a "PD" Planned Development District and for small-lot subdivisions. 18.31.030 Site Development Regulations and Performance Standards Schedule 18.31.030-A: Lot Area and Width--Residential Uses; Schedule 18.31.030-B: Density Regulations~Residential Uses; and Schedule 18.31.030-C: Development Regulations--Residential Uses are included in this section. The numbers in the tables refer to standards immediately below the table. III-6 Redding Zoning Ordinance Update Schedule 18.31.030.A: Lot Area and Width--Residential Uses RE-1 30,000 100 RE-2 14,000 85 RS-2 10,000 80 RS-2.5 8,000 75 RS-3 7,000 (8,000 sq ft comer lot) 70 RS-3.5 6,000~ (7,000 sq ft comer lot) 65 (70-foot comer lot) RS-4 60 (70-foot comer lot) RM-6 100 feet RM-9 RM-10 10,000' 80 RM-18 RM-20 15,000 100 RM-30 30,000 100 Notes: ~ Lot sizes may be reduced for small-lot subdivisions in accordance with Section 18.31.050. 2 Applies to street frontage; cul-de-sac lot width may be reduced to 35 feet; flag lots must have a minimum street frontage of 20 feet for a single flag lot; and 15 feet for each adjacent flag lot. Also, see Title 17, Subdivisions. Schedule 18.31.030-B: Density Regulations---Residential Uses. The base number of dwelling units permitted on any "RE," "RS," or "RM" parcel shall be computed by deducting areas of slopes over 20 percent and any areas subject to flooding from a 100-year-storm event (as determined by FEMA or, where no FEMA determination exists, by other flood studies acceptable to the City) and multiplying the remainder (gross developable acreage) by the base density of the district as shown in Schedule 18.31.030-B. Schedule 18.31.030-B depicts the lower and upper ends of the density range for each single-family residential district based on General Plan land use classifications. The schedule also establishes the maximum density permitted in each "RM" District. That density is expressed in the maximum number of dwelling units permitted based on the net area of the lot. This code specifically is structured to correct the density from gross to net for "RM" Districts. The schedule also provides for increases in density beyond those depicted on the zoning map under certain specified circumstances. III.7 Redding Zoning Ordinance Update Schedule 18.31.030-B: Density Regulations---Residential Uses ..... deVel°pableaa~"; "';dex~el°pabie'~! i' : "':':i '::' '!?:', :5 .. )~.; .'.--, '~, ,: 7:",,, ,' ' :'. '- RE- 1 1 1 Increases over the base density shown on the zoning map shall be allowed only under one or more of the following RE-2 2 2 circumstances: RS-2 2 3.5 1. The Planning Commission determines that the additional site and building design elements listed in RS-2.5 2.5 3.5 Section 18.31.040, for single-family developments, are RS-3 3 3.5 in evidence. RS-3.5 3.5 6 2. In single-family districts, the base density may be adjusted within a given range to reflect the density RS-4 4 6 allowed by the General Plan in effect on October 1, :~onedwelllng.~i 2000 (previous General Plan), in accordance with per'net sqUare.f6ot:i General Plan policy. To attain the adjusted density, it must be demonstrated to the satisfaction of the RM-6 6 5,500 sf Planning Commission that the adjusted density is RM-9 9 4,500 sf acceptable considering the following factors: site topography, public-street access, availability of utilities, RM-10 10 3,500 sf existing neighborhood characteristics, including the average density of surrounding development. RM-12 12 3,000 sf 3. A density bonus consistent with Government Code RM.15 15 2,500 sf Section 65915, et seq., is approved. RM-18 18 2,225 sf 4. Housing developments for low/moderate income senior RM.20 20 1,850 sf citizens may be approved at 200% of base density for one-bedroom units and 150% of base density for two- RMv30 30 1,450 sf bedroom units. Notes: ~ Density credit shall not be given for lands encumbered by public or quasi-public agency utility easements for which compensation for said easement has been paid. Because development sites and types differ significantly, maximum residential density in the "RM" District may be based on either "gross developable acres" or "net developable acres," whichever provides the highest number of dwelling units. III-8 Redding Zoning Ordinance Update Schedule 18.31.030-C: Development Regulations~"Residential" Districts BuiMing M ximum 35 135 145 150 [ (2) Minimum Yards (feet) ,Minimum garage setback of 20 feet in all dis~cts Front 25 15 15 15 ,(1) , (8) all districts ,See Secti~ 18.31.0~0 for s~ll-bt sub~vai~ 15 feet total; no side yard less than Ag~egate 5 feet (except 5; 10 ,(2); (3); (4)~for Side 30'; no small-lot for 2 or 10 districts side less more sub,visions , (8) for ~ & RS districts than 10' stories (Section 18.31.050) , (8) br ~ & RS districts Comer Side 15 15 15 15 e~t~ng ~<fo~ing b~ng setbac~ Rear 15 15 15 15 - (2) , (8) for RE & RS districts Single-stow~lO ft Distance ~tween Main 1 & 2 stow~15 ft Structures 3 or more stories 2Oft Maximum ~t Coverage 40% 40% (7) ~ districts only Vehicle Accom~ - See CM~ 18.41, ~-S~eet Parking aM M~ing Front-yard setback area Limitations on Parking Yes Yes Yes Yes may not be used for Frontage required parking Garage Frontage Mmitations Yes Yes ~ ~ (6) Other Accessow Uses/Structures See Secti~ 18.43.020 Buffer Yards See Sect~ 18.40.020 ~ ~ districts only Common and Private Open (5) ~ districts only Space Desi~ Criteria For discretionaw permit, see Sec~ 18.40.050 Roof-Mounted Mechanical Prohibited ~ See Sect~ 18.40.130 Equipment Setbacks from Creeks and See CMpter 18.48 ~parian Areas Sky Plane See Secti~ 18.40.1~0 ~ ~ distfic~ only III,9 Re&ting Zoning Ordinance Update (1) (2) (3) (4) (5) Front-Yard Setback. The required front-yard setback may be determined through averaging provided that when 4 or more parcels in a block have been improved with structures, the minimum front-yard setback shall be the average of the setbacks on the improved parcels if this average is less than the minimum setback required by this chapter. The maximum setback in the "RE" and "RS" Districts for lots less than 40,000 square feet is 50 feet, or 40 percent of the lot depth, whichever is greater unless a zoning exception is obtained. Multistory Limitations. In order to limit impacts to the rear-yard privacy of single-family developments and to ensure adequate building bulk and height transitions between single- family and multiple-family districts, the following "RM" multistory setback is established: The minimum setback to a second or higher stow, where an "RM" District abuts an "RE" or "RS" District shall be 25 feet. For discretionary permits, including subdivision of land, the approving body may require second-story setbacks up to 50 feet if, given the circumstances of the site and surrounding properties--such as building si2e and height, topography, and similar considerations--the additional setback is necessary to achieve the intent of this section. Minimum Yards. Projections into yards are allowed for decks, porches, bay windows, roof eaves and similar features; see Section 18.40.030, Building Projections into Setback Areas. Minimum Side Yard. The minimum side yard shall be increased 2 feet per story for each story over 2 in a multiple.family building, unless the upper story is set back 10 feet from the building face. Where a dwelling fronts on a side yard, the side yard shall be a minimum of 15 feet. Private and Common Outdoor Living Area. Each multiple-family residential development (two or more dwelling units on a single lot) shall provide private and common areas for its tenants. Private areas typically consist of covered or uncovered balconies, decks, patios, porches, fenced yards, and similar areas outside the residence. A minimum of 80 square feet with a minimum depth of 10 feet shall be provided with each dwelling unit. The minimum depth can be reduced to 6 feet for upper-story units. Private~ open N space ,Common Rear I open setback l .s~ac~. Front ~etback Street Section 18.31.030-C MULTIPLE FAMILY (APARTMENTS) RESIDENTIAL OPEN SPACE Common outdoor-activity areas typically consist of landscape areas, walks, patios, swimming pools, barbeque areas, shade elements, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items shall be developed as common areas with the type of attributes described above. Common areas in developments of 20 or more dwelling units must be of sufficient size and arrangement such that they allow adequate area for gathering, play, and other outdoor activities for their tenants and guests. III-I0 Redding Zoning Ordinance Update (6) Garage Frontage Limitations. Where garage doors face a street, garage fronts (in linear feet) shall not exceed 45 percent of the width of the lot as measured at the proposed building setback line. This limitation can be exceeded by an additional 10 percent of the lot frontage where the garage extends beyond the front door of the residence and is separated by a depth of no more than 6 feet, measured from a line extended parallel to the plane of the front door. In the case of garages designed to accommodate 3 or more vehicles, at least one garage front must be offset from the remaining garage fronts by at least 2 feet. (7) Maximum Lot Coverage. Maximum lot coverage calculations in the "RM" Districts include buildings, driveways, parking areas, and trash-enclosure areas. Schedule 18.31.030-D indicates the maximum allowable lot coverage in each "RM" District. Schedule 18.31.030.D: Maximum Lot Coverage RM.6 60% RM-9 65% RM- 10 70% RM. 12 70% RM-15 75% RM-18 75% RM-20 80% RM.30 85% (8) Storage in Setback Areas. Front-yard and corner side-yard setbacks shall be kept unoccupied and unobstructed by the storage of such items as: motor homes, travel trailers, detached camper shells, boats of all types, trailers of all types, commercial vehicles, and recreational vehicles. Such items may be stored within interior side- and rear-yard setbacks if they are screened by a 6-foot-high solid fence. Any items stored within the setback must be placed to prevent violations of the Uniform Building Code with respect to egress, natural light, and ventilation. 18.31.040 Density Increase The Planning Commission may grant an increase in density, not exceeding the General Plan maximum within a given density range, for projects that demonstrate creativity and flexibility in design. The density increase can be obtained by single-family developments that incorporate a combination of site and building design components as described below. If the proposed density exceeds 150 percent of the base zoning district density and/or deviations from the base district regulations are required to facilitate the proposed development, an application to rezone the property to "Planned Development Overlay District" shall be required. All required materials must be provided in accordance with Chapter 18.53, "PD" Planned Development Overlay District. A. Density increases for single-family development are controlled by Schedule 18.31.040-E. To ensure maximum flexibility, the Planning Commission may consider alternative measures that III. 11 Re&ting Zoning Ordinance Update will result in substantially the same result in meeting the intent of this section. To be eligible for a density increase, the development must include a combination of site and building design components as indicated in the schedule. Schedule 18.31.040-E: Single Family Density Increase Components 125% 2 components 1 component 150% 3 components 1 component 175% 4 components 2 components 1. Site Design Components ao Minimized Grading. The development establishes "building envelopes" for each residential structure to reduce grading and retain existing trees. Grading is limited to the building envelope, utility alignments, and driveway area of the lot. In areas in public view, natural contours altered by grading are shaped to simulate natural terrain. Grading follows the natural features of the site as much as possible to accommodate multiple-level foundations. Detached Sidewalks. Sidewalks are separated from the curb by a privately maintained planter strip with a minimum average width of 6 feet. A meandering strip of variable width is permitted. Streetscape. The development includes streetscape improvements, such as roundabouts, neck downs, curb bulbs, or similar techniques. These areas shall be privately maintained. Parkland and Open Space. The development includes privately maintained park or common open space or creek buffers at least 30 percent greater in width than the minimum required by Chapter 18.48, River/Creek Corridor Development. e. Paving Material. Special paving material for pedestrian areas, street crossings, and entries into the development are utilized. Variety of Lot Widths. Avoid a "monotonous" design by providing a variety of lot widths which can accommodate a variety of home styles, setbacks, and garage placement. At least 30 percent of the lots must vary from the "typical" (mode) lot width in the development by 20 percent, but shall not be less than 10 feet. Street-Tree Planting. Provide a street-tree plan that includes: (1) sufficient trees to shade the sidewalks (approximately 1 tree per 30 feet of frontage); (2) requires the trees to be planted at the time public improvements are constructed, rather than with development of each lot; (3) ensures that the trees are protected within an easement IIL 12 Redding Zoning Ordinance Update or by other appropriate protection mechanism; and (4) requires that the trees be privately maintained. Variable Front. and Side. Yard Setbacks. No more than 50 percent of the homes have a minimum front yard with the remaining homes set back at least 10 feet farther than the minimum. This component may be implemented by recording "build-to" lines on the final map. Other site design components as determined appropriate by the Planning Commission. 2. Build/ng Design Parameters ao Garage Entries. The development plan includes provisions for variable location of garage entries. At least 35 percent of lots have side-load garages, garages set on the rear half of the lot, and/or garages that are set back at least 5 feet behind the front- yard setback of the remainder of the residence. b. Entries and Porches. At least 35 percent of the homes include entries and porches extending along a minimum of 50 percent of the home's facade, excluding the garage. Co Architectural Diversity. Facades, materials, and architectural details are varied to create an impression that the residential structures have been individually designed. Projects up to 20 units must have a minimum of 2 unique elevations. Projects of 21 or more units must provide a minimum of 4 unique elevations. d. Other building design elements as determined appropriate by the Planning Commission. 18.31.050 Small-Lot Subdivisions Purpose. The purpose of the small-lot subdivision regulations is to implement the General Plan goal of allowing and encouraging infill development by providing for small-lot single-family housing. Applicability. Small-lot subdivisions may be proposed for subdivision of land (5 or more lots) in the "RS-3.5," "RS-4," "RM-6," and "RM-9" Districts. C. Application. An application for a subdivision as provided by Title 17. Standards. The following development standards shall apply to small-lot subdivisions. Refer also to the Design Criteria for Small-Lot Subdivisions adopted by the City in accordance with Section 18.40.050, Design Criteria. III. 13 Redding Zoning Ordinance Updoxe 1. Reduced Lot Area. The minimum lot area per dwelling unit shall be 4,500 square feet for an interior lot and 5,500 square feet for a comer lot. 2. Reduced Setbacks. Schedule 18.40.160-A shall be used to determine structure setbacks instead of the normal setbacks required for the applicable zoning district. Schedule 18.31.050-A: Minimum Structure Setbacks Main house with either front porchz, alley, or garage in rear~ 12 ft 10 ft 5 ft Main house without front porch, alley, or garage in rear2 15 ft 15 ft 5 ft Attached garages~ 20/15 ft 15 ft 5 ft Detached garages 20 ft 5 ft 3 ft Other detached accessory structures 20 ft 3 ft 3 ft Notes: Garages in rear shall mean garages behind the primary residential unit. Front porches shall have minimum dimensions of 4 feet by 8 feet. Garages with access perpendicular to the street shall be set back a minimum of 20 feet from the front property line. Garages with access parallel to the street (side entry) may be set back 15 feet from the front property line. 3. Site Cow,rage. Maximum site coverage shall be 50 percent of the lot area. 4. Parking. Parking spaces shall be provided and parking areas shall be designed as follows: a. Two garage spaces shall be provided for each residential unit. bo For residential units with detached garages located behind the primary residential unit and taking access from the front, the minimum parking normally required shall be reduced to one enclosed (garage) space. Co Shared driveway access between 2 adjacent parcels is allowed when the garages are located within the rear half of the parcel or a minimum of 10 feet behind the home's entry elevation. 18.31.060 Density Bonus Purpose. This section establishes criteria 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 III- 14 Zoning Ord/nance Update other incentives of equivalent financial value. Further, it is a purpose of this section to recognize that other Federal/State programs exist that fulfill the intent herein and should be recognized as satisfying the application and implementation requirements of this section. B. Implementation. In accordance with the Government Code, the Planning Commission 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 25 percent over the maximum density authorized by the base zoning district. 2. In order to qualify for this bonus, a housing project must consist of 3 or more dwelling units and meet one or more of the following criteria: a. At least 20 percent of the total units allowed by the maximum permitted density are designated for lower-income households by applicable law. b. At least 10 percent of the total units allowed by the maximum permitted density are designated for very low-income households as defined by applicable law. c. At least 50 percent of the total units allowed by the maximum permitted density are designated for senior citizens. o 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, which may be a development agreement, will also establish specific compliance standards and remedies available to the City upon failure by the developer/property owner to make units accessible to intended households. The agreement shall include the following information: Affordable Unit Tabulation. The number of affordable dwelling units (bonus units) by type, location, and number of bedrooms. Qualifying Standards. Standards for maximum qualifying incomes and maximum rents or sales prices. Certification Procedures. The party responsible for certifying rents and sales prices of affordable units and the process that will be used to certify incomes of tenants and purchasers of such units. III. 15 Redding Zoning Ordinance Update C. Application. Vacancy Provisions. The manner that vacancies will be marketed and filled, including screening and qualiMng prospective renters and purchasers of bonus units. Resale Controls. Resale control and deed restrictions on bonus housing units that are binding on property upon sale or transfer. In order to apply for a density bonus, the developer/property owner shall submit to the City a written proposal for a project pursuant to this chapter together with an application to rezone the property with a"PD" Planned Development Overlay District. If appropriate, the application shall also be submitted in conjunction with a subdivision application, use permit, or other 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. The "PD" overlay provides the City the necessary flexibility to vary or modify development and zoning standards that would otherwise inhibit development at the requested density. The written proposal shall consist of adequate information to determine the project cost per unit of the proposed development. 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. 3. The City shall, within 90 days of receipt of a written proposal, notify the developer/property owner in writing of whether it shall: a. Grant a density bonus. b. Grant additional concessions or incentives; or find that additional incentives are not necessary for affordability. c. Provide other incentives of equal financial value. 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 modification of development standards pertaining to building height, open space, lot- size requirements, street access, off-street parking, landscaping, fencing, or off-site improvements. III- 16 Redding Zoning Ordinance Update Eo Fo o 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. 3. Additional density bonus up to 10 percent. 4. Reduction of development fees, not including connection charges. 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: 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 flit is either vacant or occupied by a lower- or very Iow-income tenant or a senior citizen. 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 development. 3. The time period of availability to the intended population shall be: with additional incentive, 30 years; without additional incentive, 10 years. The maximum allowable rents to comply with the law are determined by a formula designed by the State Department of Housing and Community Development based on the area medium income. 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 Development. The developer/property owner must provide to the Director 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 total by which the units set aside fell short of the required number of units (default units). Relationship to Other Housing Programs. Where funding for a project serving low- and moderate-income persons has been approved by an appropriate Federal or State agency/program, such projects need not apply for a density bonus under this code provided that income and long-term affordability requirements are met. III- 17 Chapter 18.32: Office Districts: "LO" Limited Office and "GO" General Office Sections: 18.32.010 18.32.020 18.32.030 18.32.040 Purpose Land Use Regulations Permit Requirements for New Development Site Development Regulations and Performance Standards 18.32.010 Purpose The specific purposes of the "Office" Districts are: io Provide appropriately located areas for a full range of office uses needed by the city's businesses and workers. B. Minimize the impact of commercial development on adjacent residential districts. The additional purposes of each "Office" District are: Limited Off/ce. Provide sites for professional office space built at a residential scale that will serve as a transition between residential and commercial districts. To allow service businesses that are quiet and compatible with the residential uses and meet performance standards as outlined in the general plan. General Off/ce. Provide sites for professional, business, and personal-service businesses with appropriate and compatible accessory uses. Provide for other compatible uses including: rest homes, nursing homes, day-care facilities, hospitals; religious, educational, cultural, and public utility uses; and financial institutions. Ancillary retail uses, such as pharmacy and sit-down restaurants, are also appropriate. 18.32.020 Land Use Regulations Schedule 18.32.020-A and Section 18.32.030 below prescribe the land use regulations and discretionary permit requirements for "Office" Districts. The regulations for each district are established by letter designations as follows: "P" designates permitted use classifications subject to the provisions of Schedules 18.32.030-A and 18.32.030-B. "L" designates use classifications that are permitted, subject to certain limitations prescribed by the additional use regulations or standards for specific uses in Chapter 18.43, Standards for Specific Land Uses. "Sd" designates use classifications that are permitted after review and approval of a site development permit by the Director. III. 18 Re&ting Zoning Ordinance Update "S" designates use classifications that are permitted after review and approval of a site development permit by the Board of Administrative Review. "U" designates use classifications that are permitted after review and approval of a use permit by the Planning Commission. Use classifications are defined in Chapter 18.60, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications not listed or not substantially similar to the use in the schedule below are prohibited. The schedule also notes additional use regulations that apply to various uses. Schedule 18.32.020-A: Use Regulationsm"Limited Office" and "General Office" Residential Uses } L7 I L7 I See Section 18.33.050 Public and Semipublic Uses Clinics Sd P Clubs & Lodges -- P Colleges and Trade Schools, Public or Private -- P Community Centers -- U Cultural Institutions -- P Day Care Center (14 or more) S P Government Offices P P Hospitals (including emergency care) -- P Park & Recreation Facilities U U Public Safety Facilities S S Religious Facilities S P Residential Care, General S P Residential Care, Senior S P Schools, Public or Private S P Commercial Uses Ambulance Services S S Animal Sales and Services L6 1.6 Banks and Savings & Loans L3 L4 Business Services P P Eating and Drinking Establishments Restaurants, Full Service P P Drive-up/Drive-through Service -- -- Food and Beverage Sales -- L3 Laboratories P P Maintenance and Repair Services -- -- Offices, Business & Professional P P Parking, Office Sd Sd Parking, Structures U U Personal Services P P Retail Sales L5 L5 Neighborhood Retail L5 L5 Community Retail -- -- Travel Services P p III- 19 Redding Zoning Ordinance Update Schedule 18.32.020-A: Use Regulations--"Limited Office" and "General Office" (continued) Transportation, Communication, and Utilities Uses Communication Antennae and Transmission Towers -- U See Section 18.40.010 Communication Facilities within Buildings Sd P Utilities, Major -- U Utilities, Minor P P Accesso~ Uses and Structures See Section 18.43.020 Temporary Uses See ChaDter 18.17 Nonconforming Uses See Chapter 18.46 Specific Limitations: L3 No drive-through service. L4 Site development permit required for drive-through service. L5 Limited to pharmacies up to 5,000 square feet. L6 Site development permit required for kennels. Outdoor dog runs are prohibited. L7 Only as a secondary use with a site development permit. 18.32.030 Permit Requirements for New Development In addition to the differentiation of uses found in Schedule 18.32.030-A, the size of a proposed building or development will determine whether uses that would otherwise be permitted will be required to obtain a site development permit or a use permit. Schedules 18.32.030-A and B describe the permit process that will be required for new development construction based on certain size thresholds. Schedule 18.32.030.A: Permit Requirements--"LO" District Up to 2,000 square feet 2,001 to 10,001 square feet Site Development Permit (Director)~ 10,001 to 20,000 square feet Site Development Permit (BAR) 20,001 square feet and larger Use Permit Zoning Clearance If exempt from CEQA. If not, the permit shall be processed through the BAR. Schedule 18.32.030.B: Permit Requirements--"GO" District Up to 4,000 square feet 4,001 to 20,000 square feet Site Development Permit (Director) 20,001 to 30,000 square feet Site Development Permit (BAR) Use Permit 30,001 square feet and larger Zoning Clearance If exempt from CEQA. If not, the permit shall be processed through the BAR. III-20 Redding Zoning Ordinance Update 18.32.040 Site Development Regulations and Performance Standards Schedule 18.32.040-A below prescribes the development regulations for office districts. Section 18.33.050 establishes standards for residential uses in office and commercial districts. Projects that require approval of a discretionary permit, such as a site development permit, use permit, or subdivision, must also demonstrate conformance with design criteria that are adopted pursuant to Section 18.40.050, Design Criteria. Schedule 18.32.040-A: Development Regulations--"Office" Districts Building Scale - Intensi~ o[ Use Minimum Lot Area (square feet) Minimum Lot Width (feet) Maximum Floor Area Ratio (FAR) Building Form and Location Maximum Building Height (feet) Sky plane adjacent to "RL," "RE," and "RS" Districts Minimum Yards (feet) Front 7,500 7,500 70 70 0.35 0.45 2-story maximum in "LO" District; additional height allowed by Site Development Permit in the Downtown Specific Plan area; (1) (2) Minimum setback from State highway shall average not less than 20' (15' min.; I0' min. with sound wall) (3), (4) Side 10 feet; 15 feet acent to an "R" district (5) Comer Side (5) Rear (6) Vehicle Accommodation. Driveways and Parking - See Chapter 18.41, O~.Street Parking and Loading Driveway Restrictions ] (7) Screened Parking I See Section 18.41.100(B) (8) Loading And Service Areas Other Accessory Uses and Structures Buffer Yard Standards Design Criteria Landscape Screening of Mechanical Equipment Outdoor Facilities Tree Preservation Utilities See Section 18.43.020 See Section 18.40.020 For discretionary permits, See Section 18.40.050 See Chapter 18.47 See Section 18.40.130 (9) See Chapter 18.45 See Section 18.40.170 (1) Maximum Building Height. No building shall exceed 2 stories within 50 feet of an "RS" District unless a zoning exception is first approved in accordance with Chapter 18.15, Zoning Exceptions. Projections above the maximum h~ight limit are allowed for chimneys, towers, spires, and antennas and similar equipment in accordance with Section 18.40.080, Exceptions to Height Limits. I 50 ft RS Office and Commerdal ~ District [ Dist?cts .... ~ }-~7..~:=-I Figure 18.32.040 TRANSITIONAL HEIGHT LIMITS: C OR O Districts ADJACENT TO RS I11.21 Redding Zoning Ordinance Update (2) (3) (4) (5) (6) (7) (8) (9) Sky Plane. Encroachments into the sky plane are permitted subject to specified standards as prescribed in Section 18.40.080, Exceptions to Height Limits. Other encroachments may be allowed subject to approval of a zoning exception in accordance with Chapter 18.15, Zoning Exceptions. Minimum Yards. Except for driveway entrances, setback areas shall be landscaped in accordance with Chapter 18.47, Landscape Standards. Front Yard. Where the prevailing setbacks of existing buildings on a block are less than required by Schedule 18.32.040-A, the minimum front yard shall be the average setback of immediately adjacent buildings on the same block. Further, within 50 feet of an "R" district, the setback shall be that required for the "Residential" District. Side Yards. If the street frontage of the block also includes an "R" district, the street side yard shall be the same as required for that "R" district within 50 feet of that "R" district. Rear Yard. When adjacent to an "R" district, rear yards shall be at least 15 feet. Driveway Restrictions. Access from an arterial or collector street or alley wherever possible. Loading and Service Areas. Loading and service areas shall be screened from public streets and residential districts. Outdoor Facilities. All uses shall be conducted entirely within enclosed buildings, except sidewalk cafes and outdoor food service accessory to an eating and drinking establishment shall be permitted in the "GO" District with approval of a site development permit. Loading and Service Entries are located at rear or side of building Parking '<"-- Service Entrance I Loading Facility Sect~ort 18.32.040 LOCATION OF PARKING, LOADING & SERVICE ENTRIES III-22 Chapter 18.33: Commercial Districts: "NC" Neighborhood Commercial, "SC" Shopping Center, "RC" Regional Commercial, "GC" General Commercial, and "HC" Heavy Commercial Sections: 18.33.010 18.33.020 18.33.030 18.33.040 18.33.050 18.33.060 Purpose Land Use Regulations Permit Requirements for New Development Site Development Regulations and Performance Standards Residential Uses in "Office" and "Commercial" Districts Bonus FARs for Special Features in "Commercial" Districts 18.33.010 Purpose The specific purposes of "Commercial" Districts are to: A. Provide for a full range of commercial uses. Strengthen the city's economic base and provide employment opportunities for residents of the city. C. Identify appropriate standards for reviewing proposals for new development and redevelopment, where appropriate in commercial areas. D. Ensure the provision of services and facilities needed to accommodate planned population densities. Et Encourage the creation of neighborhood activity centers as focal points along transportation corridors. Define the types of uses that are appropriate in each zoning district and, if applicable, zoning subdistrict. The additional purposes of each "Commercial" District are: Neighborhood Commercial. To encourage convenience and neighborhood shopping areas providing day-to-day retail goods and services and to prohibit auto-oriented uses (other than service station mini-markets) in order to maintain a pedestrian environment. Shopping Center. To encourage development that serves a market between a neighborhood store and a regional center. A typical center will have two or more anchor tenants, such as a supermarket and drug store, and one or more in-line stores and/or pads. Total floor area within shopping centers typically ranges from 50,000 to 200,000 square feet. III.23 Redding Zoning Ordinance Update Regional Commercial. To provide areas that accommodate a mix of regional-level retail uses and associated services, including mails; free-standing retail; power centers, and office and service establishments. General Commercial. To maintain areas on arterial streets, near interchanges, and in existing commercial strips for commercial uses. Certain General Commercial areas are identified for "visitor" and "retail" uses on the zoning map to assist in achieving the policies of the General Plan. Heavy Commercial. To provide sites for commercial businesses that are not permitted in other areas due to the types of buildings and the frequency of truck deliveries. These uses may include automobile services, building materials storage and sales, nurseries, equipment sales, wholesaling, storage, and similar uses. 18.33.020 Land Use Regulations Schedule 18.33.020-A and Section 18.33.030 below prescribe the land use regulations and discretionary permit requirements for "Commercial" Districts. The regulations for each district are established by letter designations as follows: "P" designates permitted use classifications subject to the provisions of Schedules 18.33.030-A and 18.33.030-B. "L" designates use classifications that are generally subject to certain limitations prescribed by the additional use regulations contained in this chapter subject to the provisions of Schedules 18.33.030-A and 18.33.030-B. "Sd" designates use classifications that are permitted after review and approval of a site development permit by the Director. "S" designates use classifications that are permitted after review and approval of a site development permit by the Board of Administrative Review. "U" designates use classifications that are permitted after review and approval of a use permit by the City Planning Commission. Use classifications are defined in Chapter 18.60, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications not listed or not substantially similar to the uses in the schedule below are prohibited. The schedule also notes additional regulations that apply to various uses. As described in Section 18.01.050(C), Establishment of Subdistricts, two subdesignations are depicted on the zoning map that refine the types of uses appropriate in certain geographic areas within a base district. Schedule 18.33.020-A provides regulations for base districts as well as those where visitor-serving and retail uses are encouraged ("VR" subdesignator). III-24 Redding Zoning Ordinance Update Schedule 18.33.020-A: Use Regulations--"Commercial" Districts -, , .... ,., ........... I. I '1 ,r, I ',, , .,-! I ,I ,, ,~ Residential Uses Sin[~le-family - - L6 Multiple-family I L7 71 711 71 I Public and Semifndolic Uses Clinics L8 LB P P Sd P Clubs and lodges - - - P - - Colleges and trade schools, public or private - S S P - - Community centers U U U U - S Community social service facilities - - - U - U Cultural institutions LB LB P P Sd d Day care center (14 or more) P P P d - S Government offices LB LB P P P P Hospitals - - - S - - Park and recreation facilities S S S S S - Parkin[l, public - S S S S S Public maintenance and service facilities ..... S Public safety facilities LB P LB P U U Religious facilities S S S P S S Residential care, general S - - Sd - - Transitional Housin~ Facilities - - - S - S Schools, public or private S S S S - S Commercial Uses Adult business establishments ..... U See Sec. 18.43.030 Animal sales and services LB P P P S p Adjacent to an "R" Distric~ outdoor kennels prohibited Veterinar7 services - - - P - P Banks and savings and loans L4 L4 L4 L4 Sd L4 Bed and breakfast establishments - - - Sd Sd - See Sec. 18.43.060 Buildin~ materials and services - - S S - P Business services LB P P P P P Commercial recreation S S S S S S Commercial entertainment - P P P P - Convenience ~as mart S S S S S S See Sec. 18.43.080 Site development permit. Eating and drinking establishments Director required fox outdoor seatin~ Bars/night clubs/lounges U S S S S S Restaurants, full service P P P P P P Drive-up/drive-through service - Sd Sd Sd Sd Sd See Sec. 18.43.070 Food and beverage sales P P P P P P Food preparation P P P P P P Funeral parlors and mortuaries - - - P - P Home improvement sales and services LB LB P P - P Hotels and motels - - S S S S Must meet Calif Buildin~ Hotel, residential - - - U U U Code requirement fm efficiency dwellin~ unit Laboratories - P P P p p Maintenance and repair services L9 L9 L9 L9 L9 L9 III-25 Redding Zoning Ordinance Update Offices, business and professional ~ P P P P P Parkin8 facilities, commercial - S S S S S Personal improvement se~ices P P P P P P Recreational Vehicle Parks - - - U - U Personal services P P P P P P Retail sales P P P P P P~10 ~ee Secti~ 18.43.120 Recycling Station L7 L7 L7 L7 L7 L7 Travel semices P P P P P P Vehicle equipment sales and semices L13 L13 Automobile rentals - - S P - P Automobile/vehicle repair, major - - - Lll~12 - Lll~12 See Sec. 18.43.050 Automobile/vehicle repair, minor - Lll L12 L12 - L12 See Sec. 18.43.050 Automobile/vehicle sales and leasing - - S Sd - Sd Automobile washing - S S Sd L7 P HeaW equipment sales, se~ice, rental - - - U - S Large vehicle sales, semice, and rental - - - S - S Vehicle storage - - - S - S I~1 Uses Contractors' yards ..... S Handicraft/custom manufacturing - ~ ~ ~ ~ P Indust~, general ..... U Personal storage - - - S - S See Sec. 18.43.140 Warehousing and storage ..... S TraUmatic, Cmmunka~, a~ Utili~s U~s Communication antennae and transmission - U U U U U See Sec. 18.40.010 towers Communication facilities within buildings - Sd P P - P Freight/truck terminals and warehouses ..... S Transportation passenger terminals S S S S S S Truck weigh stations ..... S Utilities, major - - U U - U Acce~ U~s a~ Statures See Sec. 18.43.020 %~a~ U~s See CMp~r 18.17 N~[~in~ Uses See Chap~r 18.46 S~dfic Limimti~: L3 No drive-through semice L4 Site development permit required for drive-through L6 Caretakers'quarters only L7 ~ly as an accesso~ use subject to approval of a site development ~rmit ~ Small-scale only (5,000 square feet or less) L9 No outd~r storage unless a site development pemit is approved by the Director. LIO No shopping centers, power centers, or similar uses allowed L11 Site development ~rmit required if site abuts an "R" district L12 No outdoor storage or repair/installation L-13 Enlargements of existing facilities up to 10 ~rcent are allowed by site development ~rmit issued by the Director. Other expansions/enlargements, including expansions affecting more than a single parcel, shall require approval of a use permit. Such expansions shall not be approved if they involve pro~r~ not o~ed or legally controlled by the business e nti~ prior to adoption of this section. Pr~f of compliance shall be submitted at the time of application for the expansion/enlargements. Such intensifications shall ~ subject to compliance with all adopted site and building design criteria and development standards applicable within the zoning dis~ict and such other site and building design elements determined necessa~ by the approving authori~ to ensure compatibili~ with su~ounding conforming uses. I11-26 Redding Zoning Ordinance Update 18.33.030 Permit Requirements for New Development In addition to the differentiation of uses found in Schedule 18.33.020-A, the size of a proposed building or development will determine whether permitted uses that would otherwise be permitted will be required to obtain a site development permit or a use permit. Schedules 18.33.030-A and B describe the permit process for new development that will be required based on certain size thresholds. Schedule 18.33.030-A: Permit Requirements: "NC" District Up to 2,000 square feet Zoning Clearance 2,001 to 10,000 square feet Site Development Permit (Director) 10,001 to 20,000 square feet Site Development Permit (BAR) 20,001 square feet and larger Use Permit If exempt from CEQA. If not, the permit shall be processed through the BAR. Schedule 18.33.030.B: Permit Requirements: "SC," "RC," "GC," "HC" Districts Up to 4,000 square feet Zoning Clearance 4,001 to 20,000 square feet Site Development Permit (Director) 20,001 to 30,000 square feet 30,001 square feet and larger Site Development Permit (BAR) Use Permit If exempt from CEQA. If not, the permit shall be processed through the BAR. 18.33.040 Site Development Regulations and Performance Standards Schedule 18.33.040-A below prescribes the development regulations for commercial districts. Section 18.33.050 establishes standards for residential uses in office and commercial districts. Projects that require discretionary approval, such as a site development permit, use permit, or subdivision, must also demonstrate conformance with the design guidelines that are adopted pursuant to Section 18.40.050, Design Criteria. Schedule 18.33.040-A: Development Regulations--"Commercial" Districts ,. ~mmediateb/be ow table): ,.. Buildinl~ Scale - Inten~i~ o/Use Minimum Lot Area (square feet) 7,500 10,000 10,000 7,500 10,000 (1) Per Per 70'; 75' apprvd apprvd 70'; 80' 70'; 80' Minimum Lot Frontage comer comer comer lots dvlpmt dvlpmt lots lots plan plan III-27 Redding Zoning Ordinance Update ~ay ~ ~educed ffan o~crali development plan is submitted and approved Minimum Site Area (acres) - 5 15 - - under the use pem~it or planned development pro~sions of this code. May ~ increased to 0.62 in the "~" and "HC" Districts for warehousing, Maximum Floor Area ~tio (FAR) 0.30 0.30 0.30 0.30 0.35 storage, and similar activities; see Sect~ 18.33.060 for other uses. Maximum Buildin~ Size (sq ft) 30,000 75,000 - 60,000 60,000 (2) Buildin~ F~ a~ Maximum Building Height (feet) 35 ~ 50 45 45 (3) Sky plane adjacent to "RL," "~," & 45° 45° 45" 45" 45° (4) "RS" Districts Minimum setbacks from State highway shall average no less than 20 feet (15 feet Minimum Yards (feet) minimum) F, on, ~5 I 25 I 20 I ~5 I ~0 I Side and Rear 15 ad)acent to an "R" district, othe~ise not required. ~merSide 10 I 20 [ 25 I ~0 I 5 I (6) Vehicle Acc~mo~fi~ Truck D~ks; ~ading and Se~ice Areas (7) Ot~ Sm~r& Accesso~ Uses and Structures See Sect~ l&43.020 Buffer Yards See Sect~ 18.40.020 Desisn Criteria For d~cret~a~ pe~i~: See Secti~ 1840.050 Landscape See Chapter 18.47 Nonconfom~ing Uses, Structures, and Sisns See C~pter 18.46 Off- Street Parking and Loadin~ See CMpter 18.41 Outdoor Sales, Display, and Storage See Secti~ 18.43.130 Public Plazas (8) required for retail uses only Residential Uses See Sect~ 18.33.050 Screenin8 of Mechanical ~uipment See Sect~ 18.40.130 Tem~ra~ Uses See C~pter 18.17 Tree Preservation See C~pter 1845 (1) (2) Minimum Lot Area. Except "pads" that are approved in conjunction with a comprehensive development plan for a shopping center, regional center, or similar scale development. Maximum Building Size. This limit applies to the main tenant in a multi-tenant center or structure. A use permit may be approved to exceed this limit in the "NC" and "SC" Districts upon finding that a larger building would be compatible in scale with adjacent uses or that adequate buffering and height transitions are provided. This limit does not apply in the "RC" District. I11-28 Redding Zoning Ordinance Update (3) Transitional Building Height. No building shall exceed 2 stories in height within 50 feet of an "RS" District. Additional stories may be allowed with a site development permit. Projections above the maximum height limit are allowed for chimneys, towers, spires, and antennas as prescribed in Section 18.40.080, Exceptions to Height Limits. (4) Sky Plane Encroachments. Encroachments into the sky plane are permitted subject to specified standards as prescribed in Section 18.40.080, Exceptions to Height Limits. SUILDING X = Setbacks required in GC (Oener=l Comercial) Di¢~'ict Y = Setback encroachment and equel offset SETBACKS 18-33 FRONT YARD SETBACKS AVERAGING (5) Front Yards. Building walls facing a front property line that do not have parking between the wall and the street may encroach up to 50 percent of the required setback provided that the average setback of such building walls meets the minimum required setback for the district. If the street frontage of the block also includes an "R" district, the front yard shall be the same as required for that "R" district within 50 feet of that district. (6) (7) (8) Comer Side Yards. If the street frontage of the block also includes an "R" district, the comer side yard shall be the same as required for that "R" district within 50 feet of that district. Track Docks; Loading and Service Areas. Loading and service areas shall be screened from public streets and residential areas. Public Plazas. For developments of 25,000 square feet and larger, provide areas equal to at least 5 percent of the building area (up to 15,000 square feet) that offer opportunities for public uses, such as outdoor seating, outdoor cafes, performance space, kiosk area, and Commercial District Residential District Street X = Setback required in R District Section 18.33.040 FRONT SETBACK ON ADJACENT DIFFERENT ZONING DISTRICTS similar activities. The area shall include amenities such as benches, water features, landscape, shade structures, or similar elements. Sidewalk areas providing access to the building entries or between building entries shall not satisfy this requirement. III-29 18.33.050 Residential Uses in "Office" and "Commercial" Districts This section establishes the standards under which residential uses may be conducted in office and commercial districts where allowed by this chapter. A. Except in the "General Commercial" District, all residential uses shall be accessory to the intended use of the property as expressed in the General Plan and this code. Residential uses shall not occupy greater floor area than the principal use. B. Free-standing residential uses in the "General Commercial" District shall have a base density not exceeding 15 dwelling units per acre. Development parameters shall be consistent with the requirements of the "RM-15" district as described in Chapter 18.31, "Residential" Districts. C. Separate dedicated parking facilities shallbe provided for residential uses in mixed-use projects. D. Accessory dwelling units shall be located to minimize impacts from noise, on-site traffic circulation, outdoor activities, and other impacts that may result from the principal use of the property. E. Accessory dwelling units shall share the same architectural features, building materials, and landscape theme as the principal use. 18.33.060 Bonus FARs for Special Features in "Commercial" Districts A. Bonus Floor to Area Ratio (FAR) for Special Features in "Commercial" Districts. A use permit may be approved allowing additional floor area, up to 115 percent of the maximum allowed by the General Plan, ff special features are included in a project or contributions are made to certain community projects. Each special feature or contribution may increase the maximum floor area by 5 percent. Such special features shall be in addition to any other features requixed by this code. 1. Art or Water Features. Provide works of art or water features equivalent in value to at least 1 percent of project construction cost, with a minimum of 100 square feet of publicly accessible space adjacent to the feature. 2. Park. Contribute funds in an amount not less than 1 percent of project construction costs for developing and improving parks within the city. 3. Arts and Cu/ture. Contribute to the City's Art in Public Places program in an amount not less than 1 percent of project construction costs. 4. Pedestrian. Oriented Amenities. Contribute an amount not less than 1 percent of project construction costs to pedestrian-oriented design elements such as street furniture, kiosks, plazas, special paving treatments, landscape, and similar amenities on public property in the vicinity of the development. 111.30 Chapter 18.34: Industrial Districts: "HI" Heavy Industry "GI" General Industry and Sections: 18.34.010 18.34.020 18.34.030 18.34.040 Purpose Land Use Regulations Permit Requirements for New Development Site Development Regulations and Performance Standards 18.34.010 Purpose The specific purposes of "Industrial" Districts are to: 1. Promote and preserve the city's industrial areas as significant employment generators. o Accommodate a variety of existing, traditional industries ranging from small, employee-intensive businesses to large, capital-intensive businesses, while anticipating new technologies and business-service uses. Preserve areas of the city for the appropriate location of businesses that may have the potential to generate off-site impacts, while providing compatibility in use and form. ° Identify appropriate standards for reviewing proposals for new development and redevelopment, where appropriate, in industrial areas. Ensure the provision of services and facilities needed to accommodate planned employment densities. 6. Additional purposes of each "Industrial" District: "GI" General Industrial. Provide areas for businesses that have limited potential to create significant adverse visual, noise, or other impacts to adjoining public and residential properties. Supporting retail and restaurant uses may be allowed subject to size limits and siting criteria. Uses characterized by substantial outdoor processing and/or storage are not allowed. "HI" Heavy Industry. Provide areas for the broadest range of industrial uses, including those that are characterized by significant outdoor processing or storage. Supporting retail and restaurant uses may be allowed subject to size limits. 1II.3 Redding Zoning Ordinance Update 18.34.020 Land Use Regulations Schedule 18.34.020-A and Section 18.34.030, Permit Requirements for New Development, below prescribe the development regulations for "Industrial" Districts. "P" designates permitted use classifications subject to the provisions of Section 18.34.030. "L" designates use classifications that are permitted subject to certain limitations prescribed by the additional use regulations contained in this chapter. "Sd" designates use classifications that are permitted after review and approval of a site development permit by the Director. "S" designates use classifications that are permitted after review and approval of a site development permit by the Board of Administrative Review. "U" designates use classifications that are permitted after review and approval of a use permit by the City Planning Commission. Use classifications are defined in Chapter 18.60, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications not listed or not substantially similar to the uses in the schedule below are prohibited. The schedule also notes additional regulations that apply to various uses. Schedule 18.34.020-A: Use Regulations--"Industrial" Districts Residential Uses Single Family Public and Semipublic Uses Public Safety Facilities Commercial Uses Commercial Recreation U -- Convenience Gas Mart S S Eating and Drinking Establishments Restaurants, Full Service Spd Spd Laboratories Offices, Business & Professional L17 L17 I Retail Sales i LISI LIS I Vehicle Equipment Sales and Services Automobile/Vehicle Repair, Major IPIPI Automobile/Vehicle Repair, Minor P P Large Vehicle/Equipment Sales, Service & Rental P P Vehicle Storage S S Wholesale, Distributing, & Storage P P See Section 18.43.080 See Section 18.43.050 See Section 18.43.050 III.32 Redding Zoning Ordinance Update Us~;ClasSificafi°ns Industrial Uses Contractors' yards Transportation, Communication, and Utilities Uses Communication Antennae & Transmission Towers Communication Facilities within Buildings Freight/Truck Terminals and Warehouses Truck Weigh Stations Utilities, Major Utilities, Minor Agriculture and Extractive Uses Mining and Quarrying Nurseries Accessory Uses and Structures Temporary Uses Nonconforming Uses S~ecific Limitations L16 IL16 I S S P P P P P P See Sect/on 18.40.010 See Section 18.43.020 18.17 18.46 I..6 A single caretakers' quarters only, not to exceed 1,000 square feet. Site development permit required. L14 No outdoor storage, dismantling, or similar activities. L15 Store sales allowed as an accessory use not to exceed 10 percent of floor area. L16 Use permit required for transmission towers. L17 Offices that support industrial uses, business and office parks, and corporate offices, excluding small- scale offices oriented to individual/personal services. 18.34.030 Permit Requirements for New Development A site development permit approved by the BAR shall be required under any of the following circumstances unless otherwise noted: 1. The proposed building(s) exceeds the following: 10,000 square feet (site development permit--Director) 20,000 square feet (site development permit--BAR) Industrial or manufacturing uses which, in the opinion of the Director, may be objectionable by reason of producing offensive odor, dust, noise, bright lights, vibration, project scale, or traffic volumes or involving the storage or use of explosives or other dangerous materials. 3. The property has direct access to or frontage on a designated arterial street or frontage road. 4. The property is not located on an improved public street developed to serve industrial traffic. 5. The property abuts a residential district. III-33 Re&ling Zoning Ordinance Update 18.34.040 Site Development Regulations and Performance Standards See Schedule 18.34.040-A below prescribes the development regulations for industrial districts. Schedule 18.34.040-A: Development Regulations--"Industriar' Districts Building Scale - Intensity o[ use Minimum Lot Area (square feet) ] 20,000 Minimum Lot Width (feet) I 100 Maximum FAR' 0.4 Building Form and Location Maximum Building Height (feet) Sky plane adjacent to "R" districts Minimum Yards (feet) Front Side Comer Side Rear Other 1 acre [ 100 [ 0.5 [ employee-intensive uses. 50 [ 50 45° 45° 25 125 Aggregate 20 feet; no side yard less than 5 feet 25 10 May be increased by 25% for non- (1) (2) (3) (4) (5) (4) (5) Buffer Yard Standards Outdoor Storage See Section 18.40.020 district with a solid masonry block~ concrete panel~ or similarly constructed wall. (1) (2) (3) (4) (5) Outdoor storage shall be screened from view from public streets or any "R" Maximum Building Height. Building height may be increased by site development permit. Projections above the maximum height limit are allowed for chimneys, towers, spires, mechanical equipment, and antennas per Section 18.40.080, Exceptions to Height Limits. Sky Plane Encroachments. Encroachments permitted subject to specified standards as prescribed in Section 18.40.080, Exceptions to Height Limits. Front-Yard Landscape. All unimproved areas within building and parking setbacks shall be landscaped. Front-Yard and Street Side-Yard Setbacks. Twenty-five feet for arterial streets and frontage roads. All other street setbacks 20 feet minimum. Nonarterial and frontage road front-yard setbacks may be reduced to 15 feet for parcels less than 45,000 square feet. Interior Side and Rear-Yard Setbacks. If used for driveways or storage areas, these areas need not be landscaped unless they are also buffer yards. III.34 Chapter 18.35: "OS" Open Space District Sections: 18.35.010 18.35.020 18.35.030 18.35.040 Purpose Applicability Land Use Regulations Zoning Map Indicator 18.35.010 Purpose The specific purposes of the "Open Space" District are to: 1. Identify and protect public lands, including those subject to public open-space easements. 2. Identify and protect private lands that are subject to private open-space easements. 3. Implement the goals and policies of the General Plan Natural Resources Element. Protect citizens from flood, erosion, and landslide hazards by classifying land prone to 100.year floods and lands with slopes in excess of 20 percent as open space. 5. Establish specific uses and activities that are appropriate for open space areas. Enhance the community character, maintain the scenic beauty, and increase recreational opportunities by preserving open space. 18.35.020Applicability The "Open Space" District is applied principally to lands identified as: (1) having slopes in excess of 20 percent and (2) being located within the 100-year-flood elevation of the Sacramento River or one of its local tributaries. The "Open Space" District may also be applied to lands for the protection of plant and/or animal species that are rare, endangered, threatened, or otherwise identified as species of concern by Federal or State agencies. The boundaries and uses of each open-space area shall be established at the time a development approval for property containing open-space resources is made by the City. Further, the City may initiate, or participate in, detailed topographic, flooding, biological, or similar studies that clearly define areas to be placed within an "Open Space" District. 18.35.030 Land Use Regulations Unlike other districts contained in this title, the "OS" Open Space District is intended as a preservation tool, and as such, uses are limited to those which are consistent with the undeveloped nature of the lands. However, certain open space areas also provide corridors for trails, public urilities, streets, and other necessary public improvements. Schedule 18.35.020 A below prescribes the land use regulations for the "OS" District. The regulations for the district are established by letter designation as follows: III-35 Redding Zoning Ordinance Update "P" designates permitted uses. "L" designates uses that are permitted subject to certain limitations prescribed by the additional use regulations contained in this chapter. "S" designates land uses or activities that are permitted after review and approval of a site development permit by the Board of Administrative Review. Uses or activities determined by the Director to not be substantially similar to those listed in Schedule 18.35.020-A as permitted outright, by permit, or with limitations, are prohibited. Schedule 18.35.020-A: Use Regulations-- ---ye Space" District Buildings -- Camping -- Dispersed recreational activities P Fences -- Fire access trails S Fire hazard abatement as approved by the Fire Marshal P Flood control facilities and projects L17 Pedestrian and bike trails S Gardening -- I Grading/filling -- Livestock grazing L18 Operation of motorized vehicles -- Passive activities (hiking, walking, bird watching, and similar activities) P Public streets L17 Public utility installation and maintenance L17 Refuse dumping -- Storage of materials -- Trail/interpretive signs P L17: Uses permitted if consistent with the General Plan and/or approved development plans and/or are consistent with the purposes for which the open space area was originally dedicated for public uses. L18: If an historical use of the property. Grading for trails, fire prevention, stormwater management, and similar activities is permitted. 