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HomeMy WebLinkAboutOrdinance - 2428 - Amend Title 18 . . ORDINANCE NO. 2428 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING) CHAPTER 18.15 (ZONING EXCEPTIONS) BY AMENDING SECTION 18.15.030; CHAPTER 18.17 (TEMPORARY USE PERMITS BY AMENDING SECTION 18.17.020; CHAPTER 18.31 (RESIDENTIAL DISTRICTS: "RE" RESIDENTIAL ESTATE, "RS" RESIDENTIAL SINGLE-FAMILY, AND "RM" RESIDENTIAL MULTIPLE-FAMILY) BY AMENDING SECTIONS 18.31.020 AND 18.31.040; CHAPTER 18.33 (COMMERCIAL DISTRICTS: "NC" NEIGHBORHOOD COMMERCIAL, "SC" SHOPPING CENTER, "RC" REGIONAL COMMERCIAL, "GC" GENERAL COMMERCIAL, AND "HC" HEAVY COMMERCIAL) BY AMENDING SECTION 18.33.020; CHAPTER 18.40 (DEVELOPMENT AND SITE REGULATIONS) BY ADDING SECTION 18.40.095; CHAPTER 18.41 (OFF STREET PARKING AND LOADING) BY AMENDING SECTIONS 18.41.100 ,18.41.140, 18.41.170 AND 18.41.180 AND DELETING SECTION 18.41.220; CHAPTER 18.42 (SIGNS) BY AMENDING SECTIONS 18.42.040,18.42.090 AND 18.42.110; CHAPTER 18.43 (STANDARDS FOR SPECIFIC LAND USES) BY AMENDING SECTION 18.43.060; CHAPTER 18.44 (SURFACE MINING AND RECLAMATION) BY AMENDING SECTION 18.44.030; CHAPTER 18.46 (NONCONFORMING USES, STRUCTURES, SITES AND PARCELS) BY AMENDING SECTION 18.46.060; CHAPTER 18.53 ("PD" PLANNED DEVELOPMENT OVERLAY DISTRICT) BY AMENDING SECTION 18.53.020; CHAPTER 18.60 (USE CLASSIFICATIONS) BY AMENDING SECTION 18.60.040, ALL RELATING TO CLEANUP AND UPDATING OF THE ZONING CODE WHEREAS, 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 November 25, 2008, and recommended that the City Council adopt said Addendum and amendments. WHEREAS, the City Council held a duly noticed public hearing on this date, prior to the first reading of this ordinance. WHEREAS, the Addendum to the Mitigated Negative Declaration (attached to the staff report) prepared for the amendments to Redding Municipal Code Title 18 is appropriate, since 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. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. 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 2. Title 18 (Zoning), Chapter 18.15 (Zoning Exceptions), Section 18.15.030 is hereby amended to read as follows: ~ C><2J Page I of IS . . 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: A. [No Change in Subsections A through I] J. Multistory Limitations; Transitional Building Height; Skyplane. The Director may reduce the higher or second-story setbacks required by Section 18.31.030 and/or reduce the building-height limitations established by Sections 18.32.040 and 18.33.040 and/or skyplane requirements by up to 20 percent upon determining that any of the following are in evidence: I. 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. 2. 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. 3. The size or configuration of the developing property is such that it is infeasible to meet the limitations of these sections. K. [No Change in Subsections K through S] T. Surfacing. The requirement for paving driveways over ISO 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. U. [No Change in Subsection U] Section 3. Title 18 (Zoning), Chapter 18.17 (Variances), Section 18.17.020 is hereby amended to read as follows: 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: A. Charitable, Fundraising, and Community Events. Fundraisers and like charitable events, limited to 3 days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fratemal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nomesidential properties and shall not use more than 10 percent of the available site parking. B. [No Change in Subsections B through EJ F. 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 18.17.070. Page 2 of IS . . G. [No Change in subsections G through I] Section 4. Title 18 (Zoning), Chapter 18.31 (Residential Districts: "RE" Residential Multiple- Family Residential Districts), Section 18.31.020 and 18.31.040 are hereby amended to read as follows: 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 afterreview 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 p p P 4 Ll P 3 6 U RM -6 throu h RM -10 districts ani Site development permit required for 5 or more Multiple Family (Apartments) P dwelling units on a parcel; see Schedule 18.31.030-B for maximum allowable densities. (3) (6) S S p p p p p p p p P See Section 18.43.140 p P P S S S U U S See Section 18.43.070 S S S Page 3 of 15 . . Parking Lots Public Safet Facilities Reli ious Facilities Residential Care, General Residential Care, Senior Schools, Public or Private Transitional Housin Facilities Commercial Uses Bed and Breakfast Establishments Commercial Recreation Food and Beverage Sales S U S S S U Sd L2 U S U S S S U Sd L2 U S S S S S U 3 For adjacent office or commercial use only; covered arkin must be at a residential scale. 3d See Section /8.43.060 U Not to exceed 3,500 sf; no gasoline sales or liquor stores 5, 7 Offices, Business & Professional 3 Trans ortation, Communication, and Utilities Uses Utilities, Minor P P P Accesso Uses and Structures Tem ora Uses Noncon ormin Uses Specific Limitations Ll 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 ermit. (I) [No Change to Footnotes (I) through (6)] See Section /8.43.020 See Cha ler /8./7 See Cha ler /8.46 (7) Size limit: 5,000 square feet. Limited to conversion of existing structures in "RM-12" through "RM-30" Districts; new construction is allowed in "RM-6" through "RM-IO" Districts. 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 ISO 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 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. Page 4 of IS . . B. Schedule 18.31.040-E: Single Family Density Increase Components 125% 150% 175% 2 components 3 components 4 com onents I component I component 2 com onents 1. Site Design Components a. [