18.35.040 Zoning Map Indicator "Open Space" Districts shall be designated on the Zoning Map as "OS" regardless of whether the open space is private or public. The district may be applied to any underlying General Plan classification. Private open space easements are subject to recorded easement documents (typically a recorded parcel or subdivision map)which restricts use of the property consistent with this chapter. Public open space may be dedicated for certain public uses in the form of an easement or through dedication "in fee" to the City. The City shall periodically amend the zoning map to reflect any new open space easements and dedications that have been recorded. III-36 Chapter !8.36: "PF" Public Facilities District Sections: 18.36.010 18.36.020 18.36.030 18.36.040 18.36.050 Purpose Applicability Land Use Regulations Site Development Regulations and Performance Standards Zoning Map Indicator 18.36.010 Purpose The specific purposes of the "Public Facilities" District are to: Provide areas for public and quasi-public facilities that are appropriate for educational facilities, cultural and institutional uses, health services, specialized housing and care facilities, parks and recreation, general government operations, airports, utility and public service needs, and other similar and related supporting uses. ° Recognize the unique nature of public and quasi-public uses by requiring use permits for most uses and activities within the "Public Facilities" District. Ensure the provision of services and facilities needed to accommodate planned population densities. 18.36.020 Applicability The "Public Facilities" District applies to a variety of public and semi public properties including those owned by governmental agencies, philanthropic organizations, religious organizations, and non profit corporations. It is utilized where the use of the property is intended to provide a needed public purpose, to provide services to special population groups, or to identify properties that may be utilized for public or semi public uses in the future. 18.36.030 Land Use Regulations Schedule 18.36.030-A below prescribes the land use regulations for the "Public Facilities" District. The regulations for this district are established by letter designation as follows: "P" designates permitted use classifications. "S" designates use classifications that are permitted after review and approval of a site development permit by the Board of Administrative Review. "U" designates use classifications that are permitted after review and approval of a use permit by the City Planning Commission. 1II.37 Redding Zoning Ordinance update Use classifications are defined in Chapter 18.60, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications not listed or not substantially similar to the uses in the schedule below as determined by the Director are prohibited. Schedule 18.36.030-A Land Use Regulations Public and Semi. Public Uses Cemetery U Clubs and Lodges S i Colleges and Trade Schools, Public or Private S 1 Community Service Facilities U Cultural Institutions S 1 Day Care Center (14 or more) S 1 Government Offices S 1 Hospitals and Clinics (including emergency care) S 1 Offices of Philanthropic/Nonprofit Organizations S 1 Park & Recreation Facilities S 1 Parking, Public S 1 Public Maintenance and Service Facilities U Public Safety Facilities S 1 Religious Facilities S 1 Residential, Public and Not for Profit S 1 Residential Care, General S 1 Residential Care, Senior S 1 Schools, Public or Private S 1 Transportation, Communication, and Utilities Uses Airports and Heliports U Communication Antennae and Transmission Towers U Transportation Passenger Terminals U Utilities, Major U Utilities, Minor P Accessory Uses and Structures See Section 18.43.020 ~ Use permit required if facility exceeds 30,000 square feet or 50 dwelling umts. 18.36.040 Site Development Regulations and Performance Standards Development standards shall be as specified by the use permit. 18.36.050 Zoning Map Indicator Public facilities shall be designated on the Zoning Map as "PE" Such facilities less than 2 acres in size need not be so designated. III-38 PART IV REGULATIONS APPLYING IN ALL DISTRICTS Chapter 18.40: Development and Site Regulations Sections: 18.40.010 18.40.020 18.40.030 18.40.040 18.z,0.050 18.~,0.060 18.~,0.070 18.~,0.080 18.~,0.090 18.~.0.100 18.40.110 18.40.120 18.40.130 18.40.140 18.40.150 18.40.160 18.40.170 18.40.180 18.40.190 Antennas and Microwave Equipment; Telecommunications and Wireless Facilities Buffer Yards Building Projections into Setback Areas Compliance with Map Requirements Design Criteria Development on Substandard Lots Development on Lots Divided by District Boundaries Exceptions to Height Limits Lighting Noise Standards Performance Standards, Citywide Refuse Storage Areas Screening of Mechanical Equipment Site Obstructions at Intersections Sky Plane Swimming Pools Underground Utilities Walls and Fences Wellhead Protection 18.40.010 Antennas and Microwave Equipment; Telecommunications and Wireless Facilities A. Purpose. To ensure that amateur radio antennas and satellite and microwave dish antennas and equipment do not have an adverse impact on aesthetic values and public safety in residential, commercial, and industrial areas. 2. To provide controls for the installation of antennas and microwave equipment. To provide a regulatory mechanism to accommodate the installation and development of telecommunications and wireless communications facilities whose services benefit the residents of Redding. To provide for the appropriate development of telecommunication and wireless facilities consistent with the Federal regulations, with the intention of maximizing the use of existing towers, minimizing the need for new towers, and encouraging the use of alternative tower structures. ReJ~ing Zoning Ordinance Up~.e To minimize the visual impacts that telecommunications and wireless facilities can create in the community through careful siting, design, screening, and camouflaging. /tLNTENNA AND MICROWAVE EQUIPMENT REGULATIONS B. Locafional Criteria: Amateur Radio Antennas. An amateur radio antenna may be installed on a lot in any district if it complies with the following criteria: Setbacks. Location in any required front or street side yard or within 10 feet of any other side and rear property line is prohibited. Maximum Height. Twenty feet above the district height limit provided that additional height may be authorized with a use permit. 3. Surface Materials and Finishes. Highly reflective surfaces shall not be permitted. Locational Criteria: Satellite Antennas. A satellite antenna exceeding 24 inches in diameter may be installed on a lot in any zoning district ff it complies with the following criteria. Antennas 24 inches or smaller in diameter need not comply with these requirements if they are afftxed to the main or accessory structure. 1. Residential and Office Districts. Setbacks. Shall be located on the rear '/5 of the lot; shall be at least 10 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 there are front-yard setbacks greater than 80 feet, the antenna may be located on the middle 1/a of the lot provided that a site development permit is obtained in each case. Screening. A screen, fence, or earth berm shall be constructed to hide the base of the antenna from view from the street and adjoining front yards in the cases where the antenna is located in the middle V3 of the lot. Maximum Height. Twenty feet, measured from ground level immediately under the antenna to the highest point of the antenna in its highest position. In case of an interior lot abutting upon 2 streets, it shall not be erected so as to encroach upon the front yard required for either street. 2. All Other Districts. Setbacks. Shall not be located closer than 15 feet to any public street as measured from edge of right-of-way. 1V.2 Redding Zoning Ordinance Update Maximum Height. Thirty-five feet, measured from ground level immediately under the antenna to the highest point of the antenna in its highest position. If mounted on a roof, the antenna shall not extend more than 10 feet higher than the height limit established for the district. Co Screening. The structural base of a satellite antenna, including all bracing and appurtenances, but excluding the dish itself, shall be screened from view from public rights-of-way and any adjoining "R" district by walls, fences, buildings, landscape, or combinations thereof not less than 4 feet high. Undergrounding. All wires and/or cables necessary for operation of the antenna or reception for the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna. e. Surface Materials and F/n/shes. Highly reflective surfaces shall not be permitted. f. Advertising. Antennas shall not be used for advertising purposes. Do Locational Criteria: Microwave Receiving and Transmitting Antennas; Relay Equipment. Microwave antennas and equipment may be installed with a site development permit on any lot in the "GO," "SC," "RC," "GC," "HC," and "PF" Districts except in any required front or street-side setback area. They are permitted in the "Gr' and "HI" Districts unless the antennas exceed district height limits, in which case, a site development permit is required. All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except wires or cables attached flush with the surface of a building or structure of the antenna. Landscape or solid screening shall be placed around the base of any tower to screen the tower from view and to provide a physical separation between the tower and any pedestrian or vehicular circulation. TELECOMMUNICATIONS AND WIRELESS FACILITIES REGULATIONS Compliance with Applicable Codes. Telecommunication and wireless communication facilities constructed in the City of Redding shall comply with all applicable codes and standards. B. Permits. All telecommunication and wireless communication facilities shall be subject to the following: Zoning Clearance. All building-mounted facilities that comply with the regulations contained in this section. o Use Permit. Facilities that require a use permit shall include: a. All ground-mounted facilities that are not collocated with other similar existing facilities or are within 150 feet of a residential district. IV-3 Redding Zoning Ordinance Update Co o bo Collocations that involve the installation of improvements which increase the height of an existing or similar facility by 10 percent or replace or reconstruct a facility no longer considered in conformance with the zoning or building codes. Co Multiple communication sites proposed by a single applicant, in which case a use permit will serve as a master land permit for all sites under single review by the Planning Commission. Facilities determined to have a potentially significant impact on the neighborhood. In such case, the Director may require an independent third-party review, at the expense of the applicant, to confirm the radio frequency needs of the applicant. e. Facilities that do not comply with the standards of this chapter. Exempt. New facilities that collocate on or within an existing approved tower or other facility and which comply with all relevant standards for the district in which the facility will be located, except where such facilities are located within 150 feet of a residential district. Height. All telecommunication and wireless communication facilities shall be of a minimum functional height, but where feasible, allow for future collocation of antenna arrays. Building- mounted facilities shall not exceed 15 feet above the maximum height permitted for the district within which they are located. Minimum Setbacks. Telecommunication and wireless communication facilities, including guy wires and accessory facilities, shall be set back a distance 2 times the height of the tower from any residential district boundary unless a stealth design or site particulars mitigate the visual impact. Preferred Locations. Telecommunication and wireless communication facilities shall be collocated with existing or planned facilities, where feasible or where found to minimize visual impact (regardless of zoning district). Other facilities suitable for collocation may include publicly used structures (water tanks, light standards, etc.), industrial, commercial structures, and mixed-use buildings in urban areas. Prohibited Locations. Telecommunication and wireless communication facilities shall not be located: 1. On the site of any designated Federal, State, or local landmarks. o Within 1,500 feet of an existing tower, unless it is on a previously approved collocated facility or multiple-user site, is technologically required, or is visually preferable. Within a residential district, unless building-mounted in a stealth manner, satisfactorily disguised in a stealth structure, or totally enclosed within a building. 1V-4 ReJ~tin~ Zonin~ Ordin~ce Update Visual Compatibility. The following standards of visual compatibility and screening shall apply: o All telecommunication wireless communication facilities equipment shall be screened or camouflaged so as to reduce visual impacts. Existing site features shall be used to screen or camouflage the facility where possible. All facilities must be visually compatible with surrounding buildings, structures, and/or uses in the area to the maximum extent feasible. All antennas, towers, or related equipment shall be coated with a nonreflective finish or paint consistent with the background area where the facility is to be placed. Screening for ground-mounted equipment shall include existing and/or new vegetation pursuant to Chapter 18.40. Building-mounted equipment shall be located, painted, and/or architecturally designed so as to be compatible with surrounding buildings and/or uses. Interference. Interference with a public-safety radio system shall not be allowed. Prior to receiving a zoning clearance, site development permit, or use permit, applicants shall submit engineering studies evaluating transmission and radiated output power (to the third harmonic). The studies shall be reviewed by the City's Telecommunications Manager, who shall advise the approving authority on whether the application should be approved or denied based on the results of said study. Technological Progress. When telecommunications technology becomes available and economically viable to allow the height of cell towers to be reduced by 50 percent or more or to allow sites to be eliminated altogether, such facilities shall be upgraded or eliminated within 24 months of a request by the City. Discontinuance of Use. The City shall be notified by the service provider of any intent to discontinue operation no less than 30 days prior to discontinuance. Upon discontinuance of use, all related equipment shall be removed and the property restored to the preconstruction condition within 90 days. 18.40.020 Buffer Yards Purpose. The purposes of these regulations are to prescribe screening requirements and other appropriate controls designed to ensure an orderly relationship between neighboring developments; to enable diverse kinds of uses to be located near one another in a compatible manner; and to improve the appearance of individual properties, neighborhoods, and the city. Required buffer yards are not in addition to setback requirements established in this title, but dictate the use of setback areas or portions of setback areas where dissimilar land uses abut one IV.5 Re&ting Zoning Ordinance Update another. The intent of this section is to require the most intensive adjacent zoning district to meet the buffer-yard requirement. Applicability. A buffer yard is required to be provided by new development or where such development is enlarged by 20 percent or more in assessed value or in floor area, where such development abuts a dissimilar zoning district as depicted on Schedule 18.40.020-A. Standards. Schedule 18.40.020-A summarizes buffer yard widths and wall requirements for each type of buffer yard. The buffer yard shall consist of the following: Planting a mix of deciduous and evergreen trees and shrubs of suitable type, size, and spacing to achieve screening year-round. Construction of a wall made of decorative block, concrete panel, or other substantially equivalent material between the dissimilar land uses. The Director may authorize the use of block post with wood insert fences between "RM" and "RS" Districts and between "LO" and "RS" Districts. Schedule 18.40.020-A: Buffer Yards Commercial Adjacent to Residential 20 feet 6 feet Office Adjacent to Residential 10 feet 6 feet Multiple Family Adjacent to Single Family 10 feet 6 feet Industrial Adjacent to Residential 50 feet 8 feet Notes: 1. Wall heights may be increased at the discretion of the Director or approving body where needed to address land use impacts. 2. Where a wood fence already exists between land uses, it need not be replaced by a wall if the Director determines that the dissimilar land uses are adequately buffered given the circumstances of the site. 3. Where a public use abuts a residential district, the type of public facility will determine which of the above buffer yards is appropriate. ~-----Wall Lower Intensity Use Higher Intensity Use X = Buffer Yard width. See Schedule 18.40.020-A Section 18.40.020 BUFFER YARD IV-6 Re&ling Zoning Ordinance Update Buffer Site Plan. A buffer site plan shall be submitted to the Director with a building permit or any site development permit or use permit application for a project requiring a buffer yard. The buffer site plan shall be prepared in accordance with Section 16.60 of the Redding Municipal Code in a form prescribed by the Director. It shall show the buffer yard location on the project site, proposed plant locations, a plant list and key, location of utility easements, roads, emergency access, walkways, proposed mechanical equipment, proposed trash enclosures, proposed loading areas, and existing and proposed structures on the site. Alternative Buffer Yards. Alternative buffer yams may be approved by zoning exception (Chapter 18.15) provided this alternative buffer yard meets the intent of this section. Alternative buffer yards may be approved where the site size, shape, topography, easements, or existing buildings of the property make the use of the standard buffer impractical. Replacement of Buffer Yard Vegetation. All installed or existing vegetation shall be properly maintained in a healthy condition. Dying, damaged, or removed vegetation shall be replaced within 6 months with another living plant that complies with the approved Buffer Site Plan. Go Uses of Buffer Yards. Buffer yards shall not be used for parking, driveways, trash enclosures, or as a building area, except that surface parking is permitted in industrial buffer yards provided it is set back at least 30 feet from the property line. Exceptions. Where a proposed use is separated from an existing use by a street or rail right-of- way, flood control channel, or stream corridor, no buffer yard is required provided such street or rail right-of-way, stream corridor, or major waterway is at least equal in width to the required buffer yard and required screening is achieved. A wall may be required where necessary to address project-specific impacts. Pedestrian and/or vehicular openings in a buffer yard may be appropriate to facilitate access from residential areas to commercial projects. 18.40.030 Building Projections into Setback Areas Maximum projections into required yard setbacks shall be permitted as follows: A. Fireplaces or Chimneys. Eighteen inches. B. Cornices, Eaves, Mechanical Equipment, and Ornamental Features. Two feet. Co Balconies, Stairs, Canopies, and Awnings. Six feet into a front or rear yard and 2 feet into a side yard; this is not to be construed as prohibiting open porches or stoops not exceeding 18 inches in height and not approaching closer than 18 inches to any lot line. Approved living area over a garage may project up to 2 feet into the required front-yard setback. D. Bay Windows: Two and one-half feet except in a 5-foot-wide side yard where a 2-foot projection is allowed. IV. 7 Re&i/hi Zoning Ordinance Updoxe 18.40.040 Compliance with Map Requirements Purpose and Intent. The purpose of this section is to recognize any special development conditions, limitations, or environmental mitigation requirements established by a tentative map approval process pursuant to Title 17 that are necessary and applicable to the construction of private improvements on some or all parcels following the recordation ora final map or parcel map, so that such requirements will be of record and binding. It is the intent of this section that conditions of approval for a subdivision be recognized as enforceable, when it is found necessary by the approval body to apply special development standards to subsequent development resulting from the subdivision. Applicability. This section shall apply to all lots of record created by either a parcel map or fmal map, where certain conditions of approval were determined necessary and adopted which control subsequent development on parcels created by the map. This section alone shall not be construed as limiting the type of primary land uses allowed by the base zoning district. C. Effect of Map Conditions. Conditions of approval established for a tentative map shall apply on an ongoing basis under the following circumstances: Special development needs, conditions, or environmental mitigation requirements were identified during the tentative map approval process that must apply to development within the subdivision after lots are formally created. Such requirements may include, but are not limited to: at Structure setbacks from open-space easements. Requiring the use of nonflammable building materials, residential sprinkler systems, or other public-safety measures. Maintenance responsibility of landscape or open-space/fire-break management easements on the property. d. Limitations on lot grading activities. e. Location of driveways, main buildings, and accessory structures. f. The preservation of significant trees or other natural features. o A statement of special conditions has been established as a matter of record on the property title as provided in Subsection D below. Recordation of Conditions. It is appropriate and necessary to inform purchasers of property of the existence of any special subdivision conditions as specified herein, which are applicable to the development and maintenance of the property. For this reason, such conditions shall be recorded so that they will appear in the title of the affected properties by either (1) a Statement of Conditions placed on the parcel map or final map as permitted by the Subdivision Map Act and/or (2) the recording of a Statement of Conditions as a separate instrument. The method and content of the notice used shall be that determined appropriate by the Director in order to fulfill the intent of the section. E. Modification of Conditions. A recorded Statement of Conditions may be modified or removed from some or all of the affected properties only upon an application to and approval by the Planning Commission, with appropriate environmental clearance. A public heating shall be held by the Planning Commission when considering the request as specified in Chapter 18.11, Common Procedures. All property owners within the affected subdivision shall be notified of the punic hearing. An approval to modify a Statement of Conditions must include findings that the proposal: (1) is consistent with the General Plan; (2) will not result in adverse environmental conditions; (3) will not compromise the public health, safety, or welfare; and (4) is consistent with the overall design and function of the subdivision. If approved by the Planning Commission, modification to Statement Of Conditions shall be recorded, as determined appropriate by the Director, to document in the property title any approved changes to special conditions as were previously established. 4. Decisions by the Planning Commission may be appealed to the City Council in accordance with the requirements of Chapter 18.11, Common Procedures. 18.40.050 Design Criteria Ao Purpose. The design criteria are intended to be used as a reference to assist project designers in understanding and responding to the City's goals and objectives for high-quality residential, commercial, and industrial development. The criteria shall complement the development regulations contained in this code by providing good examples of potential design solutions and by providing appropriate design interpretations. Bo Applicability. These criteria are advisory for permitted uses, but should be used as a guide in conjunction with uses subject to a site development permit, use permit, small-lot subdivision, or planned development proposal to encourage a high level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. Co Criteria Formulation and Adoption. The Director shall develop design criteria for consideration by the Planning Commission and adoption by resolution of the City Council. The design criteria are advisory for permitted uses. For development requiring a discretionary approval, effective implementation of the design criteria shall also be considered as a basis for making the required findings for approval provided, however, that applicants may submit IV. 9 Redding 2oning Ordinance Update alternative design solutions that are different than contained in the criteria but result in superior solutions that also are consistent with the General Plan. The criteria shall address: Small-lot singledamily development and multiple-family development, including such items as transitions from other uses, building massing and location, interior and exterior nonvehicle connections, recreation/common facility location and design, and preservation of natural amenities. Office, commercial, and industrial development, including site design, parking layout/location, building location, building massing, appropriate use of signage, use of architectural features, landscape features, and public areas. 18.40.060 Development on Substandard Lots A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use. No substandard lot shall be further reduced in area or width, and a substandard lot shall be subject to the same yard and density requirements as a standard lot. 18.40.070 Development on Lots Divided by District Boundaries The regulations applicable to each district shall be applied to the area within that district, and no use other than parking serving a principal use on the site shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. 18.40.080 Exceptions to Height Limits Towers, spires, cupolas, chimneys, elevator penthouses, water tanks, monuments, theater scenery lofts, and similar structures and necessary mechanical appurtenances, coveting not more than 20 percent of the top floor roof area to which they are accessory, may exceed the maximum permitted height by 10 feet with no discretionary review. Approval of a zoning exception is required to exceed these standards. 18.40.090 Lighting Exterior lighting of multiple-family, commercial, office, and industrial developments is regulated to eliminate light spillover and glare on motor vehicle operators, pedestrians, and land uses within the light source's proximity. Safety considerations are the basis of the regulations, especially with respect to motor vehicles. In other cases, the regulations protect against both nuisance and hazard aspects of glare or excess light. A. Plans Required. For all new construction of commercial, office, and industrial developments, a plan detailing locations, size, height, orientation, and design of all outdoor lighting shall be IV-lO Redding Zoning Ordinance Update submitted. A detail drawing, showing type of fixtures and level of wattage, shall also be provided. B. Lighting Standards. All exterior lights shall be designed, located, installed, directed, and shielded in such a manner as to prevent objectionable light at, and glare across, the property lines. Exterior lighting shall be directed downward and away from adjacent properties and the public right-of-way. Shielded shall mean that the light rays are directed onto the site, and the light source--whether bulb or tube--is not visible from an adjacent property or rights-of- way. o All parking area lighting, including building- and pole-mounted, shall be fully shielded so as to prevent light spillover at property lines. o All building lighting, other than architectural lighting, shall be fully shielded, not allowing any upward distribution of light. Floodlighting is discouraged and, if used, must be shielded to prevent: (1) light trespass beyond the property line and (2) light above a No Yes No Yes Flood L isht w iih Hood 18.40.100 Noise Standards A. Purpose. The purpose of this chapter is to: 1. Control unnecessary, excessive, and annoying noise. 2. Protect the public health, safety and welfare. IV-II Redding Zoning Ordinance Update Do o Declare that creating, maintaining, or causing noise in excess of the limits prescribed by this chapter is a public nuisance and shall be punishable as such. General Noise Regulations. Notwithstanding any other provision of this chapter and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section. Factors of Determination. The factors which will be considered in determining whether a violation of the provisions of this chapter exists shall include, but not be limited to, the following: 1. The sound level of the alleged objectionable noise. 2. The sound level of the ambient noise. 3. The nature and zoning of the area within which the noise emanates. 4. The time of day or night the noise occurs. 5. Whether the noise is continuous, recurrent, or intermittent. Noise Measurement. Noise shall be measured utilizing the hourly energy-equivalent noise level (Leq). Noise Limits. The provisions of this section address noise intrusions over and above the noise normally associated with a given location (intrusions over the ambient level). The ambient noise varies throughout the community, depending upon proximity to streets and the type of area land uses. The maximum sound levels shall be determined as follows: 1. Exterior Noise Limits. ao The noise standards for the various categories of land use as set forth in Schedule 18.40.100-A, unless otherwise specifically indicated, shall apply to all such property within a designated zone. No person shall operate, or cause to be operated, any source of sound at any location within the incorporated city or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed the noise standard for that land use specified in Schedule 18.40.100-A: bo If the measured ambient level is above that permissible, the allowable noise exposure standard shall be increased to reflect the actual ambient noise level. 1V-12 Redding Zoning Ordinance Update Schedule 18.40.100-A describes the noise standard for emanations from any source as measured on adjacent properties: Schedule 18.40.100-A: Exterior Noise Standards Residential I 10 p.m. - 7 a.m. I 45 ............................... '. ......... ..7._ .a:?;..T _-1.0- ?-m-: ......... 1 ................_.5.5. Office/Commercial ! 10 p.m. - 7 a.m. ! 55 ....................... [ ........ 7. a_ ._~. _ _7__ _l_0__p_ .__m~. ..... [ .............. 6_5 ............... Industrial { 10 p.m. - 7 a.m. t n/a' *~ 7a.m. - 10 p.m. I n/a~ Industrial noise shall be measured at the property line of any nonindustrial district. F. Prohibited Acts. The following acts are hereby prohibited: Loading and Unloading. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, or similar objects between the hours of 10 p.m. and 7 a.m. in such a manner as to cause a noise disturbance across a residential real property line. 2. Construction or Demolition. Operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work in or within 500 feet of a residential district such that the sound creates a noise disturbance across a property line during the following times: May 15 through September 15: Between the weekday hours of 7 p.m. and 6 a.m. and weekends and holidays between 8 p.m. and 9 a.m. September 16 through May 14: Between the weekday hours of 7 p.m. and 7 a.m. and weekends and holidays between 8 p.m. and 9 a.m. o Domestic Power Too/s, and Equipment. Operation, or permitting the operation, of any mechanically powered saw, lawn or garden tool or similar outdoor tool between 10 p.m. and 7 a.m. on weekdays (or 9 p.m. and 8 a.m. on weekends and legal holidays) so as to create a noise disturbance across a residential or commercial real property line. G. Emergency Exemptions. The provisions of this chapter shall not apply to: 1. The emission of sound for the purpose of alerting persons to the existence of an emergency. 2. The emission of sound in the performance of emergency work. IV-13 Redding Zoning Ordinance Update H. Miscellaneous Exemptions. Warning Devices. Warning devices necessary for the protection of the public safety, such as police, fire, and ambulance sirens, shall be exempted from the provisions of this chapter. Outdoor Activities. The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events provided that such events are conducted pursuant to a permit or license issued by the City relative to the staging of such events. Churches and Other Similar Organizations. Any churches or other similar organization which use unamplified bells, chimes, or other similar devices are exempt from the provisions of this chapter so long as said church or other similar organizations play such between the time period of 7 a.m. and 10 p.m. and the playing period does not exceed 30 minutes in any one hour. '5. Municipal Solid Waste Collect/on. Collection of solid waste, vegetative waste, and recyclable materials by the City of Redding shall be exempt from the provisions of this chapter. Public Works Conzm~on Projects. Street, utility, and similar construction projects undertaken by or under contract to the City of Redding, County of Shasta, or State of California or a public utility regulated by the California Public Utilities Commission. Public Utility Facilities. Facilities including, but not limited to, 60-cycle electric power 'transformers and related equipment, sewer lift stations, municipal wells, and pumping stations. Federal and State Preempted Activities. Any other activity shall be exempt from the provisions of this chapter to the extent regulation thereof has been preempted by State or Federal laws. 18.40.110 Performance Standards, Citywide The following performance standards shall apply to all use classifications in all zoning districts: A. Noise. No use shall create noise levels which exceed the standards of Chapter 18.40.100. Director May Require Acoustic Study. For new uses that, in the opinion of the Director, may not meet the standards of the Noise Element, the Director may require that an acoustical analysis be prepared. The analysis shall, at a minimum, conform to the following standards: ao Analysis shall be prepared by a qualified person experienced in the fields of environmental noise assessment and architectural acoustics. IV-14 bo Noise levels shall be documented with sufficient sampling periods and locations to adequately describe local noise conditions and noise sources. Existing and projected noise levels shall be estimated in terms of Leq and LA or CNEL. Levels shall be compared to the existing ambient noise levels. Mitigation shall be recommended, giving preference to site planning and design rather than noise barriers, where feasible. Noise exposure after the prescribed mitigation measures have been implemented shall be estimated. No/se Attenuation Measures. The approving authority may require the incorporation into a project of any noise-attenuation measures deemed necessary to ensure that noise standards are not exceeded. Bo Vibration. No use, activity, or process shall produce vibrations that are perceptible without instruments at one or more property lines of a site. Odors. No use, process, or activity shall produce objectionable odors detectable by a reasonable person that are perceptible without instruments at the property lines of an "R" district. Hazardous and Extremely Hazardous Materials. The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations, the California Fire and Building Codes, and any other applicable laws. Heat and Humidity. Uses, activities, and processes shall not produce any emissions of heat or humidity at the property line that cause material distress, discomfort, or injury to a reasonable person. Electromagnetic Interference. Uses, activities, and processes shall not cause electromagnetic interference with normal radio, television, or telephone reception in "R" districts or with the function of other electronic equipment beyond the property line of the site on which they are situated. 18.40.120 Refuse Storage Areas A. Purpose. To establish design and locational criteria for the construction of trash- and recycling- container enclosures in conjunction with multiple-family residential, commercial, and industrial developments. The Director is authorized to require that a trash container enclosure meeting the standards of this section be constructed as a condition of obtaining a site development permit, use permit, or building permit on any site that does not have the required enclosure. W. 15 Redding Zoning Ordinance Update o To ensure that enclosures are functional, serviceable, durable, unobtrusive, and architecturally compatible with the adjacent buildings. To ensure adequate areas for the storage of recyclable materials as required by the California Solid Waste Reuse and Recycling Act of 1991. B. Applicability. Co Trash-container enclosures. Required for new dwelling groups consisting of 4 or more dwelling units. Trash- and recycling.container enclosures. Required for all multiple-family developments consisting of 5 or more dwelling units and by all office, commercial, and industrial developments. Alterations (including cumulative alterations) resulting in an increase in floor area of 30 percent or more require installation of a recyclable-materials enclosure. o Trash and recycling 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 Director. The Director is authorized to require that a trash-container enclosure meeting the standards of this code be constructed as a condition of obtaining a building permit on any site that does not have such an enclosure. Schedule 18.40.120.A: Applicability of Recycling and Solid Waste Disposal Regulations R 5 or more dwelling units O, I, PS All development C All development~ Note: ~ For residential development in "C" districts, applies only to 5 or more multiple-family dwellings. Location and Orientation. All enclosures shall comply with the California Fire Code and shall meet the following requirements unless it is demonstrated that they are infeasible. A building permit shall not be issued for a project until documentation of approval of the location is provided by the Director. No enclosures shall be located within any required front-yard or street side-yard setback areas unless it is satisfactorily demonstrated to the Director that due to originality of design, architectural treatments, and lack of visibility of loading areas, the location meets the intent of this section. IV. 16 Redding Zoning Ordinance Update Do Trash enclosures shall be located so that front-load equipment having a 17.5-foot wheel base and an outside turning radius of 45 feet has sufficient maneuvering area and, if feasible, so that the collection equipment can avoid backing. The enclosure pad with an apron area 10 feet in width and 20 feet in length shall not have a slope, including cross slope, exceeding 2 percent. The pad shall not be elevated above the apron. Recycling enclosures shall be located within 10 feet of a driveway aisle or parking area. A 4-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 5 percent. All enclosure types shall be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the building spaces they serve. The area in front of all enclosure types shall be kept clear of obstructions; shall not be utilized for parking; and shall be painted, striped, and marked '~1o Parking." Materials, Construction, and Design. The various components of trash- and recycling- container enclosures shall be constructed and thereafter maintained as follows: Minimum Height. Six feet for trash enclosures; 5 feet for recycling enclosures. Enclosure Material. Solid masonry or concrete tilt-up with decorated exterior-surface finish compatible to the main structure(s). If the enclosure is not visible from a public walkway, street, or residential area, the enclosure may be constructed of chain-link fencing with wood or plastic inserts. ° Gate Material. 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. 4. Enclosure Pad. Four-inch-thick-minimum concrete pad. Bumpers. Two inches by 6 inches thick and made of concrete, steel, or other suitable material and shall be anchored to the concrete pad. ° Protection for Enclosures. Concrete curbs or equivalent shall protect enclosures from adjacent vehicle parking and travelways. Travelways and Area in Front of Enclosure. An adequate base to support a truck weight of 62,000 pounds. Signs. A sign clearly identifying the recycling collection area(s) and the materials accepted shall be posted adjacent to the recycling-container enclosure. The sign shall be a minimum of 17 inches high by 22 inches long. Lettering shall consist of not less than one-inch letters. IV. 17 Redding Zoning Ordinance Update 9. Trees. Trees shall not be planted that will canopy over or overhang a trash enclosure. E. 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 be designed such that the recycling bins can be serviced without removal of the trash container. The requirements of Subsection D (Materials, Construction, and Design) shall apply. 18.40.130 Screening of Mechanical Equipment Ground- and roof-mounted mechanical and utility equipment shall be screened from view from public streets, public gathering areas, and from residential districts as required below. Such equipment includes, but is not limited to, heating and air conditioning equipment, refrigeration equipment, utility equipment (i.e., transformers, cross-connection control devices, exhaust fans and vents, and similar equipment). The location and screening techniques proposed for this equipment shall be depicted on building/site plans submitted to the City for approval of a building permit, site development permit, or use permit. The location and method of screening must be approved by the Director prior to issuance of these permits. This section shall not be construed as prohibiting roof- mounted equipment installed prior to the adoption of this code from being repaired or replaced. A. Residential Uses. Roof-mounted heating and air-conditioning equipment is prohibited unless a zoning exception is granted pursuant to Section 18.15.030(R). Ground-mounted equipment shall be screened from public view. B. Commercial Uses 1. Ground-mounted HVAC units and utility equipment such as electric and gas meters, panels, junction boxes, and similar equipment shall be screened from view of public streets, parks, plazas, etc., using architecturally compatible walls and/or thick landscape. 2. Utility transformers, cross-connection control devices, and similar equipment shall be carefully located to minimize to the extent possible their view from public streets, parks, and plazas. In commercial developments, these devices should, wherever feasible, be located within service alleys or other locations that are not immediately adjacent to streets, driveways, parking lots, or public gathering areas. Where visible from these areas, the equipment shall be oriented so that it can be screened with berms, walls, landscape, or a combination thereof, while maintaining access to service doors and equipment as required by the affected utility. 3. Roof-mounted mechanical equipment shall be hidden with building elements that are designed for that purpose as an integral part of the building design. 4. Wall-mounted mechanical equipment that protrudes more than 12 inches from the outer building wall shall be screened from view by structural features that are compatible with IV. 18 Redding Zoning Ordinance Update the architecture and materials of the building. Wall-mounted equipment that protrudes less than 12 inches from the outer building wall shall be designed to blend with the color, design, and materials of the building. C. Industrial Uses Ground-mounted HVAC units and utility equipment shall be screened from view from public streets and residential districts. o Recognizing the unique nature of industrial operations, alternative screen measures for roof- and wall-mounted equipment may be proposed for buildings exceeding 10,000 square feet. Those methods may include, but shall not be limited to, increased setbacks, increased landscape, grouping of the equipment on specific portions of the building, painting, or otherwise camouflaging the equipment. 18.40.140 Sight Obstructions at Intersections Intersections. Visibility at street intersections shall not be blocked above a height of 3 feet by vegetation or structures, including, but not limited to, fences and walls. This restriction shall apply to all land within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines 30 feet back from the point of their intersection. In the case of a rounded corner, the triangular area is measured between the tangents to the curve of the right-of- way line and a diagonal line joining points on the tangents 30 feet back from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve of the right-of-way line at the corner. 18.40.150 Sky Plane The sky plane establishes maximum building heights for office, commercial, industrial districts, or "RM" (multiple-family) District where they abut an "RL," "RE," or "RS" (residential) District. The sky plane is represented by a line drawn at 45 degrees, originating at the common property line at ground level, extending for a horizontal distance of 45 feet. The Director shall apply sky plane requirements within a residential district if determined necessary to protect adjacent residences from the impacts of nonresidential or institutional uses, such as a religious facility, residential care facility, or similar use. Resident~al Zone Commercial Zone SKYPLANE ADJACENT TO R DISTRICTS 18.40.160 Swimming Pools A. Purpose. The purpose of this section is to establish property-line setback requirements for swimming pools. IV. 19 Redding Z.<minl (~'ctin~nce Updo~e Applicability. The provisions of this section apply to the minimum property4ine setback requirements for all outdoor swimming pools. C. Construction Locations. 1. Outdoor Swimming Pools in any "RL," "RE," or "RS" District. Swimming pools and their associated decking over six inches above grade shall not be constructed within 20 feet of a front property line; within 15 feet of the street-side property line of a comer Itt; within 5 feet on an interior sideffard property line; within 5 feet of a rear property line. All setbacks shall be measured from the inside face of the pool wall or, if associated decking is over 6 inches above grade, from the outside edge of said decking. Aboveground/on-ground pools shall be located on the rear half of the lot and not closer than 5 feet to any side or rear property line. Any associated decking/ladders over 6 inches above grade shall not be located within 5 feet of a property line. All swimming pools shall be set back a minimum of 5 feet from any residential or accessory-type structure on the property. Furthermore, no portion of an in-ground pool shall encroach into the area created by an imaginary line traversing at a 45-degree angle away from the bottom of the foundation of any residential or accessory structure unless a supporting engineered wall is constructed in conjunction with the pool. Filtering systems and heating equipment for all pools shall not be located closer than 30 feet to any dwelling other than the owner's or they shall be enclosed or housed to attenuate noise levels on abutting properties to within the standards of city's General Plan. In cases where an adjacent residential lot is vacant, the equipment shall not be located closer than 20 feet from the minimum building setback on that lot. et Swimming pools, pool decking, and mechanical or utility appurtenances for the pool cannot encroach into any open-space easement. Such structures may encroach into a public-utility easement upon first obtaining approval from the City Engineer. If approval is granted, an encroachment permit is required to be issued in conjunction with the swimming pool permit. 2. Outdoor Swimming Pools in any "RM," "GC," or "HC" District. Pools intended for multiple.family or business uses shall not be located closer than 15 feet to any public right-of-way. IV.20 Redding Zoning Ordinance Update Indoor Swimming Pools in All Zoning Districts. a. Indoor swimming pools shall be considered as part of the structure and shall meet all applicable setback requirements appurtenant to the structure in which the pool is enclosed. bo Filtering systems and heating equipment for all pools, when located outside the building, shall meet the requirements set forth in subsection (C)(1)(d) of this section. 18.40.170 Underground Utilities All electrical, telephone, cable television, and similar distribution lines providing direct service to a development site shall be installed underground within the site. The Director may waive this requirement upon a determination that the installation is infeasible. 18.40.180 Walls and Fences A. Residential Districts Height. Fences or walls in required front or comer side setbacks shall not exceed 3 feet. All other fences shall not exceed 6 feet in height. However, legal, nonconforming fences may be repaired or replaced. Fence or wall heights between sloped or terraced lots are measured from the grade of the "uphill" side of the fence as shown. o Design. In all "R/vi" Districts, fencing shall be treated as an integral part of the architecture, with materials, colors, and detailing drawn from the building they surround or adjoin. Fences or walls adjacent to freeways, highways, or arterial or Grade of downhill lot I[~ 6' Maximum Height if Grade of uphill lot LO'[ Fence Heights on Comer Lots IV.21 Redding Zoning Ordinance Update collector streets shall be constructed of decorative masonry, concrete-block, concrete-panel, or similar materials. B. Nonresidential Districts Height. Fences or walls shall not exceed 6 feet in height unless a site development permit is obtained from the Director for a greater height up to a maximum of 12 feet. Heights exceeding 6 feet may be allowed where deemed necessary for screening or security purposes or due to the topography of the site. Design and Materials. Fencing visible from a street shall be treated as an integral part of the architecture, with materials, colors, and detailing drawn from the building they surround or adjoin. Barbed wire shall not be erected and maintained within 25 feet of any public right-of-way, The use of razor wire or similar materials must be set back a minimum of 50 feet from a right-of-way. Barbed, razor, and similar wires may extend 18 inches above the height limits established by this section. The Director may approve modifications to the above provisions through issuance of a site development permit. 18.40.190 Wellhead Protection ho Purpose and Intent. The purpose of this section is to: 1. Reduce the risk of contamination of groundwater by managing the development, land use, and commercial/industrial activities within identified groundwater protection zones. 2. Preserve the quality of Redding's environment. 3. Promote the economic health of the City through balancing protection of groundwater with promotion of business and community interests. 4. Protect the public health, safety, and general welfare. Bo Applicability. This chapter applies to projects identified as possible contaminating activities located in identified source-water protection zones. These protection zones are depicted on the City of Redding Well Water Assessment map. Both existing and planned well sites are regulated, including existing and planned wells of the City of Redding, Bella Vista Water District, and any other municipal water provider within the City of Redding. Wellhead Protection Zone Established. The City shall review proposed projects identified as possible contaminating activities to municipal well water that are located within the protection zone depicted on the City of Redding Well Water Assessment Map. Wellhead protection zones are based on the rate of movement of groundwater in the vicinity of welts with an allowance for dispersion of a pollutant entering into and moving with the groundwater. This is known as "time of travel" (TOT). For purposes of this code, the applicable protection zone is the 10-year time of travel zone (TOT 10) as depicted on the Well Water Assessment Map. IV.22 Redding Zoning Ordinance Update Site Development Permit Required. A site development permit is required for any of the following or similar possible contaminating activities that are proposed within TOT 10. All agencies having regulating authority over the substances utilized by the activity shall be notified of the permit application and invited to submit recommendations on the developments or uses that address groundwater protection and ongoing monitoring requirements. COMMERCIAL Service Stations Auto repair and service Laundries and dry cleaning plants Repair services INDUSTRIAL Batch plants Fuel and ice dealers Primary metal products Metal plating, polishing, etching, engraving, anodizing, or similar processes Production and/or bulk storage of pesticides, herbicides, solvents, and similar chemicals Recycling and scrap facilities Wholesale/Storage Storage yards Vehicle and freight terminals PUBLIC Airfields, landing strips, and heliports Collection stations Power-generating facilities Public utility centers Other uses which, in the opinion of the Director, have the potential to impact groundwater resources by virtue of materials or processes applicable to the development or use. Prohibition of Underground Storage Tanks. For purposes of this chapter, all underground storage tanks for substances other than water, private septic systems, and similar materials are prohibited within the 10-year time of travel zone (TOT 10). Aboveground tanks are permissible, provided that they are screened from public view by a solid wall. The locations and screening of aboveground tanks shall be established by the site development permit. Nonconforming Uses. An existing use made nonconforming by application of these wellhead- protection requirements shall be treated as nonconforming only with respect to underground storage tanks. IV~23 Chapter 18.41: Off-Street Parking and Loading Sections: 18.41.010 18.41.020 18.41.030 18.41.040 18.41.050 18.41.06O 18.41.070 18.41.080 18.41.090 18.41.100 18.41.110 18.41.120 18.41.130 18.41.140 18.41.150 18.41.160 18.41.170 18.41.180 18.41.190 18.41.200 18.41.210 18.41.220 Purpose Applicability General Provisions Off-Street Parking and Spaces Required Drive-Up Facilities General Standards for Off-Street Parking Dimensions for Covered and Open Parking Spaces Surfacing Lighting Screening and Landscape Pedestrian Access Drainage Shopping Cart Bays Curb Cuts Parking Space Setback From Arterial Driveway Entrances Paving of Alleys Access Requirements for the Disabled Driveway Grades/Widths Setback from Streets and Alleys Additional Standards Off-Street Loading Spaces Required Standards for Off-Street Loading Spaces 18.41.010 Purpose The specific purposes of the off-street parking and loading regulations are to: A. Ensure that parking uses are provided for new land uses and major alterations to existing uses to meet the parking needs created by such uses. Establish standards and regulations for the developer, owner, or operator of any specific use occurring outdoors or within an existing, newly constructed, or relocated building to provide well-designed, off-street parking areas. Ensure that off-street parking and loading areas are designed and located to protect the public safety; minimize congestion and conflict points on travel aisles and public streets; and where appropriate, buffer surrounding land uses from their impact. IV.24 Redding Zoning Ordinance Update 18.41.020 Applicability Generally. Parking shall be provided for each new development or building, enlargements to existing developments or buildings, or changes in use consistent with the provisions; of this chapter. All parking facilities, required or not, shall meet all the standards of this chapter. Additions/Enlargements/Intensification of Use. New parking shall be provided for additions/enlargements to an existing development or building in accordance with the following requirements. The requirements of this chapter shall apply whether the addition/enlargement or intensification occur individually or cumulatively over time. If a building addition/enlargement or intensification of use necessitates an increase in the amount of physical parking spaces already existing on the site of less than 15 percent in order to achieve the total number of parking spaces required by Section 18.41.040, then only those additional spaces must meet the dimensional, landscape, and all other requirements of the chapter. If a building addition/enlargement or intensification of use necessitates an increase in the amount of physical parking spaces already existing on the site by an amount greater than 15 percent, those additional spaces must meet the dimensional, landscape, and all other requirements of this 6hapter and the existing parking area shall be modified, if necessary, to provide at least 60 square feet of landscape for each existing parking space. The existing parking-stall and aisle configurations need not be modified to meet the requirements of this section. Where determined feasible by the Director, at least 50 percent of the increased landscape shall be installed within 60 feet of the adjacent public street right-of-way. To facilitate this landscape, the Director may authotize up to a 10 percent reduction in the total number of spaces required for the development provided that the reduction does not exceed the minimum necessary to install the additional landscape. The Director also may authorize a schedule for completion of the work, not to exceed a maximum time of 3 years. Changes in Use. If the.. cost of remodeling a building with a floor area greater than 25,000 square feet to facilitate a change in use exceeds 50 percent of the preimprovement value of said building, based on data provided by the Shasta County Assessor, the existing parking area shall be modified, if necessary, to provide at least 60 square feet of landscape :for each existing parking space. To facilitate this landscape, the Director may authorize up to a 10 percent reduction in the total number of spaces and/or space dimensions. This requirement applies regardless of whether the change in use results in an increased parking requirement as determined by this chapter. The Director may authorize a schedule for completion of the work, not to exceed a maximum time of 3 years. 18.41.030 General Provisions No Reduction in Off-Street Parking Spaces. Off-street parking spaces existing as of the date of adoption of this code and actually being used for parking in connection with the use of an IV.25 Redding Zoning Ordinance Update Co Do Fo 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 under the requirements of this code. No property owner shall sublease, subrent, or otherwise encumber the off-street parking spaces required by this section. Fractional Spaces. If the number of off-street parking spaces required by this chapter contains a fraction, such number shall be changed to the nearest whole number. For example, if computed requirements equal 9.5 spaces, 10 spaces shall be required. If9.4 spaces are required, 9.0 spaces shall be required. Computation of Required Parking Per Residential Use. Residential parking for multiple- family and condominium developments is based on the number of bedrooms. Any rooms having the potential of being a bedroom and meeting the standard of the Uniform Building Code as a bedroom shall be counted as a bedroom for purposes determining off-street parking requirements. Uses Not Mentioned. 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 requirements are specified shall apply. Mixed Uses. When 2 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. Off. Street Parking Assessment District. Areas within an established off-street parking assessment district may be exempted by resolution of the City Council from the off-street parking requirements of this chapter or allowed a modification of those requirements. Such exemption or modifications may be allowed if a finding is made that the off-street parking facilities provided in conjunction with the assessment district will serve the off-street parking needs of the area as well or better. Joint Parking. Where parties wish to cooperatively establish and operate parking facilities where one use generates parking demands primarily during hours when the remaining use(s) is not in operation or where adjacent uses generate joint/redundant trips, a reduction of up to 50 percent of the required parking may be approved by site development permit by the Board of Administrative Review (Board). Such approvals shall require: The submission of satisfactory statements by the parties providing 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. Such documents or commitments as may be deemed necessary in each particular case to ensure provision and maintenance of the required off-street parking spaces. W.26 Redding 7.~ning Orddna~ce Ul~ae Ko Reductions for Unique Parking Demand. Recognizing that some nonresidential uses are unique in their off-street parking demands, upon an appropriate application and an adequate showing, the Director, by zoning exception, may reduce the off. street parking requirement up to 10 percent of that required. To ensure that additional parking space areas will be available for development if the use were subsequently intensified, parking spaces waived 'by such procedures shall remain either in landscaped area or in unimproved open space as determined by the Development Services Director. Bus Stop/Transportation Facility Credit. With approval of a site development permit, required parking for commercial and multiple-family residential uses with 4 or more units may be reduced by up to 5 percent where a bus stop is located within 400 feet of the use or up to 10 percent where a bus transfer facility is located within 400 feet of the use. Such a reduction may be allowed provided a written finding is made which indicates that the land use is conducive to the use of public transportation. A bus transfer facility has a minimum of 4 bus routes converging in a central location, with the facility having passenger ameniries, which include benches, trash receptacles, information kiosk, and covered waiting areas. Off. Site, Off. Street Parking. Where the site for the proposed nonresidential, use or development cannot satisfactorily provide all the required off-street parking space.,; for the proposed use or developme, nt, upon appropriate application for a site development permit and an adequate showing, the Director may 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 400 feet of the proposed use or improvement. Off-site, off-street parking shall be improved to the standards of this chapter. No more than 30 percent of the spaces may be provided for off site. Unless a separated pedestrian access is provided, no off-site parking is allowed which would require a pedestrian to cross through an existing or planned 4-lane arterial street. The Director shall require documents, agreements, commitments, and such other evidence as deemed necessary in each particular case before any such finding is made. Temporary Alternative Use of Off. Street Parking. The temporary use of off-street parking spaces for nonparking is allowed provided that: The nonparking use shall not extend longer than 3 consecutive calendar days at: any one time. The nonparking use or uses shall not consist of more than 12 days in any one calendar year. The use does not utilize more than 20 percent of the off-street parking spaces required under this code. 4. The use does not create a traffic hazard. Exception for Downtown District. The off-street parking requirements listed in. Section 18.41.040 shall not apply in the Central Business District as defined by the Downtown Specific IV.27 ReJ~ing Zoning Ordnance UpJ~e Plan. If a property owner chooses to install parking, the other requirements of this chapter shall apply. However, no more than 50 percent of the parking spaces that would otherwise be required may be installed without first obtaining a site development permit. Parking Space and Aisle Dimension Reductions. Because of circumstances unique to a property, such as size, shape, topography, location of easements, or desirable trees, the Director may authorize by zoning exception up to a 10 percent reduction in space or aisle-width dimensions or number of on-site parking spaces required for commercial and multipleffamily residential uses with 4 or more units. Such exception may be allowed only when it is proven that the reduction will not :resultin a traffic hazard or impact the necessary parking for the use. Off-Street Parking for Senior Citizen and Disabled Persons Projects. Off. street parking serving disabled persons' developments or developments serving low- and moderate..income senior citizens may be reduced to 0.5 parking space per dwelling unit where a site development permit or use permit is issued specifically for a senior citizen or disabled person projec, t. Recreational Vehicle (RV) Parking for Affordable Housing Projects. The requirements for providing RV parking for multiple-family units may be waived by zoning exception provided the development is an affordable-housing project as defined by the State Health and Safety Code and provided the area for RV parking is set aside in landscape to be converted to RV parking in the event the use converts to standard multiple-family use. Po 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 fro:m those applicable to such propert3,, 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. 18.41.040 Off-Street Parking Spaces Required All covered and uncovered off-street parking spaces required by Schedule 18.41.040-A shall be improved and maintained in accordance with the requirements of this chapter. Unless otherwise approved pursuant to Sections 18.41.030(G) or (J), the required parking 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 or parking in a driveway shall not be used to satisfy the off- street parking requirement except for planned developments and condominiums or as exempted by the provisions of a specific plan, neighborhood plan, or resolution governing a specific area adopted by the City Council. IV-28 Use Accessory employee housing or guest cottage Animal care facility Automotive parts stores Automotive repair service Automotive sales Bank Bar Boardinghouse Boat sales Bowling alley Bulk retail store Business and trade school Call Centers Card room Schedule 18.41.040-A: Parking Spaces Required OFF.STREET P~RK~NG Space Requirements 1 space per unit. 1 space per 350 square feet of gross floor area. 1 space per 350 square feet of gross floor area. 1 space per 350 square feet of gross floor area. 1 space per 2,000 square feet of interior and/or exterior sales, display, or storage area up to a total 20 spaces, plus I space. 1 space per 300 square feet of gross floor area. 1 parking space for each 3 seats, plus 1 space for each 40 square feet of dance floor or assembly area. 1 parking space per each bedroom plus 2 additional parking spaces overall. i space per 2,000 square feet of interior and/or exterior sales, display, or storage area up to a total 20 spaces, plus 1 space. 4 parking spaces per each bowling lane plus ! parking space for each 200 square feet of gross floor area devoted to accessory uses. 1 parking space for each 600 square feet of gross floor area. 1 parking space for every 15 square feet in the classroom seating. 1 space for each employee 1 parking space for each 2 seats in the play area plus 1 space per 3 seats in any bar or dinner area. IV-29 Redding Zoning Ordinance Update Church, social hall, club, lodge, community center, other public assembly Condominium (residential) Convalescent hospital/assisted living facility Day nursery/preschool Dry cleaners (noninstitutional) Duplex (2-family dwelling) Elderly housing Furniture and large appliance store Golf driving range Health club Hospital Industry a. Assembly (the combining of manufactured parts to make a completed product) b. Manufacturing 1 parking space for each 4 seats in the principal seating theatre, area, or 1 parking space for every 40 square feet in the place of principal seating/assembly area, whichever is the greater, plus 1 passenger loading space. Each 24 inches of bench-type seating is to be considered 1 seat. 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 2-bedroom condominiums, 1 required space shall be covered. For 3 or more bedroom condominiums, there shall be 2 covered spaces. 1 parking space for each 3 beds. 1 parking space for each 10 students plus 1 space for each teacher/employee plus 1 passenger loading space. 1 space for each 400 square feet of gross floor area. 1 covered space per unit plus 1 other space per unit. .5 space per 1-bedroom unit; .66 space per 2.bedroom unit 1 parking space per 750 square feet of gross floor area 1 parking space for each driving tee. 1 parking space for each 125 square feet of gross floor area for the first 5,000 square feet of building area. 1 space for each 300 square feet of gross floor area shall be provided for that building area which exceeds 5,000 square feet. 1 parking space shall be provided for each 350 square feet of enclosed swimming pool and deck area. 1.5 parking spaces per bed and 1 space for every 225 square feet of gross floor area dedicated to outpatient or office use. 1 parking space per 750 square feet of gross floor area. 1 parking space per 1,000 square feet of gross floor area. IV.30 Re~mg 7_~ning Ordinance Upda~ c. Warehouse/distribution Laundry (coin operated) Medical office, clinic, or physical therapy services Ministorage (self-storage)/ long-term, public storage Mobile home park Mortuary Motel/hotel Multiple-family dwelling and dwelling groups Personal services Planned (residential) development Pool and billiard room 1 parking space for each 1,250 square feet of gross floor area for buildings between -0- and 20,000 square feet in area; 1 parking space for each 2,000 square feet of gross floor area for the building area between 20,000 and 40,000 square feet, and 1 parking space for each 4,000 square feet of gross floor area for the building area over 40,000 square feet. 1 parking space for each 250 square feet of gross floor area. 1 parking space for each 225 square feet of gross floor area. Special requirements for provision of accessible parking may apply--see Section 18.41.170 (A) (1) (d). 1 space per 10,000 square feet plus 2 spaces for manager's unit. 2 parking spaces per unit, 1 of which shall be covered, plus 1 guest space for each 5 units plus 1 recreational-vehicle space for each 5 units. 1 parking space for every 4 seats in the principal seating area plus 3 parking spaces overall, or 1 parking space for each 45 square feet in the principal seating area, whichever is the greater. 1 parking space for each motel unit plus 2 spaces. 5 percent of the required spaces shall be pull-through RV spaces (48 feet by 10 feet, unless an alternative design can be proven to be as effective). 1.5 parking spaces per one-bedroom unit, 1.7!5 parking spaces per 2-bedroom unit, 2 parking spaces per each 3-bedroom unit, plus 1 guest space for each 5 units that are provided beyond the initial 30 units, plus recreational-vehicle spaces equal to 5 percent of the required number of parking spaces. Recreational vehicle spaces shall be a minimum of 10 feet wide by 25 feet in length. Required parking in developments serving low- and moderate-income seniors may be reduced by 50 percent. 1 parking space for each 250 square feet of gross floor area. 2 covered spaces per unit, plus 1 guest space for each 5 units, plus 1 recreational-vehicle space for each 5 units 1.5 parking spaces for each table. /V-31 Reddini Zoning Ordinance Update ao Bo Professional office 1 parking space for each 350 square feet of gross floor area. Real estate office 1 parking space for each 250 square feet of gross floor area Research and development 1 space for each 250 square feet of gross floor area. Restaurant a. Sit-down 1 parking space for each 3 seats. Up to 30 percent of the number of seats provided indoors may be provided outdoors without additional required parking. b. Drive-through, fast-food, or self-service restaurant 1 parking space for each 75 square feet of gross floor area. Required reservoir spaces shall count towards required parking. c. Coffee kiosk 1 parking space per window, plus 1 space. Retail a. Enclosed 1 parking space for each 250 square feet of gross leaseable floor area. (Note: Parking space ratios for regional shopping malls shall be established by use permit by the 'Planning Commission.) b. Outdoor 1 space for each 750 square feet of sales or display area. c. Open lot nursery 1 space for each 1,250 square feet of outdoor display area. Single-family dwelling 2 covered spaces. Bicycle Space. All retail and office commercial developments shall provide 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 25 auto spaces. Whenever possible, weatherproofing or facility covering should be used. Where there are multiple businesses and/or entrances, bicycle parking shall be divided proportionally between these locations based generally on parking demand. Visitor Parking. On-street parking may be counted toward the visitor-parking requirement for planned developments or condominiums provided that the street has an 8-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 22-foot-long space and a public sidewalk adjacent to the street. IV-32 Redding Zoning Ordinance Update Company Vehicles. Commercial or industrial uses are to provide one parking space t'br each company vehicle which is parked on the site during normal business hours. Such space may be located within a building. 18.41.050 Drive-Up Facilities Drive-up facilities shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas. Drive.through aisles shall be a minimum of 11 feet in width with minimmn interior and exterior turning radii of 15 and 30 feet, respectively. Drive-through aisles located adjacent to a street shall be screened by a solid masonry/block wall or landscape berm a minimum of 42 inches in height. In addition to the required off-street parking, drive-up facilities shall provide 18-foot-long ,,;tacking or vehicle reservoir spaces behind the vehicle being serviced in accordance with Schedule 18.41.050-A. See Section 18.43.080 for additional requirements for drive-up facilities. Schedule 18.41.050-A: Drive. Up Facilities 4 reservoir spaces per pull-through rack. 1 reservoir space per self-service manual Car Wash wash bay. Coffee Kiosk with Drive- 4 reservoir spaces per window. Through 4 reservoir spaces for 1 teller drive-up. 3 reservoir spaces each for facilities wi.th 2 or Drive-Through Bank more teller drive-ups. Drive-Through Pharmacy 2 reservoir spaces per window. Drive-Through 7 reservoir spaces per window. Restaurant 2 reservoir spaces per window, unless service is also available indoors, in which case Photo Drop only 1 reservoir space is required. Service Station 1 reservoir space shall be located on each end of the pump aisle. Note: A reservoir space is the area a vehicle occupies while waiting to be served at the service window, service island, or bay and is 18 feet in depth by a minimum of 11 feet in width. A reservoir space does not include the space of the vehicle being served. 18.41.060 General Standards for Off-Street Parking Spaces mo Location and Design. 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. 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. W-33 Redding Zoning, Ordinance Update Bo Co 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 subiect parking area. 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 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 office, commercial, or industrial use located within 50 feet of a residential district shall be set back commensurate with the front setback or corner side setback of the adjoining residential dis~ct. Ingress and Egress, Maneuvering Area, Protection of Other Property. Each off-street parking space shall be provided with: A driveway not less tMn the widths specified in Section 18.41.180 which shall provide ingress thereto from a public street or public way and egress therefrom to a public street or public way. o A maneuvering area, such as an aisle or driveway of appropriate dimension ox' 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. Where 5 or more parking spaces are required by the provisions of this chapter and such spaces will be used by the general public or business invitees of the owner or lessee of the premises, the following requirements shall also be applied: Parking stalls shall be delineated by painted, white 4-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. bo The off-street parking areas shall provide suitable maneuvering 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. Co Parking spaces that abut another parcel shall be provided with bumper guards, curb- line landscape, or wheel stops not less than 4 inches in height in such a manner as to prevent encroachment of vehicles over property lines or damage to walls or fences. IV-34 Redding Zoning Ordinance Update Do Small Car Parking Spaces. For parking facilities with greater than 20 spaces, up to 10 :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 small car spaces. 18.41.070 Dimensions for Covered and Open Parking Spaces Ao Covered Spaces. Each required, covered, off-street parking space shall include a minimum of 10 feet in width and 20 feet in depth of unobstructed area provided for parking purposes. 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 6-inch rise may be provided as a front-wheel stop for a car entering a stall in a forward direction. A covered, off-street parking space shall have an unobstructed back-up area of not less than 25 feet in length. Where there is landscape or a nonpublic sidewalk with a minimum width of 6 feet located contiguously to the rear of the back-up area, the required back-up area may be reduced by 2 feet. Parking provided in parking structures with more than one floor or with underground parking shall have a minimum parking space width of 8 feet and 6 inches, a minimum depth of 18 feet, and a back-up aisle with a minimum depth of 24 feet. B0 Open Parking Spaces. The minimum width of 2-way aisles shall be 20 feet unless: (1) the aisle serves as principal driveway access to a parking lot which serves 50 or more spaces and/or (2) the driveway provides direct access to a public street. In those instances, the aisle shall be not less than 25 feet in width. Off-street parking spaces parallel with a travel aisle (0 degrees) shall be a minimum of 22 feet in length for large cars and 20 feet in length for small cars. Co Large and Small. The minimum dimensions of open parking spaces and travel aisles are as set forth in the Schedule 18.41.070-A. 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 drawings: Angle of the off-street parking space relative to the aisle. Minimum distance to the aisle from the interior edge of the parking space as measured at right angles from the aisle. Minimum width of an aisle. Minimum width of the off-street parking space. Minimum length of an off-street parking space. IV-35 90° Parking (9') 45° Parking COMPACT VEHICLE PARKING 9'-6' J____ 10'-5' t 90 ° Parking (9'-6") · 31'-7' ' I .//~. 14' 16'-7" 60° Parking 30°Parking Parallel Parking inimum outside turning radius (45 feet for fire lane) //15" Minimum inside turning radius (29.5 feet for fire lanes) Minimum Turning Radius NOTE 1 - Minimum compact parking-space width is 9 feet, except where alongside a structure, pole, post, wall, or fence, in which case the minimum width is 10 feet. The minimum parking-space length is 14 feet. NOTE 2 - Locations of required parking spaces, garage space, garages, and carports are also governed by Official Plan Lines and other regulations of this chapter. NOTE 3 - Access to fire lanes and the lanes themselves shall have a minimum inside turning radius of 29.5 feet and an outside turning radius of 45 feet. *Aisle widths may be interpolated where parking spaces are designed with a width between those specified above (e.g., a space of 9 feet 9 inches would allow an aisle width of 23 feet 6 inches). IV-36 STANDARD VEHICLE PARKING 60° Parking 90° Parking 90° Parking 90° Parking (9'-6") (10') 32'-5' I 45° Parking ,~30' Minimum outside turning radius / 1~1 Minimum inside turning radius Minimum Turning Radius Parallel Parking (45 feet for fire lane) (29.5 feet for fire lanes) NOTE 1 - Minimum compact parking-space width is 9 feet, except where alongside a structure, pole, post, wall, or fence, in which case the minimum width is 10 feet. The minimum parking- space length is 14 feet. NOTE 2 - Locations of required parking spaces, garage space, garages, and carports are also governed by Official Plan Lines and other regulations of this chapter. NOTE 3 - Access to fire lanes and the lanes themselves shall have a minimum inside turning radius of 29.5 feet and an outside turning radius of 45 feet. *Aisle widths may be interpolated where parking spaces are designed with a width between those specified above (e.g., a space of 9 feet 9 inches would allow an aisle width of 23 feet 6 inches). ~nv'.37 Re&ling Zoning Ordinance Update Schedule 18.41.070-A: Parking Space and Aisle Dimensions .!:~ ?3 ~?' ,' ~A?:'' ::~:! i?,~:~:)" ~:;~:~ ~ .~'!? ;~ ~i:;~!B'~I ~ ~'::'~'.)? ~rge Car Spaces 0 degrees 10 feet 12 feet 10 feet 22 feet 30 de~ees 17 feet 3 inches 12 feet 9 feet 6 inches 18 feet 45 degrees 19 feet 5 inches 13 feet 9 ~eet 6 inches 18 feet 60 degrees 20 feet 4 inches 17 feet 9 feet 6 inches 18 feet 90 de~ees 18 feet 23 feet 10 feet 18 feet 90 de~ees 18 feet 24 feet 9 feet 6 inches 18 feet 90 de~ees 18 feet 28 feet 9 feet 18 feet Small Car Spaces 0 degrees 9 feet 6 inches 12 feet 9 feet 20.0 feet 30 de~ees 14 feet 10 inches 12 feet 9 feet 14.0 feet 45 degrees 16 feet 3 inches 13 feet 9 feet 14.0 feet 60 degrees 16 feet 7 inches 15 feet 9 feet 14.0 feet 90 degrees 14 feet 23 feet 9 feet 6 inches 14.0 feet 90 de~ees 14 feet 24 feet 9 feet 14.0 feet Notes: 1. Minimum small parking space width is 9 feet, except where alongside a structure, pole post, wall, or fence, in which case the minimum width is 10 feet. The minimum parking space length is 14 feet. 2. Locations of required parking spaces, garage spaces, garages and carports, are also governed by Official Plan Lines, and other regulations of this chapter. 3. Aisle widths may be interpolated where parking spaces are designed with a width between those specified above (e.g., a space width of 9 feet 9 inches would allow an aisle width of 23 feet 6 inches). 4. For additional details in parking space and landscape configurations, see separate handout available through the Planning Division. Where there is landscape or a nonpublic sidewalk with a minimum width of 6 feet at the front end of a parking space, the required length of the parking space may be reduced by 2 feet. However, where there is landscape or a nonpublic sidewalk with parking on both sides, the landscape: area or sidewalk is to be a minimum of 8 feet in width in order to allow a 2-foot reduction in parking space length on both sides. Where there is landscape or a nonpublic sidewalk with a minimum width of 6 feet located at the rear of a back-up area serving 90-degree parking, the back-up aisle may be reduced 2 feet in width. 18.41.080 Surfacing Off-street parking spaces, access points, aisles, driveways, and travel ways shall be paved with asphalt concrete or Portland cement .concrete. Afl paved areas shall be properly and continuously maintained in safe condition while serving the use of the property. Maintenance shall inclucle crack sealing, chip or slurry sealing, patching, or asphalt overlay as needed to prevent cracking, holes, or IV-38 Redding Zoning Ordinance Update surface deterioration. Upon approval of the Director or his/her designee, retail and indusn:ial uses may pave 10 percent of the required parking spaces in turf block or equivalent permeable paving materials. All areas within the parking area that are not required to be surfaced shall be landscaped. Parking and access ways may be developed with gravel only in conjunction with the following uses by site development permit: Outside Storage or Display for Commercial or Industrial Purposes. A 50-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. Storage areas shall at a minimum, be surfaced with a gravel or 4-inch-thick road base with dust palliative to reduce particulate matter. Unless otherwise specified by the Fire Marshal, travel aisles shall be minimally surfaced with a 4.inch-thick road base with dust palliative to support emergency- service vehicles and reduce particulate matter. Exceptions to the surfacing requirements for temporary uses may be allowed by the Development Services Director. Residential Driveways. 'Where necessary to provide access to required parking spaces, driveways with a length of 150 feet or less are proposed off an improved public street for single- family houses shall be improved for their entire length with asphalt, concrete, or a chip and seal surface. For residential driveways in excess of 150 feet in length, the Director may waive the requirement for paving by zoning exception provided that: (1) the first 30 feet from the paved street or back of sidewalk shall be paved, (2) the driveway-surfacing requirements of the Fire Marshal shall be met, and (3) the driveway does not lie within 75 feet of an existing or future residence. 18.41.090 Lighting Off-st.reet parking areas for nonresidential uses providing parking spaces for use by the general public shall be provided with a maintained minimum of one footcandle of light on the parking surface from dusk until the termination of business every operating day. Such lighting, which would cause unreasonable annoyance to occupants of the neighboring properties or otherwise interfere with the public health, safety, or welfare, shall be so arranged as to reflect light and glare away from adjoining premises and streets. Ground-mounted light poles serving parking areas shall be located within a planter or incorporated into a walkway or other pedestrian area. A ground-mounted light pole with a concrete pedestal greater than 6 inches above grade, which is not screened by vegetation, shall incorporate pedestal design enhancements (e.g., raised relief, textured, exposed aggregate, or like treatment). 18.41.100 Screening and Landscape Ao Fencing. In order to reduce or eliminate headlight glare and loss of privacy, newly constructed outdoor off-street parking areas that cause vehicle headlights to be cast upon a neighboring IV-39 residential window or a vacant lot in a residential district shall be screened with a masonry wall or a solid wooden fence not less than 4 feet in height. Said screening shall be maintained in good condition at all times, shall be kept free at all times of advertising signs, and shall be set back from any abutting public street a distance equal to the distance which such parking area must be set back from any abutting public street (see Section 18.41.190). No wall shall be required where there exists a wall that complies 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 forthwith from the owner of the parking facility. Where a wood fence is substituted for a solid masonry wall, such fence shall be constructed so that the boards overlap or are otherwise designed such that a person cannot see through them as a result of subsequent shrinkage. The fence shall have fence posts of 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. Street-Side Planter. Notwithstanding, the setback requirements established by this ordinance, where a parking lot abuts a 4-lane-or-more public street or a street designated on the General Plan as a 4-lane-or-more arterial street, it shall be separated therefrom by a planter not less than 15 feet in width. Planter-width requirements are as measured from the property line. iPlanter- width minimums can be met using variable widths and may encroach into setback areas provided that the average width meets the minimum-width requirements as determined by the Development Services Director. 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. Public sidewalks may be located within the: on-site landscape areas. Wherever the Zoning Code or more restrictive requirement of the City requires a greater-width planter than the above minimum, the greater requirement shall, prevail. For screening purposes, 75 percent of the landscape planter between the parking facility and the street shall include shrubs that will attain a minimum height of 3 feet above parking lot grade within 18 months of installation. City-approved street trees shall be planted within the street-side planter on 30-foot centers or in groupings approved by the Development Services Director. As an alternative to plants alone, the following other techniques may be used: 1. Grass-covered berm a minimum of 3 feet in height with a slope not steeper than 3:1. IV-40 Redding Zoning Ordinance Update Do o A 3-foot-high, open decorative fence in combination with climbing and nonclimbing plants. A 3-foot-high, minimum 4-inch-thick, decorative solid masonry or concrete fence at the back of the planter with a ground cover and/or other plants between the wall and the street. Vegetation or screening of any type shall not exceed 2 feet in height within areas where adequate vehicle sight distance would otherwise be obstructed. Where such screening is adjacent to a street corner or driveway intersection, screening shall not exceed 2 feet in height in the triangle formed by the comer and points at the curb 30 feet from the intersection or similar comer points within 20 feet of a driveway intersection. Shade Trees. Shade trees shall be planted in the parking lot at a ratio of STREET 20' DRIVEWAY a0 VISION TRIANGLES (CLEAR AREA OVER 2 FEET IN HEIGHT) one tree for every 4 spaces. Trees shall be dispersed on a generally equal basis throughout the parking lot to maximize the shading effect on the parking stalls. The landscape planter providing for any required tree shall have a minimum area of 72 square feet and a minimum width of 5 feet. To qualifi! as parking lot shade trees, the trees must be within 7.5 ~:eet of a parking space or driveway aisle and must not be located within the public right-of-way. A parking space shall not be more than 50 feet from a shade tree. The planting plans shall be submitted with the building-permit application and shall illustrate how the trees are to be irrigated and protected. The minimum size of each tree to be planted shall be a 15-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. Parking Lot Interior Landscape. The interior of all parking lots is to be landscaped at a ratio of 60 square feet of landscape for each required parking space. For each additional space provided that exceeds the minimum parking requirement by more than 5 spaces, or 10 percent, whichever is greater, 80 square feet of landscape shall be provided for each excess space. The total required interior landscape area shall be evenly distributed throughout the parking areas. This requirement does not apply to parking lots that are underground or within buildings. Landscape areas that may be applied towards the required parking lot interior landscape area must have a minimum dimension of 4 feet, be surrounded by or within 7.5 feet of a parking space or the aisle or pedestrian walkway serving it, or be within the required streetside IV-41 Redding Zoning Ordinance Update landscape area adjacent to a parking space or aisle serving it. Landscape within a public right- of-way or in excess of the required streetside landscape addressed in Subsection B does not count toward meeting the minimum requirement. No more than 12 parking spaces may be constructed in a row without separating the spaces with a landscape planter. Rows of parking spaces shall be separated from adjoining driveways with landscape end islands or peninsulas that are a minimum width of 8 feet. When calculating landscape area or width minimums, tlhe area of the protective curbing shall not be included. Pavement Edge and Planter Protection. Landscaped areas and pavement edge.,; in all multiple-family, commercial, and industrial zones shall be protected from damage and deterioration by the placement of 6-inch-high, securely anchored, continuous concrete curbs or equivalent materials which have a minimum width of 6 inches. Building Separators. Parking spaces directly abutting a building are prohibited. Parking areas shall be separated from building by a raised walkway with landscape or landscape at least 4 feet in width. 18.41.110 Pedestrian Access Office and retail developments which have parking lots deeper than 95 feet at the main entrance of a building and have more than 100 parking spaces shall include in the site design pedestrian walkways a minimum of 4 feet in width which provide safe travel between parking areas and the building(s) and from the building(s) to adjacent buildings and land uses within the same multiple- building complex. A walkway shall be distinctive in design to set it apart from the parking lot pavement areas. 18.41.120 Drainage Off-street parking facilities shall be designed such that drainage is carried away from structures and does not flow over public sidewalks or within vehicle unloading areas. 18.41.130 Shopping Cart Bays Parking lots that provide collection areas for shopping carts shall incorporate a low-profile design for the cart-return bays (i.e., raised curb channel or metal railings less than one foot in height). 18.41.140 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 50 percent of the lot width along any street and shall be limited to a width of 40 feet each, except for indust.~ial uses IV.42 Redding Zoning Ordinance Update where a width of 50 feet (which includes curb-retum radii and driveway throat-width totals added together) may be permitted for truck entrances. Greater widths may be permitted subject to obtaining a zoning exception. Curb cuts in all zones, except single-family, shall be limited to one cut per street frontage and, in commercial zones, shall not be closer than 20 feet from the existing or projected curb return. In no case shall a curb return have a radius less than 20 feet. By zoning exception, the Development Services Director may allow additional curb cuts where consideration of a specific use or site size or configuration indicates that additional access is required and said request will not unduly restrict the street capacity or reduce traffic safety. In single-family areas, a curb cut shall not be closer than 10 feet from the existing or projected curb return unless a zoning exception is first obtained. As measured from the top of the curb, commercial curb cuts for 2-way driveways serving property shall be a minimum of 35 feet in width at arterial streets and 25 feet in width at nonarterial streets. Fo Primary driveway entrances to a facility that has in excess of 150 parking spaces shall be protected from on-site cross traffic by berms, medians, or planters a minimum distance of 85 feet behind the property line to allow stacking of cars exiting onto a public street and movement of cars off the public street. Whenever a change of use, construction of a new building, or redesign of a parking lot removes the need for an existing driveway or curb cut, it STREET / ~ DRIVEWAY I 85· MIN 1 CROSS DRIVEWAY is the duty of the property owner to fill in the driveway and curb-cut areas to conform to adjacent sidewalk and curb improvements. Whenever curb, gutter, sidewalk, or driveway are to be constructed or removed, an encroachment permit shall be obtained from the Public Works Director pursuant to Section 13.16.010. Driveway curb cuts shall not be located at points where they are likely to cause traffic conflicts. Site plans shall be provided that depict surrounding driveways and street design. /V-43 Redding Zoning Ordinance Update 18.41.150 Parking Space Setback From Arterial Driveway Entrances To prevent vehicle backing movements in parking lots from conflicting with street traffic flow, 90-degree angled, off-street parking spaces adjacent to a 4-lane arterial, which use the entrance driveway as backup area, shall maintain a minimum setback of 20 feet from the street-side property line. Similarly, parking spaces with less than a 90-degree angle, which result in vehicles backing toward the street, shall maintain a 25-foot setback from the street-side property line. Where the street does not have a parking lane, an additional 5-foot setback shall be required. Open areas between the parking spaces and the street shall be landscaped. DRIVEWAY -- P/L 25' 15' t - 18.41.160 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 Public Works Director as if it were part of the required off-street parking area. 18.41.170 Access Requirements for the Disabled 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. Parking Access for the Disabled. Parking spaces for the physically disabled shall be provided in accordance with the following provisions and as mandated by the California State Accessibility Standards (California Building Code, Chapter 11) and the Council of American Building Officials (CABO)/American National Standards Institute (ANSI) A117.1-1992, which is a part of this code. Certain multiple-family developments are exempt from the requirement to provide parking for the physically disabled. For determination of which multiple-family projects may be exempt from these requirements, refer to Chapter 11 of the California Building Code. 1. Spaces Required. For commercial, industrial, and publicly funded residential projects, the number of spaces required to be accessible for persons with physical disabilities shall be proportional to the total number of parking spaces provided for each type of project. IV-44 Redding Zoning Ordinance Update (Schedule 18.41.170-A establishes the minimum number of accessible spaces required.) When less than 5 spaces are provided at buildings and facilities subject to these regulations, one space shall be consistent with the requirements of Section 18.41.170. However, the space need not be reserved exclusively or identified for disabled use only. Schedule 18.41.170.A: Minimum Number of Accessible Spaces for Disabled 1-25 26-50 Note: 1 51-75 76.100 101-150 '151.200 201-300 301-400 401-500 501-1000 2 percent of total I001 and over 20 plus 1 per I00 above 1000 At least 1 accessible space must be "van accessible." One van-accessible space shall be provided for each 8 accessible spaces. Co If assigned parking is provided at privately funded multiple-family building sites, designated accessible parking at the dwelling unit shall be provided on request of residents with physical disabilities on the same terms and with the full range of choices (e.g., surface parking or garage) provided for other residents, with accessible parking on a route accessible to wheelchairs for at least 2 percent of the covered dwelling units. Signage is not required. When visitor parking is provided, a minimum of 5 percent of parking shall provide access to grade-level entrances of multiple-family dwellings and accessible parking at facilities (e.g., swimming pools) that serve accessible buildings. Visitor parking spaces shall be provided with s:ignage. Such sign shall not be blocked from view by a vehicle parked in the space. do Medical Care Outpatient Facilities. At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with this section shall be provided in accordance with Table 3, except as follows: Outpatient Units and Facilities. Ten 'percent of the total number of parking spaces provided serve each such outpatient unit or facility. IV.45 Units and Facilities that Specialize in Treatment or Serv/ces for Persons with Mobility Impairments. Twenty percent of the total number of parking spaces provided serve each such unit or facility. 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, accessible 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 necessary, the route of travel shall be designated and marked as a crosswalk. C. Identification of Spaces. Signage and striping shall conform to the requirements of Chapter 11 of the California Building Code. Parking Space Size. Where single spaces are provided, they shall be 14 feet wide and outlined to provide a 9-foot-wide parking area and a 5-foot-wide loading and unloading area on the passenger side of the vehicle. When more than one space is provided, 2 spaces canbe provided within a 23-foot-wide area lined to provide a 9-foot-wide parking area on each side of a 5-foot- wide loading and unloading aisle in the center. One in every 8 accessible spaces, but not less than 1, shall be "van-accessible," consisting of a 9-foot-wide parking space together with an 8-foot-wide access aisle. The minimum length of each parking space shall be in accordance with Section 18.41.070, not to be less than 18 feet. Arrangement of Accessible 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 that 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 her vehicle, thus providing equivalent access. 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 unit vertical to 50 units horizontal (2 percent) in any direction. 18.41.180 Driveway Grades/Widths Grades. No driveway or portion thereof shall have a slope exceeding 15 percent, except that within a public right-of-way, the grade shall not exceed 8 percent. The slope shall be measured at the centerline of the driveway. Driveways greater than 150 feet in length shall not exceed a grade of 12 percent unless fire-safety measures as may be required for the structure by the Fire Marshal are installed. /V-46 Re&ling Zoning Ordinance Update Schedule 18.41.180-A illustrates the maximum change in elevation between the property line and the front of the garage for typical front-yard setbacks: Schedule 18.41.180-A: Maximum Allowable Change in Driveway Grades 20 3.53 Feet 25 4.28 Feet 30 5.03 Feet 35 5.78 Feet 40 6.53 Feet 45 7.28 Feet 50 8.53 Feet Bo Widths. 1. Driveways, excluding areas used for back-up aisles, shall be provided as follows: ao Where 6 or fewer parking spaces are required for residential parking areas and the dwelling(s) are located within 150 feet of a public street, the minimum driveway width shall be 12 feet except as noted in "C" below. bo Where parking spaces are required for residential parking areas and the dwelling(s) are located at a greater distance than 150 feet from a public street, the minimum driveway width shall be 20 feet (16 feet of paving and 2-foot-wide graveled shoulders) 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 specifications provided by the Fire Marshal. Co 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 10 feet. o All other driveways shall have a minimum width of 12 feet for one-way traffic and 20 feet for 2-way traffic except in those instances where a greater width is required by Section 18.41.180 (B) (1). 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, to accommodate turn lanes, to accommodate the projected traffic volume, or to otherwise provide safe and convenient accessibility to parking spaces. o Driveways providing access to open parking areas taking access from one or both sides shall be a minimum of 24 feet in width, or as otherwise allowed in Section 18.41.070 and Section 18.41.180(B) (1). IV.47 Red~lin~ Zonin~ Ordimmce Update 18.41.190 Setback From Streets and Alleys Where a garage or carport is directly accessible from a public street, it shall have a minimum setback of 20 feet. Where a garage or carport is directly accessible from an alley, it shall have a minimum setback of 5 feet. Notwithstanding any requirements of this code, in cases where the elevation of the lot at a point 20 feet--as measured from the back of curb along the entire frontage of the lot--is 7 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 10 feet of the front property line of the lot provided that a zoning exception shall be obtained in each case and that a third open parking space is provided adjacent to the covered parking. 18.41.200 Additional Standards A. Locations of Residential Parking. All required, covered, off'street parking spaces shall be located conveniently accessible to the dwelling unit served by such parking space. 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. Co Drop. Off Points. When located outside the Downtown District, parking areas for public assembly or institutional facilities listed in this section shall include a designated on-site location for dropping off passengers at an entrance to the facility in advance of parking the vehicle. Drop-off areas are to consist of vehicle turnout lanes located outside normal travel lanes. Drop-off points are to be provided for hotels and motels, schools with 50 or more students, churches with a capacity of 100 or more, public transportation terminals, places of public assembly, and public buildings. D. Slope. The finished grade of a parking lot shall not exceed 5 percent on an angle of the parked car that would allow the car to roll from the parked position. Vertical Clearance. Except for residential uses, covered parking is to have a vertical clearance of at least 7 feet 6 inches above the finished parking lot surface. Where a building or sign extends over a parking area, the minimum clearance shall be 10 feet for auto and 15 feet for trucks. Fo 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 landscape shall conform to Section 18.41.100 of this chapter. Additionally, irrigated City-approved street /V-48 Redding Zoning Ordinance Update trees shall be planted on 30-foot centers in the required perimeter landscape. Architectural and landscape plans shall be subject to the approval of the Director. 18.41.210 Off-Street Loading Spaces Required A building, or part thereof, having a floor area of 10,000 square feet or more that is to be occupied by a manufacturing plant, storage facility, warehouse facility, goods-display facility, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use or uses similarly requiting the receipt or distribution by vehicles or trucks of material or merchandise shall provide at least one off-street loading space, plus one additional such loading space for each 40,000 square feet of floor area. Such off-street loading space shall be maintained during the existence of the building or use it is required to serve. Truck.maneuvering areas shall not encroach into required parking areas, travelways, or street rights-of-way. 18.41.220 Standards for Off-Street Loading Spaces Minimum Size. Each off-street loading space required by this chapter shall be not less than 12 feet wide, thirty 30 feet long, and 15 feet high, exclusive of driveways for ingress and egress and maneuvering areas. 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. Location of Loading Areas. An off-street loading space required by this chapter shall not be closer than 50 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 8 feet in height. Other than in industrial zones, a loading door or loading dock that is visible from a public street shall be screened with an 8-foot-high, solid masonry wall or its equivalent unless a Zoning Exception is granted in accordance with Chapter 18.15, Zoning Exceptions. For applications requiring a site development permit or use permit, these requirements may be modified by the approving authority based on the circumstances peculiar to the site. IV-49 Chapter 18.42: Signs Sections: 18.42.010 18.42.020 18.42.030 18.42.040 18.42.050 18.42.060 18.42.070 18.42.080 18.42.090 18.42.100 18.42.110 18.42.120 Purpose Applicability and Permitting Process General Standards Standards for Certain Types of Signs Comprehensive Sign Plan General Sign Construction Standards Exempted Signs Prohibited Signs Nonconforming Signs Illegal On. Premise Signs Removal of Illegal Signs Penalties 18.42.010 Purpose The general and specific purposes of the sign regulations are: A. To encourage the effective use of signs as a means of communication in the City. B. To maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth. C. To improve pedestrian and traffic safety. D. To minimize the possible adverse effect of signs on nearby public and private property. E. To enable the fair and consistent enforcement of these sign restrictions. Fo 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 procedures of this ordinance. Go 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 ordinance, but without a requirement for permits. H. To prohibit all signs not expressly allowed by this ordinance. I. To provide for the enforcement of the provisions of this ordinance. W-50 Redding Zoning Ordinance Update J. To regulate the size, type, and location of signs. K. To require a permit to ensure the proper application of the Sign Ordinance. L. To establish reasonable fees to offset costs associated with each sign application review, sign enforcement, and sign regulation. M. To require a site plan and elevation(s) that illustrate and explain the requested signage and its proposed location. N. To address aesthetic concerns and encourage advertising signs to complement architectural features. O. To avoid sign clutter. P. To encourage sound signing practices as an aid to business. Q. To protect the public health, safety, and welfare by prohibiting certain signs that may contribute to blight because the overt sexual nature of the signs has a deleterious effect on surrounding properties. 18.42.020 Applicability and Permitting Process A sign may be erected, placed, established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance. 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. B. Administrative Sign Permits. This section establishes the procedures for the application and approval of administrative sign permits as required for certain signs described in Schedule 18.42.030-B. 1. Authority of Director. The Director shall review and approve or disapprove applications for administrative sign permits. The Director may refer approval of applications to the Board of Administrative Review. 2. Application. An application for an administrative sign permit, accompanied by the required fee, shall be filed with the Director in prescribed form and shall be accompanied by a site plan, sign elevations, sign copy, lighting plan (if appropriate), and any other information deemed necessary by the Director to evaluate the request. IV-51 Redding goning Ordinance Update Required Findings. The Director shall approve the application as it was applied for or in modified form if, on the basis of the application and review of site and surrounding circumstances, the Director finds: ao The proposed sign will not be injurious or detrimental to the property or improvements in the neighborhood. The proposed sign will not be injurious or detrimental to the general welfare of the city. That the proposed sign will not be inconsistent with the goals and policies established by the General Plan. Conditions. In granting the administrative sign permit, the Director may impose such conditions or may modify the original request as deemed necessary to implement the General Plan; achieve consistency with this section; ensure compatibility with surrounding properties and properties with similar uses; reduce or eliminate signage that does not conform with this chapter; and preserve the public health, safety, and welfare. Determination by Director. Within 10 working days of receipt of a complete application, the Director shall make a determination to deny, approve, or conditionally approve the administrative sign permit or refer it to the Board of Administrative Review for a public hearing. If the application is referred to the Board of Administrative Review, notification and determination of the Board of Administrative Review hearing shall be as set forth in Chapter 18.11, Common Procedures. At the discretion of the Director, a copy of the decision to approve an administrative sign permit may be sent to property owners abutting the property. Appeal Procedure. An administrative sign permit shall become effective at the end of the 10-day appeal period unless appealed. Appeals shall be resolved in accordance with the provisions established in Chapter 18.11, Common Procedures. Hearing. The appropriate body 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 14 calendar days following the close of the hearing, a decision shall be rendered. The findings and decision may be appealed as set forth in Chapter 18.11, Common Procedures. G. Revocation. Revocation of an administrative sign permit shall be in accordance with procedures established in Chapter 18.11, Common Procedures. 18.42.030 General Standards Maximum Sign Area for Each Lot. Except in the "RL," "RE," "RS," "RM," and "PF" Districts, the maximum sign area for each lot shall be based on the scaled relationship between the lot's IV~52 Redding Zoning Ordinance Update street frontage and area in accordance with the sign-area limitations of the lot's zoning district as established in Schedule 18.42.030-A. The most restrictive of the lot's frontage and area shall determine the maximum sign area for the entire lot. The mathematical expressions for determining this area shall be as follows: starting with a street frontage of 50 feet and area of 6,500 square feet, for each 20 feet of additional street frontage (on the same street) together with each 2,000 square feet of lot area, additional increments of sign area according to the zoning districts noted in the schedule shall be permitted to face any one adjacent street in any one direction provided that no sign or cluster of signs on the lot shall exceed the maximum sign area for any one sign as set forth in Schedule 18.42.030-B of this section. The incremental sign-area increases are uniform except for the "LO" and "GO" districts, where the increase ceases at a maximum sign area of 200 square feet for a lot with a frontage of 610 feet or an area of 62,600 square feet; thereafter, regardless of the frontage and lot area, the maximum sign area shall be 200 square feet. Ten percent of the allowable sign area per lot shall be reserved for temporary promotional advertising including banners and window-painted signs. Maximum sign area allowed in the residential districts noted above shall be based on the allowable sign type/size as indicated in Schedule 18.42.030-B. The allowable type and size shall be established by administrative sign permit or, in the case of new development, by the site development permit or use permit required by Chapter 18.36. Increments of Additional Sign Area According to Zoning (See Schedule 18.42.040-A) LO 3 square feet GO 5 square feet NC and Gl 5 square feet HI and HC 15 square feet SC, RC, and GC 20 square feet Notes: ~ "Street Frontage" does not indicate streets or State highways from which the property cannot take legal access. This includes Interstate 5 and its on-/off-ramps; State Routes 299, 44, and 273; and local streets where access rights have been waived. 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 Schedule 18.42.030-A shall be used to determine the maximum sign area per lot. B. Maximum Sign Area and Illumination for Each Type of Sign by Zoning District. The maximum sign area for each type of sign shall be based upon Schedule 18.42.030-B. This schedule indicates whether or not a permit is required by letters "P," meaning a permit is IV-53 Redding Zoning Ordinance Update required, and "Y," meaning "Yes" the sign is allowed without a permit. The maximum sign area for each type sign is preceded by a dash. Refer to the following sections for regulations on each type of sign: 1. Definitions ~ Chapter 18.61. 2. Max/mum number of signs per lot -- Section 18.42.030(C). 3. Max/mum sign height-- Section 18.42.040(D). 4. Max/mum sign setback-- Section 18.42.040(E). 5. Sta _nd. ards for certain types of signs ~ Section 18.42.040. 6. General sign construction standards ~ Section 18.42.060. Note: The maximum area for each sign type in the "PF" District shall be determined by administrative sign permit or, in the case of new development, by the site development permit or use permit required by Chapter 18.36. W-54 Redding Zoning Ordinance Update Schedule 18.42.030-A: Maximum Total Sign Area Per Lot Based on Lot Area and Street Frontage Street Frontage Lot Lo. co.. ,.?:. i'.a .. Rc 50 6,500 30 60 90 125 175 70 8,500 33 65 95 140 195 90 10,500 36 70 100 155 215 110 12,500 39 75 105 170 235 130 14,500 42 80 110 185 255 150 16,500 45 85 115 200 275 170 18,500 48 90 120 215 295 190 20,500 51 95 125 230 315 210 22,500 54 100 130 245 335 230 24,500 57 105 135 260 355 250 26,500 60 110 140 275 375 270 28,500 63 115 145 290 395 290 30,500 66 120 150 305 415 310 32,500 69 125 155 320 435 330 34,500 72 130 160 335 455 350 36,500 75 135 165 350 475 370 38,500 78 140 170 365 495 390 40,500 81 145 175 380 515 410 42,500 87 150 180 395 535 430 44,500 87 155 185 410 555 450 46,500 90 160 190 425 575 470 48,500 93 165 195 440 595 490 50,500 96 170 200 455 615 510 52,500 99 175 205 470 635 530 54,500 102 180 210 485 655 550 56,500 105 185 215 500 675 570 58,500 108 190 220 515 695 590 60,500 111 195 225 530 715 610 62~500 114 200 230 545 735 IV-55 Redding Zoning Ordinance Update StreetFrontage Lot Area' ' LO -.:i ' GO ' ,NC : ., "Gl: !"~ ",RC'' (~) (fP) . · -, HI · GC 630 64,500 117 200 235 560 755 650 66,500 120 200 240 575 775 670 68,500 123 200 245 590 795 690 70,500 126 200 250 605 815 710 72,500 129 200 255 620 835 730 74,500 132 200 260 635 855 750 76,500 135 200 265 650 875 770 78,500 138 200 270 665 895 790 80,500 141 200 275 680 915 810 82,500 144 200 280 695 935 830 84,500 147 200 285 710 955 850 86,500 150 200 290 725 975 870 88,500 153 200 295 740 995 890 90,500 156 200 300 755 1,015 910 92,500 159 200 305 770 1,035 930 94,500 162 200 310 785 1,055 950 96,500 165 200 315 800 1,075 970 98,500 168 200 320 815 1,095 990 100,500 171 200 325 830 1,115 1,010 102,500 174 200 330 845 1,135 1,030 104,500 177 200 335 860 1,155 1,050 106,500 180 200 340 875 1,175 1,070 108,500 183 200 345 890 1,195 1,090 110,500 186 200 350 905 1,215 1,110 112,500 189 200 355 920 1,235 1,130 114,500 192 200 360 935 1,255 1,150 116,500 195 200 365 950 1,275 1,170 118,500 198 200 370 965 1,295 1,190 120,500 200 200 375 980 1,315 1,210 122,500 200 200 380 995 1,335 1,230 124,500 200 200 385 1,010 1,355 1,250 126,500 200 200 390 1,025 1,375 1~270 128~500 200 200 395 1~040 1~395 W.56 Red. ding Zoning Ordinance Update Schedule 18.42.030-B: Maximum Sign Area and Illumination for Each Type of Sign by Zoning District P -- Maximum allowed with an administrative sign permit (where applicable) Y -- Maximum allowed without a permit -- = Not permitted NA -- Not Applicable Monument 3Z/-- 20/- 3Z/- 35¢0 z 35/150 z 35/150 z 35/125 Public, quasi-public, 35¢0 ~ 35¢0 ~ 35¢0 ~ 35¢0 35¢0 35¢0 35¢0 and religious si~s Pole ........ 60/90 90/150 90/t50 90/t25 Shopping ~nter ............ ~00 --~00 identifier Accessow sign .... 6/- 6/-- 6~0 6~0 6~0 6/-- Building Suppo~ Si~ Mural 300/301 or 300D01 or (nonadvertising) ~eater ~eater Supergraphic .......... 200/~0 200/400 .- Canopy, painted or attached .... 20/-- 30/-- 30/-- 35/-- 35/-- 35/-- Wall signs ~ 20/40 20/40 25/50 75/-- 200~50 150~00 150~00 Projecting ........ 20/-- 30/-- 30/ .... Roof or Mansard ........ 60/.. 60/90 60/90 -- mounted Marquee .......... 60/125 60/125 -- Public, quasi-public, 12~43 12~4 12~4 12/30 60/75 60/90 60/90 - and religious si~s. ~-Site Si~ See Sec. 18.42.030(C)(4) Animated Si~ Time and temperature ...... 20/-- 20/-- 30/60 30/60 -. Rotating ........... /90 --/90 .. See Sec. See Sec. Alternating flashers .......... 18.42.080 18.42.080 - (K) (3) (K) (3) Externally, internally .... 15/40 25/50 25/60 Y Y Y illuminated IV.57 Redding Zoning Ordinance Update Tm~a~ Promotio~l Banners (vinyl or ...... 12/-- 12/-- 24/50 24/50 24/50 canv~) Displays for public and --/32 -/32 --/32 --/32 promotion Off-site real estate si~s and displays for .... 12/32 12/32 12/32 12/32 12/32 public se~ice promotions si~s On-site real estate See Sec. See Sec. signs and construction 6/16 6/16 32/-- 32/-- 32/-- 18.42.040(B) 18.42.040(B) 32/-- si~s Balloons and dirigibles ............ ~acons and ......... P P searchlights Political Si~s 12/-- 12/-- 12/-- 32/-- 32/-- 32/-- 32/-- 32h- 100 up to 75 up to 100 up to 100 up to 100 up to 10% of 10% of 10% of 10% of 10% of Window-painted si~s ..... total si~ total si~ total si~ total si~ total si~ areg200 area ~00 area fl00 ~ea fl00 area ~00 or 30% or 30% or 30% or 30% or 30% Notes: Neighborhood identifier signs to be approved by the Planning Commission at the time of subdivision approval. 2 A monument sign up to 90 square feet may be erected in lieu of a pole sign subject to meeting the requirements of Section 18.42.040D. Monument signs exceeding 90 square feet require approval of a site development permit. 3 Externally illuminated monument and wall signs only. C. Maximum Number of Detached Appurtenant Signs Per Lot (pole, monument, identifier, and accessory signs). Po/e and Monument Signs. Except as provided for in this section, each lot shall be limited to a maximum of one pole sign that may be supplemented with additional monument signs, meeting the standards of this chapter and the following provisions: a. A monument sign may be substituted in place of a pole sign. bo 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. Co Multiple street-frontage credit for additional monument signs shall not be applied to any one single frontage. W-58 Redding Zoning Ordinance Update do 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 that there is at least a 50-foot separation between the signs. eo Multi.parcel shopping centers and similar developments shall be considered a single property for the purpose of determining the number of allowed free-standing signs. Each shopping center of 50,000 or more square feet in floor area shall be limited to one monument sign for each 300 feet of improved street frontage provided that there is at least a 100-foot separation from any other detached, on-site sign; but in no case shall a shopping center be permitted to have more than a total of 3 monument signs or 2 monument signs and one pole sign. o Shopping Center Identif/er Signs. Each shopping center consisting of at least 300,000 square feet of enclosed retail floor area shall be limited to one detached pole identifier sign pursuant to standards of this chapter and the following provisions: a. Shopping centers with an identifier sign shall not be entitled to a pole sign. bo Shopping centers shall not be given credit for additional pole signs based on multiple street frontage. Co Shopping center identifier signs shall require a use permit and may require final plan review approval by the Board of Administrative Review (Board) if referred by the Planning COmmission. Directional Accessory Signs. Each lot is allowed 2 detached accessory signs not exceeding 6 square feet that direct on-site circulation provided that the signs do not reference products or prices. Additional accessory-directional signs may be allowed by administrative sign permit. Off. Site Pole~Monument Signs. Two or more contiguous parcels, not located within a shopping center or similar cohesive development, may share a common pole or monument sign provided that an administrative sign permit is obtained. The sign may exceed the allowable size indicated in Schedule 18.42.030-B by up to 15 percent; however, in such instances, the off-site parcel(s) shall reduce its maximum allowable sign area by the advertising area it occupies on the common sign and shall not be allowed an on-site pole or monument sign. D. Maximum Height of Signs. Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. IV-59 Redding Zoning Ordinance Update o Normal grade shall be construed to be the lower of the existing grade prior to construction or 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. Pole Signs. These signs shall not exceed 25 feet in height except that an additional 1 foot in height may be allowed for each 3 square feet in area above 90 square feet provided that no sign shall exceed a maximum of 35 feet in height. Monument Signs. Monument signs shall not exceed 6 feet in height except when used in lieu of a pole sign, where allowed, and when consistent with the following criteria: o Notes: · Monument signs over 35 square feet may not be erected on properties, including shopping centers and similar developments, that have a pole sign. If a monument sign over 35 square feet is erected, a subsequent pole sign shall not be permitted. The required setback shall be measured perpendicularly from the street right-of-way line to the nearest portion of the sign face or structure. Shopping Center Identifier Signs. These signs shall not exceed 40 feet. Accessory Signs. Traffic directional signs shall not exceed 4 feet in height. 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 the surface of the roof and shall not interrupt roof lines or other major architectural features. Wall and Temporary Banner Signs. Wall signs shall not extend above the top of the wall or parapet structure. /V-60 E. Sign Setback for Detached Signs. Pole Signs. The support structure for a pole sign shall be set back a minimum of 5 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 3 feet in any one direction. Shopping Center Ident/f/er Signs. Structures for these signs shall be set back a minimum of 10 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 3 feet in any one direction. Monument and Accessory Signs. These signs shall be set back a minimum of 5 feet from the property line, and in no case shall such signs violate the setback provisions for street comers or driveways as noted in Subsection (E) (4) of this section. Corner 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 intersection or similar comer points within 20 feet of a driveway intersection. 18.42.040 Standards for Certain Types of Signs 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 exceeding 6 square feet shall require an administrative sign permit, but shall not exceed 20 square feet. Each lot is allowed 2 monument-type accessory directional signs without an administrative sign permit provided that they do not exceed 6 square feet and 4 feet high. Additional directional signs may be allowed by administrative sign permit. The height and orientation of menu boards shall be designed so as not to be visible from a public street. Balloons and Dirigibles. Balloons, dirigibles, or other inflatable devices used primarily for advertising shall require an administrative sign permit when the greatest straight-line distance across the inflated object exceeds 3 feet or the number of inflated objects exceeds 5 (except as noted below), or the height of aerial display exceeds 20 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 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 12 inches in any one direction may be displayed without a permit provided that the number of balloons does not exceed 200 and that they are W.61 displayed for no more than 3 consecutive days 4 times per year; otherwise, a site development permit is required. Buildings in the Shape of Symbols. The maximum allowable surface area of buildings designed in the shape of products or services sold (i.e., doughnut- or hot dog-shaped structures) shall be as approved by a site development permit. D. Monument Signs. Eo Oo All monument signs shall require automatic irrigated landscape at the base equivalent to 2 times the area of the sign copy. The amount of opaque area framing the sign copy shall not exceed 100 percent of the area of the sign copy. Monument signs in residential districts for public or quasi-public uses shall require an administrative sign permit. Patriotic Symbols (Flags). Flags of the U.S. are allowed provided that they do not exceed 24 square feet and a maximum height of 20 feet in residential areas and 60 square feet in commercial areas provided that the height does not exceed 40 feet. All other flag types shall require an administrative sign permit, but shall not exceed 60 square feet and 30 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 established 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 an administrative sign permit. All pole signs shall be provided with automatic irrigated landscape at the base of the sign equal to the area of the sign. 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: Said signs may be erected not earlier than 90 days prior to the said election and shall be removed within 15 days following said election. In any residential zoning district, only one sign is permitted on any one lot. If detached, the sign shall not exceed 6 feet in height. In any commercial or industrial district, one or more signs are permitted on a parcel of land provided that all such signs do not, in the aggregate, exceed a sign area of 120 square W. 62 Redding Zoning Ordinance Update feet. Said signs shall not be erected in such a manner as to constitute a roof sign. Notwithstanding the provisions of this subparagraph, a sign may be placed upon any legally existing sign structure. 4. No sign shall be located within or over the public right-of-way. Projecting Signs. Projecting signs, including wing wall-mounted signs, shall not project more than 3 feet from the facade surface of the building wall or other nonbearing building projection. Signs projecting over the right-of-way require an administrative sign permit. Subdivision Identifier Signs. On-site subdivision-identifier signs shall be monument-type signs and shall not exceed 32 square feet in area nor 7 feet in height. Signs shall be incorporated in the entry gates or the wall of the project. The Director shall have the authority to approve subdivision identifier signs with an administrative sign permit ff such sign was not approved in conjunction with tentative map approval. Temporary Off-Site Real Estate Development Signs. Temporary off-site real estate signs are permitted subject to obtaining an administrative sign permit for each location and complying with the following reg.ulations: Temporary signs shall not exceed 16 square feet in area nor 6 feet in height and may be of monument- or pole-type construction. The sign construction shall comply with the construction requirements of the Building Code and shall not be mounted on a vehicle, trailer, or similar portable medium. Each administrative sign permit shall expire 2 years from the anniversary date of its approval or after the last lot in the subdivision is sold, whichever occurs first. 4. No more than one sign shall be permitted per access point for each development project. Real estate development signs shall only be permitted for residential subdivisions containing 10 or more lots and for residential planned developments and residential condominiums containing 4 or more units. Temporary On. Site Real Estate Signs. One temporary on-site real estate sign is allowed up to 6 square feet without an administrative sign permit for each lot in all residential districts and up to 32 square feet for new subdivisions with less than 80 percent of the lots sold. All other districts may be permitted to have one on-site temporary real estate sign per lot up to 32 square feet without an administrative sign permit provided that the setback for monument signs is met and the height does not exceed 6 feet. W-63 Redding Z~ning Ordinance Update L. Temporary Signs, Banners, Pennants, and Streamers. One temporary vinyl or cloth banner is allowed per business provided that it is maintained in good condition. Temporary signs, including temporary real estate signs, shall not extend above the parapet, facia, or roof gutter and shall not be attached to the roof. Banners exceeding 24 square feet shall require an administrative sign permit and no banner shall exceed 50 square feet. Banners shall not be displayed for more than 14 consecutive days with no more than twice per calendar year. All banners exceeding 24 square feet shall be removed for the entire month of March of each year. Banners shall be placed fiat against the facade of the building; banners shall not be affixed to public light poles, fences, trees, or similar objects. One strand of pennants or streamers is allowed for the length of each lot frontage without an administrative sign permit, except that the strand(s) shall not contain any advertising copy; and the length of the individual pennants or streamers shall not exceed 2 feet. All strands of pennants exceeding a cumulative total of 100 lineal feet shall be removed for the entire month of March. Wall Murals and Supergraphic Wall Signs. Where permitted, wall murals and supergraphic wall signs shall meet the area limitations for the district where they are located and the following regulations: 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. 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. Any advertising message type, company name, logo, etc., outside the viewing field of the mural shall not exceed 20 square feet in area. ' 4. Murals shall not be placed on decorative block or brick walls. Approval of the mural shall take into consideration the visual effect of the mural on adjoining properties and the overall architecture of the building. The colors and materials used shall be reasonably harmonious with those in the area. 6. Murals shall be limited to a maximum of one per wall on any one building. 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 Schedule 18.42.04(B), 13/-64 Redding Zoning Ordinance Update whichever is more restrictive. Wall signs requiring permits shall be in the form of an administrative sign permit. The Director may require a site development permit if the sign could have an aesthetic impact or be controversial. No Wall Signs, Decorative. Nonbuilding walls less than 4 feet in height, used to screen parking lots from adjacent streets, may include nonilluminated text identifying the business or use of the property provided that the letters do not exceed a height of 12 inches. The sign area allocation for such signs shall be as specified in Section 18.61.020, Definitions. 18.42.050 Comprehensive Sign Plan A comprehensive sign plan shall be submitted for all proposed commercial centers with 3 or more tenant lease areas, delineating the distribution of sign area the project is allowed. Sign plans that do not complement the architectural features of the buildings they advertise and/or are inconsistent with the City's Design Review Manual shall not be approved. Where a nonresidential parcel does not have public street frontage and an off-site sign is not permitted by this chapter, the property owner may, with participation of abutting property(s) with street frontage, submit a comprehensive sign plan for the parcels. The comprehensive sign plan shall include proposed signage for the nonfrontage parcel. The total sign area allowed shall be based on Schedule 18.42.030-A for all the parcels included in the comprehensive sign plan. To accommodate the needs of all parcels, the Director is authorized to allow up to a 20 percent increase in pole sign area with approval of the required administrative sign permit. All comprehensive sign plans shall require a use permit and shall be subject to the approval of the Board of Administrative Review. In the alternative, the comprehensive sign plan may be submitted as part of the site development permit or use permit for the project. Plans shall contain all sign dimensions and graphic information required to fully describe what is being proposed. 18.42.060 General Sign Construction Standards io 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 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), the orders of the State Division of Industrial Safety, and the National Electric Code. Bo Illumination. Lighting, if provided, shall be contained within or pointed at the sign and shall not reflect into surrounding residential property. The amount and type of illumination shall meet the regulations of this chapter. W-65 Re&ting Zoning Ordinance Update C. Material Requirements. All portions of any sign structure that 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 preservative which will protect it from insect and fungus attack, or of redwood equal to or better than foundation grade. o Except for monument signs, the ornamental border of those portions of the frame shall be made of approved noncombustible material that is not subject to excessive deterioration from exposure to the weather or approved combustible plastics or noncombustible materials. o Working stresses for any materials used in the construction of detached signs shall not exceed those specified in the Uniform Building Code as adopted by the City. D. Proximity to Street Signs. No sign shall be erected such that any portion is within 5 feet of a street sign nor within 10 feet of any portion of a streetlight signal. Eo Sign Support Structures. Signs, including temporary banners, real estate signs, or pennants, shall not be attached to trees, fences, utility poles, or roof surfaces. Fo Underground Electric Signs. Electrical services to all signs shall be underground from the electrical panel on the appurtenant building. Go Wind Pressure Requirements. All signs shall be designed and constructed in accordance with Sections 2311, 2312, Table 23-G (Exposure C), and Table 23-H of the California Uniform Building Code as adopted by the City. 18.42.070 Exempted Signs The following types of signs are permitted in all districts unless otherwise noted and shall not require a building permit 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 2 square feet, except that such nameplate shall not advertise businesses within the "RL," "RE," and "RS" Districts. B. One "open" and "closed" sign not to exceed 2 square feet in area per business. C. Private information signs, such as "Beware of Dog" or "No Soliciting," not exceeding one square foot that contain no advertising message. IV~66 Re&ting goning Ordinance Update 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. One on-site garage-sale sign per residential lot provided that such sign is less than 2 square feet and displayed no more than 3 days per calendar year. 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 6 square feet and meeting the requirements of this chapter. I. Parking-violation and handicap signs that do not exceed 3 square feet. J. One on-site temporary real estate sign per residential lot not exceeding 6 square feet. K. Nonprofit event banners extending across City and State rights-of-way as approved by the Director. 18.42.080 Prohibited Signs 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 management shall not be considered an abandoned sign unless the premises remain vacant for a period of 90 days. Correction or removal by the property owner on which the sign is located shall occur within 30 days' written notice by the Development Services Department. B. Billboards. Billboards are prohibited. Billboards erected prior to adoption of this code shall comply with any City entitlements pertaining to said sign and the Outdoor Advertising Act. Conflict with Traffic Information. It is unlawful to erect, construct, 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, or character in such a manner as to interfere with, mislead, or confuse traffic. 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. W-67 Redding Zoning Ordinance Update Eo Fo Go H° lo Jo Ko 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. 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 in public view, any sign, picture, or illustration that is characterized by emphasis on depicting or describing sexual activities or specified anatomical areas as defined in Section 18.61.020 of this code. 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. Nonappurtenant Signs. Nonappurtenant signs are prohibited except for the following: (1) nonconforming signs, (2) temporary real estate signs, (3) political signs, and (4) public promotion signs. Portable Signs. Any signs or objects that are capable of movement, such as, but not limited to, A-frame signs and signs that are attached to devices capable of movement, such as having wheels, trailers, or vehicles, are prohibited. Signs Mounted on Vehicles. No person shall park any vehicle, equipment (cranes or boom trucks), 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 that has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement 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 commercial vehicle. 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 30 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 that 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. IV-68 Redding Zoning Ordinance Update L. Other Prohibited Signs. 1. Signs illegally placed in the public right-of-way. o 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. o The following types of rapidly flashing signs which simulate motion or flash through a series of rapid light changes: ao 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 2 seconds. It is also prohibited to increase the total candlepower or luminescence of any "on phase" on the same sign by more than 25 percent. bo 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 1-, 2-, or 3-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 traveling effect on for a time duration of less than 2 seconds. Co 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 candlepower or luminescence exceeds 25 percent from that of any other phase within the random pattern. The use of 1-, 2-, or 3-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-offflashers are defined as illuminated signs or 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 expressly prohibited to have the "on phase" of an on-and-off flasher on for time duration of less than 2 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 2 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 25 percent in any combination of on-and-off phases of the multiple on-and-off flashers installed on the sign face. IV.69 Redd/n~ Zonin~ Ord/mrnce Up~t~e Speller F/ashers. 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. 18.42.090 Nonconforming Signs All nonconforming signs and other sign structures which were erected and in existence prior to the effective date of the adoption of this ordinance and which were, at the time of such erection or establishment, in compliance 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 nonconforming 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 not apply to existing signs that are subject to a written agreement providing for the removal of said signs after a fixed period of rime. Bo 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 structures on the property, business, and/or development be brought into conformance with this chapter. Signs that are made nonconforming by the provisions of this code due to a change in zoning affecting the premise on which the sign is located shall be permitted to remain in existence notwithstanding their nonconforming character, starting with the effective date of the zone change. C. Upon redevelopment or use intensification of any parcel with a nonconforming sign(s), said sign(s) shall be removed or made to conform to the requirements of this chapter. 18.42.100 Illegal On.Premise Signs The City may not issue a business license and/or building permit for any new on-premise sign if there is any illegal on-premise sign related to the business. This prohibition only applies ff 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. 18.42.110 Abatement and Removal of Illegal Signs io Abatement and Removal of On. Premise Signs. By resolution, the City Council may declare as a public nuisance and abate all illegal on-premise advertising signs. The City Council may order by resolution that a special assessment and lien be levied against the property. Such IV. 70 Rd~ling ~nini O~di~ce 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-premise 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 that 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 90 days. 3. Any advertising display that has been more than 50 percent destroyed where the destruction is other than facial copy replacement and where the display has not been repaired within 30 days of the date of its damage. Any temporary advertising display that has exceeded the allowable display period of this chapter. 5. Any advertising display that is a danger to the public or is unsafe. Any advertising display that 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. The Development Services 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. o Signs that are confiscated by the City may be retrieved from the Public Works Department within 10 calendar days after removal. After this time~ the City may dispose of the sign without compensation to the owner. Signs that are placed on any City structure or street tree may be immediately removed by order of the Police Chief, Development Services Director, or Public Works Director; and signs attached to City electric poles may also be removed by order of the Electric Utility 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. IV. 71 Redding ~oning Or/linanc~ Update 18.42.120 Penalties 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 hereby declared to be a public nuisance and may be summarily abated by the City as such. Bo Infractions. Any person who violates or causes or permits another person to violate any provision of this chapter is guilty of an infraction unless this code specifically determines otherwise. Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses, and disbursements paid or incurred by the City or any of its contractors in correction, abatement, and prosecution of the violation. Do 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 misdemeanor, and the penalty for conviction of the same shall be the maximum allowable by State law. 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 is committed, continued, permitted, or caused by such violator and shall be punished accordingly. Chapter 18.43: Standards For Specific Land Uses Sections: 18.43.010 18.43.020 18.43.030 18.43.040 18.43.050 18.43.060 18.43.070 18.43.080 18., .3.090 18.,.3.100 18., ~3.110 18.,13.120 18.,13.130 18.,13.140 18., 3.150 Purpose Accessory Uses and Structures Adult Entertainment Businesses Animals Automobile/Vehicle Repair, Minor and Major Bed and Breakfast Inns Day Care Centers Drive-In and Drive-Through Facilities Gas Stations/Convenience Gas Marts Guest Houses Home Occupations Manufactured Homes Outdoor Retail Sales and Storage Second Dwellings Self-Storage Warehouses 18.43.010 Purpose Uses that are permitted with limitations or permitted upon approval of a discretionary permit in individual zoning districts (see Part III of this ordinance) must comply with the regulations and standards in this chapter. Limited uses that fully comply with these standards are permitted as-of- right. Conditionally permitted uses must comply with the regulations and standards in order to obtain approval of a site development permit or use permit. Part III establishes procedures and requirements for review of limited uses and approval of conditional use permits. 18.43.020 Accessory Uses and Structures Accessory Uses. An accessory use or building shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. Accessory structures shall be designed to be of similar/compatible architecture and materials as the main buildings. Portable Commercial Accessory Structures. Except in the "Gl," "HI," and "PF" Districts, the use of portable storage containers, such as shipping containers, storage sheds, shade covers, trailer covers, and similar storage structures, shall be limited to construction or remodeling on sites where a valid building permit has been obtained. The maximum time period for use is one year from issuance of a building permit unless a longer period is authorized by a site development permit. The structure must be removed within 14 days of receiving an occupancy permit from the Building Official. W-73 Redding Zoning Ordinance Update Residential Accessory Uses and Structures. When allowed, specific residential accessory uses and structures are subject to the provisions of this section. Residential accessory structures include any use that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, swimming pools, spas, workshops, detached covered decks and patios, and similar structures. Structures under 120 square feet in size, uncovered decks and patios, and fences are not subject to the regulations in this section. Regulations for residential second units are located in Section 18.43.140, Second Dwelling Units. Regulations for guest houses are located in Section 18.43.090, Guest House. Private swimming pools, spas, and hot tubs are allowed as accessory uses to approved residential uses on the same site subject to the regulations in Section 18.40.160 of this code. General Requirements. All accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses. o Relationship of Accessory Use to Main Use. Accessory uses and structures shall be incidental to, and not alter the character of, the site from that created by the main use. No lot may be used solely for an accessory building or structure (including pools) other than fencing. o Attached Structures. An attached structure is not, by definition, an accessory structure. A structure shall be considered attached to a main structure if it is architecturally compatible with and made structurally a part of the main structure, including sharing a common wall or roof-line with the main structure. A structure attached with a breezeway connecting a door of the residence to a door of the detached structure, with a roof that is a minimum of 8 feet in width and a maximum of 15 feet in length, will be considered a part of the main structure for the purposes of this code. An attached structure shall comply with all requirements of this code applicable to the main structure, including, but not limited to setback requirements and height limits. 4. Detached Structures in the RL Zone. ao Number of Structures. The number of detached accessory structures shall be limited to two, unless a site development permit is approved by the Director for additional structures. bo Size. The floor area of detached accessory structures shall not exceed 1,000 square feet of floor area per acre of land. Larger structures shall require approval of a site development permit by the Director. In reviewing a request for additional size, the Director may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the site or the neighborhood. IV-74 Redding goning Ordinance Update Height. The maximum height shall not exceed 25 feet. Additional height may be permitted with approval of a site development permit by the Director. Building Separation. Detached accessory structures requiring a building permit, with the exception of shade structures, shall be separated from the main building by a minimum of 10 feet. eo Setbacks. Detached accessory structures shall meet the same setback requirements as the main building. 5. Detached Structures in the RE, RS, and RM Zones. Number o/Structures. The number of detached accessory structures shall be limited to two unless a site development permit is approved by the Director for additional structures. b° Size. Detached accessory structures shall not exceed a cumulative floor area of 700 square feet unless a site development permit is approved by the Director for a greater amount. Detached accessory structures shall not exceed a cumulative floor area of 1,000 square feet unless a site development permit is approved by the Board of Administrative Review for a greater amount. In reviewing a request for additional size, the decision-making body may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the site or the neighborhood. The maximum lot coverage allowed by Schedule 18.31.030 C: Development Regulations - Residential Uses, shall not be exceeded. Co Height. The maximum height shall not exceed 22 feet. Additional height may be permitted with approval of a site development permit by the Director. d° Building Separation. Detached accessory structures requiring a building permit, with the exception of shade structures, shall be separated from the main building by a minimum of 10 feet. e. Setback Requirements. (1) Front and Corner S/de. Detached structures shall be located at, or to the rear of, the existing or required front and required comer side-yard setbacks for the main building, but need not be set back more than 50 feet. (2) S/de and Rear. Structures 16 feet or less in height shall be set back a minimum of 5 feet from the side property lines and 10 feet from the rear property lines. Redd~ng ~:m~ng Ordinance UpState Structures greater than 16 feet in height shall be set back a minimum of 10 feet from the side property lines and 15 feet from the rear property line. (3) Garages and Carports. Where a garage or carport is directly accessible from a public street, it shall have a minimum setback of 20 feet. Side-load garages and carports shall have an unobstructed back-up area of not less than 25 feet in length. Where a garage or carport is directly accessible from an alley, the minimum setback is 5 feet. Shade Structures. Shade structures, trellises, gazebos, and similar structures may be attached or detached from the residence. If detached, said structures may be placed adjacent to the main structure and need not be separated by a defined distance. However, such a structure located within 10 feet of the residence will be considered part of the residence for the purposes of determining compliance with building-setback requirements. Shade structures located greater than 10 feet from the residence shall be considered a detached structure subject to the regulations above in Section 18.43.020(C)(5). Canopies, awnings, and similar temporary shade structures may not be erected or maintained within any front, side, or rear setback. 18.43.030 Adult Entertainment Businesses Purpose. The purpose of this section is to provide standards for the location, development, and operation of adult entertainment businesses that, because of their nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are located in close proximity, thereby having a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute 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. Applicability. Where allowed by Part III, Base District Regulations, adult entertainment businesses are subject to the approval of a use permit in compliance with Chapter 18.14, Use Permits. C. Standards. Adult entertainment businesses shall be located, developed, and operated in compliance with the following standards. Employees Required. It shall be the duty of the owners to ensure that at least one employee is on duty at all times that any patron is present inside the premises. Hours of Operation. The adult entertainment business shall not operate or be open between the hours of 2 a.m. and 7 a.m. Redding Zoning Ordinance Update Go Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting that is energy-efficient, stationary, and directed away from adjacent properties and public rights- of-way, consistent with Section 18.40.090. Live Entertainment. The following standards shall pertain to adult entertainment businesses that provide live entertainment depicting specified anatomical areas or involving specified sexual activities: No person shall perform live entertainment for patrons of an adult entertainment business except upon a stage at least 18 inches above the level of the floor that is separated by a distance of at least 6 feet from the nearest area occupied by patrons, and no patron shall be allowed within 6 feet of the stage while the stage is occupied by an entertainer. o The adult entertainment business shall provide separate dressing room facilities and entrances/exits to the premises that are exclusively dedicated to the entertainers' use. The adult entertainment business shall provide permanent access for entertainers between the stage and the dressing room facilities that is completely separated from the patrons. If the separate access is not physically feasible, the adult entertainment business shall provide a minimum 4-foot-wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence, or other barrier separating the patrons and the entertainers to prevent any physical contact between patrons and entertainers. Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained, establishing the required separations between the entertainers and patrons. Permanent Barriers. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment business. All adult entertainment uses shall be contained entirely within an enclosed building. Separation/Measurement. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or sexual encounter establishment within: 1. One thousand feet of another similar business. 2. Six hundred feet of any religious institution, school, or public park. o Four hundred feet of any property designated for residential use or used for residential purposes. The distance between any 2 adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of IV. 77 each business. The distance between any adult entertainment business and any property designated for residential use or used for residential, religious institution, school, or public park purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the property designated for residential use or used for residential, religious institution, school, or public park purposes. H. A building in which an adult use is established shall be set back a minimum of 35 feet from any public sidewalk. No sign shall be placed, erected, or painted on the premises that depicts specified anatomical areas and/or specified sexual activities as defined in Chapter 18.61. J. Viewing Area. It is unlawful to maintain, operate, or manage or allow to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show. It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth. It is unlawful to create, maintain, or allow to be maintained any holes or other openings between any 2 booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area. Minors and Intoxicated Persons Excluded. It shall be a misdemeanor for any person under the age of 18 years or an obviously intoxicated person to enter or remain on the premises of an adult entertainment business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment business. 18.43.040 Animals The keeping of animals is consistent with the rural lifestyle emphasized in low-density residential development districts and can enhance the rural charm of these districts and areas. To permit the keeping of animals and ensure that their presence does not create an undue burden on neighboring residents, the following standards will apply, unless otherwise provided in the applicable zoning district. A. The keeping of cats, dogs, and other household pets for noncommercial purposes is permitted in accordance with Title 7 of the Municipal Code. Redding Zoning Ordinance Update Do For noncommercial purposes, the keeping of the following animals shall be permitted in districts zoned "RL," "RE," and "RS." No slaughtering or processing shall be permitted in these zoning districts. The minimum site area of the parcel shall be as specified, and the number of animals allowed is subject to the requirements of subsections (D) and (E) below. 1. Large animals 2. Small animals 40,000 square feet 20,000 square feet All animal enclosures, including corrals, pens, feed areas, paddocks, uncovered stables and similar enclosures are subject to the following setback requirements: (1) enclosures shall not be within any required building setback and (2) setbacks shall be measured from the nearest building used for residential purposes on adjacent property. 1. Large animals: a. Horses, mules, donkeys, jennies, etc. 75 feet b. Cattle 75 feet c. Pigs, hogs* 500 feet d. Goats 100 feet e. Sheep 75 feet f. ' Large fowl 75 feet * Maximum number allowed is 3 sows and 1 boar. 2. Small animals: a. Poultry 40 feet b. Rabbits 40 feet c. Birds 35 feet Animals are described in terms of "units" in this section to further define the relationships among animals of various sizes and to determine the number of animals allowed on a given parcel. Animal types are defined in Chapter 18.61. 1. Large animals: each large animal is equal to one animal unit. 2. Small animals: a. Ten poultry equal 1 animal unit. b. Ten rabbits equal 1 animal unit. c. Two turkeys or other similar size fowl equal 1 animal unit. d. The keeping of specific animals is subject to the following special standards: W-79 Re~n~ Zonin~ Ordinance Up~t~e (1) Poultry: all poultry shall be contained in coops or pens and not be allowed to run free on any site. The maximum number of poultry allowed is 20 (2 animal units). (2) Rabbits: all rabbits shall be contained in coops or pens and not be allowed to run free on any site. The maximum number of rabbits allowed is 20 (2 animal units). These restrictions do not apply to rabbits kept solely as pets. (3) Turkeys: all turkeys shall be contained in coops or pens and not be allowed to run free. The maximum number of turkeys allowed is 4 (2 animal units). E. The maximum animal density on any site is determined by the lot size. Fo Go Lots 20,000-39,999 square feet in area: small animals only at a density equal to one animal unit. o Lots 40,000 square feet in area: large and small animals at a density equal to 2 animal units. One additional animal unit is allowed for each additional 20,000 square feet of lot size. ° Fractional animal units can be combined to equal a full unit. For example, 5 poultry and 5 rabbits equal 1 animal unit. Provision of Needs. Every person who keeps an animal that normally resides outside, or that is kept outside unsupervised for extended periods of time, shall ensure that the animal is provided with an enclosure that meets the following criteria: 1. Has a sufficient area for mobility and exercise as appropriate. Contains shelter that will provide protection from heat, cold, and wet that is appropriate to the animal's weight and type of coat. Such shelter must provide sufficient space to allow the animal the ability to turn around freely and lie in a normal position. o Must be in an area providing sufficient shade to protect the animal from the direct rays of the sun at all times. ° Must regularly clean and sanitize pens and run areas and remove and properly dispose of excreta daily. Unsanitary Conditions Prohibited. No person shall keep an animal in an unsanitary condition within the city. Conditions shall be considered unsanitary where the keeping of the animal results in an accumulation of fecal matter, an odor, insect infestation, or rodent attractants which endanger the health of the animal or any person or which disturb or are likely to disturb W-80 Redding Zoning Ordinance Update the enjoyment, comfort, or convenience of any person in or about any dwelling, office, hospital, or commercial establishment. Questions regarding the classification of animals not specifically mentioned are to be referred to the Director for a determination as to their appropriate category (household pet, small animal, large animal, or exotic or wild animal). The keeping of exotic or wild animals may be permitted subject to issuance of a site development permit and any required Fish and Game permits. 18.43.050 Automobile/Vehicle Repair, Minor and Major Automobile repair and other heavy vehicle service shall be located, developed, and operated in compliance with the following standards. A site development permit is required when the use is adjacent to any "R" district. A. Minimum Lot Size. Seventy-five hundred square feet. Buffer Yards. A commercial buffer yard shall be provided adjacent to "R" districts, consistent with Section 18.40.020. Noise. All automobile repair uses performing body and fender work or similar noise-generating activity shall be enclosed in a masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and similar equipment shall be located inside a building and shall not result in exceedance of noise limits contained in this code at residential property lines. D. Lighting. Security lighting shall be directed upon the premises following regulations in Section 18.40.090. Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside the main building. Work Areas. All work shall be performed within the building, including disassembly and assembly activities. G. Hazardous Materials. All necessary permits for storage/use of hazardous materials shall be obtair~ed. Bay Doors. Bay doors should not directly face onto a public street or residential district. The intent of this section is that such doors not be visible from these areas to the maximum extent practicable given the circumstances of the particular site. IV.81 Redding Zoning Ord/nance Update 18.43.060 Bed and Breakfast Inns Bed and breakfast inns (B&Bs) are subject to the requirements of this section. The intent of these provisions is to ensure compatibility between the B&B and the residential zoning district in which it is located. A site development permit is required to establish a B&B in a residential district. A. Number of Rooms. No more than 5 rooms for rent may be allowed within any "RL," "RE," "RS," or "RM" District. Appearance. If a residence is converted to a B&B in an "RL," "RE," or "RS" District, the exterior appearance of the structure shall be of a residential nature and shall not be significantly altered from its original character. C. Limitation on Services Provided. Meals shall be limited to overnight guests. There shall be no separate or additional kitchens for guests. D. Health Department Permit Required. A site development permit shall not be issued without clearance from the Shasta County Health Department. Owner Residence Required. The establishment in any "RL," "RE," or "RS" District shall be occupied by the owner of the property. Signs. Signs shall be limited to one on-site nonilluminated sign not to exceed 4 square feet in area and shall be installed and maintained in compliance with Chapter 18.42, Signs. Review and Revocation. 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 is detrimental to the neighborhood. Revocation proceedings shallbe conducted in accordance with Chapter 18.11, Common Procedures. 18.43.070 Day Care Center (15 or more) Purpose. The purpose of this section is to establish standards for day care centers for children in the "RE" and "RS" districts. The intent is to ensure that the facility is compatible with the surrounding neighborhood. To this end, it should be noted that such facilities located on collector or arterial streets and/or are in conjunction with an approved religious, school, or other quasi-public or public facility are generally more appropriate than other sites within a neighborhood. The Planning Commission may place requirements on such centers that exceed those listed in this section as necessary to ensure compatibility with the neighborhood. Where sufficient compatibility cannot be achieved, applications may be denied. B. Development Standards. 1. Minimum Lot Size. 20,000 square feet. 2. Minimum Lot Frontage. 80 feet. 3. Maximum Building Height. 22 feet (limited to one story). 4. Sky P/ane. Applies at all interior property lines (see Section 18.40.150). Buffer Yards. Applies at all interior property lines based on the standards established for "Office Adjacent to Residential" (see Section 18.40.020) Building and Parking Setbacks. Front and street side--15 feet; interior side--10 feet; front and street side yards, except driveways, shall be intensively landscaped. Outdoor Activity Area. A usable on-site outdoor activity (playground) area appropriate to the needs of the children under care shall be provided. Compatibility of Appearance. The building and grounds shall replicate a single-family residential style to the greatest extent feasible. The Planning Commission shall have significant latitude in requiting conformance with this provision. Off. Street Parking and Loading. To ensure that sufficient parking is provided on-site, the following requirements shall apply: one parking space for every 10 children, plus one space for each teacher/employee, plus 2 clearly marked loading spaces. 10. Hours of Operation. Normal hours of operation shall be limited to 7:30 a.m. to 6:30 p.m. Monday through Friday. The Planning Commission may consider other operating hours with approval of the use permit. 11. Applicable Codes. The facility shall meet all health, fire, and building codes applicable to its operation. 12. L/cense and Permit. The facility shall be State-licensed, and a permit to operate shall be provided to the City. 18.43.080 Drive-In and Drive-Through Facilities Any eating and drinking establishment, retail trade, bank or savings and loan, or service use providing drive-in or drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and appearance in the following manner. Any drive-through facility requires a site development permit. IV-83 Re~ling Zoning Ordinance UPJ~te A. Pedestrian walkways and handicap access shall not intersect the drive-through drive aisles. Drive-through aisles shall meet the width, turning radii, and other requirements of Section 18.41.050, Drive-Up Facilities. Each drive-through entrance with direct connection to a street shall be at least 60 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs. Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside the public right-of-way. C. Each drive-through aisle shall provide sufficient stacking area as required by Section 18.41.050, Drive-Up Facilities. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces except as allowed by Schedule 18.41.040-A of Chapter 18.41, Off-Street Parking and Loading. All service areas, trash storage areas, and ground-mounted and roof-mounted mechanical and utility equipment shall be screened from ground-level view from adjacent properties or public rights-of-way. Menu boards shall not exceed 20 square feet in area, with a maximum height of 6 feet, and shall face away from public rights-of-way unless located at least 35 feet from the street and adequately screened therefrom. Noise levels shall be no more than 50 decibels, 4 feet between the vehicle and the speaker, and shall not be audible above daytime ambient noise levels beyond property boundaries. Further, a drive-in or drive-through facility shall not increase the existing ambient noise levels above the standards contained in the Noise Element of the General Plan and this code. A sound level analysis shall be submitted to the Director with all development proposals which include outdoor speakers when the use is adjacent to an "R" District. All speakers shall be directed away from any "R" District. Go Drive-through facilities shall have an architectural style and project design consistent with the main building or center. The architecture of any drive-through facility shall provide compatibility with surrounding uses in terms of form, materials, color, landscape, and scale. Each drive-through aisle shall be appropriately screened with a combination of decorative walls and landscape to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots. 18.43.090 Gas Stations/Convenience Gas Marts Where allowed by Part III, Base Zoning District Regulations, a use permit may be approved for a gas station or convenience gas mart meeting the following standards: Redding goning Ordinance Update A. New Facilities. New facilities shall comply with the following standards: 1. Minimum site area: 30,000 square feet. 2. Minimum frontage: 100 feet on each street. 3. The following pump island setbacks shall apply: Parallel to a Street. No portion of a pump island oriented parallel or substantially parallel to a street shall be located within 35 feet from the street right-of way. However, a canopy or roof structure over a pump island and access aisles may encroach to within 20 feet of the street right-of-way. Perpendicular to a Street. No portion of a pump island oriented perpendicular to a street shall be located closer than 50 feet from the street property line. A larger distance may be required to satisfy on-site circulation requirements for parking and emergency-vehicle access. Within any "Neighborhood Commercial" District, the main building and pump island canopy shall be integrated and shall have pitched roofs (minimum 4:12 pitch). o The roof and any pump island canopy within a multi-tenant retail center shall integrate the architectural element of the main buildings. Landscape shall comprise a minimum of 10 percent of the gas station site area, exclusive of required setbacks, and shall be provided and permanently maintained in compliance with the following regulations, as well as those outlined in Chapter 18.40, Development and Site Regulations. A minimum 20-foot-wide inside dimension and 6-inch-high curbed landscaped planter area shall be provided along the front and street side property lines, except for openings required for vehicular circulation. o An on.site planter area of not less than 300 square feet shall be provided at the comer of 2 intersecting streets. Landscape shall not exceed a height of 30 inches at this location. Additional landscape may be required where necessary to prevent visual impacts to adjacent properties. 10. All exterior light sources, including canopy, perimeter, and flood, shall be energy-efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or IV-85 Redding Zoning Ordinance Update adversely affect adjacent properties in compliance with Chapter 18.40, Development and Site Regulations. 11. Openings of service bays should not face directly onto a public right-of-way or any residential district to the extent practical given the circumstances of the particular site. 12. All activities and operations shall be conducted entirely within an enclosed structure, except as follows: a. The dispensing of petroleum products, water, and air from pump islands.' b. The provision of emergency service of a minor nature. 13. No vehicle may be parked on the premises for the purpose of vehicular sales. 14. No used or discarded vehicle parts or equipment, or disabled, junked, or wrecked vehicles shall be located in any open area outside the main structure. 18.43.100 Guest Houses A guest house is intended to provide living quarters within a residential accessory structure located on the same premises with the main dwelling for use by guests of the occupants of the premises and shall not be rented or otherwise used as a separate dwelling. A. Development Standards. The location and construction of guest houses shall comply with the following standards: 1. Only one guest house shall be allowed on a single parcel of record. 2. The guest house, along with the main dwelling, may not exceed the allowable site coverage for the zoning district. The guest house may be attached to the main residence by a breezeway or similar device. 3. The guest house shall: a. Not be provided with separate metered utilities. b. Not contain more than one bathroom facility. c. Not contain a kitchen or other cooking facilities, including a range, stove, or cooktop. d. Not exceed 550 square feet of livable floor area. /V-86 Not be separately rented or leased from the main dwelling, whether compensation is direct or indirect. Be designed to ensure visual harmony, consistency, and compatibility with the main dwelling on the site and with other residential structures in the area. g. Not exceed 22 feet in height. ho Meet the setback requirements for detached structures as stated in Section 18.43.020, Accessory Uses and Structures. 18.43.110 Home Occupations The City of Redding recognizes that some citizens may desire to use their places of residence for some limited activity other than as a residence and supports such effort. However, the City believes that the need to protect the character of residential neighborhoods is of paramount concern. To that end, limited commercial-type activities are allowed in residential areas only to the extent that, to all outward appearances, neighbors or passersby will not be aware of the activity. Home occupations are permitted within all residential zoning districts subject to obtaining the appropriate business license; they also shall meet the following standards: A. Standards. 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. A home occupation shall be conducted only within an enclosed living area of the dwelling unit or the garage and shall not occupy more than 25 percent of the gross 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 requirements of Chapter 18.41, Off-Street Parking and Loading. 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 residential uses shall be prohibited. 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. 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 who are residents of the property. IV-87 Redding 7zming Ordinance Update Bo 10. 11. Customers or clients shall not be permitted at the residence except to receive educational, therapeutic, or counseling services where not more than 2 clients shall receive service at any one time. 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. A home occupation shall not create greater vehicular or pedestrian traffic beyond that which is normal in a residential district nor in any case require the parking of more than 1 additional vehicle at any one time. 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 delineated in Nos. 3 and 5 above shall not be exceeded. The display of goods or storage of uncustomary amounts of flammable materials shall be prohibited. Not more than 1 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. On-site storage/parking of oversized or specialized commercial vehicles and the storage of materials in excess of the space limitation provided herein is prohibited. 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. On-site training for promotional sales shall not be permitted. 15. Any deliveries shall be by standard mail or package cartier. Special Review. Persons with demonstrated physical handicaps may be permitted special review by the Development Services Director. A resident may request waiving one or more, or a portion thereof, of the requirements of subsection (A)(1) through (A)(15) of this section by seeking a zoning exception pursuant to Chapter 18.15 of this code. Notification of the request shall be made to property owners within 100 feet of the subject property. In reviewing the request, the Director shall consider the applicant's physical inability to function within the requirements of subsection (A) (1) through (A) (15) of this section. Determinations made by the Director may be appealed to the Board of Administrative Review as provided for in Chapter 18.11, Common Procedures. /V-88 Red. ding 7.oning Ordinance Update C. Enforcement. Enforcement of the provisions of this chapter may include the issuance of a citation and fine, or other legal remedy as provided for in Title 15 of this code. If a business is operating in violation of this code, it must terminate immediately. D. Duration of Home Occupation. 1. Home occupations may be conducted unless one or more of the following occur(s): a. The home occupation does not commence within one (1) year of receipt of the business license. b. The use ceases for a period greater than six (6) months. c. The original business license holder moves from the approved location. d. There is a violation of the home occupation performance criteria. e. There is a violation of any law or ordinance in connection with the home occupation. 2. In the event a home occupation changes, a new business license shall be obtained. E. Inspections. Applicants for home occupations shall permit a reasonable inspection of the premises by appropriate City staff to determine compliance with this chapter. F. Home Occupation Affidavit. Prior to issuance of a business license by the City Clerk, the applicant shall attest that he/she understands the above requirements by signing the Home · Occupation Affidavit available at the Development Services Department. 18.43.120 Manufactured Homes The following supplemental regulations are intended to provide opportunities for the placement of manufactured homes in "R" districts, consistent with State law, and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood. A. General Requirements. Manufactured homes may be used for residential purposes. Manufactured homes also may be used for temporary uses subject to approval of Chapter 18.17, Temporary Use Permits. B. Design Criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards: 1. It must be built on a foundation system approved by the Building Official. IV.89 Redding Zoning, Ordinance Update It must have been constructed after January 1, 1990, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; the unit's skirting must extend to the finished grade. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited. Roof coverings shall have a Class "A," "B," or "C" rating as required by the most recent edition of the California Building Code as adopted by the City of Redding. 5. The roof must have eaves or overhangs of not less than one foot. 6. The floor must be no higher than 36 inches above the exterior finished grade. o Required covered parking shall be compatible with the manufactured home design and with other buildings in the area. 18.43.130 Outdoor Retail Sales and Storage Outdoor sales and equipment rental establishments, where the business is not conducted entirely within a structure or enclosed area shall comply with the following standards: B° Temporary Outdoor Display/Sales. The temporary outdoor display and sale of merchandise shall comply with Chapter 18.17, Temporary Use Permits. Permanent Outdoor Display/Sales. The permanent outdoor sales display of merchandise requires approval of a site development permit or other permit as may be required in accordance with Part III of this title and shall comply with the following minimum standards: Location of Sales Area. The outdoor sales shall be located entirely on private property outside any required setback, fire lane, fire access way, or landscaped planter in zoning districts which do not have required setbacks; a minimum setback of 15 feet from any public right-of-way is required. Screening Required. All nonautomobile/vehicle outdoor sales and activity areas shall be screened from adjacent public rights-of-way and residential districts by decorative solid walls, solid fences, or landscaped berms. o Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall also not obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic. IV.90 Redding 7_~ming Ordinance Update General Requirements. The following requirements shall apply to all outdoor display/sales and storage activities: 1. Outdoor Storage Areas. A site development permit issued by the Director is required for all permanent outdoor storage areas. Such areas shall be entirely enclosed and screened from streets and residential districts as required by (B) (2) above in a manner prescribed by the Director. 2. Signs. There shall be no signs in addition to those allowed by Chapter 18.42 that are visible from the public street. 3. Height of Stored Materials. The outdoor storage shall not exceed the height of perimeter fencing provided that materials may be increased one foot in height above the fence for every 10 horizontal feet that separate the material from the fence. This requirement does not apply in the "Gl" and "HI" Districts. The approving body, based on circumstances particular to a development site, may further restrict the height of stored materials ff the storage area is adjacent to a public street or residential district. 4. Relationship to Main Use. The sales shall be directly related to a business establishment on the parcel. D. Exceptions. The provisions of this section do not apply to the following: Sales or distribution of newspapers or periodicals in compliance with the provisions of the Redding Municipal Code. Sales from the public right-of-way in compliance with the provisions of the Redding Municipal Code. Sales not within a structure or enclosed area in compliance with Chapter 18.17, Temporary Use Permits. 18.43.140 Second Dwellings Purpose and Applicability. The purpose of this section is to comply with the Government Code of the State of California pertaining to second dwellings as a means to increase the supply of smaller affordable housing. This section establishes standards for the development of second dwelling units to ensure that they remain compatible with the existing neighborhood. It is not the intent of this ordinance to override lawful use restrictions as set forth in private Conditions, Covenants, and Restrictions (CC&Rs). Second units are not required to meet the density requirements of the General Plan or Zoning Ordinance. Any application that meets the requirements of this section will be approved ministerially without a public hearing. Location. A second dwelling may be constructed in any "RL," "RE," "RS," or "RM" District if the existing use of the property is a single-family dwelling. Applications for second dwellings IV-91 Redding Zoning Ordinance Update can be denied if: (1) the proposed unit is located on, or adjacent to, real property that is listed in the California Register of Historic Places and/or (2) the second dwelling will not be in compliance with all provisions of this section. Development Standards. A second dwelling permit will only be issued if it complies with the following development standards. Applications for a second dwelling shall include the following information to assist the Director in determining compliance with this section: (1) elevations for all building sides which show all openings, exterior finishes, roof pitch, and siding and roof materials for the existing residence and the proposed second dwelling and (2) color photographs of the site and adjacent properties taken from the proposed location of the second dwelling in the direction of all property lines. The photographs shall be clearly labeled to identifi/the location and direction of the photograph. Location on Lot. A second dwelling unit may be attached or detached from the existing main dwelling unit. If detached, the second dwelling shall be separated from the main dwelling unit by a minimum of 10 feet and shall meet the setbacks required by Section 18.43.020, Accessory Uses and Structures. If attached, the second dwelling must meet all building setbacks required of the main dwelling. Unit $i~e. Detached second dwellings shall not have a floor area exceeding 30 percent of the living area of the main dwelling, or 1,200 square feet, whichever is less. The floor area of an attached dwelling shall not exceed 30 percent of the living area of the main dwelling. Construction of the second dwelling shall not result in lot coverage in excess of that limited by Chapter 18.31. Height. A detached second dwelling unit shall not exceed two stories or a maximum height of 22 feet. Architectural Compatibility. The second dwelling shall incorporate the same or similar architectural features, building materials, and colors as the main dwelling unit. o Off-Street Parking. One off-street parking space shall be provided for the second dwelling. As reqUired by State law, this additional space may be a tandem space within a driveway or located in the front-yard setback immediately adjacent to the driveway. Utilities. Only one electric, water, and gas meter shall be allowed on the property and shall serve both the primary and secondary dwelling. Deed Restrictions. Before obtaining a building permit, the property owner shall file with the County Recorder a declaration or agreement of restrictions which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner stating that: The second dwelling unit shall be considered legal only so long as either the primary residence or the second dwelling is occupied by the owner of the property. /V-92 2. The second dwelling cannot be sold separately. The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance may result in legal action against the property owner. Preexisting Second Dwellings. Second dwellings existing prior to adoption of this section, the use of which is nonconforming in the zoning district in which it is located, may be considered conforming if: (1) the Director issues a Zoning Clearance if it is determined that the second unit complies with the requirements of this section, which may include compliance with Building and Fire Codes, or (2) a Site Development Permit is issued by the Director for units not meeting the criteria included in this section. 18.43.150 Self-Storage Warehouses All self-storage warehouses (miniwarehouses) in the "General Commercial" and"Heavy Commercial" Districts shall comply with the property development standards for the district in which they are to be located and with the standards listed below. Such facilities in an "Industrial" District need only comply with the regulations of that district. Where there is a conflict between the provisions of this section and the base district regulations, the more stringent shall apply. The provisions of this section shall apply to all new self-storage warehouse uses and to any new construction of facilities to expand an existing facility. MINIMUM DEVELOPMENT STANDARDS A. Business Activity. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units. B. Enclosure. Outside storage is prohibited. No boats, trailers, and/or other vehicles shall be parked or otherwise stored outside the storage units except in areas approved for such uses. Hazardous Materials. The facility management shall inform all tenants of the restrictions and requirements as part of the rental registration process and written rental agreement. This includes, but is not limited to, conditions restricting storage of hazardous materials, limitations on the use of the storage units, and restriction on vehicle maneuvering. The restrictions shall also be posted at a conspicuous location within the front of each rental unit. Building Setbacks. Warehouse buildings shall be set back a minimum of 20 feet from any public street. The setback area shall be landscaped in accordance with Chapter 18.47, Landscape Standards. Developments abutting a residential district shall meet the buffer yard requirements of Section 18.40.020. Wall Treatments and Design. Where exterior walls are required or proposed, they shall be constructed of decorative block, concrete panel, stucco, or similar material. The walls shall include architectural relief through variations in height, the use of architectural "caps," W-93 Redd/ng Zoning Ordin~mce Update Go attractive posts, or similar measures. A gate(s) shall be decorative iron or similar material. Chain link or wood is not appropriate. Building Design and Materials. The following requirements apply to building elements that are visible from a public street (including State highways) or an "R" district: Building Walls. Building walls shall be constructed of tinted or split face block, stucco, or similar nonmetal material. A change in wall plane of at least 12 inches shall be used at least every 60 feet in horizontal building length. o Roofs. Building roofs shall have a minimum pitch of 4 to 1. Metal roofs shall have a flat finish to reduce reflective glare. A change in roof plane of at least 12 inches shall be used at least every 60 feet. Additional Criteria. Where this code requires a site development permit or a use permit, the Planning Commission may apply additional conditions on the project as set forth in Chapter 18.13, Site Development Permits. IV.94 Chapter 18.44: Surface Mining and Reclamation Sections: 18.44.010 18.44.020 18.44.030 18.44.040 18.44.043 18.44.047 18.44.050 18.44.060 18.44.070 18.44.080 18.44.090 18.44.100 18.44.110 Purpose Incorporation of SMARA and State Regulations Scope Filing and Fees Performance Requirements Effect of Annexation Review Procedure Financial Assurances Public Records Annual Review Idling of Surface Mining Operations Amendments Appeal 18.44.010 Purpose This chapter is intended to comply with the provisions of the California Surface Mining and Reclamation Act (SMARA) of 1975, Chapter 9, Public Resources Code. The specific purposes of these regulations are to: A. Establish regulations for the extraction of minerals, which is essential to the continued economic well-being of the City and to the needs of the society. B. Require reclamation of mined lands to prevent or minimize adverse effects on the environment, including fisheries and riparian habitat, and to protect the public health and safety. C. Ensure that requirements for reclamation of mined lands permit continued mining of minerals and provide for the protection and subsequent beneficial use of the mined and reclaimed land. Do Recognize 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 may vary accordingly. 18.44.020 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 IV.95 Re~i~g 7~ning Ordinance U~te specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than State provisions, this chapter shall prevail. 18.44.030 Scope The following activities are exempt from the provisions of this chapter: A. Excavations or grading conducted for farming, for on-site building construction with a valid building permit, or for the purpose of restoring land following a flood or natural disaster. Bo Prospecting and exploration for minerals of commercial value where less than 1,000 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. Any surface mining operation that does not involve either the removal of a total of more than 1,000 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 ofFish 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. Eo Such other mining operations that the City determines to be of an infrequent nature that involve only minor surface disturbances and are categorically identified by the State Board pursuant to Sections 2714(d) and 2758 (c) of the California Surface Mining and Reclamation Act of 1975. Fo Grading activities permitted by a lawful grading permit issued by the City that are not intended for mineral recovery. 18.44.040 Filing and Fees Any person, unless exempted by provisions of this chapter, who proposes to engage in surface mining operations as defined in this chapter shall obtain prior to the commencement of such operations: (1) a use permit 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. W-96 Re~ng ~ming Ordinance Update 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 fi, prior to January 1, 1976, the person has: 1. Obtained any required permit or other authorization to do surface mining. Commenced surface operations and incurred substantial expenses for work and necessary materials. Expenses incurred 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. No person who has a surface mining operation, meeting the definition of a "nonconforming use" under Chapter 18.46, Nonconforming Uses, Structures, Sites, Parcels, and Signs, 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. 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 Department and receive, within a period of 3 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 accordance with that plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976. Use permits for surface mining activities shall be applied for under the terms of Chapter 18.14, Use Permits. Such applications are also subject to review under the terms of the California Environmental Quality Act and may be subject to the "FP" Floodplain Overlay District regulations and applicable State regulations relating to fisheries, wildlife, and air quality. All applications for a reclamation plan for surface mining operations shall be made on forms provided by the office of the Department. All applications shall demonstrate conformity with the 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." The use permit application for surface mining and reclamation shall consist of and contain the following information: 1V-97 Redding Zoning Ordinance Update. One reproducible sepia, mylar, or other reproducible site plan submitted on a map 18 inches by 26 inches in size and drawn to a scale of no smaller than one inch equals 800 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. The existing topography of the land proposed to be mined using contour intervals of not more than 5 feet and of not less than 2 feet where the grade of the land is less than 5 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. 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. The location of the 100-year floodplain boundary of any stream if it is on or within 500 feet of the site. 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 lO0-year flood. One reproducible sepia, mylar, or other reproducible reclamation plan submitted on a map 18 inches by 26 inches in size and drawn to a scale of no smaller than one inch equals 800 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. The proposed topography of the land when the mining activity ceases using contour intervals of not more than 5 feet and of not less than 2 feet where the grade of the W-98 Redg/ng Zoning Or~/nance Update o land is less than 5 percent. If the proposed reclamation plan includes the use of lakes, the contour map shall show the proposed lakebed. All areas of proposed uncompacted fill. All areas of proposed compacted fill. The proposed reclamation land use with theoretical development of the area in a manner consistent with the reclamation plan. Representative structures, parking areas, landscape, and other land-use characteristics shall be shown. A phasing plan showing the approximate areas to be mined and reclaimed on an annual basis. Current aerial photos at a scale of one inch equals 100 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 undisturbed when the mining operation is complete. Written descriptions of the following: a. The environmental setting of the site of operations and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands. bo Co 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. The anticipated quantity and operation is to be conducted. geologist.) type of minerals for which the surface mining (This portion is to be prepared by a registered d. The proposed dates for the initiation and termination of such operation. eo The maximum anticipated depth of the surface mining operation. 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 presented in map form. The names and addresses of the owners of all surface and mineral interests of the affected lands. go IV-99 Redding Zoning Ordinance Update A description of the manner in which reclamation adequate for the proposed use or potential uses will be accomplished, including: a description of the manner in which contaminants will be controlled and mining waste will be disposed and a description of the manner in which rehabilitation of affected streambed channels and streambanks to a condition minimizing erosion and sedimentation will occur. An assessment of the effect of implementation of the reclamation plan on future mining in the area. jo A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan. k. A title report for all parcels involved current within 60 days of the application date. The reclamation plan shall address and shall establish compliance 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 criteria shall be at least as stringent as standards established by the State Board and shall be in accordance with generally accepted engineering practices. 18.44.043 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 residential 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. In order to mitigate these potential impacts, any use permit for a new or expanded surface mining operation shall contain the following requirements: 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. A mitigation monitoring program to ensure that the setback achieves the goal of eliminating the identified impacts. Bo Dust. All activities at the site of a surface mine shall be conducted in a manner to control fugitive dust emissions through the use of dust palliative agents or the use of water to mitigate IV. lO0 Redding goning Ordinance Update Co Go 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. 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 tendency 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. 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 operations are not expanded. The applicant shall fund a complaint-responsive, monitoring program to ensure that noise is not exceeding permitted levels. 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. 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 operation causing the vibration shall cease. Blasting. Blasting shall require a use permit or an amendment to an existing use permit. 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 fisheries and wildlife in streams adjacent to or flowing through the project site. Floodplains. Gravel- and sand-extraction operations may be permitted within a flood fringe provided that such uses comply with all provisions of Chapter 18.51, "FP" Floodplain Overlay District, and that necessary permits have been obtained from the State Department ofFish and Game and the Army Corps of Engineers (including a streambed alteration permit, Section 1600, et al.). IV. IOI Re~iin~ Zonin~ Or~in~nce Update 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 75 feet long prior to entering the public street at all access points to the property. Should the 75 feet of paving prove inadequate to prevent the spread of materials onto public streets, the paving shall be extended or a truck-washing program instituted. Street Structural Section and Access. The applicant will be required to make any necessary off-sire 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. Additionally, alternative access routes may be required to be constructed ffexisting 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. Screening. The entire surface mining area shall be screened from public view in all directions with a solid 6.foot-high fence, solid vegetative hedge, or equivalent method approved by the Planning Commission. Screening is not required from adjacent parcels ff 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 applicable to restore and stabilize surface areas. 18.44.047 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 that there is not any expansion of the use, that the County use permit clearly defines the physical limits of the operation, and that the County reclamation plan meets the requirements of the County's SMARA ordinance at the time the permit was issued. Expansion would require a use permit issued under the terms of this chapter. If the annexed surface mining operation does not have an approved reclamation plan by the County prior to annexation, then within 3 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. IV. lO2 Re~ng Zoning Orltindnce Updz~te Financial assurances must be reviewed annually for adequacy, thus preannexation financial assurances may require modification to meet the standards of this chapter. 18.44.050 Review Procedure Upon submission of an application for a permit to mine, approval of a reclamation plan, or approval of financial assurances, the following review periods shall apply: A. Whenever surface mining operations are proposed in the 100-year floodplain for any stream, as shown in Zone A or Zone AE of Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile upstream or downstream 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 45 days, prior to scheduling the public hearing for the permit. Additionally, such applications shall be reviewed under the terms of Chapter 18.51 of the Redding Municipal Code relating to floodplains. 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 describing the disposition of the major issues raised. Comments received and responses prepared by the City shall be forwarded to the applicant for review. If the State Geologist has not responded within 45 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 30 days of such an application being filed with the City. The City shall notify the State Department ofFish and Game, the Regional Air Quality Control Board, and the Regional Water Quality Board of the request to conduct surface mining operations. The City shall notify the Bureau of Land Management (Bureau) of any application to mine on lands within the jurisdiction of the Bureau. 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 comment period, the Planning Department shall review the permit application and the reclamation plan in accordance with the use permit procedures of Chapter 18.14, Use Permits, except that: A. A public hearing shallbe mandatory for use permit applications that involve a reclamation plan. B. Notification shall be by public notice and by mailing to all persons owning property within a distance of not less than 1,000 feet from the exterior boundaries of the project. IV. lO3 Red~ing ~ming Ordinance 18.44.060 Financial Assurances Upon a finding by the City that a supplemental guarantee for the reclamation of the mined land is necessary and upon the determination by the Planning Department of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, irrevocable letter of credit, trust fund, or other form of financial assurance adopted by the State Board conditioned upon the faithful performance 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 by a third party to complete 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 accordance with the reclamation plan. If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the lead agency until new financial assurances 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. 18.44.070 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, 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. 18.44.080 Annual Review Within 6 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 12 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 inspector shall prepare a report showing: IV. lO4 Redding Zoning Ord/nance Update A. Verification that the areas of the mine designated as "reclaimed" have been reclaimed to the standards of the approved reclamation 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. 18.44.090 Idling of Surface Mining Operations io Within 90 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 management 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 measures 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 5 years, at which time the City shall do one of the following: Renew the interim management plan for another period not to exceed 5 years if the lead agency finds that the surface mining operator has complied fully with the interim management plan. Require the surface mining operator to commence reclamation in accordance with its approved reclamation plan. 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 reclamation plan. C. The review, approval, and appeal process for interim management plans shall be as described in Section 2770(h), California Surface Mining and Reclamation Act of 1975. 18.44.100 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 'IV. lO5 Redding Zoning Ordinance U~da~e original plan shall not be undertaken until such amendment has been filed with, and approved by, the City. Amendments to an approved surface mining reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan. 18.44.110 Appeal Any person aggrieved by an act or determination of the Director 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 10 days after the rendition of the decision. IV. lO6 Chapter 18.45: Tree Preservation Sections: 18.45.010 18.45.020 18.45.030 18.45.040 18.45.050 18.45.060 18.45.070 18.45.080 18.45.090 18.45.100 18.45.110 18.45.120 18.45.130 18.45.140 18.45.150 Purpose Subdivision and Other Development Projects Permit Required Exemptions Permit Application--General Tree Removal Provisions Permit Application--Discretionary Projects Subdivisions Construction Standards Tree Protection Guidelines Violation, Penalty Nonliability of City Tree Planting Requirements Maintenance Nonconforming Developed Parcels 18.45.010 Purpose The City Council finds that trees contribute in many ways to the health, safety, and general welfare of all Redding's citizens. Trees, in addition to their aesthetic benefits and temperature moderation, are of benefit to fisheries, riparian habitat, wildlife, energy conservation, and the ecology of the area. They protect surface-water quality, offer windbreaks, prevent erosion of topsoil, act as filters for airborne pollutants, release oxygen, and protect against flood hazards and landslides. It is the intent of this chapter to promote the preservation of a healthy tree population and to enhance tree canopy 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 appropriate; and (3) the planting of new trees in locations, number, and kind compatible with local conditions. 18.45.020 Subdivision and Other Development Projects Subdivisions and other development projects subject to the provisions of this chapter shall be designed to minimize destruction or damage to protected trees. With development permits for discretionary 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 18.45.050 and 18.45.070. mo Variances. 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 ffthe Commission determines 1V-lO7 Redding Zoning Ordinance Update 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 5 years. 18.45.030 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, Development Services Director, or as otherwise exempted under Section 18.45.040, Exemptions. 18.45.040 Exemptions io Removal of a tree upon the order of the City Manager, Public Works Director, Development Services Director, Community Services Director, or a member of the Police or Fire Department if, in his/her 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: Industrial parcels which do not exceed 50,000 square feet in area, regardless of whether the property is developed, underdeveloped, or vacant. o 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. Developed residential parcels which have been developed to the maximum density allowed by the zoning of the property. A vacant parcel which does not exceed one acre of developable area and which is classified as "Residential" by the General Plan and/or applicable zoning. The improved area of a public-street or public-utility easement for routine street and sidewalk maintenance of existing improvements. 6. Airport clear zones. Co 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 facilities, or to restore interrupted service. IV-lO8 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. Removal of trees when determined necessary by the Fire Department while engaged in firefighting in order to prevent the spread of fire or prevent a dangerous situation to life or property. Fo Street trees covered by Chapter 13.40 of the Redding Municipal Code which are approved for removal by the Recreation and Parks Commission. 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. 18.45.050 Permit Application General io Except as provided for in Section 18.45.070, Discretionary Projects, 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 permit with the Director and pay the necessary fee as established by Resolution of the City Council. Said application shall be on a form prescribed by the 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 information the Director may require, including a detailed report prepared by a certified arborist or a professional registered forester. 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 Director or his/her representative 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. The Director or his/her 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: The condition of the trees, with respect to disease, form, general health, damage, public nuisance, danger of falling, proximity to existing structures, interference with utility services, good forestry practices, or damage to existing sidewalks and driveways, warrants their removal. o The preservation of the trees unreasonably restricts the economic potential of the property upon which the trees are situated. W. I09 Redd~ng Zon~n~ Ordnance U~ate 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 removed 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 "Open Space" under the policies of the Redding General Plan. 4. The trunk of the tree is on property owned by the applicant. D. The Director shall deny any permit to remove a landmark tree established by Chapter 13.40. 18.45.060 Tree Removal Provisions A permit issued under Section 18.45.030 shall be valid for a period of 6 months from the date of issuance. One extension of time may be granted, not to exceed an additional 6 months, by the person or body who approved the permit for which an extension is requested. At 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. Bo The permit and any conditions of approval granted by the approving body shall entitle the applicant to remove only the tree or trees approved for such action. Before the start of any clearing, excavation, construction, or other work on the site, every tree designated for removal on the approved site plan that is outside the proposed right-of-way or easement areas shall be clearly marked in the field in a manner required by the Director. A plan shall be established for the removal and disposal of brush, earth, and other debris (1) to avoid injury to any protected tree or adjoining property or (2) to prevent spillage of mud or debris on City streets. The construction standards required by Section 18.45.090 shall apply to all work performed within the drip line of protected trees. 18.45.070 Permit Application--Discretionary Projects A. An application for a discretionary project shall also be considered an application for tree removal in those instances where trees will be affected by the development. 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 individual species. 2. Minimal disruption or removal of structural or feeder roots. IV. IlO Redding Zoning Ordinance Update 3. Minimal filling, cutting, development, or compaction of softs within the drip line. 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 adequate. Co An application for a discretionary permit shall contain the following elements, which may be included on the site plan, on the tentative map for the project, or on a separate document such as an overlay: The. approximate location of protected trees. The City may require a detailed site survey that 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). Grading information of sufficient detail to ascertain whether proposed cuts and fills will affect trees proposed to be saved. In cases where a project site includes a stand or stands of trees closely grouped in effect having a common, unbroken canopymthe entire stand rather than individual trees may be depicted provided that the total canopy is accurately delineated. 5. A notation as to which trees are proposed to be saved. The application may be denied or the project modified ff (1) the plan is inconsistent with the City's policy of tree preservation and (2) insufficient evidence is shown that the tree preservation has been considered in the design of the 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 preserved trees. It is recognized that the preservation of healthy trees will sometimes conflict with normal land developmental considerations, such as proper drainage, 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 development 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 area or areas within a IV-II1 Redding Zoning Ordinance Ii,date Fo project site that 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 "Open Space" under the policies of the Redding General Plan. Subsequent to project approval, improvement plans shall be submitted to the City for approval that shall depict the location of all protected trees or stands of protected trees that are outside any proposed right-of-way, utility easement, or other area approved for disturbance by the approving, body and that are proposed to be removed. At the discretion of the Director, improvement plans may be required to depict the location of all protected trees that are located outside any area classified as "Open Space" on the General Plan. The approving entity for the permit, when approving development plans, shall determine the adequacy and appropriateness of the proposed tree-protection plan as provided above and shall make the findings required under Section 18.45.050(C). Appeals of conditions and/or requirements imposed on a development project by the approving authority shall utilize the procedures set forth in Section 18.11.090, Appeals, of the Redding Municipal Code. 18.45.080 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 stormwater 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 18.45.070(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. 18.45.090 Construction Standards Before the start of any clearing, excavation, construction, or other work on the site, every tree designated for preservation that is located outside 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 authority, 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. IV-II2 Redding Zoning Ordinance Ulxiate Where the approval of a proposed development or other site work will result in encroachment within the drip line of a protected tree, special measures should be incorporated to allow the roots to obtain oxygen, water, and nutrients. The 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. Co No storage or dumping of oil, gasoline, chemicals, or other substances 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 protected tree. 18.45.100 Tree Protection Guidelines The Director shall prepare and make available to the public "Guidelines for Tree Protection." The Guidelines will not replace or supplement the construction standards of Section 18.45.100, but will provide basic information that will be useful in protecting trees during and after construction. 18.45.110 Violation, Penalty It has been determined 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 occurs 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 combination of, the following means at the discretion of the City: A. Pay a fine of up to $1,000 per tree for the unauthorized removal or damage to trees. Provide and plant replacement trees of a number and size required by the City and thereafter maintain said trees in a live and healthy condition for a period of 3 years. C. Prohibit further development of the property, other than corrective-action measures, for a period of up to 2 years from the date notice of the violation is given by the City. The penalty shall be determined by the Director; however, appeals of his/her decision shall be available as specified in Section 18.11.090, Appeals, 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 specified in Section 18.45.050 and making payment of twice the application fee. The City reserves the right to approve the permit subject to any or all of the above conditions as circumstances may dictate. 18.45.120 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/her control in a safe, healthy condition. IV. 113 Re.rig ~ing Ordinance Upg~e 18.45.130 Tree Planting Requirements The following tree-planting provisions shall apply to all new construction and to those parcels which have been granted a tree-removal permit. The trees shall be planted prior to the issuance of an occupancy permit in those instances where planting is in conjunction with construction under a valid building permit. Residential Development. One 15-gallon tree shall be planted for every 500 square feet of enclosed gross living area, 2 of which shall be planted in the front yard. At least one of the trees must be planted within 7 feet of the sidewalk. Commercial Development (Retail, Office, Service Commercial Uses). One 15-gallon tree shall be planted for every 1,000 square feet of gross floor area or covered space. Industrial Development. One 15-gallon tree shall be planted for every 2,000 square feet of gross floor area or covered space. Where the number of trees required to be planted under this section differs from the number required to be planted by Chapters 13.40 and 18.41, Off-Street Parking and Loading, of the Redding Municipal Code (if applicable), the higher number shall apply. If the number of trees required above contains a fraction, such number shall be increased to the next highest whole number. Each existing, protected tree on a parcel may be counted as 2 trees for the purpose of the above planting requirements; however, this credit shall not reduce the number of trees required by Chapters 13.40 or 18.41 of the Redding Municipal Code applicable to the project except as may be provided for in those code sections. 18.45.140 Maintenance The property owner or his/her successors-in-interest shall be responsible 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 that 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. 18.45.150 Nonconforming Developed Parcels Developed parcels which do not meet the tree-planting requirements of this chapter, shall be required to meet the tree-planting requirements of this chapter with the issuance of a building permit for any new construction on the property that is greater than 15 percent of the existing gross floor area, unless an exception to this requirement is granted by the Planning Commission based on a finding that conforming to the tree-planting requirements of this chapter is physically impossible given the way the parcel is developed. 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. IV. 114 Chapter 18.46: Parcels Nonconforming Uses, Structures, Sites, and Sections: 18.46.010 18.46.020 18.46.030 18.46.040 18.46.050 18.46.060 18.46.070 18.46.080 18.46.090 18.46.100 18.46.110 18.46.120 Purpose Nonconforming Uses Nonconforming Structures Nonconforming Sites Reestablishment of Abandoned Nonconforming Uses, Structures, or Sites Residential Structures in Office, Commercial, or Industrial Zones Nonconforming Multiple Family Dwellings Nonconforming Parcels Conformity of Uses Requiring Use Permit Previous Permits in Effect Unlawful Structures and Uses Nuisance Abatement 18.46.010 Purposes This chapter establishes uniform provisions for the regulation of legal nonconforming uses, structures, sites, and parcels. Within zoning districts established by this code, there exist structures, land uses, and parcels that were lawful prior to the adoption of this code, but which would be prohibited, regulated, or restricted differently under the use regulations and development standards of this code or future amendments. It is the intent of this chapter to discourage the long-term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under limited conditions outlined in this chapter. This chapter also recognizes that the investments made in developed property can be substantial and that provisions for continuation of certain nonconforming uses may be desirable, particularly flit can be assured that the use does not negatively impact adjacent properties. Further, this chapter provides for the improvement of nonconforming structures and properties to reduce the blighting influence that can occur if abandoned structures cannot be reused for their designed purposes. 18.46.020 Nonconforming Uses Continuation. Legal nonconforming uses, including uses lacking permits or other entitlements, 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 became nonconforming, except that by use permit, the Planning Commission may approve a physical expansion not exceeding 10 percent of the existing floor area. Uses lacking permits or entitlements may be enlarged upon by first securing the required permit or entitlement. IV-liS Red'ag Zoning Ordinance Update Bo 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 site development permit approved by the Board of Administrative Review shall first be obtained. Exceptions: No nonconforming use that involves the storage, use, or generation of hazardous materials, presses, products, or wastes or other activity that may be detrimental to public health or safety because of the potential to generate dust, glare, heat, noise, noxious gases, odor, smoke, vibration, or other conditions that would be incompatible with surrounding uses may be substituted for an existing nonconforming use even if the use is of the same or less intensive nature. Co Abandoned. If the legal nonconforming use ceases for a continuous period of 12 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 unless a site development permit (BAR) is granted in accordance with Section 18.46.050, Reestablishment of Abandoned Nonconforming Uses, Structures, or Sites. Do Use Ceased by Damage or Destruction. If a nonconforming use is caused to cease through damage or destruction, the subsequent use of the land shall be in conformance with the regulations specified by this code for the district in which the land is located, except that residential uses may be reestablished provided that reconstruction does not increase any previously existing nonconforming site conditions or increase the number of dwelling units on a site; see Sections 18.46.060, Residential Structures in Office, Commercial, and 18.46.070, Nonconforming Multiple Family Dwellings. 18.46.030 Nonconforming Structures Ao Continuation. Legal nonconforming structures may remakn provided that such structure shall not be enlarged or altered so as to increase the discrepancy between existing conditions and the standards for front yards, rear yards, side yards, or height distances between structures and parking facilities as provided in the regulations for the district on which the structure is located. Abandoned. If a legal nonconforming structure remains vacant for a continuous period of 12 months, it shall be considered abandoned and shall thereafter be removed or converted to a conforming structure with a conforming site and use unless a site development permit (BAR) is granted in accordance with Section 18.46.050, Reestablishment of Abandoned Nonconforming Uses, Structures, or Sites. The presumption of abandonment may be rebutted upon a showing, to the satisfaction fo the Director, that during such period, the owner of the structure (1) has been maintaining it and did not intend to discontinue the use and (2) has been actively marketing the structure for sale or use or (3) has been engaged in other activities evidencing an intent not to abandon the use. IV. II6 Redding Zoning Ordir~nce Update C. Maintenance, Repairs, and Rehabilitation. Ordinary maintenance and repairs may be made to any legal nonconforming structure. De 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 50 percent of the current replacement cost, as estimated by the Director, it may be not be restored except in full compliance with the regulations for the zone in which it is located. Exceptions: See Section 18.46.060, Residential Structures in Office, Commercial, or Industrial Zones, and Section 18.46.070, Nonconforming Multiple Family Dwellings. 18.46.040 Nonconforming Sites Ao Continuation. Legal uses or structures on legal nonconforming sites may continue provided that ff the use or structure on the nonconforming site is enlarged or increased, it does not increase the nonconformity or introduce a new nonconformity. Exception: An existing structure with a nonconforming comer side-yard setback of not less than 10 feet may be enlarged such that the length of the encroachment is increased. Such enlargement shall not encroach closer to the street property line than that of the existing structure. Bo Abandoned. If the use of a legal nonconforming site ceases for a continuous period of 12 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 unless a site development permit (BAR) is granted in accordance with Section 18.46.050, Reestablishment of Abandoned Nonconforming Uses, Structures, or Sites. Co Change of Use. Uses on legal nonconforming sites may be changed to a different use without bringing the site into compliance with this code provided that the degree of nonconformity is not increased. 1. Exceptions: ao Any nonconforming signage on the property shall be brought into compliance with this code. bo Any discretionary permit required for the increase in the floor area of a principal building on a site by 20 percent or more shall address existing nonconformances on the site, including, but not limited to, lack of screening of mechanical or other equipment; required landscape; lack of curb, gutter, or sidewalk; and/or nonconformances that have adverse impacts to adjacent properties. The approving authority may establish a schedule for elimination of the nonconformances and may also determine those nonconformances that need not be remedied because the location of existing structures or the configuration of the site make it infeasible. IV. Il? Redding goning Ordinance Update Maintenance, Repairs, and Rehabilitation. Ordinary maintenance and repairs may be made to any legal structure on a nonconforming site provided that the work does not create greater nonconformances on the site. Structure Damaged or Destroyed or Use Ceased by Damage or Destruction. If a structure on a legal nonconforming site is damaged or destroyed to an extent of more than 50 percent of the replacement value thereof, the restoration of such structure or use shall be in full compliance with the requirements of this title unless a site development permit (BAR) is granted to continue the nonconformity; or for residential structures, the provisions of Section 18.46.060, Residential Structures in Office, Commercial, or Section 18.46.070, Nonconforming Multiple Family Dwellings, apply. The Board of Administrative Review (Board) will consider the request in light of existing neighborhood characteristics, particularly the prevalence of similar nonconformities in the area. 18.46.050 Reestablishment of Abandoned Nonconforming Uses, Structures, or Sites Not withstanding the provisions of this section regarding continuation of uses, a commercial nonconforming use, structure, and/or site which has been abandoned may be reestablished upon issuance of a use permit by the Planning Commission. The Commission may approve the use permit if findings "A" through"D" can be made for office, commercial, and industrial uses. Reestablishment of a residential use shall not require a use permit ffthe Director determines that such reestablishment will not be detrimental to residents of the structure. A. The use was a legally established use that was made nonconforming by a rezone action adopted by the City Council. B. No compliance actions are pending for violations of Building or Fire Codes on the property. C. The use is of a similar or less intensity as the previous use as determined by the Commission. D. Reestablishment of a nonconforming use will not detrimentally impact adjacent properties. The use permit may be approved subject'to conditions reasonably related to making the current use or site conform with standards of the current zoning district. Such conditions may include, but are not limited to, the following: 1. Provision of parking in accordance with Chapter 18.41. 2. Installation of landscape necessary to buffer and screen parking, loading, and storage areas. 3. Property maintenance, such as painting and general cleanup. 4. Installation of fencing. 5. Ensuring conformance with the signage requirements of Chapter 18.42. 6. Minor facade or other exterior building improvements. IV. 118 Redding Zoning Ordinance Update 7. Compliance with the Building and Fire Codes. 8. Establishment of a date certain for termination of the nonconforming use. 18.46.060 A. Bo Residential Structures in Office, Commercial, or Industrial Zones Continuation. Nonconforming residential structures in an office, commercial, or industrial zone may be continued as a residential use provided that no increase in the number of dwelling units or increase greater than 50 percent in the usable floor area occurs. Such residential uses are not subject to abandonment as provided elsewhere in this chapter. Use Ceased by Damage or Destruction. Nonconforming residential uses destroyed by fire or other cataclysmic occurrence may be reestablished provided that: 1. Reconstruction is consistent with building setback, height, and other development regulations of the district. 2. The use will not be detrimental to residents of the structure as determined by the Director. 3. A building permit for reconstruction is issued within 24 months of destruction. If these standards cannot be met, a site development permit shall be required before commencement of reconstruction. 18.46.070 Nonconforming Multiple Family Dwellings Multiple-family dwellings or dwelling groups (2 or more attached or detached dwelling units on a lot) exceeding the allowable density of the district in which they are located that are involuntarily damaged and/or destroyed may be rebuilt with the same number of dwelling units provided that the following conditions are met: A. Two to four dwelling units. Preexisting site nonconformances shall not be increased beyond those existing prior to destruction of the dwelling(s). Bo Five or more dwelling units. Rebuilding conforms to the parking, height, setback, open space, and other provisions of this code. A site development permit is required ff these standards cannot be met, but in no case shall any site nonconformities be increased beyond those that existed prior to destruction of the dwelling(s). C. A building permit for reconstruction is issued within 24 months of destruction. To facilitate implementation of the policies of the Housing Element of the General Plan, multiple- family dwellings or dwelling groups exceeding the allowable density of a district in which they are located may be substantially reconstructed or may be voluntarily destroyed and rebuilt ffsuch action is authorized under a City of Redding housing rehabilitation or Redevelopment Agency program for IV. II9 Redd/nl Zonint Ordinance Update ownership or rental by persons of low or moderate income and providing that the provisions of Items "A" or "B" above are met. 18.46.080 Nonconforming Parcels A nonconforming parcel of record that does not comply with the access, area, or width requirements of the zoning district in which it is located shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following: A. Approved Subdivision. The parcel was created through a recorded subdivision map, or a certificate of compliance has been issued. Bo Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the land use regulation that made the parcel nonconforming. Co Variance or Lot Line Adjustment. The parcel was approved through the variance procedure (Chapter 18.16, Variances) or resulted from a lot line adjustment in compliance with Title 17 (Subdivisions) of the Redding Municipal Code. Do Partial Government Acquisition. The parcel was created in compliance with the provisions of this code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity. Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area, setbacks, and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this code or in any way that makes the use of the parcel more nonconforming. 18.46.090 Conformity of Uses Requiring Use Permit Any use existing at the time of adoption or amendment of this code in any zoning district that allows the use subject to the granting of a site development permit or use permit shall be deemed a conforming use ff there is no use permit, but only to the extent that it previously existed, including maintaining the same site area boundaries, gross floor area, and hours of operation. Any expansion or change in the intensity of the use requires a site development permit or use permit as required by this code. 18.46.100 Previous Permits in Effect Any use in existence by virtue of a permit issued in compliance with the regulations in effect at the time of application for any land use activity which, under the new regulations is not allowable, may continue, but only in compliance with the provisions and terms of the original permit. IV. 120 Redding Zoning Ordinance Update 18.46.110 Unlawful Structures and Uses Structures and uses that did not comply with the applicable provisions of this code or the regulations in effect when the structures or uses were established are violations of this code and are subject to revocation. No right to continue occupancy of property containing an illegal structure or use is granted by this chapter. The activity shall not be lawfully allowed to continue unless or until all entitlements required by the Redding Municipal Code are first obtained. 18.46.120 Nuisance Abatement In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City in compliance with Title 15, Abatement, of the Redding Municipal Code. IV. 121 Chapter 18.47: Landscape Standards Sections: 18.47.010 18.47.020 18.47.030 18.47.040 18.47.050 Purpose Applicability Landscape Plan Requirements Landscape Installation Requirements Landscape Standards 18.47.010 Purpose The purpose of this chapter is to achieve the following: A. Enhance the aesthetic appearance of all development throughout the City by providing standards related to the quality and functional aspects of landscape. Increase compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers. Protect public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic and safety. D. Assist in mitigating air quality impacts by reducing or absorbing pollutants, especially by preserving existing, or adding new, trees. E. Reduce heat absorption and radiation created by large expanses of paving. 18.47.020 Applicability All new development, including additions which increase the floor area of a main building by 20 percent or more, shall provide and maintain landscape in compliance with the provisions of this chapter. Single-family dwellings and duplexes are exempt from this chapter. Bo Landscape plans and all plans for the ornamental use of water, including, but not limited to, ponds and fountains, shall be prepared in accordance with Chapter 16.60 of the Redding Municipal Code and submitted for review for compliance with these requirements. Landscape shall not be installed until the applicant receives approval of the final landscape plan. Any changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval prior to installation. IV. 122 18.47.030 Landscape Plan Requirements Landscape Plan. A landscape plan shall be submitted as part of the application for a building permit as specified in Section 16.60.030 of the Redding Municipal Code or at any other time that may be required by the condition of a site development permit, use permit, or planned development. All landscape plans shall include a table or other delineations demonstrating that minimum landscape area required by Schedule 18.47.040-A is satisfied. Review and Approval. The Director shall review each conceptual landscape plan and final landscape plan to verify its compliance with the provisions of this chapter. The Director may approve the submittal in compliance with this chapter or may disapprove or require changes to a submittal that is not in compliance. The Director may refer approval of final landscape plans associated with an approved use permit to the Board of Administrative Review or Planning Commission. 18.47.040 Landscape Installation Requirements Landscape shall be provided in the locations described in this chapter in addition to any areas required by Part III, Base District Regulations, and Part V, Overlay District Regulations, of this title. A. General Requirements. Landscape shall be provided as follows: Setbacks. In general, the setback areas required by this code shall be landscaped, except where a required setback is occupied by a sidewalk, driveway, or access easement or where a required setback is screened from public view and it is determined by the Director that landscape is not necessary to fulfill the purposes of this chapter. o Unused Areas. All disturbed areas of a building site not intended for a specific use or purpose, including pad sites in shopping centers held for future development, shall be landscaped (may be hydroseeded) unless it is determined by the review authority that landscape is not necessary to fulfill the purposes of this chapter. Parking Areas. Parking areas and their associated landscape required by Chapter 18.41, Off-Street Parking and Loading Regulations, shall not count toward meeting the landscape requirements of this chapter. Public Right.of. Way. The area between the curb, or curb and sidewalk if contiguous, and the property line shall be landscaped. This area shall not be counted in the overall required percentage of landscape. Bo Specific Office and Commercial Zone Landscape Requirements. New development shall be designed, constructed, and maintained with landscape of the minimum area shown in Schedule 18.47.040-A based on the zoning district applicable to the site and the gross floor area IV. 123 Redding Zoning Ordinance Update of building on a site. These landscaped areas typically will consist of building foundation planting, landscape elements in plazas and outdoor gathering areas, and other accent planting, although additional landscaped area may augment the minimum landscape area for parking lots required by Chapter 18.41, Off-Street Parking and Loading Regulations. The Director, Board of Administrative Review, or Planning Commission may require additional landscape to ensure consistency with the policies of the General Plan. Schedule 18.47.040-A: Minimum Landscaped Area by Zoning District "LO" 15% "GO" 10% "NC" 10% "SC" 5% "GC" 5% "RC" 5% "HC" 5% Notes: The above minimum landscaped areas are in addition to that required to meet the minimum parking lot landscape and landscape within the street right.of-way, where applicable, as required by Chapter 18.41. Up to 30 percent of the landscape required may be in the form of hardscape associated with public plazas, water features, and similar unique project elements. The Director may approve a zoning exception to exceed this limitation, where, in his/her opinion, the intent of this chapter is met. 18.47.050 Landscape Standards Landscape areas and materials shall be designed, installed, and maintained as provided by this section. A. General Design Standards. The following features shall be incorporated into the design of the proposed landscape and shown on required landscape plans: 1. Landscape shall be planned as an integral part of the overall project design. o Street frontage landscape shall include a minimum of one 15-gallon tree for every 30 feet of frontage. o Landscape shall be provided throughout parking areas in compliance with Chapter 18.41, Off-Street Parking and Loading Regulations. 4. Plants with similar water needs shall be grouped together in distinct hydrozones. IV-124 Re~ng ~ning Or~im~¢e ~e Bo Plant Material Limitations. Plant materials shall be selected and installed to comply with the following requirements: All landscape plantings shall be of sufficient size and intensity so that a finished appearance and plant maturity (except trees and large shrubs) can be attained in a 3-year time frame. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and sight-distance areas. Trees planted near public sidewalks or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters, electric utilities, and other public improvements. Groundcover shall be of live plant material. Gravel, colored rock, walk-on bark, and similar materials shall be used in combination with a living groundcover in all nonturf areas as a mulch to control weeds and conserve or retain water until a living groundcover has achieved full coverage. IV. 125 Chapter 18.48: River/Creek Corridor Development Sections: 18.48.010 18.48.020 18.48.030 18.48.040 Purpose Applicability Top of Bank Defined River/Creekside Development Standards 18.48.010 Purpose River and creek corridor habitats support a great diversity of plants and animals, recharge aquifers, and filter some pollutants. These corridors are valuable as open-space areas and are of recreational and scenic interest. The purpose of this chapter is to provide adequate buffer areas between creek corridors and adjacent development to protect this valuable community resource as a natural, scenic, and recreational amenity. 18.48.020 Applicability The provisions of this chapter apply to any property adjoining or including any of the waterways identified for protection in the General Plan, except those properties developed in accordance with applicable codes prior to the adoption of this chapter. These waterways and their corresponding average buffer widths (setbacks) are shown in Schedule 18.48.020-A. Schedule 18.48.020-A: Waterway Corridor Setback Requirements Boulder Creek 25 feet n~anan; 50 feet top of bank feet top of bank feet top of bank feet top of bank feet top of bank feet top of bank feet npanan; 50 feet npanan; 50 feet npanan; 100 feet npanan; 100 feet npanan; 50 feet npanan; 50 feet npanan; 50 feet npanan; 50 feet npanan; 100 feet nparmn; 50 feet npanan; 150 feet npanan; 50 feet npanan; 50 feet n ~armn; 100 Buckeye Creek 25 Canyon Hollow Creek 25 Chum Creek 50 Clear Creek 50 Clover Creek 25 Jenny Creek 25 feet top of bank Middle Creek 25 feet top of bank Newtown Creek 25 feet top of bank Olney Creek 50 feet top of bank 2 Oregon Gulch 25 feet top of bank Sacramento River 3 75 feet top of bank Salt Creek (north) 25 feet top of bank Salt Creek (west) 25 feet top of bank Stillwater Creek 50 feet top of bank IV. 126 Red~/n~ Zonin~ Ordinance Up.re Sulphur Creek ' ] 50 feet riparian; 100 feet top of bank 2 ' Tadpole Creek ] 25 feet riparian; 50 feet top of bank Notes: ~ Average buffer required adjacent to the development. When the top-of-bank setback is greater than the setback from riparian vegetatinn, the greater setback shall be utilized. In no case shall the top-of-bank setback be less than 25 feet for creeks or 75 feet for the Sacramento River provided that an exception is ~wanted in accordance with 18.48.040. : Lx~wer reaches of thc creek as illustrated in Figure 3-3 of the General Plan Natural Resources Element. Upper reaches arc 25 feet fi-om riparian vegetation and 50 feet fi.om the bank, whichever is greater. 3 Reduced setbacks are appropriate for water-oriented/commercial activities and for bluff areas fi~r that section of the river between the North Market Street bridge and the alignment of the future Parkview Bridge. 18.48.030 Development Standards The following requirements pertain to all developments along the waterways identified in Schedule 18.48.020-A. A. Setbacks, easements, or in-fee dedications are required for the stream corridor and buffer areas as follows: Ministerial projects (building permit; zoning clearance): development setbacks only. At the request of the property owner, the City may accept an offer of dedication and accept fee title to the buffer area. Discretionary land use entitlements (site development permits; use permits): dedicated to the City as an open-space easement. o Subdivision maps: dedicated to the City as an open-space easement or dedicated "in fee" to the CiTM. Bo The average buffer widths depicted in Schedule 18.20.020-A may be increased by the approving authority if necessary to protect environmental resources as determined through the project environmental impact determination process. Where Chapter 18.51, "FP" Floodplain Overlay District, requires greater setbacks or dedications than shown in Schedule 18.20.020-A, the greater setbacks or dedications shall prevail. No structure, parking access, parking space, paved area, fence, swimming pool, structure, or other improvements shall be constructed within a buffer area except the installation of approved public facility infrastructure. It is intended that buffer areas be maintained in a natural state and not be landscaped. Removal of vegetation as may be required by the Fire Marshal or by authorized public IV. 127 improvements is acceptable subject to review of environmental impacts and identification of any necessary mitigation measures. Fo Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth-tone concrete and/or native plant materials. 18.48.040 Reduced Setback Existing Parcels. The Director or in the case of site development permits or use permits--the Board of Administrative Review and Planning Commission, respectively, may reduce the buffer area required by this chapter for parcels created prior to adoption of this code. The reduction shall not be more than one-half the distance indicated on Schedule 18.48.020A. Submission of a biological report prepared in accordance with this section and making the findings enumerated below is required. New Parcels. A variance must be approved in accordance with the procedures established in Chapter 18.16, Variances, for reduced buffer areas on parcels created after adoption of this code. Ao Biological Report. The Director shall require the applicant to submit a biological report prior to development review prepared by a qualified biologist for projects proposed within the buffer areas for the streams identified in Schedule 18.48.020-A. 1. Exceptions. a. The development of one single-family residence on a parcel. The Director finds that significant alteration of naturally occurring vegetation within the affected corridor area has resulted from any of the following actions: (1) The stream adjacent to the proposed development has been channelized. (2) A levee has been constructed to contain flood flows. (3) Significant fill material has been placed within the buffer area. (4) Development has already occurred that alters the characteristics of the required buffer areas. Report Contents. The report shall describe and map (as appropriate) the flora and fauna located within the area proposed for development that is also within a required buffer, including any rare or endangered species found at the site. Appropriate mitigation measures shall be proposed as necessary. IV. 128 Redding Zoning Ordinance Update 3. Required Findings. To approve a reduced setback, the approving authority shall make the following findings: a. The reduced setback avoids, to the extent feasible, riparian vegetation. b. Any impacts to State or Federally listed plant or animal species will be fully mitigated. c. The reduced setback will not pose a threat to streambank stability or increase sediment in the stream. d. The ability to provide public access is not compromised if the Master Trail Plan, or similar document, delineates the creek corridor for trail construction. 4. Appeals. Appeals of setback determinations shall be conducted in accordance with the provisions of Section 18.11.090, Appeals. IV. 129 PART V OVERLAY DISTRICT REGULATIONS Cha ter 18.50: "A" Airport Environs Overla District Sections: 18.50.010 18.50.020 18.50.030 18.50.040 18.50.050 18.50.060 18.50.070 18.50.080 18.50.090 18.50.100 Purpose Zones Established Height Use Restrictions Nonconforming Uses Permits Administration of Provisions Commission--Duties Appeals to Commission Violation--Penalty 18.50.010 Purpose 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 Airpark 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 Airpark and the public investment therein. Accordingly, the following is declared: That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by Benton Airpark. That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented. That the prevention of these hazards should be accomplished to the extent legally possible by the exercise of the police power without compensation. 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. 18.50.020 Zones Established In order to carry out the provisions of this chapter, there are created and established certain zones which include all 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 Airports Director, which is V. 1 Rec~n~ ~n~ Ordnance U~e incorporated in this chapter and made a part of this code. The various zones are established and defined as follows: Ao Approach Zone. An approach zone is established at each end of all noninstrument runways for noninstrument landings and takeoffs. The approach zone shall have a width of 250 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2,250 feet at a distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. Bo Transition Zones. 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 250 feet on either side of the centerline of the noninstrument runway for the length of such runway, plus 200 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 7 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 7 feet horizontally to the points where they intersect the surface of the horizontal zone. Co Horizontal Zone. A horizontal zone is established as the area within a circle with its center at the airport reference point and having a radius of 5,000 feet. The horizontal zone does not include the approach zones and the transition zones. Do Conical Zone. A conical zone is established commencing at the periphery of the horizontal zone and extending to a distance of 8,000 feet from the airport reference point. The conical zone does not include the approach zones and transition zones. 18.50.030 Height 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 provision 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: Approach Zones. One foot in height for each 20 feet in horizontal distance beginning at a point 200 feet from the end of the noninstrument runway and extending to a point 10,200 feet from the end of the runway. o Transition Zones. One foot in height for each 7 feet in horizontal distance beginning at a point 125 feet from the centerline of noninstrument runway, measured at right angles V.2 Red~dng ~ning Ordinance Update to the longitudinal centerline of the runway, extending upward to a maximum height of 150 feet above the established airport elevation, which is 719 feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each 7 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. Horizontal Zone. One hundred fifty feet above the established airport elevation or a maximum height of 869 feet above mean sea level elevation, with a radius of 5,000 feet measured from the airport reference point. Conical Zone. One foot in height for each 20 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 3,000 feet measured on a horizontal plane. 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 45 feet above the surface of the land. 18.50.040 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 communications 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. 18.50.050 Nonconforming Uses ao 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. 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 V-3 Redding Zoning Ordinance Update 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. 18.50.060 Permits io 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 Section 18.50.020 unless a permit 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. 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 75 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 In the area lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 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 18.50.030. B° 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 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Do Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use his/her 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 V-4 Redding Zoning Ordinance Update 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. Hazard Marking and Lighting. If such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, any permit or variance granted may 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. 18.50.070 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. 18.50.080 Commission--Duties The Airport Zoning Commission shall hear and decide appeals from any order, requirement, decision, or determination 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. 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 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 Director and shall be matters of public record. 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. Do 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. V-5 Redding Zoning Ordinance Upda~ 18.50.090 Appeals to Commission io 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. All appeals must be taken within a reasonable time as provided by the rules of the Commission by filing with the Director a notice of appeal specifying the grounds thereof. The Director shall forthwith transmit to the Commission all the papers constituting the record upon which the action appealed from was taken. 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 cause imminent peril to life and property. In such case, proceedings shall not be stayed except by order of the Commission on due cause shown. 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. In conformity with the provisions of this chapter, the Commission may 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. 18.50.100 Violation Penalty Each violation of this chapter or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than $500 or imprisonment for not more than 90 days or both such fine and imprisonment; and each day a violation continues to exist shall constitute a separate offense. V-6 Cha ter 18.51: "FP" Floodplain Overla District Sections: 18.51.010 18.51.020 18.51.030 18.51.040 18.51.050 18.51.060 18.51.070 18.51,080 18.51,090 18.51.100 18.51.110 18.51,120 18.51.130 18.51.140 18.51.150 18.51.160 18.51.170 18.51.180 18.51.190 Purpose Basis for Establishing Areas of Special Flood Hazard General Provisions Uses Prohibited in a Floodway and Flood-Fringe Area Permitted Uses Within the Floodway and Flood Fringe Uses Requiring a Use Permit Within the Floodway and Flood Fringe Permitted Uses Within the City's "FP" District, Outside the Floodway and the Flood Fringe Construction Standards Existing Parcels Application for Encroachment into the Flood Fringe Equal Encroachment Environmental Review Whenever a Floodway or Floodplain is to be Altered or Relocated Warning and Disclaimer of Liability Nonconforming Uses in the Floodway or Floodplain Prohibitions Nuisance Standards for Subdivisions Variances 18.51.010 Purpose 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 regarding 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 human life and health, safety, and welfare. 2. Minimize public and private losses as a product of floods or construction in flood-hazard areas. 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. V-7 Redding Zoning Ordinance Update o o o o 10. 11. 12. 13. 14. 15. 16. Protect riparian corridors along waterways by reducing alterations to the natural floodplain and stream channels. Prohibit filling, grading, dredging, or development which may individually or cumulatively cause flood damage or danger to life or property. Prevent stream erosion which may adversely affect the fisheries of streams and the river or cause loss of property. Prevent the construction of flood barriers which may unnaturally direct floodwaters or raise flood levels thereby increasing flood hazards in other areas. Protect areas of pleasing appearance to the community and visitors, enhance the natural environment through the provision of open space, break up the monotony of continuous urban development, and increase community pride. Make every effort to preserve and improve public access to and along the Sacramento River and creeks for riding, hiking, fishing, and nature observation. Encourage development to occur outside of flood-prone areas. Discourage development within the 100-year floodplain. Reduce public liability and the need for expensive Public Works projects in flood-prone areas. Minimize damage to public facilities and utilities located in areas of special flood hazard. 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. Ensure that adequate capacity for future urban runoff is reserved. Recognize the Sacramento River as an economic resource for tourism, commercial recreation, private recreation, and public enjoyment. Ensure that as a product of any encroachment into the floodplain, flood levels are not significantly raised on other properties. 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. V-8 Redding Zoning Ordinance Update c. Existing and future changes in the velocity of water. d. Impact on adjoining properties. e. Potential for increased erosion upstream or downstream. 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. 1. General Plan consistency. m. 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. 19. Minimize prolonged business interruptions. 20. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. 18.51.020 Basis for Establishing Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September 29, 1989, and accompanying Flood Insurance Rate Maps (FIRMS) with Map Index dated September 29, 1989, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. The FIS and attendant mapping are the minimum area of applicability of this ordinance and are supplemented by the Citywide Storm Drain Master Plan by Montgomery-Watson Engineers dated October 1993. The FIS, FIRMs, and the Montgomery-Watson drainage study are on file at the Development Services Department, 777 Cypress Avenue, Redding, California 96049-6071. 18.51.030 General Provisions A. 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, V-9 Redding Zoning Ordinance Update (2) allowing only limited use and development in the flood fringe, (3) regulating uses and development on 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-carrying capacity of the area of special flood hazard. Accordingly, the regulatory scope of this chapter is as follows: 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 100-year flood or are within the "FP" District of the City limits. These regulations and standards are recommended for all lots meeting the same criteria within the City's sphere of influence. These regulations and standards shall apply to land outside the FEMA floodplain but within the "FP" District if the Planning Commission determines that the proposed development or use of the property bears relationship to the floodplain, has an unprotected lowest floor level of less than 2 feet above the 100-year flood elevation, may adversely affect a designated scenic corridor, or is in an area where a potential of bank undermining exists. Property that 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. Ensure that floodplain development does not unnecessarily adversely affect a scenic corridor or riparian habitat. B. Interpretation 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. Any development within the floodplain, as determined by FEMA or higher floodplain elevation adopted by the Citywide Storm Drain Master Plan, 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 reference; the development standards of this chapter; and any conditions of approval applied to the development. V. IO Redding Zoning Ordinance Update o Where there appears to be a conflict between a mapped boundary and actual field conditions and the conflict cannot be attributed to fill material being deposited to alter the elevations, the Floodplain Administrator and Public Works Director may make interpretations, where needed, as to the exact location of the boundary of the floodway and 100-year floodplain 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 to the Planning Commission. Such appeals shall be reviewed consistent with the variance and exception procedures of Title 44, Section 60.6 of the Rules and Regulations 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 procedures listed in Section 18.51.100. 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. When base flood elevation data has not been provided by Federal, State, or local agencies, the owner shall be responsible for obtaining the information in accordance with Section 18.51.100. o The Public Works Department and Development Services Department will review proposed development to ensure 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 and CDFG's 1601 or 1603 Agreements. 18.51.040 Uses Prohibited in a Flood-Fringe Area Structures or insurable improvements other than those listed in Section 18.51.060 (A) through (D) and Section 18.51.070(A) through (E) shall not be located within the floodway. The following uses in a floodway and flood-fringe area are prohibited unless the area is raised to a height of Flood Protection Elevation (one foot above the base floodplain elevation) based upon an approved application for encroachment: io 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 affect the capacity of the floodway or increase flood heights. Bo The storage or parking of recreational vehicles as defined in Section 18.51.020 within the floodway or floodplain of local streams. V-Il C. Underground storage of toxic or flammable substances that could be injurious to human, animal, or plant life. D. Fences or walls. E. Swimming pool equipment. 18.51.050 Permitted Uses Within the Floodway and Flood Fringe {not requiring a use permit) The following uses are allowed within the floodway and flood fringe, provided they are allowed in the district combined with the "FP" District, meet FEMA development standards, and are approved by all agencies with jurisdiction: A. 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. B. 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. C. Maintenance and repair to existing structures and yards pursuant to Chapter 18.48, Nonconforming Uses, Structures, Sites, Parcels, and Signs, of this code and normal maintenance of existing channels, ditches, or levees. D. Bridges with a design capacity to pass a 100-year flood without impedance of base floodwaters (bridges without piers or abutments in the floodway), taking into consideration full urbanization of the tributary area. 18.51.060 Uses Requiring a Use Permit Within the Floodway and Flood Fringe The following uses may be permitted by use permit in the "FP" District for the area of floodway and flood fringe, provided such uses meet the standards of Section 18.51.080 and Section 18.51.100 and are approved by all agencies with jurisdiction: In the Floodway or Flood Fringe A. Dams or diversions for water supply, flood control, hydroelectric production, irrigation, or fisheries enhancement. Levees and pumping stations. B. Actions approved by the Department ofFish and Game to enhance riparian or wildlife habitat. Streambank stabilization structures. V-12 Redding Zoning Ordinance Update Gravel- and sand-extraction operations along such waterways as Stillwater Creek, Clear Creek, and the Sacramento River when a riparian and fishery reclamation plan has been approved by the Planning Commission and necessary permits have been obtained from the State Department ofFish 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. D. Bridges with piers or abutments in the floodway or flood fringe. Water-related recreational uses not exceeding 30 consecutive days in any one year, excluding recreational uses that create permanent improvements or would result in destruction of banks. In the Flood Fringe Only 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. B. Underground utilities including sewer, water, electric, telephone, and cable lines properly floodproofed. Overhead electric lines greater than 12kV. C. Agriculture and hobby farming, including field crops, orchards, vineyards, and grazing. New residential or substantially improved residential structures, agricultural, commercial, and industrial 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 Floodplain Administrator, City Engineer, Building Official, and Fire Marshal. E. Mobile homes or manufactured homes. F. The storage or parking of recreational vehicles within the floodplain of the Sacramento River. Go 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 and meeting the standards of Sections 18.51.090 and 18.51.100, provided the following are in evidence: 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. V-13 Redding Zoning Ordinance Update Adequate floodproofing and/or flood-protection measures have been installed meeting with the approval of the Floodplain Administrator, City Engineer, Building Official, Fire Marshal, and Planning Commission. 18.51.070 Permitted Uses Within the City's "FP" District, Outside the Floodway and the Flood Fringe The following uses are permitted without a use permit in the "FP" District for the area outside the flood fringe: Any permitted use in the district combined with the "FP" District, provided there is not any encroachment into the base floodplain. The minimum setback from the base floodplain lines shall be 30 feet when adjacent to the Sacramento River where there is moving water. The minimum setback from the base floodplain line shall be 15 feet, when adjacent to any creek. The lowest floor elevation of any habitable structure shall be one foot above the base floodplain elevation, as identified by FEMA or the City's Master Storm Drain Study, whichever is highest, and the structure shall have year-round access not subject to inundation by a base flood of a depth of more than one foot. 18.51.080 Construction Standards Any structures or construction activities within the flood fringe or floodway shall be subject to the following: A. Construction, General No construction or grading is to limit the capacity of the floodway or increase the base flood elevation unless the following requirements are met: Revision to the Flood Insurance Rate Map is prepared by the applicant's engineer and is adopted by FEMA in accordance with 44 CFR 65 to incorporate the increase in the base flood elevation. bo Appropriate legal documents are prepared in which all property owners affected by the increased base flood elevations consent to the impacts on their property. B. Anchoring All new construction and substantial improvements subject to a 100-year flood shall be anchored to prevent flotation, collapse, or lateral movement of the structure. V. 14 Redding Zoning Ordinance Updaxe C. Construction Materials and Methods All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and flood-resistant materials, as specified in FEMA Technical Bulletin 2-93 entitled, Flood-Resistant Materials Requirement, when subject to a 100-year flood. o All new construction and substantial improvements shall use methods and practices that minimize flood damage. All nonstructural elements that function as a part of the structure, such as furnace, hot- water heater, air conditioner, electrical equipment, plumbing fixtures, and other service facilities shall be elevated to one foot above the base flood elevation or to the depth number specified on the Flood Insurance Rate Map (FIRM) or the Citywide Storm Drain Master Plan (whichever is more restrictive), plus one foot. D. Elevation and Flood-Proofing Residential construction, including new or substantial improvement in flood zones A, AE, AO, or Al-30, shall have the lowest floor, including basement, elevated a minimum of one foot above the base floodplain elevation, as determined by the FIRM maps, by the method in Section 18.51.100, or by the Citywide Master Storm Drain Study by Montgomery-Watson Engineers, whichever is more restrictive. The elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or licensed land surveyor per Section 18.51.040(D) (4) and (5). Said certification shall be submitted to the Development Services Department for approval and to verify that certification requirements have been met. o Nonresidential construction, including new or substantial improvement, shall either be elevated consistent with Section 18.51.080(D) (1) or together with attendant utility and sanitary facilities shall be required to do the following: ao Be floodproofed below the elevation recommended under Section 18.51.090(D) (1) so that the structure is watertight with walls substantially impermeable to the passage of water. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Co Be certified by a registered professional engineer, licensed land surveyor, or architect that the standards of this subsection and the standards required in FEMA Technical Bulletin 3-93, entitled Nonresidential Floodproofing Requirements and Certification are satisfied. Such certifications shall be provided to the City's Development Services Department. V-15 o All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access, or storage and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must meet the specifications in the FEMA Technical Bulletins 1-93 and 7-93, entitled Openings in Foundation Walls and Wet Floodproofing Requirements, respectively, and/or exceed the following minimum criteria: a. Be certified by a registered professional engineer or architect. bJ · Have a minimum of two openings on different sides of the structure, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, vanes, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. An Elevation Certificate for residential construction (FEMA Form 81-31) of the lowest adjacent grade and lowest floor, based on construction drawings, shall be required prior to issuance of a building permit. Prior to pouring a foundation, the engineer shall provide written verification that the foundation form elevations are consistent with elevations shown on approved construction drawings. A second certification of the elevation of the lowest floor and utilities is required at the time of finished construction prior to final building permit approval (prior to occupancy). The Elevation Certificates must be prepared by a licensed land surveyor, registered professional engineer, or architect who is authorized by State or local law to certify elevation and shall be approved by the Development Services Department. Failure to submit elevation certification shall be cause to issue a stop-work order for a project. An Elevation Certificate (FEMA Form 81-31) or a nonresidential Floodproofing Certificate (FEMA Form 81-65) for nonresidential construction is required prior to issuance of a building permit. Prior to pouring a foundation, the engineer shall provide written verification that the foundation form elevations are consistent with elevations shown on approved construction drawings. A second Elevation Certificate is required at the time of finished construction, prior to the final building permit. E. Standards for Utilities All new and replacement water-supply and sanitary-sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. o On-site, waste-disposal systems shall be located to avoid impairment to them or contamination from them during flooding. V46 Redding Zoning Ord/nance Update F. Standards for Levees Design criteria for levees shall incorporate adequate design, operation, and maintenance systems to provide protection from the base flood. The following requirements must be met: ao Freeboard. Riverine levees must provide a minimum freeboard of 3 feet above the water-surface level of the base flood. An additional one foot above the minimum is required within 100 feet of either side of structures (such as bridges) riverward of the levee or wherever the flow is constricted. An additional 1/2 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. G. Standards for Manufactured Homes All manufactured homes that are placed or substantially improved within Zones A, AO, Al-30, AE, or AH on the Flood Insurance Rate Map or in the 100-year floodplain as identified on the Citywide Storm Drain Master Plan shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base floodplain elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement. 18.51.090 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 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 5,000 square feet, whichever is less, may seek relief as follows: A. Petition to encroach into the flood fringe pursuant to Section 18.51.100. Seek a use permit to reduce any required setback by 50 percent, provided the floodplain area is placed in an open-space easement or dedicated to the City. 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 10 acres dedicated. Floodplain areas claimed by the State of California (Reclamation Board's designated floodway) 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 5 acres or more in the City subject to the following: Any dwelling-unit credit must be used within 5 years of the date approved by the City Council. V-17 Redd~ng ~ning Ch'd~nance Update The density of the recipient property is not increased by more than 20 percent above what the Redding General Plan otherwise would allow. The dwelling-unit credit would not change the intended use shown by the General Plan. For example, single family would not become multiple family. o The development of the recipient property meets all other standards of the City pertaining to the property. 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. 7. The fringe area shall be calculated as follows: ao The base floodplain elevation and the edge of floodway shall be plotted on a 1- to 4-foot interval contour map of the property. The area then bounded by the edge of floodway, edge of base floodplain, and property lines shall then be planimetered to calculate the flood fringe. That number shall then be divided by 10 and reduced to the nearest whole number. In the event the flood-fringe area is less than 10 acres, one dwelling unit credit can be given. o Any offer to dedicate flood fringe shall also include any adjacent floodway under the same ownership. 9. Areas that are surrounded by floodway are not considered eligible for density credit. 18.51.100 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 and Specifications for Study Contractors prepared by FEMA, dated January 1995, or as subsequently 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, HEC-RAS, HEC-HMS, HSPF, or other identical models. The City shall also require that calculations include the runoff from projected upstream urbanization of the tributary area, which may be obtained from the HEC-1 (HEC.HMS) hydrograph model. Except along the Sacramento River, 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 V. 18 sensitivity analysis of rainfall and runoffparameters impacts using HEC-1 (HEC-HMS). The results of the estimated frequency curve of the base flood event and resulting surface-water analysis shall be compared with a frequency chart using a 90 percent confidence limit and curves of standard deviations from the mean versus the frequency exceedance range, showing bands of confidence ranging from .05 t© .95. Except along the Sacramento River, the assessment shall also include calculations and cross sections with a minimum interval of 100 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. 18.51.110 Equal Encroachment All requests for encroachments into a floodplain shall, to the greatest extent possible, 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 or 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. 18.51.120 Environmental Review Any application for encroachment into a flood-fringe area shall be subject to environmental clearance under the California Environmental Quality Act (CEQA). 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 shall be subject to an environmental impact report. The environmental impact report shall evaluate the area needed to make a determination, taking into consideration the cumulative and long-term impact of the proposed encroachment, the relationship of the project to the purpose of this chapter, and alternatives to the proposed project. 18.51.130 Whenever a Floodway or Floodplain 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 floodway or floodplain, submit evidence of such notification to the Federal Emergency Management Agency in a request for a Conditional Letter of Map Revision (CLOMR), and ensure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained. Preparation of the Conditional LOMR application by the applicant's engineer and approval of the Conditional LOMR by FEMA will be required prior to issuance of a grading permit or building permit. Approval of the Final LOMR is typically required prior to Final building permit approval (Certificate of Occupancy). V. 19 Redding Zoning Ordinance Update 18.51.140 Warning and Disclaimer of Liability The degree of flood protection required by this chapter is considered 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 1 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 or employee thereof, the State of California, or the Federal Insurance Administration of the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. 18.51.150 Nonconforming Uses in the Floodway or Floodplain If any nonconforming use or structure within the floodway is destroyed by any means, including floods to an extent of 50 percent or more of its market value as defined in Section 18.51.020, it shall not be reconstructed. Within the flood fringe, a structure may be reconstructed pursuant to the Nonconforming Uses, Structures Section of the City's Zoning Code, provided that upon reconstruction, the structure is adequately and safely floodproofed, elevated, or otherwise protected in conformity with the requirements of this ordinance. 18.51.160 Prohibitions No building permit, license, certificate, or other approval or entitlement shall be issued or given by the City or any department or employee thereof with respect to any improvement until the design of the improvement has been approved, as provided in this chapter, and the 100-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 Development Services Department has certified that the improvement has been completed in accordance with the use permit approved pursuant to this chapter. 18.51.170 Nuisance io Any improvement constructed, located, repaired, altered, or maintained contrary to the provisions hereof, after the effective date of this chapter, is hereby 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 this 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. Any grading or filling within the floodplain contrary to the provisions of this chapter is hereby declared unlawful and a public nuisance. V.20 Redd/ng Zoning Ordinance Up~e When the City Engineer has been made aware of 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 30 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 9 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 compliance has been achieved. Within 30 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 implemented. 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. 18.51.180 Standards for Subdivisions 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 base flood elevation; or all lowest floor elevations, including basements, shall be at least one foot above the base floodplain elevation. Both the tentative and final maps 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 18.51.140. All final subdivision plans will provide the elevation of proposed structures, pads, and adjacent grade. If the site is filled above the base floodplain, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the City Engineer and shown on the final map. Approval of a Conditional Letter of Map Revision (CLOMR) by FEMA shall be required prior to grading. 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 floodplain elevation established with consideration of the tentative map. V.21 Redding Zoning Ord/nance Update 18.51.190 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 Commission 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. o The susceptibility of the proposed facility and its contents 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. o The availability of alternative locations for the proposed uses that are not subject to flooding or erosion damage. 7. The compatibility of the proposed use with existing and anticipated development. 8. The relationship of the proposed use to the comprehensive 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. Do Generally, variances may only be issued for new construction and substantial improvements to be erected on a lot of ',4 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 section have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. V.22 Redding Zoning Ordinance Update Upon consideration of the factors of Section 18.51.190(C) 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. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration of the Federal Emergency Management Agency in the biennial report. G. Conditions for Variances: Variances may be issued for the repair, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, provided that the proposed repair, rehabilitation, or restoration will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Variances shall only be issued upon: 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. A determination that failure to grant the variance would result in exceptional hardship to the applicant. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create nuisances; cause fraud on or victimization to the public; or conflict with existing local laws or ordinances. 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 floor 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 floor elevation. It is recommended that a copy of the notice be recorded by the Floodplain Administrator in the Office of the Shasta County Recorder and be recorded in a manner so that it appears in the chain of title of the affected parcel of land. V.23 Cha ter 18.52: "MR" Mineral Resources Overla District Sections: 18.52.01 18.52.02 18.52.03 18.52.04 18.52.05 Purpose Land Use Regulations Development Regulations Zoning Map Designations Review of Plans 18.52.01 Purpose The specific purposes of the "MR" Mineral Resources Overlay District are to: 2. 3. 4. Provide sites for mineral resource extraction activities in the overlay area. Ensure that appropriate, compatible uses are allowed. Ensure that there is an ultimate reuse plan. Prevent adjacent uses from being impacted. 18.52.020 Land Use Regulations Schedule 18.52.02.A establishes land use regulations that are in addition to the regulations of the base district with which the "MR" Overlay District is combined. The "P" designates permitted uses. The "S" designates use classifications that are permitted after review and approval of a site development permit by the Board. The "U" designates use classifications that are permitted after review and approval of a conditional use permit for development in the "MR" Overlay District by the Planning Commission. Development proposals not approved are limited to the residential densities and uses allowed by the underlying zoning district. Use classifications are defined in Chapter 18.60, Use Classifications. Use classifications not listed or substantially similar to the use in Schedule 18.52.02-A or paragraph A of this section are prohibited. Residential Uses 1 du per 40 acres Single Family S Public and Semipublic Uses Park & Recreation Facilities U Public Safety Facilities U Commercial Uses Utilities, Major U Utilities, Minor P Agriculture and Extractive Uses Crop and Animal Raising P See Chapter 18.44 Mining and Quarrying C Accessory Uses and Structures See Section 18.43.020 V.2, Redding Zoning Ordinance Update Temporary Uses See Chapter 18.17 Nonconforming Uses See Chapter 18.46 A. Additional Uses Allowed in the "MR" Overlay District. The following uses may be established subject to approval of a use permit. Uses allowed by right or by discretionary permit as reflected in the regulations of the base district. o Storage, stockpiling, distribution, and sale of rock, sand, gravel, aggregate, earth, clay, and similar materials. o The installation and operation of plants or apparatus for rock or aggregate crushing or cement treatment of base materials and appurtenant screening, blending, washing, loading, and conveyor facilities. 4. Concrete batching plants and mixing plants. 18.52.030 Development Regulations The uses shall be in compliance with the following standards: A. Dust Control. Roads, driveways, and parking areas on the site shall be maintained so as to control dust. Bo Screening. Extracting and processing operations shall be screened in a manner that they are not readily visible from any public street. Screening shall be set back at least 20 feet from any intersection of driveways, streets, or sidewalks. Co Drainage and Erosion Control. Surface drainage shall be controlled to prevent the addition of silt or loose material above that naturally occurring in any existing drainage course or encroaching upon adjoining property and improvements. All provisions to control watercourses shall be designed to prevent overflow or diversion of water away from the natural point of discharge. Do Reclamation Schedule. Reclamation of each area shall commence as soon as excavation operations or other sand- and gravel-related operations have been completed within an area and continue in a diligent manner prior to, or concurrently with, the extension of excavation operations to a new area. Eo Removal of Buildings and Equipment. Buildings and equipment used in surface mining and quarrying operations shall be removed within 6 months of the termination of surface mining and quarrying operations on the site. V-25 Fo Setbacks from Creeks and Riparian Areas. Minimum setbacks shall be as required by the General Plan (see Natural Resources Element, Figure 3-3); setback areas are to be clear of buildings, impervious surfaces, and active play areas. Passive use areas, bikeways, and trails may be located adjacent to riparian corridors subject to environmental review. 18.52.040 Zoning Map Designation Each "MR" Mineral Resources Overlay District shall be shown on the zoning map by an "MR" designator applied to the base district designations, numbered and identified sequentially by order of enactment and referenced to the enacting ordinance. V.26 Cha ter 18.53: "PD" Planned Development Overla District Sections: 18.53.010 18.53.020 18.53.030 18.53.040 18.53.050 18.53.060 18.53.070 18.53.080 18.53.090 18.53.100 Purpose Applicability; Zoning Map Designator and Planned Development Plan Required Separate Subdivision Approval Required Initiation; Required Plans and Materials Duties of the Planning Commission Required Findings Conditions Effective Date Amendments to the Planned Development Plan Lapse of Approval; Revocation; Renewal 18.53.010 Purpose The "PD" Planned Development Overlay District and the Planned Development Plan are intended to facilitate development of properties designated for residential and commercial uses and for those areas designated as mixed-use neighborhood overlay areas in the General Plan. This process is used where greater flexibility in design is desired to provide a more efficient use of land than would be possible through strict application of conventional zone or land use district regulations. This flexibility also facilitates excellence in project design that may not otherwise be achieved under the provisions of the base zoning districts. 18.53.020 Applicability; Zoning Map Designator and Planned Development Plan Required A "PD" District shall be noted by the designation "PD" applied to the base zoning district designation on the Zoning Map. The minimum area for a district is one acre. It may be initiated by the City Council or the Planning Commission or by an applicant under the procedures established in Chapter 18.18, Amendments to the Text or Map. A Planned Development Plan shall be required for all development, consistent with the provisions of this chapter. No grading permit may be issued or subdivision map approved unless a Planned Development Plan has been approved. Applicant-Initiated. When a planned development overlay district is initiated by an applicant, the application shall also include submittal of an application for approval of a planned development plan. The Planning Commission shall review the rezoning request and the Planned Development Plan and shall recommend approval, denial, or conditional approval to the City Council. If the City Council does not deny the request, it shall approve or conditionally approve the Planned Development Plan by resolution at the same time that it adopts an ordinance establishing a "PD" Overlay District. Where Planned Development Plans have been approved, such approval shall be indicated on the Zoning Map by numbers following the "PD" designation that shall refer to the resolution approving the plan. Vo27 Redding Zoning Ordinance Update City-Initiated. The City Council may rezone any property it determines appropriate to "PD" Planned Development Overlay District in accordance with the procedures established in Chapter 18.18, Amendments to Text or Map. All subsequent development shall require submittal of an application for a Planned Development Plan as required by Section 18.53.040 of this chapter. In such instances, the Planned Development Plan shall be denied' or approved or conditionally approved by the Planning Commission without City Council action. The Planning Commission resolution approving the permit shall be indicated on the zoning map. 18.53.030 Separate Subdivision Approval Required An application for rezoning to the "PD" Planned Development Overlay District and/or approval of a Planned Development Plan shall not constitute an application for subdivision. If a subdivision of land is proposed in conjunction with a Planned Development Plan, separate application, review, and findings shall be made in accordance with the provisions of the code. Consideration of the tentative or parcel map, the Planned Development Plan, and the rezoning request (if applicable) shall be conducted concurrently. 18.53.040 Initiation; Required Plans and Materials An application for approval of a Planned Development Plan will be accepted and processed in the same manner as a use permit application (Chapter 18.14), although additional information is required to be submitted in order to determine that the intent of this title and the General Plan will be fulfilled. Preapplication Procedure. Prior to submitting an application for a Planned Development Plan, the applicant shall schedule a preapplication review conference with the Director to discuss the general acceptability of the proposal, possible problems that may be encountered, and the need for any interagency coordination. Such preliminary consultations shall be relative to a conceptual development plan submitted by the applicant. At the Director's option, the conceptual plan may be referred to the Planning Commission for preliminary comments. Such comments shall be considered advisory in nature and shall not constitute a recommendation of approval. 2. Applications for a Planned Development shall contain the following: A complete application form and the required fee and attachments. If the property is not under single ownership, all owners shall join in the application. bo A map showing proposed Planned Development boundaries and the relationship of the area to uses and structures within a 300-foot radius of the plan area boundaries. V~28 Redding Zoning Ordinance Update A map of the Planned Development area showing sufficient topographical data to indicate clearly the character of the terrain; drainage patterns; and the type, location, and condition of mature trees and other natural vegetation. A site plan indicating the existing and proposed uses, building locations, gross floor area, lot coverage, parking and density and a circulation plan for vehicles, bikes, and pedestrians. eo A preliminary development schedule, indicating sequence and timing of development. Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, and landscape concepts. On slopes over 8 percent, sections showing the relationship of the proposed building envelopes to the topography. A statistical summary of amount (in square feet or acres) and percentage of project site of total open space, private open space, common open space, and usable open space as applicable. Description of all open-space areas and proposed recreational amenities. 18.53.050 Duties of the Planning Commission and City Council Public Hearings Required. The Planning Commission and/or City Council, as required, shall conduct public hearings and hear testimony for and against the application(s). A public hearing may be continued to a definite date and time without additional public notice. Bo Decision and Notice. Within 10 days of the conclusion of a public heating, notice of approval or denial, including recommendations of approval or denial of the application(s), shall be mailed to the applicant and any other party requesting such notice. Co Modification to Standards of this Code. The City Council or Planning Commission may approve a Planned Development Plan that deviates from the lot size, setback, height, and other physical limitations defined in the base district or other provisions of this code provided that the approving body makes the findings required in Section 18.53.060. Deviations from the land use regulations of the base district with which the "PD" overlay district is combined are permitted where they result in implementation of General Plan policies related to providing a mix of residential products within a development and/or providing small-scale neighborhood services. The density/intensity allowed by the Planned Development Plan may not exceed the maximum density/intensity allowed by the General Plan for the development site. V.29 Redding Zoning Ordinance Update 18.53.060 Required Findings The approving body may approve an application for a Planned Development Plan only upon making all the following findings: The proposed development is consistent with the goals, objectives, policies, standards, and programs of this code and of the General Plan and any applicable specific plan, including density and intensity limitations that apply. o The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscape, and other features required. o The site for the proposed development has adequate access considering the limitations of existing and planned streets and highways. o Adequate public services exist or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of such public services to properties so as to be a detriment to public health, safety, or welfare. o The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the existing and planned land use character of the surrounding area. ° The improvements required and the manner of development adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, fire, and slope hazards. The proposed development carries out the intent of the Planned Development provisions by providing a more efficient use of the land and an excellence of architecture and site design greater than that which could be achieved through the application of the base district regulations. 18.53.070 Conditions In approving a Planned Development Plan, the approving body shall require that the use and development of the property conform with a site plan, architectural drawings, and statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety, or general welfare and to secure the objectives of the General Plan. The approving body may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters: V. 30 Re&ling Zoning Ordinance Update 1. Setbacks, yard areas, and open spaces. 2. Fences, walls, and screening. 3. Building materials, built-in fire protection, and architectural treatments. Parking, parking areas, and vehicular ingress and egress, in addition to the minimum requirements of Chapter 18.41, Off. Street Parking and Loading. 5. Common and private open space, landscape, and maintenance of landscape and grounds. Such other conditions as may be determined to ensure that development will be in accordance with the intent and purposes of this chapter and the General Plan. Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the City. The City may also require that proposed Homeowners Association documents be submitted for review and approval of the City Attorney prior to submittal to the State Department of Real Estate. 18.53.080 Effective Date A Planned Development Plan shall become effective concurrent with the Planned Development Overlay zoning if approved simultaneously by the City Council or upon expiration of the appeal period if approved by the Planning Commission. 18.53.090 Amendments to/Deviations from the Planned Development Plan The Director may approve minor modifications to a Planned Development Plan ff the modifications are consistent with the standards/regulations of the intent of the district. Minor modifications may not include dimensional waivers of more than 10 percent. The Planning Commission may approve other amendments to a Planned Development Plan in accordance with the procedures set forth in Chapter 18.14, Use Permits, and conducting a public hearing consistent with the process described in Chapter 18.11, Common Procedures. 18.53.100 Lapse of Approval; Revocation; Renewal The lapse of approval, revocation, and renewal of a Planned Development Plan shall be governed by the procedures set forth in Chapter 18.11, Common Procedures. If the Planned Development Plan is revoked for any reason, the City Council may, at its discretion, initiate a rezone of the property to its base district designation. V.31 Chapter 18.54: "MU" Mixed Use Overlay District Sections: 18.54.010 18.54.020 18.54.030 18.54.040 18.54.050 18.54.060 18.54.070 Purpose Applicability and Zoning Map Designator Mixed Use Development Plan/Application Land Use Regulations Development Standards Required Findings Design Review 18.54.010 Purpose The purposes of the Mixed Use Overlay District are to: Provide a tool to encourage and facilitate redevelopment of certain areas by allowing a variety of commercial and residential uses that can be developed in a compatible manner. 2. Ensure that the mix of uses will be successfully integrated into desirable, cohesive districts. o Encourage medium-density residential development to occur in areas in close proximity to employment and services. 4. Establish sites of sufficient size to allow flexibility in achieving the standards of this chapter. 18.54.020 Applicability and Zoning Map Designator The "MU" Mixed Use Overlay District may be combined with any residential, office, or commercial district at locations determined appropriate by the City Council in conjunction with the adoption of a neighborhood plan, specific plan, redevelopment plan, or similar document. It may be initiated by the Planning Commission or the City Council or by a petition of property owners under the procedures established in Chapter 18.18, Amendments to the Text or Map. If initiated by property owners, the petition shall include a "mixed use development plan," prepared in accordance with Section 18.54.030. The minimum size of the overlay district shall be 1 acre. 18.54.030 Mixed Use Development Plan/Application Applicants for mixed-use projects shah submit the following to the Director: A. A complete application form, fee, and required attachments. B. A site plan or plans depicting the existing and proposed uses, building locations, gross floor area, lot coverage, parking, landscaping, and delineation of commercial/office uses V-32 Redding Zoning Ordinance Update and residential densities. A circulation plan for vehicles and pedestrians shall be provided as may be appropriate based on the scale of the project. C. Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, building elevations, and landscape concepts. Mixed-use development applications shall be processed as use permits in accordance with the provisions of Chapter 18.14, Use Permits. 18.54.040 Land Use Regulations Appropriate land uses in this overlay district are those uses listed in Schedule 18.31.020.A pertaining to the "RM" District for residential uses and Schedules 18.32.020-A and 18.33.02-A for office and commercial uses, respectively. In approving an "MU" Overlay District, the City Council may delete permitted or conditionally permitted uses, may designate conditionally permitted uses as permitted uses, or may require site development permits or use permits for all uses. 18.54.050 Development Standards Where a property is zoned "MU," development standards provided in the applicable plan or document described in Section 18.54.020 shall supercede the development regulations of this code. If a standard is not addressed by the applicable plan or the ordinance classifying the property as "MU," the remaining provisions of this code shall prevail. However, the Planning Commission may approve a plan that deviates from the density, floor area ratio, lot size, setback, height, parking, signage, and other physical limitations defined in the base district or other sections of this code, provided it makes the findings required under Section 18.54. 060. In order to ensure that development which occurs in the overlay district is compatible with the intent of this chapter and surrounding structures and uses, developments shall comply with the following principles: Recognize, and be generally consistent with, the scale and character of adjacent structures and developments, and include the continuation or integration of existing facade treatments where appropriate. o Provide building forms and massing, varied roof lines, ornamentation, color, and other elements which complement and enhance the neighborhood. Provide street frontages which emphasize the buildings' street facades as major elements of the overall streetscape and neighborhood and include, as appropriate, colonnades, arcades, awnings, and other weather-protection elements along all pedestrian corridor frontages. V-33 Link exterior spaces (courtyards, arcades, plazas, walkways, etc.) to buildings and adjacent properties. 5. Provide reasonable pedestrian-oriented connections to the surrounding neighborhood. Provide vehicle links between adjacent properties where appropriate; utilize joint driveway configurations. Locate second-story windows and decks to protect the privacy of any adjoining single-family district where feasible. 18.54.060 Required Findings The Planning Commission may approve a mixed-use development use permit only upon making the following findings in addition to the use permit findings required by Section 18.14.070: A. The proposed development is consistent with.the General Plan. The site for the proposed development is adequate in size and shape to accommodate said uses, densities, and intensities of development and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscape, and other features required. Co The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the existing and planned land use character of the sun'ounding area. D. The traffic generated by the proposed development and the public services and facilities required can be provided by existing and planned infrastructure. 18.54.070 Design Review To ensure that the type, arrangement, and design of uses meet the intent of this chapter, the General Plan and any adopted neighborhood, redevelopment, or specific plan that is linked to the "MU" District, the provisions of Chapter 18.56, "DR" Design Review Overlay District, may be imposed by the City Council by rezoning the property to the "DR" District concurrently with the "MU" District. V-34 Chapter 18.55: "MU-N" Mixed Use Neighborhood Overla , Sections: 18.55.010 18.55.020 18.55.030 18.55.040 18.55.050 18.55.060 18.55.070 Purpose Applicability and Zoning Map Designator Land Use Regulations Mixed Use Neighborhood Development Plan Development Regulations Phasing Approval Procedure 18.55.010 Purpose The specific purposes of the "MU-N" Mixed Use Neighborhood Overlay District are to: Ac Provide sites for new neighborhoods with a mix of land uses in a compact pattern in order to reduce dependency on automobiles; improve air quality; and promote high-quality, interactive communities, consistent with the General Plan. Allow for: (1) a greater variety of uses, (2) flexibility in site planning and development regulations, and (3) greater intensity of land use than as generally permitted in other zoning districts. C. Ensure an appropriate mix and intensity of uses with a dense concentration of activity in the core and lower densities extending outward. D. Establish appropriate standards to foster compact, pedestrian-oriented development; provide landscape and buffering between incompatible uses. 18.55.020 Applicability and Zoning Map Designator The "MU-N" Mixed Use Neighborhood Overlay District may be combined with any"R" District and applied to an area at least 20 acres, but not more than 160 acres, in size that is designated as a "Mixed Use Neighborhood" by the General Plan. It may be initiated by the Planning Commission or the City Council or by a petition of property owners under the procedures established in Chapter 18.11, Common Procedures. The minimum size of the overlay district may be reduced if the Planning Commission determines that a lesser acreage fulfills the intent of this code and the General Plan given the circumstances peculiar to the site. V-35 Re&//ng Zoning Ordin~c~' Up're 18.55.030 Land Use Regulations Uses permitted in a mixed-use neighborhood shall be those identified in and established by the approval of a Mixed Use Neighborhood Development Plan. Such use shall be limited to those consistent with the intent of this chapter and the General Plan, but will generally consist of those office and commercial uses allowed in the "LO," "NC," "SC," and "GC" Districts, and those residential and other uses allowed in the "RM" and "RS" Districts. No subdivision of land for commercial uses or residential uses exceeding the residential density of the base district with which the "MU-N" District is combined is permitted except in accord with an approved Mixed Use Neighborhood Development Plan. 18.55.040 Mixed Use Neighborhood Development Plan Approval of a Mixed Use Neighborhood Development Plan is required as a precondition of any commercial development or residential development exceeding the densities for the base district within which the "MU-N" Overlay District is combined. The plan shall include a text and diagram or diagrams that contain all the elements required in Section 18.53.040(2), Planned Developments, and which address the following: A. Compatibility. The development shall be consistent with the General Plan and compatible with surrounding development Proposed Location of Core and Residential Development Areas. The plan shall indicate the precise location of the core, residential development areas, and public areas and shall indicate the minimum and maximum densities and intensities for these areas, as appropriate. Proposed uses, both commercial and residential, and their location within the project shall be indicated as shall all ancillary and accessory uses, such as parking and loading facilities. C. Circulation System. The vehicular and pedestrian circulation system shall be clearly shown, including links to on-site public transit stops/stations. Proportion and Intensity of Uses. In order to ensure an appropriate mix of uses within proposed developments, the minimum desired percentage of a proposed development site that is required for each land use component and the desired average residential density and commercial floor area ratio (FAR) are shown in Schedule 18.55.030-A. The maximum residential densities and FARs shall be as prescribed by the Mixed Use Neighborhood Development Plan, but shall not exceed 2 times the minimum densities and minimum FAR. V.36 Redding Zoning Ordinance Update Eo Schedule 18.55.030-A: Proportion of Uses Mixed Use Core 10%~ 12.0 dwelling units/acre; 0.40 Residential2 50% 8.0 dwelling units/acre Public 10% N/A Notes: ~ Up to 100,000 square feet of commercial may be allowed. The size of the commercial core may be reduced in neighborhoods of less than 50 acres. 2 Maximum residential density--24.0 dwelling units per acre. Mix of Uses. To meet the intent of the General Plan, a mix of uses shall be provided and reflected in the Mixed Use Neighborhood Plan. Wide latitude is afforded by this code in development of a plan. However, certain components are critical in ensuring that the intent of the General Plan is met. These include the following: M/xed Use Core. Each Mixed Use Neighborhood shall have a mixed-use core area containing commercial space that occupies at least 10 percent of the site area. Retail space at least in proportion to the size of the development must be provided. The core area shall include: a. A centrally located transit stop. bo In larger neighborhoods, street-level retail space that forms a pedestrian "main street," with appropriate signage, street furniture, storefront and display windows, and similar design considerations. Co Services such as convenience shopping; a neighborhood center with a supermarket, drugstore, and supporting uses; and/or a specialty retail center. do Housing at an overall density of at least 12 units per acre. Housing may be provided above ground-level businesses and on stand-alone sites within the core. The requirement for housing within the core area may be waned for projects with a core that is less than 8 acres in size upon finding that residential uses cannot be physically or economically integrated into mixed-use structures because of the small size or scale of development, site access, or other limitations. eo Residents, employees, and transit users should be able to easily walk or bike to jobs, stores, and service providers located in the Mixed Use Core. Commercial uses shall not be permitted outside the core area. Residential uses may be in separate buildings or over commercial uses. ° Residential Area. The residential areas must incorporate an average minimum gross density of 8 dwelling units per acre that will allow a mix of small-lot single family, town V-37 Redding Zoning, Ordinance Update homes, and apartments. These areas must be pedestrian in scale, generally not more than ¼ mile in radius, and must provide direct and easy access to the core area. While housing diversity is desired, this density requirement can be achieved using only a single product type. Townhouses and courtyard housing should be used as a transition between commercial areas and lower-density residential areas. Public Use. The public land use shall include parks, plazas, squares, town halls, and/or other community facilities that are open to the public and contribute to the civic or recreational life of the neighborhood. Public areas may be publicly or privately owned. Public uses shall be the focus of the neighborhood and should be located next to public streets, residential areas, and retail uses. Adjacent residences and businesses should have opportunities for views into the public areas. Neighborhood Square. Each Mixed Use Neighborhood must include a neighborhood square serving as the social focal point for the community. The neighborhood square and land uses fronting the square must conform to the following standards: Central Location. Each neighborhood square should be located within 1,000 feet of the geographic center of the neighborhood and within ¼ mile of 90 percent of the neighborhood housing. Ideally, the square will be located within the Mixed Use Core. b. Minimum Size. One acre. Adjacent Land Uses. Uses fronting the square may include a community service facility, cultural institution, day care center, parks and recreation facilities, post office, other public and semi-public uses, and neighborhood store with a maximum gross floor area of 1,500 square feet adjacent to one side of the square. do Perimeter. A neighborhood square must have at least 50 percent of its perimeter adjacent to street rights-of-way. Through Streets. A neighborhood square must be located at the intersection of through streets or other streets which extend beyond the boundaries of the neighborhood proper. f. Parking. Thirty percent of the neighborhood square may be used for paved parking. 18.55.050 Development Regulations A. Residential. To improve the human scale of the street, single-unit homes shall be designed so that the front door entrance of each home is closer to the street than the garage door. V~38 Redding Zoning Ordinance Update B. Mixed Use Core. Street Orientation. Commercial and mixed-use buildings shall be oriented so that functional pedestrian entrances face the street and parking areas are located underground or to the rear or side of the building. Pedestrian Paths. Pedestrian paths shall be provided to connect commercial building entries with adjacent streets, uses, and parcels. Pedestrian paths should be visually distinguishable from other hardscape and should be separated from parking areas by wheel stops, curbs, landscape, or other physical barriers, except when crossing driveways or aisles. Transparency. Along predominantly retail streets in the Mixed Use Core component, a minimum of 50 percent of the street wall area between 3 and 10 feet above the sidewalks shall be transparent with clear glass visible into a commercial or residential use. Windows or other transparency into a garage or similar area shall not qualify toward the minimum transparency requirement. Building Articulation. Building facades shall be varied and articulated to provide visual interest to pedestrians. This can be accomplished by methods including: offsetting planes, changes in wall texture and color, special architectural elements, provision of plazas and courtyards, and the use of trees and vines. C. Streets and Sidewalks. Street Pattern. The layout of the street system shall be in a grid pattern or modified grid pattern, emphasizing interconnected streets and the ability to reach local destinations without crossing major or arterial streets. It is desirable to have streets with block faces 400 feet in length or less. The use of alleys is encouraged. Where possible, streets should frame vistas of the Mixed Use Core, public buildings, parks, and natural features. Street Trees. The design of the public right-of-way should provide for the planting of street trees adjacent to the curb in parkways or tree grates, as appropriate. Street Width. The number and width of travel lanes should be reduced to the extent feasible in accordance with any applicable street-design standards and public-safety considerations as determined by the City Engineer and Fire Marshal. 18.55.060 Phasing Development Phasing Plan Required. For any development that is proposed to be constructed in phases, the applicant shall submit a development phasing plan that specifies the chronology of development, including structures, public facilities, and infrastructure. Projects V-39 Redding Zoning Ordinance Update shall be phased so that supporting public facilities and infrastructure are provided concurrent with their need and are completed before occupancy of structures. Bo Public Area Reservations and Development. Public plazas, squares, halls, and other areas used to satisfy the public use component shall be reserved concurrent with the initial phase of development. These reserved areas shall be developed concurrent with any abutting development. Co Commercial Component Phasing. If the initial phase of development does not include commercial uses, the approving authority shall apply conditions on the phasing of commercial uses so that some portion of the commercial component is provided before completion of the residential component. 18.55.070 Approval Procedure Application for a mixed use neighborhood shall include: (1) application for"Planned Development" zoning if not already so zoned, (2) submittal of an application in a form prescribed by the Director, (3) submittal of the Mixed Use Neighborhood Development Plan, and (4) submittal of a subdivision application, as appropriate. The approval process and findings shall be the same as those required of a Planned Development as addressed in Chapter 18.53, "PD" Planned Development Overlay District, with the addition of the following findings: The "MU-N" District will enhance the potential for high-quality interactive neighborhoods with an appropriate mix of uses and interconnected streets and pedestrian amenities in comparison with the development under the base district regulations that would apply ffthe conditional use were not approved. o Deviations from the base district regulations are justified by compensating benefits of the "MU-N" District. V-40 Cha ter 18.56: "DR" Design Review Overla District Sections: 18.56.010 18.56.020 18.56.030 18.56.040 18.56.050 18.56.060 18.56.070 Purposes Applicability and Zoning Map Designator Permit Required Exemptions Development Standards Findings Design Review Committee 18.56.010 Purposes The purposes for establishing the "DR" Design Review Overlay District are as follows: Ao Identify on the zoning map those properties where special design criteria or standards have been established in conjunction with City Council action or where there is approval or adoption of a specific plan, area plan, neighborhood plan, redevelopment plan, or similar planning effort. B. To ensure that project design is consistent with adopted criteria or standards as may be required by an applicable plan as identified above or otherwise established by City Council resolution. 18.56.020 Applicability and Zoning Map Designator Where the City Council has established that development applications must undergo design review within a specified area, such area shall be so designated on the zoning map by modifying the base district with the "DR" indicator. 18.56.030 Permit Required A site development permit or use permit shall be required for all uses within the "DR" District. The Land Use Regulations and Permit Requirements for New Developments schedules for the base zoning district shall determine which of these permit processes will be required for a given application. Where those regulations and requirements do not require a discretionary permit, a site development permit issued by the Board of Administrative Review shall be required. 18.56.040 Exemptions Single-family residences on existing parcels, interior remodels, interior tenant improvements, and routine repair and maintenance provided that the work does not exceed 15 percent of the structure's replacement value in any one-year period. V.41 Redding Zoning Ordinance Updaxe 18.56.050 Development Standards In addition to the other applicable requirements of this code, the design and construction of all improvements shall be consistent with the established design criteria or standards to which this chapter applies. 18.56.060 Findings Upon receipt of an application, the approving authority shall review the proposed project and determine if the project meets the following findings: A. The project as approved is in substantial compliance with adopted criteria and/or standards applicable to the property. The findings required by Chapter 18.13, Site Development Permits, or Chapter 18.14, Use Permits, as applicable, shall be in evidence. 18.56.070 Design Review Committee Consideration of a development proposal pursuant to this chapter shall include review by a Design Review Committee if such a committee has been required by ordinance adoption or resolution of the City Council. The committee shall be consulted and allowed an adequate opportunity to review proposed plans for consistency with adopted standards or criteria as part of the site development permit or use permit processes. The committee shall make a recommendation for approval or modification ora particular project to the approving authority before any final action is taken. The time lines for review and approval of site development permits and use permits established by Sections 18.13.080 and 18.14.060, respectively, shall not be extended solely to accommodate the work of the Design Review Committee. V42 Cha ter 18.57: "SP" S ecific Plan Overla District Sections: 18.57.010 18.57.020 18.57.030 18.57.040 18.57.050 18.57.060 18.57.070 18.57.080 Purpose Applicability and Zoning Map Designator Initiation, Presubmittal, and Preparation of Specific Plans Content of Specific Plan Application Adoption/Amendment of Specific Plans Findings Land Use Regulations/Administration of the Specific Plan Adopted Specific Plan/Relationship to Zoning 18.57.010 Purpose The purpose of the Specific Plan Overlay District is to: A. Identify Specific Plans that have been adopted by the City. Require that all development within each Specific Plan Overlay be consistent with the goals, policies, guidelines, and standards of that specific plan. C. Provide a link between the regulations of this code and those districts and regulations which may be established under a specific plan. 18.57.020 Applicability and Zoning Map Designator The "SP" Specific Plan Overlay shall be combined with any district where a specific plan has been adopted by the City. Further, this chapter shall contain specific reference to each adopted specific plan, and such reference shall also be incorporated on the zoning map. Where a specific plan creates zoning districts, this chapter will provide a correlation between the districts and those of this code. 18.57.030 Initiation, Presubmittal, and Preparation of Specific Plans A Specific Plan may be initiated in the following manner: A. City. By a resolution of intention adopted by the Council with or without a recommendation from the Planning Commission. Bo Property Owner. By an application filed by one or more of the owners of the property to be included in the Specific Plan. If initiated by an applicant, the following process shall first occur: Presubmittal Application. A presubmittal application and conference with the Director prior to the filing of a formal Specific Plan application are required. V~43 Public Meeting(s) Required. Prior to the preparation of the Specific Plan, the City shall hold at least one noticed public meeting to identify potential community impacts and concerns relating to the proposed plan. 18.57.040 Content of Specific Plan Application A Specific Plan application shall include a text and one or more diagrams which contain all the required elements outlined in State law, commencing with Government Code Section 65450, in addition to all data and related exhibits specified in the General Plan. 18.57.050 · Adoption/Amendment of Specific Plans A Specific Plan shall be prepared, adopted, and amended in the same manner as the General Plan, in compliance with Chapter 18.18, Amendments to the Text or Map. Minor modifications that are consistent with plan policies may be authorized by the Planning Commission as long as such modifications are consistent with the intent and the policies of the Specific Plan. 18.57.060 Findings The Council may approve a Specific Plan only ff the Specific Plan is found to be consistent with the General Plan and this code. 18.57.070 Land Use Reguhtions/Administration of the Specific Plan All uses and development shall be consistent with the provision of this code and the adopted specific plan applying to the property. Where a specific plan contains different allowable uses, standards, or other regulations than found in this code, those of the specific plan shall control. Where the specific plan is silent on any particular use, standard, or regulation, the provisions of this code shall apply. All development within a specific plan area must be consistent with the specific plan in all respects, except that the Planning Commission may approve a minor deviation from the adopted plan so long as it finds that the deviation is consistent with the intent and policies of the adopted specific plan. 18.57.080 Adopted Specific Plan/Relationship to Zoning This section identifies the specific plans adopted by the City. Where a specific plan creates zoning districts that are not part of this code, a relationship between those districts and this code is established. This relationship will be used when the zoning district created by a specific plan does not include all the use standards, height and bulk regulations, intensity standards, or other regulations established by the base zoning district. It is intended that the base district regulations will supplement, but will not supplant, those of the Specific Plan District. The addition of adopted specific plans to the following list shall not constitute amendment of this code. V-44 Redding Zoning Ordinance Update 1. SP. 1 REDDING DOWNTOWN SPECIFIC PLAN (Ordinance No. 2282) Specific Plan Zoning Districts Central Business District Uptown Business District South Gateway District Base Zoning Districts General Commercial (GC) General Commercial (GC) General Commercial (GC) 2. SP.2 REDDING RIVERFRONT SPECIFIC PLAN (Resolution No. 90-212) (No zoning districts established) V-45 PART VI GENERAL TERMS Cha~ter 18.60: Use Classifications Sections: 18.60.010 18.60.020 18.60.030 18.60.040 18.60.050 18.60.060 18.60.070 Purpose and Applicability Residential Use Classifications Public and Semipublic Use Classifications Commercial Use Classificarions Industrial Use Classifications Transportation, Telecommunication, and Utilities Use Classificarions Agricultural and Extractive Use Classifications 18.60.010 Purpose and Applicability Use classifications describe one or more uses of land having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Planning Commission, upon request from the Director, shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this chapter. The Planning Commission may determine that a specific use shall not be deemed to be within a classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification. 18.60.020 Residential Use Classifications Residential Housing Types. Single Family Housing. One dwelling unit, detached or attached, located on a single lot. Includes manufactured housing. Two.Family Dwelling (Duplex). A single building that contains 2 dwelling units, or a single lot with 2 freestanding buildings, each of which is designed for occupancy by one household. Manufactured Housing Park. Manufactured housing in a planned development with common area amenities. Spaces for mobile homes may be rented or owned. Multiple Family Residential. Three or more dwelling units on a site or lot. Types of multiple- family dwellings include a variety of styles townhouses, garden apartments, and high-rise apartment buildings. Transitional housing facilities are also included provided that the residential density of the facility is consistent with that of the surrounding neighborhood. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, dormitories, and private residential clubs, but excludes residential hotels. Family Day Care. A day-care facility located in a single-family residence where an occupant of the residence provides care and supervision for children. Small Family. A facility which provides care for 6 or fewer children. Large Family. A facility which provides care for 7-12 children. Residential Care, Limited. Twenty-four-hour nonmedical care for 6 or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. 18.60.030 Public and Semipublic Use Chssifications Cemetery. Land used or dedicated to burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Clinic. Facility where patients are admitted for examinations and treatment by one or more physicians, usually on a "walk-in" basis. Patients are treated or/an outpatient basis and are not admitted for overnight treatment or observation. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests, including residential accommodations that are available to members or guests on a temporary basis for periods of less than 30 consecutive days, but excluding residential hotels. This classification includes union halls, social clubs, and youth centers. Colleges and Trade Schools, Public or Private. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes business and computer schools, management training, technical, and trade schools, but excludes personal instructional services. Community Centers. Any noncommercial facility established primarily for the benefit and service of the population of the community in which it is located. Examples include neighborhood centers, youth centers and senior centers. Community Social Service Facilities. Any noncommercial facility, such as homeless shelters, and emergency shelters, which may also provide meals, showers, and/or laundry facilities. Specialized programs and services related to the needs of the residents may also be provided. Cultural Institutions. Public or nonprofit institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance, and events; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. Day. Care Center (14 or more). Establishments providing nonmedical care for one or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults and any other day-care facility licensed or certified by the State of California. Emergency Medical Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. Hospitals (including emergency care). State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, as well as training, research, and administrative services for patients and employees. Emergency care facilities are those providing emergency medical service on a 24-hour basis with no provision for continuing care on an inpatient basis. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. This classification also includes community centers, playing fields, courts, gymnasiums, swimming pools, picnic facilities, and punic marinas, as well as related food concessions. Parking, Public. Surface parking or structures used for parking more than 4 automobiles. Public Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment and materials storage areas. This classification includes corporation yards, equipment service centers, and similar public facilities. Public Safety Facilities. Facilities for public-safety and emergency services, including a facility that provides police and fire protection and ambulance services. Religious Facilities. A facility for religious worship and incidental religious education and offices, but not including private schools. This classification includes churches, temples, and other facilities used primarily for religious services or activities. Residential Care, Senior. Twenty-four-hour medical or nonmedical care for more than 6 persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. Residential Care, General. A facility with shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. They provide 24-hour nonmedical care for more than 6 persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California, as well as those operated by public or not-for-profit institutions. Red, ding Zoning Ordinance Update Schools, Public or Private. Facilities for primary or secondary education, including elementary, junior high and high schools, and private institutions having curricula comparable to that required in the public schools of the State of California. Transitional Housing Facilities. A multiple-family development, including efficiency dwellings, that provides services to residents and is designed to provide the necessary skills and rental h/story to secure permanent housing. Tenants are under contract to participate in those services which are restricted to tenants of the development. Transitional housing is distinguished from residential care facilities in that individuals or families are housed in independent units, not in a group quarters setting. Specialized programs and services related to the needs of the residents are also provided. 18.60.040 Commercial Use Classifications Adult Business Establishments. Establishments whose preponderant business is the offering of materials, products, and/or services that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme and which are not customarily open to the general public because they exclude minors by virtue of their age as a prevailing business. This classification does not include any establishment offering professional services conducted, operated, or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologist, social workers, marriage and family counselors, osteopaths, and persons holding unrevoked licenses or certificates under applicable California State law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate. Animal Sales and Services. Retail sales, boarding, grooming, and/or medical care for small animals on a commercial basis. This classification does not include dog walking and similar pet care services not carried out at a fixed location. Banks and Savings and Loans. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including businesses offering check-cashing facilities. Bed and Breakfast Establishments. Establishments providing guest rooms for lodging on a less- than-weekly basis, typically in a single-family or converted multiple-family dwelling, with incidental eating and drinking service provided from a single kitchen for lodgers and residents only. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include large-scale "warehouse" stores (see Home Improvement Sales and Services) and hardware stores less than 10,000 square feet in sales. Business Services. Rendering services to business establishments on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, commercial research, development and testing, photo finishing, and model building. This classification excludes maintenance and repair and accounting, advertising, architectural design, City VI-4 planning, environmental analysis, insurance, interior design, investment, landscape design, law, management consulting, title companies, and real estate offices. Commercial Recreation. Provision of participant or spectator recreation. This classification includes sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, golf driving ranges, pool rooms, dance halls, ice/roller skating rinks, golf courses (daily fee), miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, gymnastic and dance studios, pinball arcades or electronic games centers, card rooms, and fortune telling. Commercial Entertainment. Provision of spectator entertainment. This classification includes live and motion picture theaters. Convenience Gas Mart. A store that sells groceries and gasoline may also sell fast-food products and does not include automotive repair shops. Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises. Bars/Night Clubs/Lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks. Restaurants, Full Service. Restaurants serving food and beverages to be consumed on the premises and/or providing take-out or delivery service. With Drive.Through Facilities. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include markets, groceries, liquor stores, and retail bakeries. This classification also includes large-scale stores that sell food items and beverages in bulk and also may sell bulk household products. Food Preparation. Businesses preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Uses include catering kitchens, bakeries with on-site retail sales, and small-scale specialty food production, such as manufacture of candy, jams, and jellies. Funeral Parlors and Mortuaries. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary. Home Improvement Sales and Services. Retail sales, rental, and related services of hardware, plumbing, electrical, heating, air conditioning, building supplies, tools and equipment, plants and Redd~g 7_~i~ Ch'di~a~ce Update garden products, patio furniture, swimming pools, spas and hot tubs, lighting fixtures, kitchen and bathroom fixtures and cabinets, paint, carpeting, floor coverings, or wallpaper. Hotels and Motels. Establishments offering lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This classification includes motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but does not include rooming hotels, boarding houses, or residential hotels designed or intended to be used for sleeping for a period of 30 consecutive days or longer. Hotels, Residential. Establishments offering rooms for rent for semitransient or permanent residents on a weekly or monthly basis. Laboratories. Establishments providing medical or dental laboratory services or establishments providing photographic, analytical, or testing services. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, janitorial services, pest control, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, computer software design, engineering, graphic design, interior design, real estate, insurance, investment, and legal offices. This classification excludes hospitals, banks, and savings and loan associations. Offices, Medical and Dental. Offices of firms or organizations providing medical services, such as physicians, dentists, chiropractors, optometrists, and similar medical professionals. This classification includes medical/dental laboratories incidental to an office use. Parking Facilities, Commercial. Surface lots and structures offering parking to the public for a fee when such use is not incidental to another activity. Personal Improvement Services. Provision of instructional services or facilities, including photography; fine arts; crafts; dance or music studios; driving schools; business and trade schools; and diet centers, reducing salons, and fitness studios. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops; seamstresses; tailors; interior decorators; photocopying; photographic studios; and schools of the arts, music, and dance. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, furniture stores, pawn shops, pet shops, hardware stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, electronic equipment, records, sporting Redding Zoning Ordinance Update goods, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs. This classification also includes such services as dry cleaning businesses (excluding large-scale bulk cleaning plants), shoe repair shops, and self-service laundries. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes automobile rental agencies. Vehicle and Equipment Sales and Services. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, and recreational vehicles, including the sale, installation, and servicing of related equipment. and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and auto glass services, but excludes vehicle dismantling or salvaging and tire retreading or recapping. Automobile/Vehicle Service and Repair, Minor. Establishments engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories, including gasoline service stations; gas convenience marts; quick.service oil, tune-up, brake and muffler shops; and tire sales and installation, where repairs are made or service provided in enclosed bays and vehicles are not stored typically overnight. This classification excludes establishments providing engine repair, body and fender work, vehicle painting, towing, or repair of heavy trucks or construction vehicles. Automobile/Vehicle Sales and Leasing. Sales or leasing of automobiles, motorcycles, trucks, and/or lawn and garden-type tractors, including storage and incidental maintenance. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. Heavy Equipment Sales, Service and Rental. Sales, servicing and rental of vans, trailers, tractors, and other equipment used for construction, agricultural, or similar activities. Large Vehicle Sales, Service, and Rental. Sales, servicing, and rental of motor homes, recreational trailers and equipment, boats, and similar vehicles. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways; impound yards; and storage lots for automobiles, trucks, buses, and recreational vehicles, but does not include vehicle dismantling. 18.60.050 Industrial Use Classifications Contractors' Yards. On- or off-site storage of contractors' materials or equipment. Industry, Custom Handicraft. Manufacture of crafts, art, sculpture, stained glass, and similar items. Retail sales of items manufactured on the premises is required. Industry, General. Establishments engaged in any of the following types of activities taking place within enclosed buildings: manufacturing finished parts or products primarily from previously prepared materials; food and beverage manufacturing/distribution; providing industrial services; or conducting industrial or scientific research, including product testing. This classification excludes basic industrial processing and recycling of cans, bottles, cardboard, and similar consumer materials. Industry, Heavy. Manufacturing of products from extracted or raw materials or recycled or secondary materials or bulk storage and handling of such products and materials. This classification includes: tobacco product manufacturing, textile mills, textile product mills, apparel manufacturing, leather and allied product manufacturing, wood product manufacturing, paper manufacturing, chemical manufacturing, plastics and rubber products manufacturing, nonmetallic mineral product manufacturing, primary metal manufacturing, and fabricated metal product manufacturing. Salvage/Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange, or sale of goods, including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property. Veterinary Services. Office and medical treatment facilities used by veterinarians for large animals. Warehousing and Storage. Storage and distribution facilities withoUt sales to the public on-site or direct public access. Indoor Commercial Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets. Outdoor Storage. Storage of vehicles or commercial goods in open lots. Personal Storage. Facilities offering storage for individual use, including miniwarehouses. Wholesale, Distributing and Storage. Indoor storage and/or sale of bulk goods, including mail order and internet sales and wholesale distribution. Sales may be retail or wholesale. 18.60.060 Transportation, Communication, and Utilities Use Classifications Airports and Heliports. Facilities for the takeoffand landing of airplanes and helicopters, including runways, aircraft storage buildings, public terminal buildings and parking, helicopter pads, and support activities, such as airport operations and air traffic control. Redc~ng Zoning Ordinance Update Communication Facilities Antennae and Transmission Towers. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception/transmission systems. Examples of transmission towers include, but shall not be limited to, radio towers, television towers, telephone exchange/microwave relay towers, and cellular telephone transmission/personal communications systems towers. Facilities Within Buildings. Includes radio, television, or recording studios and telephone switching centers; excludes antennae and transmission towers. Freight/Truck Terminals and Warehouses. Facilities for local or worldwide freight and postal services by truck or rail. Transportation Passenger Terminals. Facilities for passenger transportation operations. This classification includes rail stations, bus terminals, and scenic and sightseeing facilities, but does not include airports or heliports. Utilities, Major. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery (recycling processing) facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities. Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, underground water and sewer lines, and recycling collection facilities. 18.60.070 Agriculture and Extractive Use Classifications Crop and Animal Raising. The raising of tree, vine, field, forage, and other plant crops intended to provide food or fibers, as well as keeping, grazing, or feeding of animals for animal products, animal increase, or value increase. Mining and Quarrying. The extraction of nonmetallic minerals, including sand and gravel pit operations. They include surface mining operations as defined by the Public Resources Code of the State of California. Nurseries. Establishments in which all merchandise is kept within an enclosed building or a fully screened enclosure and fertilizer of any type is stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale. 18.61: List of Terms and Definitions Sections: 18.61.010 List of Terms 18.61.020 Definitions 18.61.010 List of Terms Abandoned Use (see Nonconforming Terms) Abandoned Sign (see Sign Types and Terms) Accessory Building Accessory Sign (see Sign Types and Terms) Accessory Unit (also known as second dwelling unit) (see Residential Structure Types) Accessory Use Adult Bookstore (see Adult Entertainment Terms) Adult Cabaret (see Adult Entertainment Terms) Adult Drive-in Theater (see Adult Entertainment Terms) Adult Entertainment Business or Activity (see Adult Entertainment Terms) Adult Entertainment Terms Adult Massage Parlor (see Adult Entertainment Terms) Adult Model Studio (see Adult Entertainment Terms) Adult Motel (see Adult Entertainment Terms) Adult Motion Picture Arcade (see Adult Entertainment Terms) Adult Motion Picture Theater (see Adult Entertainment Terms) Adult Sexual Encounter Center (see Adult Entertainment Terms) Advertising (see Sign Types and Terms) Affordability (see Residential Density Bonus Terms) Affordable Housing (see Residential Density Bonus Terms) Affordable Housing (see Residential Density Bonus Terms) Affordable Unit, For Rent Affordable Unit, For Sale Aggregate Sign Area (see Sign Types and Terms) Alley Alter Ambient Noise (see Noise Terms) Amusement Park Animal ( Exotic or Wild) (see Animal Terms) Animal ( Household Pet) (see Animal Terms) Animal (Large) (see Animal Terms) Animal (Small) (see Animal Terms) Animal Terms Animals (see Animal Terms) Antenna (see Telecommunication Terms) Area of Special Flood Hazard (see Flood Related Terms) Art (see Sign Types and Terms) Arts and Crafts Shows, Outdoor (see Temporary Use Terms) Automobile Court (see Automobile Trailer Terms) Automobile Trailer (see Automobile Trailer Terms) Automobile Trailer Park (see Automobile Trailer Terms) Automobile Trailer Terms Automobile Wrecking Yard A-weighted Sound Level (see Noise Terms) Awning (see Sign Types and Terms) Awning Sign (see Sign Types and Term.s) Balcony Banner (see Sign Types and Terms) Base Density Base Flood (see Flood Related Terms) Base Floodplain (see Flood Related Terms) Basement VI. lO Beacon or Searchlight (see Sign Types and Terms) Bed.and-Breakfast Inn Billboard (see Sign Types and Terms) Block Boardinghouse or Rooming House Breezeway Building Building Coverage Building Height Building Site Building-Mounted (see Telecommunication Terms) Business "C" District Cabaret Canopy (see Sign Types and Terms) Canopy Sign (see Sign Types and Terms) Caretaker's Quarters Changeable Copy Sign (see Sign Types and Terms) Charitable/Philanthropic Institution Church City Council Club Collection Building Collocation (see Telecommunication Term.s) Commercial Filming (see Temporary Use Terms) Communication Tower (see Telecommunication Terms) Conforming Sign (see Sign Types and Terms) Construction (see Noise Terms) Contiguous To (see Flood Related Terms) Copy (see Sign Types and Terms) Covered Parking Space Decibel (see Noise Terms) Deck Demolition Distribution Line Density Bonus (see Residential Density Bonus Terms) Design Flood (see Flood Related Terms) Design Review Manual (see Sign Types and Terms) Detached Sign (see Sign Types and Terms) Development (see Flood Related TermO Directional Sign (see Sign Types and Terms) District Donor (see Sign Types and Terms) Double Frontage Lot (see Sign Types and Terms) Driveway Dwelling (see Residential Structure Types) Dwelling Group (see Residential Structure Types) Dwelling Unit (see Residential Structure Types) Dwelling, Multiple Family (see Residential Structure Types) Dwelling, Single Family (see Residential Structure Types) Dwelling, Single Family Attached (see Residential Structure Types) Dwelling, Two-Family or Duplex (see Residential Structure Types) Electrical Code (see Sign Types and Terms) Electromagnetic Radio Frequency Waves (see Telecommunication Terms) Electronic Message Board (see Sign Types and Terms) Emergency Work or Action (see Noise Terms) Encroachmem (see Flood Related Terms) Enforcement Officer (see Sign Types and Terms) Equal Conveyance (see Flood Related Terms) Equivalent Financial Value (see Residential Density Bonus Terms) Erected Existing Manufactured Home Park or Subdivision (see Flood Related Terms) Expansion (see M/n/ng Terms) Exploration or Prospecting (see Mining Terms) Family Farmers' Market (see Temporary Use Terms) Flag or Patriotic Symbol (see. Sign Types and Terms) Flood Fringe (see Flood Related Terms) Flood Insurance Rate Map (FIRM) (see Flood Related Terms) VI-II Redding Zoning Ordinance Update Flood Insurance Study (see Flood Related Terms) Flood or Flooding (see Flood Related Terms) Flood Protection (see Fbod Related Terms) Flood Protection Elevation (see Flood Related Terms) Floodplain (see Flood Related Terms) Floodplain Administrator (see F/tod Related Terms) Floodplain Area (see Fbod Related Terms) Floodplain District (FP) (see Flood Related Terms) Floodplain Management (see Flood Related Terms) Floodplain Management Regulations (see Flood Related Terms) Floodplain Terms Flood-Proofing (see Fbod Related Terms) Flood-Related Erosion (see Flood Related Terms) Floodway (see Flood Related Terms) Floor Area Ratio (FAR) Floor Area, Gross Floor Area, Net Fowl (Large) (see Animal Terms) Freeboard (see Flood Related Terms) Fully Shielded (see Lighting Terms) Garage or Carport General Plan Grade, Average Grade, Existing Grade, Finished Grade, Street Ground-Mounted (see Telecommunication Terms) Half Story (see Story) Height Home Occupation Hospital or Sanitarium Hotel or Motel Hydraulic Engineer Center Model 2 (HEC-2) (succeeded by HEC-RAS) (see Flood Related Terms) Hydraulic Engineering Center Model 1 (HEC-1) (succeeded by HEC.HMS) (see Flood Related Terms) Hydraulic Engineering Center Water Resources Council Model CPD- 13 (see Flood Related Terms) Idle (see M/ning Terms) Illegal Sign (see Sign Types and Terms) Illuminated Sign (see Sign Types and Terms) Illumination Direct Illumination Indirect Intensity (see Nonconforming Terms) Intrusive Noise (see Noise Terms) Junkyard Kitchen Landscape Light Trespass (see Lighting Terms) Lighting Terms Loading Space Logo (see Sign Types and Terms) Lot Lot Area Lot Frontage (Signs) Lot Line Types Lot Line, Front (see Lot Lime Types) Lot Line, Rear (see Lot Line Types) Lot Line, Side (see Lot Line Types) Lot Types Lot, Comer (see Lot Types) Lot, Double Frontage (see Lot Types) Lot, Flag (see Lot Type Terms) Lot, Interior (see Lot Types) Lot, Reversed Comer (see Lot Types) Lower- and Very Low-Income Households (see Residential Density Bonus Terms) Lowest Floor (see Flood Related Terms) Manufactured Home (see Flood Related Terms) Manufactured Home Park or Subdivision (see Flood Related Terms) Market Value of the Structure (see Flood Related Terms) VI. 12 Marquee (see Sign Types and Terms) Marquee Sign (see Sign Types and Terms) Mined Lands (see Mining Terms) Minerals (see Min/ng Terms) Mining Terms Mining Waste (see Mining Terms) Monument Sign (see Sign Types and Terms) Nameplate (see Sign Types and Terms) Natural Feature New Construction (see Flood Related Terms) Noise Disturbance (see Noise Terms) Noise Level (see Noise Terms) Noise Terms Nonconforming Sign (see Nonconforming Terms) Nonconforming Sign (see Sign Types and Terms) Nonconforming Site (see Nonconforming Terms) Nonconforming Structure (see Nonconforming Terms) Nonconforming Terms Nonconforming Use (see Nonconforming Terms) No-Rise Floodway and Flood Fringe (see F/ood Related Terms) "O" District Occupancy, Change Occupied Off-Site Sign (see Sign Types and Terms) Off-Street Loading Facilities One-Hundred-Year Flood (see F/ood Related Terms) On-Site Sign (see Sign Types and Terms) Open-Space Terms Open-Space Easement (see Open-Space Terms) Open-Space Land (see Open. Space Terms) Open-Space Types Operator (see Mining Terms) Overburden (see Mining Terms) Redding Zoning Ordinance Update C)wner Pennant (see Sign Types and Terms) Permitted Person Personal Service Plan Lines Planning Commission Pole Sign (see Sign Types and Terms) Porch Portable Sign (see Sign Types and Terms) Poultry (see Animal Terms) Preexisting Preservation Private Open Space (see Open-Space Types) Private Open-Space Easement (see Open. Space Terms) Processing Facility (see Recycling Terms) Professional Office Project Promotional Temporary Signs (see Sign Types and Terms) Public Open Space (see Open-Space Terms) Public Open-Space Easement (see Open-Space Terms) Public Parking Area Public Service, Seasonal, or Special Community Event Signs (see Sign Types and Terms) "R" District Real Estate Development Sign (see Sign Types and Terms) Real Estate Sign (see Sign Types and Terms) Real Property Boundary (see Noise Terms) Reclamation (see Mining Terms) Reconstruction Recreational Vehicle (see Flood Related Terms) Recyclable Material (see Recycling Terms) Recycling Facility (see Recycling Terms) Recycling Terms Rehabilitation Remedy a Violation (see Flood Related Terms) Residential Density Bonus Terms V/-13 Residential Structure Type Terms Reverse Vending Machine (see Recycling Terms) Riverine (see Flood Related Terms) Roof Line (see Sign Types and Terms) Roof Sign (see Sign Types and Terms) Room, Habitable Sales (see Temporary Use Terms) Scenic or Riparian Corridor (see F/ood Related Terms) School, Elementary or High Setback Line Shared Open Space (see Open-Space Types) Shopping Center Shopping Center Identifier or Locator Sign (see Sign Types and Terms) Sign (see Sign Types and Terms) Sign Area (see Sign Types and Terms) Sign Height (see Sign Terms) Sign Terms Site Sniping (see Sign Types and Terms) Sound Level Meter (see Noise Terms) Special Flood Hazard Area (SFHA) (see Flood Related Terms) Specified Anatomical Areas (see Adult Entertainment Terms) Specified Sexual Activities (see Adult Entertainment Terms) Standard Project Flood (see Flood Related Terms) Start of Construction (see F/ood Related Terms) State Board (see Mining Terms) State Geologist (see Mining Terms) State-of-the-Art Sign Design (see Sign Types and Terms) Story Terms Street Street Line Structural Alterations Structure Substantial Damage (see Flood Related Terms) Substantial Improvement (see Flood Related Terms) Supergraphic Wall Sign (see Sign Types and Terms) Surface Mining Operations (see Mining Terms) Swap Meets (see Temporary Use Terms) Swimming Pool, Indoor (see Swimming Poo~s and Hot Tubs) Swimming Pool, Outdoor (see Swimm/ng Poo/s and Hot Tubs) Swimming Pools and Hot Tubs Targeted Housing Units Telecom Definitions Temporary Sign (see Sign Types and Terms) Temporary Use Terms Time and Temperature Signs (see Sign Types and Terms) Trade Fairs (see Temporary Use Terms) Transmission Line Tree, Heritage Uplighting (see Lighting Terms) Usable Open Space (see Open. Space Types) Use Use Accessory Variance (see Flood Related Terms) Velocity of Water (see Flood Related Terms) Violation (see Flood Related Terms) Visible Wall Mural (see Sign Types and Terms) Wall Sign (see Sign Types and Terms) Window Sign (see Sign Types and Terms) Wireless Communication Facility (see Telecommunication Terms) Yard (see Open. Space Types) Yard Terms Yard, Front (see Yard Terms) Yard, Rear (see Yard Terms) Yard, Side (see Yard Terms) VI-14 Redding Zoning Ordinance Update 18.61.020 Definitions Accessory Use. A use incidental and accessory to the principal use of a lot or a building located on the same lot. Adult Entertainment Terms. Adult Entertainment Business or Activity. An establishment that is not customarily open to the public but only to one or more classes of the public and that 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 characterized 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: Adult Bookstore. An establishment that has a substantial or significant portion of its stock-in-trade, books, magazines, or other periodicals that 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 that excludes minors by virtue of age from all or part of the establishment. Adult Cabaret. A cabaret that features go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers and that excludes minors by virtue of age. 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 observation by patrons and that excludes minors by virtue of age. Adult Massage Parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration 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 that excludes minors by reason of age. Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis or matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein and that excludes minors by virtue of age. 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, VI. 15 drawn, painted, sculpted, photographed, or similarly depicted by persons paying such consideration or gratuity and that excludes minors by virtue of age. Adult Motel. A motel wherein material is presented that is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas and that excludes minors by virtue of age. Adult Motion Picture Arcade. Any place that 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 5 or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas and that excludes minors by virtue of age. Adult Motion Picture Theater. An enclosed building with a capacity of 50 or more persons used for presenting material depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein and that excludes minors by virtue of age. Adult Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where 3 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 of specified anatomical areas and excludes minors by virtue of age. Specified Anatomical Areas. Means the following: Less than completely and opaquely covered: (a) human genitals or pubic region, (b) female breast below a point immediately above the top of the areola. Human male genitals in a discernible turgid state, even if completely and opaquely covered. Specified Sexual Activities. Means the following: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. Affordable Unit, For Rent. A unit for which the total monthly rent, plus utilities for lower-income households, does not exceed 30 percent of 60 percent of the county median income and for very low- income households, 30 percent of 50 percent of the county median income. Affordable Unit, For Sale. A unit for which the total monthly payment, including interest, taxes, insurance, and utilities, does not exceed for lower-income households 30 percent of 60 percent of the county median income and for very low-income households, 30 percent of 50 percent of the county median income. Alley. A public way permanently reserved as a secondary means of access to abutting property. VI. 16 Redding Zoning Ord/nance Update Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. Routine maintenance is not considered an alteration. Amusement Park. Any place of amusement open to the public not conducted wholly within a completed enclosed building. Animal-Related Terms. Animals. Means horses, ponies, mules, burros, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, llamas, rabbits, and all other domestic or domesticated animals other than household pets. Animal (Exot/c or Wild). An animal, including, but not limited to, a monkey, fox, snake, raccoon, or other similar animal, including predatory or poisonous animals. Animal (Household Pet). Any animal customarily permitted and kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, such as a dog, cat, parakeet, tropical fish, hamster, rabbit, or Vietnamese pot-bellied pig. Animal (Large). Any equine or bovine animal or other animal similar in size, weight, or appearance, including, but not limited to, a horse, pony, mule, donkey, cow, llama, pigs, hogs, goats, sheep, or ox. Animal (Small). Poultry, rabbits, and those other such comparably sized animals distinguished from those described as large animals. Fowl (Large). Any ostrich, emus, rheas, or similar flightless large birds. Poultry. Means pigeons, chickens, ducks, geese, turkeys, and all other domestic or domesticated fowl other than household pets. Automobile Trailer Terms Automobile Court. A group of 2 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. The group is designed and used primarily for the accommodation of transient automobile travelers. Automobile Trailer. 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. Automobile Trailer Park. Any lot or parcel of land used for the accommodation of one or more automobile trailers occupied as living quarters. VI-17 Redding Zoning Ordinance Update Automobile Wrecking Yard. 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. Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet. Basement. A space wholly or partly underground and having more than half 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 6 feet above grade at any point, the basement shall be considered a story. Any basement level that has a habitable room shall be counted as a story. Base Density. The number of dwelling units on a particular parcel of land that is in conformance with the General Plan and zoning. Bed.and. Breakfast Inn. An owner-occupied, single-family residence with rooms located in the main residence that are maintained for the purpose of providing overnight sleeping accommodations for paying guests; in-room kitchen facilities are not provided; and the maximum length of stay for guests is limited to 5 consecutive days. Block. 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. An intercepting street shall determine only the boundary of the block on the side of the street that it intercepts. Boardinghouse or Rooming House. See Section 18.60.020, Group Residential. Breezeway. A roofed, open-sided passageway connecting 2 structures, such as a house and a garage. Building. Any structure having a roof supported by columns or by wails and designed for the shelter or housing of any person, animal, or chattel, including any underground shelter or similar use. Building, Accessory. A building which is used in support of or accessory to the principal building on a lot. Building Coverage. 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. The features are not directly supported by the ground. Building Height. The vertical distance from finished grade to the highest structural point of the building as measured plumb from all points along said grade. Building, Main. See Building, Principal. Building, Principal. A building in which is' conducted the principal use of the lot on which it is located. Also referred to as "main building." V/-18 Red~in~ Zonin~ Ordinance Update Building Site. A lot or parcel of land in single or 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. Business. 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. "C" District. Means one or more of the following commercial districts: "NC" Neighborhood Commercial, "Sc" Shopping Center, "RC" Regional Commercial, "GC" General Commercial, or "HC" Heavy Commercial. Cabaret. A caf& lounge, bar, or restaurant where patrons are entertained by performers who dance, sing, or play musical instruments. Caretaker's Quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. Charitable/Philanthropic Institution. 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; by erecting or maintaining public buildings or works; or by otherwise lessening the burden of government. Church. A building, together with its accessory buildings and uses, where persons regularly assemble for worship. The building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. City Council. The City Council of the city. Club. 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. Collection Building. Buildings with a gross floor area of 225 square feet or less used for the deposit and storage of recyclables. Covered Parking Space. An accessible and usable covered space of not less than 10 by 20 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. Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts (see also: Balcony). ~I-19 Redding Zoning Ordinance Update Demolition. Any act or process that destroys in whole or in part a cultural resource or other structure within an historic district. Distribution Line. An electric power line bringing power from a distribution substation to consumers. District. 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. Driveway. A paved area on a lot necessary to provide direct access for vehicles between a street and either: An area on a residential lot containing 4 or fewer parking spaces. An aisle between spaces in a parking lot. A loading berth. A refuse storage area. 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. Family. An individual or 2 or more persons occupying a dwelling and living together as a single nonprofit housekeeping unit. Floodplain Terms. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance. Area of Shallo~o Flooding. A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard. See "Special Flood Hazard Area." Base Flood. A flood having a 1 percent chance of being equaled or exceeded in any given year. Same as the 100-year flood. Basement. Any area of the building having its floor below ground level on all sides. Base Floodplain. The area covered by a base flood which is generally defined by FEMA as Zone A, AO, Al-30, and AE on the Flood Insurance Rate Map or the base flood area or VI.20 Redcling 7_.oning Ordinance U~date elevation shown on any drainage study approved or adopted by the City (Citywide Storm Drain Master Plan by Montgomery-Watson Engineers dated October 1993), whichever is highest. Contiguous To. Property bordering the base floodplain which would have a finished lot level of less than one foot above the base flood elevation, unless otherwise protected. Design Flood. The flood against which protection is to be provided by means of land-use regulation or flood-protective or flood-control works. The design flood shall be the base flood recurrence interval (see "Base Flood" definition). Development. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, landscaping, paving, excavation, drilling operations, or storing equipment or materials. Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain. Equal Conveyance. An equal amount of encroachment on both sides of a channel and an equal displacement of water or narrowing of the natural channel. Ex/sting Manufactured Home Park or Subdivision. A manufactured home park, subdivision, or planned development for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before January 19, 1988. Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of floodwaters, (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 a flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. Flood Fringe. The area between the 100-year flood boundary and the floodway shown on the Flood Insurance Rate Maps incorporated in the Flood Insurance Study or on the Citywide Storm Drain Master Plan, whichever is highest. Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance Administration has delineated the "floodway," the "floodplain," and "risk-premium" zones applicable to the city. VI.21 Re&ting Zoning Ordinance Update Flood Insurance Study. 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. F/oodplain. This means 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 susceptible 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 Emergency Management Agency or as shown on any drainage study (Citywide Storm Drain Master Plan by Montgomery- Watson Engineers dated October 1993) approved or adopted by the City, whichever is highest. For creeks where floodplain elevations with a detailed study have not been established by FEMA or the Citywide Storm Drain Master Plan, the elevations shall be determined by a registered civil engineer and approved by the Planning Commission pursuant to Section 18.51.100. 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 licensed hydrologist/engineer that those water levels are not the same as the floodplain of the adjacent stream and have a floodplain of their own. Floodplain Administrator. The Development Services Director or the designee appointed to administer and enforce the City's floodplain management regulations and the City's Community Rating Service (CRS) program. Floodplain Area. An area having flood, mud slide (i.e., mud flow), and/or flood-related erosion hazards as shown on a FIRM or Flood Boundary and Floodway Map and also that area shown on any drainage study (Citywide Storm Drain Master Plan) approved or adopted by the City, whichever is highest. F/oodplain Distr/ct (FP). A zoning district that is combined with other zoning designations of lots that are either wholly or partially within the floodplain. Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood- control works, floodplain management regulations, and open-space plans. Floodplain Management Regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special- purpose ordinances (such as Floodplain Ordinance, Grading Ordinance, and Erosion-Control Ordinance), and other applications of police power. The term describes such State or local regulations in any combination thereof that provide standards for the purpose of flood-damage prevention and reduction. Flood. Proofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, and structures and their contents. VI.22 Zoning Or g~nanc e U p~e Flood Protection. An action taken to protect property and structures from inundation by the base flood or greater event. Flood Protection Elevation. An elevation expressed in feet that the City requires for elevation of the lowest floor above the 100-year floodplain. The City's required Flood Protection Elevation is a minimum of one foot. The 100-year floodplain is defined by the Flood Insurance Rate Maps prepared by FEMA or the Citywide Storm Drain Master Plan by Montgomery- Watson Engineers, whichever is highest. Flood. Related Erosion. 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 accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Floodway" includes those areas so designated on any drainage study approved or adopted by the City. Freeboard. 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 urbanization of the watershed. Hydraulic Engineering Center Mode/1 (HEC-1) (succeeded by HEC.HMS). The model is designed to simulate the surface runoff response of a stream basin to precipitation by representing the basin as an interconnected 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 sufface-runoffentity, a stream channel, or a reservoir. Representation of a component requires a set of parameters which specify the particular characteristics 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-1 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. VI.23 Hydraulic Engineer Center Model 2 (HEC-2) (succeeded by HEC-RAS). This model is intended for calculating water-surface profiles for steady, gradually varied flow in natural or manmade channels. Both subcritical 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 computations. 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 management and flood- insurance studies to evaluate floodway encroachments and to designate flood-hazard zones. Also, capabilities are available for assessing the effects of channel improvements and levees on water-surface profiles. 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 (40 years, if available; if only 20 years or less is available, several gauges or other methodologies should be considered). The model is capable of developing confidence limits associated with the frequency curve. Lowest Floor. The lowest floor of the lowest enclosed area, including a basement. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor provided that it conforms to applicable nonelevation design requirements, including, but not limited to: A. The wet floodproofing standard in Section 18.51.080(D) (3). B. The anchoring standards in Section 18.51.080(B). C. The construction materials and methods standards in Section 18.51.080(C). D. The standards for utilities in Section 18.51.080(E). For residential structures, all subgrade enclosed areas are prohibited because they are considered to be basements. This prohibition includes below-grade garages and storage areas. Manufactured Home. 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. The term "Manufactured Home" does not include a "recreational vehicle." Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market Value of the Structure. This shall be determined by estimating the cost to replace the structure in a new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square-foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry as approved by the Floodplain VI-24 Administrator. The amount of depreciation shall be determined by taking into account the age, physical deterioration of the structure, and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. New Construction. For floodplain management purposes, this means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community (July 1, 1985) and includes any subsequent improvements to such structures. No-R/se Floodway and Flood Fringe. This refers to maintenance of the City's floodway and floodplain fringe with no rise in floodplain elevations that would adversely affect properties. One.Hundred. Year Flood. The same as "base flood." Recreational Vehicle. A vehicle which is: A. Built on a single chassis. B. Four hundred square feet or less when measured at the largest horizontal projection. C. Designed to be self-propelled or permanently towable by a light-duty truck. D. Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. Remedy a Violation. To bring the structure or other development into compliance with State or local floodplain management regulations or, ff this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include: A. Protecting the structure or other affected development from flood damages. Implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations. C. Reducing State or Federal financial exposure with regard to the structure or other development. etc. Relating to, formed by, or resembling a river (including tributaries), stream, brook, Scenic or Riparian Corr/dor. Includes areas that border segments of seasonal creeks and all the Sacramento River's floodplain which contain vegetation natural to waterways. VI-25 Redding Zoning Ordinance Update Special Flood Hazard Area (SFHA). An area having special flood or flood-related erosion hazards and shown on a FIRM as Zone A, AO, Al-30, AE, or AH. Standard Project Flood. The largest flood that can be expected from the most severe combination of meteorological and hydrological conditions reasonably characteristic of the geographical region involved. Such a flood provides a reasonable upper limit to be considered in designing flood-control works and in delineating floodplain limits and shall be generally applicable where its occurrence would have a high probability of hazard to human life. Start of Construct/on. Includes substantial improvement and other proposed new development and means the date the building permit was issued provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. 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 construction 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 installation 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement. Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: At Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. VI.26 Redding Zoning Ordinance Update Velocity of Water. 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 encroachment. Violation. 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 elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. Floor Area, Gross. The total interior floor area of all stories of a building or structure, including basements as well as aboveground stories. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and any open porch, deck, balcony, or terrace. Floor Area, Net. The total of all portions of interior floor area of each floor, basement, attic, or other area under the roof. It excludes portions thereof used solely for corridors, balconies, employee lounges, elevator shafts, stairways, restrooms, basement or attic areas having a height of more than 7 feet, closets, vaults, storage areas, climatic control areas, janitorial storage areas, parking or loading areas; in industrial areas, storage sheds with less than 150 square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters, and similar enclosures. The following areas shall. be included within net floor area: Lobbies of banks or financial or lending institutions. · Outdoor uncovered retail sales area, excepting plant nurseries and auto-sales lots. Waiting rooms used by the public in connection with offices, professional offices, and similar establishments. Floor Area Ratio (FAR). The net floor area of a building or buildings on a lot divided by the lot area or site area. Garage or Carport. An accessible and usable covered space of not less than 10 by 20 feet for storage of automobiles. General Plan. The City of Redding General Plan. Grade, Average. The average level on the surface defined as the shortest distance between finished grade at the highest and lowest sides of a structure. Grade, Existing. The level of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter. Grade, Finished. The point of the elevation of the finished surface of the ground. For purposes of determining building height, finished grade is the grade at the building foundation. In the case of signs, grade is the lowest point of elevation of the finished surface of the ground at the base of the VI-27 sign or, in the case of a double support, the lowest point of elevation of the finished surface of the ground at the supports. Grade, Street. The top of the curb or the top of the edge of the pavement or traveled way where no curb exists. Height. The vertical distance from the average level of the highest and lowest point of that portion of the parcel covered by the structure to the topmost point of the roof. Home Occupation. 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. Hospital or Sanitarium. Any institution, place, building, or agency that maintains and operates organized facilities for the diagnosis, care, or treatment of human illness, including convalescence and including care during and after pregnancy or that 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. Hotel or Motel. A building designed for temporary lodging of individuals, with or without meals, in which there are 6 or more guest rooms and in which no provision is made for cooking in more than 50 percent of the individual rooms or suites. Junkyard. 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: the collection, storage, or placing of worn out, discarded, or scrapped goods or materials that may be turned to some use such as rope, chains, iron, copper, furniture, stoves, enamelware, paper, bottles, used pipes, used machinery, parts of dismantled machinery, or vehicles. The collection, storage, or placing of any used material other than gems, precious metal, or material containing precious metal, having a value that is determined wholly by the weight thereof. The collection, storage, or placing of any used material other than gems, precious metal, or material containing precious metal that has no ordinarily practical use in the form in which it exists when so collected, stored, or placed. Kitchen. A room for cooking or preparation of food and dishwashing, but not including a bar, butler's pantry, or similar room adjacent to or connected with a kitchen. Landscape. To plant and maintain some combination of trees, ground cover, shrubs, vines, flowers or lawn. Required landscape may include natural features, such as existing or imported rock, and structural features, including fountains, pools, art work, plazas, screens, walls, or fences. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscape. VI-28 Redding Zoning Ordinance Update Lighting Terms. Architectural Lighting. Lighting which is either directed towards a building with the intent of highlighting an architectural or landscape feature or a light fixture which is architecturally ornamental in purpose. Fully Shielded. A luminaire or light fixture that by design of the housing does not allow any light dispersion or direct glare to shine above a 90-degree horizontal plane from the base of the fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated and disability glare will result. Light Trespass. Light from an artificial light source that is intruding into an area where it is not wanted or does not belong. Uplighting. Any light source that distributes illumination above a 90-degree horizontal plane. Liquor Store. A retail establishment that devotes more than 50 percent of its floor area for the display, storage, and sale of beer, wine, distilled or fermented liquor or related items. Loading Space. 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. Lot. 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 street frontage or acreage width of not less than specified by this code and Title 17, Subdivisions. Lot Area. The total horizontal area within the lot lines of a lot excluding areas to be included in future street rights-of-way as established by easement, dedication, or ordinance. Lot Frontage (Signs). The length of improved property on a lot that is bordered by an improved public street from which the lot may take vehicle access. For lots without frontage (including frontage limited to driveway access) the net lot area may be used to calculate the maximum sign area. LOt Line Types. Lot L/ne, Front. The property line dividing a lot from a street. On a comer lot, only one street line shall be considered as a front line, as determined by the Building Official upon issuance of a building permit or the demarcation made on a final or parcel map. For parcels developed VI-29 Redding Zoning Ordinance Update prior to adoption of this code, the front line of a comer lot shall be the one with the shorter street frontage. Lot L/ne, Rear. The line, or lines, most parallel with the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear-yard depth. Lot L/ne, Side. Any lot lines other than front lot lines or rear lot lines. Lot Types. LOt, Corner. A lot or parcel of land situated at the intersection of 2 or more streets having an angle or intersection of not more than 135 degrees. LOt, Double Frontage. A lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line. LOt, Flag. A lot having access to a public street by means of a private right-of-way strip that shares fee ownership with the balance of the lot. Lot, Improved. Any land containing a principal building or otherwise improved to conduct a nonresidential activity. Corner Interior Corner Lot Lot Lot Double Frontage Interior Interior Flag Lot Lot Lot Lot Corner Interior Corner Lot Lot Lot Section 18.61.020 Lot, Interior. A lot that is not a comer lot. LOT TYPES Lot, Reversed Corner. A comer lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear. Lot, Vacant. Land without buildings or other structures. Mining Terms. Expansion. Increase in the intensity of mining or on-site processing operations that have an adverse impact on environmental issues, such as noise, dust creation, traffic flow, or water quality or any expansion to the boundaries of the area to be mined. VI-30 Redding Zoning Ordinance Update Exploration or Prospecting. 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. To curtail for a period of one year or more surface mining operations by more than 90 percent of the operation's previous maximum annual mineral production with the intent to resume those surface mining operations at a future date. M/ned 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 that result from, or are used in, surface mining operations are located. Minerals. 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. Any person who is engaged in surface mining operations himself or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation. Overburden. 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. Reclamation. The process of land treatment that minimizes 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 alternate 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, stabilization, or other measures. State Board. State Mining and Geology Board in the Department of Conservation, State of California. State Geologist. Individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code. 1/I-31 Redding Zoning, Ordinance Update Surface Mining Operations. 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: A. In-place distillation, retortion, or leaching. B. The production and disposal of mining waste. C. Prospecting and exploratory activities. Natural Feature. Any tree, plant life, water feature, or rock outcropping. Noise Terms. A.weighted Sound Level shall mean the sound level in decibels as measured on a sound level meter using the A-weighting network weighted to the range of human hearing. The level so read is designated dBa or dBA. Ambient Noise shall mean all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, the ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes without the inclusion of noise from isolated identifiable sources at the location and time of day near that at which a comparison is to be made. Construction shall mean any site preparation, assembly, erection, substantial repair, alteration, or similar action for or on public or private rights-of-way, structures, utilities, or similar property. Decibel shall mean a unit for measuring the amplitude of a sound equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. Emergency Work or Action shall mean work or action made necessary to restore property to a safe condition after a public calamity, or work required to protect persons or property front imminent exposure to danger or damage, or work by public or private utilities to restore utility service. Intrusive Noise shall mean that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content, as well as the prevailing ambient noise level. VI-32 Redding Zoning Ordinance Update Noise Disturbance shall mean any sound which: 1. Endangers or injures the safety or health of human beings or animals. 2. Annoys or disturbs a reasonable person of normal sensitivities. 3. Endangers or injures personal or real property. Noise Level shall mean A-weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micropascals. The unit of measurement shall be designated as dBa. Real Property Boundary shall mean an imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. Sound Level Meter shall mean an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meet or exceed the requirements pertinent for type $ lA meters in the American National Standards Institute Specifications for sound level meters, S 1.4-1971, or the most recent revision thereof. Nonconforming Terms. Abandoned. A use has ceased or a structure has been vacated for a time period as specified in this chapter. 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. Intensity. The measurable impacts which a use has on infrastructure, the environment, or nearby property and uses. Nonconforming Sign. A sign, outdoor advertising structure, or display of any character that was lawfully erected or displayed, but that does not conform with currently applicable requirements prescribed for the district in which it is located by reason of adoption or amendment of this chapter or by reason of annexation of territory to the city. Nonconforming Site. 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. Nonconforming Semcmre. A structure or portion thereof lawfully existing at the time this title became effective and that was designed, erected, or structurally altered for a use that does not conform to the use of the zone in which it is located or that does not comply with all the height and area regulations of the zone in which it is located. Nonconforming Use. A use of a structure on land that was lawfully established and maintained, but which does not conform with currently applicable use regulations for the district in which it is located by reason of adoption or amendment of this chapter or by reason of annexation of territory to the city. VI-33 Redding Zoning Ordinance Update "0" District. Means one or more of the following office districts: "LO" Limited Office or "GO" General Office. Occupancy, Change. A discontinuance of an existing use and the substitution therefore of a use of a different kind or class. Occupied. Arranged, designed, built, altered, converted, rented or leased, or intended to be occupied. Off. Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Open-Space Terms. 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: Creeks, rivers, ponds, and areas within the 100-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. Areas with steep slope exceeding 20 percent and other unstable soil areas. 3. Areas having scenic, historic, archaeological, and/or cultural value. 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), incorporated by reference herein and as amended from time to time. Open. Space Easement. As defined in Government Code Section 51075(D), open-space easement is any fight or interest in open-space land acquired by the City by map or separate instrument which imposes restrictions that effectively preserve for public and/or private use or enjoyment the unimproved, natural, or scenic character of such open-space land. Public Open. Space Easement. 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. Private Open. Space Easement. 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. Public Open Space. Land owned by the City in fee which has been set aside for open-space purposes whereupon the public has the right to access and use of the property. V/-34 Re&ting Zonine Ordinance Update Outdoor Activity Areas. Private. An open area outside a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Common. An open area within a residential development reserved for the exclusive use of residents of the development and' their guests. Usable. An outdoor or fenced area on the ground or on a roof, balcony, deck, porch, or terrace designed and accessible for outdoor living, recreation, pedestrian access, or landscape, but excluding parking facilities, driveways, utility or service areas, or any required front or comer side yard and excluding any space with a dimension of less than 6 feet in any direction or an area of less than 36 square feet. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward, except as otherwise provided in this chapter, including a front yard, side yard, comer side yard, or rear yard. Permitted. Allowed without a requirement for approval of a conditional use permit or temporary use permit. Person. Also includes association, firm, co-partnership, or corporation. Personal Service. 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; and photographic studio and studios and schools of the arts, music, and dance. Plan Lines. Official lines established by law in accordance with the master street and highway plan of the City for the purpose of establishing the alignment and 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. Planning Commission. The City Planning Commission. Porch. A covered platform, usually having a separate roof, at an entrance to a dwelling or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Preexisting. In existence prior to the effective date of this chapter. Preservation. The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure and the existing form and vegetative cover of a site. VI-35 Redding Zoning Ordinance Update Professional Office. Offices, professional offices, studios, and clinics as follows: 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, dentist, chiropodist, chiropractor, psychologist, optometrist, social worker, insurance, real estate, title insurance, travel agency, and offices of governmental, charitable, cultural, educational, recreational, and social organizations. Project. Any proposal for new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this chapter. Public Parking Area. An open area, other than a street, used for the temporary parking of more than 4 automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers. "R" District. Means one or more of the following residential districts: "RL" Rural Lands, "RE" Residential Estate, "RS" Residential Single Family or "RM" Residential Mixed Housing. Reconstruction. The act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time. Recycling Terms. Processing Facility. A building or enclosed space used for the collection and processing of recyclable material and/or used motor oil by such means as flattening, mechanical sorting, compacting, bailing, shredding, grinding, crushing, and cleaning. A light-processing facility occupies less than 45,000 square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials. · A heavy-processing facility is any processing facility other than a light-processing facility. Recyclable Material. Reusable material, including, but not limited to metals, glass, plastic, and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials, but may include used motor oil. Recycling Fac///ty. A center for the collection and/or processing of recyclable materials. Reverse Vending Machine. An automated mechanical device that accepts at least one or more types of empty beverage containers, including aluminum cans, glass, and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and VI-36 Redding Zoning, Ordinance Update process containers mechanically, provided that the entire process is enclosed within the machine. A single-feed revenue vending machine is designed to accept individual containers one at a time. A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight. Rehabilitation. The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the Property that are significant to its historical, architectural, and cultural values. Residential Density Bonus Terms. Affordability. The economic feasibility to construct lower-income housing in the proposed development. Affordable Hous/ng. 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 households. Densit~ Bonus. An increased density of at least 25 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 as defined by the State of California Government Code Section 65915, et seq. Equivalent Financial Value. 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. Lower- and Very Low.Income Households. Income limits published by the State Department of Housing and Community Development. This applies to both for-rent and for-sale housing. Residential Structure Types. Accessory Unit (also known as second dwelling unit). An attached or detached dwelling unit that is located on a single lot with a primary dwelling unit and provides complete facilities for independent living for one or more persons. These facilities include permanent provisions for living, sleeping, cooking and sanitation. Apartment. A room or suite of rooms occupied or suitable for occupancy as a residence for one family. V/-37 Re&ling Zoning Ordinance Update Dwelling. A building designed exclusively for residential occupancy, including single-family, duplex, and multiple-family, but not including a hotel, motel, boardinghouse, asylum, or jail, where people are housed by reason of illness or under legal restraint. Dwelling Group. A group of 2 or more detached or semidetached one-family, 2-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. Dwelling Unit. One or more habitable rooms designed for occupancy by only one family for living and sleeping purposes and having a kitchen. Dwelling, Multiple Family. A building, or portion thereof, used and designed as a residence for 3 or more families living independently of each other with an individual kitchen for each, including apartment houses, apartment hotels, and flats, but not including automobile courts. Dwelling, Single Family. A building containing only one kitchen, designed for or used to house not more than one family, including all domestic employees of the family. Dwelling, Single. Family Attached. A dwelling unit on an individual lot that has at least one common wall with one or more other dwelling units on separate lots. Dwelling, Two. Family or Duplex. A building containing not more than 2 kitchens designed exclusively for occupancy by 2 families living independently of each other, including all domestic employees of each family. Room, Habitable. An unsubdivided portion of the interior of a dwelling unit, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces. School, Elementary or High. An institution of learning that 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. Setback Line. A line within a lot parallel to a corresponding lot line that is the boundary of any specified front, side, comer side, or rear yard or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, corner side, or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. Shopping Center. A unified group of retail businesses and service uses on a single site with common parking facilities. A shopping center may include pads for future buildings. VI-38 Re~d~g 7_.oning O'r~/nance ~pd~te Sign Terms. Abandoned Sign. Advertising display that was lawfully erected, but whose use has ceased or the structure upon which the sign was displayed has been abandoned by its owner for a period of not less than 30 days. Accessory Sign. A secondary-in-purpose sign that provides on-site information concerning the business that is not indicated on the primary identification sign(s), such as store hours, accepted credit cards, quality ratings or affiliations, vacancies, parking, and traffic direction. Advertising. Any promotion primarily intended to attract attention to goods or services rendered upon property whereupon the advertising is occurring. Aggregate Sign Area. The total area of all signs on a lot, including temporary promotional signs. Animated Sign. Any sign that has mechanical movement, rotation, or change of lighting to depict action or create a special effect or scene. Approved Combustible Materials. Wood or materials not more combustible than wood. Approved Combustible Plastics. Plastics that, when tested in accordance with ASTM standard method of testing for flammability of plastics over 0.050-inch thickness (D635-44), burn no faster than 2.5 inches per minute in sheets of 0.06-inch thickness. Appurtenant Sign. A sign pertaining to the business or activity carried on at the premises (lot) upon which the sign is located, constructed, or erected. Architectural Feature. Prominent or characteristic part of a building. Examples of architectural features are windows, columns, awnings, marquees, and fascias. Art. 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 determined by the Board of Administrative Review, Planning Commission, or City Council. Awning. A cloth, plastic, or other flexible nonstructural 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. A sign incorporated into or attached to an awning or canopy. Banner. A sign of temporary construction made of vinyl, canvas, or equally similar flexible material. Beacon or Searchlight. 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. VI-39 Redding Zoning Ordinance UIxtat~ Billboard. A freestanding, off-site sign made available for lease or rent and/or governed by the Outdoor Advertising Act. Canopy. A permanent roof-like shelter, either freestanding or supported by a building. Canopy Sign. Any advertising of any nature that is painted, printed, sewed, or otherwise attached to a canopy. Changeable Copy Sign. 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), or electrical or 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 chapter and the Uniform Building Code as adopted by the City. Copy. Any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof, which relates to advertising, identification, or notification. Design Review Manual. 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 acceptability of proposed signs and murals that require design review as part of permit approval. Detached Sign. A pole, monument, or shopping center identification sign. Directional Sign. An on-site accessory sign designed to guide or direct pedestrian or vehicular traffic. Donor. Any person, group of people, organization(s), or business(es) who finances a building mural. Double Frontage Lot. A parcel having lot frontage on 2 or more streets. Electrical Code. The Electrical Code of the City. Electronic Message Board. A sign that uses lighting to advertise goods and services and has the capability of changing the advertising message several times during a single hour (refer to Changeable Copy Sign). Enforcement Officer. The public employee(s) or officer designated by the Development Services Director of the City to perform the duties imposed by this chapter on the Enforcement Officer. VI-40 Redding Zoning Ordinance Update Flag or Patr/ot/c Symbol. 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 government and flags of state-recognized political subdivisions. Illegal Sign. A sign that (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 30 consecutive days or more; (3) was legally erected but that later became illegal as a result of the completion of the amortization period; or (4) is a sign that is a danger to the public, is unsafe, or is a traffic hazard. Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purposes of illuminating the sign. Logo. A graphic symbol, picture, image, or lettering used separately by a business in connection with other advertising to promote the sale of goods and services by the owner of the logo. Marquee. A permanent roofed structure attached to and wholly supported by a building that may project beyond the building. Marquee Sign. Any advertising matter of any nature that is attached to a marquee. Monument Sign. 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. Nameplate. A sign that displays only the name, address, and occupation of the occupant of the premises, is illuminated, and does not exceed 4 square feet. Nonconforming Sign. 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. Off. Site Sign. A sign located off the premises indicated by said sign. This includes billboards. Any sign that 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. A sign that designates the activities and uses of the premises on which it is located. An on-site sign is also known as an appurtenant sign. Pennant. 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. VI-41 Redding Zoning Ordinance Pole Sign. A detached sign that is supported by one or more uprights, poles, or braces in or upon the ground or by a structure other than a building that meets the height, size, landscape, location, and illumination requirements of this code. To qualify as a pole sign, the cabinet or frame (or equivalent) bottom shall be elevated at least 7 feet above grade. A pole with an advertising flag having sign copy or logo shall be considered a pole sign. Portable Sign. A sign other than a temporary approved sign not permanently attached to the ground or building and used for on- or off-site advertisement purposes. Portable signs include, but are not limited to, signs displayed on vehicles, trailers, and A-frame signs. Projecting Sign. A sign that is suspended from or supported by any building or structure and that 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. Signs that may be constructed of all-weather material including vinyl, canvas, or similar material, and are intended for, but are not limited to, 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. Temporary signs used for special occasions that are installed for a specific limited period of time established by this chapter. Real Estate Development Sign. A temporary off-site sign advertising the sale or lease of newly developed residential subdivisions, residential condominiums, and residential planned developments containing at least 5 lots or at least 10 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. 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. Roof Line. The top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette. Roof Sign. A sign located on or attached to the roof of a building. Shopping Center Identifier or Locator Sign. A detached appurtenant sign larger than a pole sign in height and area that identifies the name of a shopping center having at least 300,000 square feet of enclosed retail floor area. Such signs are intended to be viewed from adjacent 4- to 6-lane arterial traffic. Sign. 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. VI-42 Redd~ng 7_~nin~ Orc~nance U~ Sign Area. Sign area shall be computed by measuring the entire area contained within 'the frame cabinet, including all ornamentation or decoration used to attract attention. In computing the maximum permissible sign area or display surface, standard mathematical formulas for 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 multi-faced signs shall be the total sum of all display surfaces. The sign copy of a multi-faced 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. 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. Advertising by the pasting, posting, 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, or surfaces 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.o[.the.Art Sign Design. A sign technology that includes, but is not limited to, Electronic Message Boards, Sony JUMBO/tron, etc., that develops or occurs following the adoption of the Sign Ordinance. Supergraphic Wall Sign. A 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 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 5-foot separation between the advertising and graphic, then the graphic may not be considered as supergraphic. Temporary Sign. A sign not constructed or intended for long-term use. The maximum frequency and length of display shall be as set forth Section 18.42.040(M). 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. V/-43 Time and Temperature Signs. A sign that provides information about time and temperature in the public's interest without transmitting any advertising message. Wall Mural. A 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 name, 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. A sign that is attached to or placed directly onto a parapet or wall of a building. This includes, but is not limited to, signs supported by a wall, painted signs, supergraphics, murals, etc. Window Sign. Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or within 12 inches of the window surface or upon the window panes or glass and is visible from the exterior of the window. Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this chapter and is in a single ownership or under unified control. Story. 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. Half Story. A story with at least 2 of its opposite sides situated in a sloping roof, the floor area of which does not exceed v-/'a of the floor area immediately below it. Stream Buffer Terms. Riparian Vegetation. An association of plant species growing adjacent to, and dependent upon, freshwater courses, including perennial and intermittent streams, lakes, and other bodies of freshwater. Top of Bank. That area associated with a stream that contains the normal winter stream flows. In cases where the top of bank is not obvious or is in dispute, it shall be determined based on the area containing a 10-year flood event. In the case of streams with multiple channels, top of bank shall be the outermost bank of the stream. In no case, however, shall top of bank exceed the defined limits of the 100-year-flood event as determined under the procedures of this code. Street. A public thoroughfare that 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. ReJ~ting Zoning Ordinance Up'rte Street Line. The boundary between a street and property. Swimming Pool and Hot Tub Terms. Water-filled enclosures having a depth of 18 inches or more used for swimming or recreation. Grade. The underlying surface such as earth or a walking surface. Owner. Any person, agent, firm, or corporation having a legal or equitable interest in the property. Swimming Pool, or Pool. Any structure intended for swimming or recreational bathing that contains water over 18 inches deep. Swimming pool includes in-ground and aboveground/on- ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and non-portable wading pools. Swimming Pool, Indoor. A swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of said structure. Swimming Pool, Outdoor. Any swimming pool which is not an indoor pool. Structural Alterations. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders. Structure. 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. Targeted Housing Units. Those units intended to be affordable to lower- and very low-income households. Transmission Line. An electric power line bringing power to a receiving or distribution substation. Temporary Uses. Arts and Crafts Shows, Outdoor. Display and sale of painting, sculpture, hand crafts, and similar objects. Commercial Filming. Commercial motion picture or video photography. Farmers' Market. Recurring sales of agricultural, horticultural, and other food products. Sales. An office, including a manufactured or mobile unit, for the marketing, sales, or rental of residential, commercial, or industrial development. Swap Meets. Trade Fairs. Retail sales or exchange of new, handcrafted, or secondhand merchandise. Display and sale of goods or equipment related to a specific trade or industry. VI-45 Red~iing Zoning Ordinance Upd~lte Telecommunication Terms. Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves. Building. Mounted. An antenna that is affixed to or supported by the roof or exterior wall of a building or other structure. Ground.Mounted. An antenna that is fully or partially supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground. Collocation. The location of 2 or more wireless communication facilities on a single support structure or otherwise sharing a common location. For the purposes of this chapter, collocation shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures. Communication Tower. Any structure that is used to transmit or receive electromagnetic radio frequency waves or that supports such a device. Electromagnetic Radio Frequency Waves. Waves of electric and magnetic energy radiating away from a transmission source to be picked up by a receiving antenna for the purpose of communicating information. Wireless Communication Facility. A facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves. Tree Terms. Certified Arbor/st. A person who holds a current certificate from the Western Chapter of the International Society of Arboriculture. Cutting. The detaching or separating from a protected tree any limb, branch, or root. Cutting shall include pruning and trimming. dbh (diameter at breast height). The trunk diameter measured at four and one-half (4.5) feet above the ground (diameter = circumference ~- 3.142). Damage. Any action undertaken which may cause death or significant injury, or which places the tree in a hazardous condition or in an irreversible state of decline. This includes but is not limited to cutting, topping, girdling, or poisoning. Developed Parcel. Any individual lot that is occupied by a principal building. V/-46 Redd/ng Zoning Ordinance Update Discretionary Projects. Projects shall include but not be limited to those projects subject to: a use permit (including administrative use permit), a parcel map, a tentative subdivision map, a site-plan review, a variance, a rezone, or a planned development. Drip Line. 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. Preserved Tree. A tree that is required to be preserved and protected under discretionary project approval. Person. Any natural person, partnership, firm, corporation, governmental agency, or other legal entity. Protected Tree. Any living tree having at least one (1) trunk of six (6) inches or more in diameter when measured four and one-half (4.5) feet above the ground (dbh). Registered Professional Forester. A person who holds a valid license as a professional forester pursuant to the provisions of the State Code. Removal. The physical removal of a tree, or causing the death of a tree through damage, poison, or other direct or indirect action. Shrub. A woody plant of relatively low height, distinguished from a tree by its height and having several stems. Tree. 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 nomenclature. Perennial shrubs are not classified as trees in this chapter. As stated in Section 1.04.010, the singular "tree" includes the plural "trees," and the plural the singular. Underdeveloped Parcel. Any parcel that can be more intensively developed under the zoning regulations of the City. Vacant Parcel. An individual lot that is not occupied by a principal building. Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road. VI-47 Redding Zoning Ordinance Update Yard. An area between a lot line and a setback line, unobstructed and unoccupied from the ground upward, except for projections permitted by these regulations. Yard, Front. An area extending across the full width of the lot between the front lot line and the nearest line of the building. The front yard may face either street frontage of a comer lot at the option of the owner. Yard, Rear. An area extending the full width of the lot between a rear lot line and the nearest line of the building. Yard, Side. An area extending from the front yard to the rear yard between the nearest side lot line and the nearest line of the building. Front Yard Rear Yard Side Yard Corner Side Yard VI.48 18.62: Rules of Measurement Sections: 18.62.010 18.62.020 18.62.030 18.62.040 18.62.050 18.62.060 18.62.070 18.62.080 18.62.090 18.62.100 18.62.110 18.62.120 18.62.130 Purpose Reserved Determining Floor Area Ratio Determining Lot Coverage Fractions Measuring Distances Measuring Distances on Maps Measuring Height Measuring Lot Widths and Depths Setbacks Setback Averaging Measuring a Radius Measuring Sign Area 18.62.010 Purpose This section explains how various measurements referenced in this Zoning Ordinance are to be calculated. 18.62.020 Reserved 18.62.030 Determining Floor Area Ratio The floor area ratio shall be measured as the proportion of allowable building floor area per area of the parcel of land upon which the building rests. For purposes of calculating the floor area ratio, gross floor area associated with the following is excluded: (a) attic space having a headroom of 7 feet or less, (b) space devoted exclusively to enclosed parking and loading, (c) a utility room or furnace room, and (d) basement space. FAR = 2 FAR = 2 2 stories covering the entire lot 4 stories covering 50 percent of the lot Section 18.62.030 FLOOR AREA RATIO VI.49 Redding Zoning Ordinance Update 18.62.040 Determining Lot Coverage The total land area covered by all principal and accessory structures on a site, including projections, shall be considered in determining lot coverage except the following: A. Eaves projecting less than 2.5 feet from a building. Bo Trellises and similar structures that do not have solid roofs. Uncovered and unenclosed decks, porches, landings, balconies, and stairways (the portion of which is less than 30 inches above grade). >2.5 ft >2,5 ft >2.5fl Roof, awning or other structure ....... ~'4 .......... ~ ............. P .ro_p_e.r t,y. _L.i n .e_ ......... 1 Building i Area of, coverage Deck > 30 inches high Section 18.62.040 LOT COVERAGE 18.62.050 Fractions When calculations result in fractions the results will be rounded as follows: ao Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result will be rounded to the next whole number. For example, if a minimum requirement of one tree for every 30 feet is applied to a 50-foot strip, the resulting fraction of 1.37 is rounded up to 2 required trees. Maximum Limits. When a regulation is expressed in terms of maximum limits, any fractional result of 1/10 or above will be rounded to the next whole number. For example, if a maximum limit of one dwelling unit for every 20,000 square feet in the "RE-20" District is applied to a 56,000-square-foot site, the resulting fraction of 2.8 is rounded up to 3 allowed dwelling units. However, the maximum density permitted within the range established by the General Plan cannot be exceeded. VI.50 Redding Zoning Ordinance Update 18.62.060 Measuring Distances Ao Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following .the topography of the land. See Figure 18.62.060-A. IX. X 'X ("X" is measured to the foundation) Section 18.62.060-B MEASURING SHORTEST DISTANCE Bo Co Required Setback Multi-story Building · ' Underground Parking Section 18.62.060-E UNDERGROUND STRUCTURES Do Eo Street Section 18.62.060-A and D MEASURING DISTANCES Measurements are of the Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects. See Figure 18.62.060-B. Exceptions are stated in subsections (c), (d), and (e) below. Measurement of Vehicle Stacking or Travel Areas. The minimum travel distance for vehicles, such as garage-entrance setbacks and stacking-lane distances, is measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the arc of the driveway or traffic lane. Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure. Chimneys, eaves, and bay windows up to 12 feet in length are not included in the measurement. Other features, such as covered porches and entrances, are included in the measurement. Underground Structures. Structures or portions of structures that are entirely underground are not included in measuring required distances. See Figure 18.62.060-C. VI-51 Redding Zoning Ordinance Update 18.62.070 Measuring Distances on Maps Zone boundaries that are shown crossing lots are usually based on a topographic feature, floodplain limits, a certain distance from a stream corridor, or a right-of-way line. When zone boundaries are shown crossing properties with no clear indication of the basis for the line, exact distances are to be determined by scaling the distances from the zoning map using the center of the zoning line on the map. 18.62.080 Measuring Height ao Measuring Building Height. Height of buildings is measured as provided in this code. The height of buildings is the vertical distance above the finished grade adjacent to the structure and the highest point on the roof. For a flat roof, the measurement is made to the top of the parapet or, if there is no parapet, to the highest point of the roof. The measurement is made to the deck line of a mansard roof or to the height of the highest gable of a pitched or hipped roof. For other roof shapes, such as domed, vaulted, or pyramidal shapes, the measurement is to the highest point. See Figure 18.62.080-A and -B. A = HEIGHT OF BUILDING AT ANY POINT ALONG SLOPE Section 18.62.080-A MEASURING HEIGHT- SLOPING LOTS Pitched or Hip Roof Mansard Roof Flat Roof Section 18.62.080-B MEASURING HEIGHT - ROOF TYPES Bo Measuring Height of Other Structures. The height of other structures, such as fences, is the vertical distance from the ground level immediately under the structure to the top of a structure. Special measurement provisions are also provided below. Measuring Height of Retaining Walls and Fences. Retaining walls and fences on top of retaining walls are measured from the ground level on the higher side of the retaining wall. VI-52 Redding Zoning Ordinance Update Measuring Height o[ Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck if there is no rail or if the rail walls are more than 50 percent open and from the ground to the top of the rails for all other situations. 18.62.090 Measuring Lot Widths and Depths A. Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear lot line. B. Lot Width. The horizontal distance between the side lot lines measured at the front property line and at the front building-setback line. 18.62.100 Setbacks Setbacks shall be measured as depicted in the following figure. Building setbacks are measured from the foundation line. I REAR SETBACK TO DETACHED STRUCTURE on BUILDING ::o SEPARATION m '~ CORNER HOUSE SIDE SIDE REAR PROPERTY LINE FRONT SIDEWALK STREET '-' Section 18.62.100 SETBACKS VI.53 Redding Zoning Ordinance Update 18.62.110 Setback Averaging Certain regulations allow for setbacks to be averaged. In these situations, the required setback may be reduced to the average of the existing setbacks of the lots that are on both sides of the site. See Figure 18.62.110. The following rules apply in calculating the average: Setback for lot B is the average of the existing setbacks for lots A and C Setback for lot E is the average of the existing setback for lot D and the required setback for lot F, The normally required I The existing setback Setback for lot H is the average of the existing setback for lot G and the required setback for lot H along the same street. io The averaged setback The setbacks used for the calculations Section ~S. 6z ~o must be the SETBACK AVERAGING same type of setback that is being averaged. For example, only garage-entrance setbacks can be used to average a garage-entrance setback. Bo Only the setbacks on the lots that are on the same street side may be used. Setbacks across the street or along a different street may not be used. C. When one abutting lot is vacant or if the lot is a comer lot, then the average is of the setback of the abutting nonvacant lot and the required setback for the vacant lot. 18.62.120 Measuring a Radius Whenever this Zoning Ordinance refers to a distance other than a "walking distance," the measured specified distance from a particular project shall be measured the required distance in a straight line, without regard to intervening structures or objects, from all points along the lot line of the subject project. VI-54 Re&ting Zoning Ordinance Update 18.62.130 Measuring Sign Area Sign Area. The sign area shall be measured as the area within the smallest perimeter that will enclose all the letters, figures, or symbols which comprise the sign, but excluding essential supports. For double-faced signs, the area will be the total of one side. For multi-faced signs, area will be the total of all faces. Sign Height. The sign height shall be measured as the dimension determined by measuring the distance between the highest point of the actual sign face and the finished grade directly below it. Sign height shall be measured in feet. WIDTH · WIDTH · WIDTH WIDTH - · WIDTH . WIDTH · Section 18.62.130 SIGN AREA VI-55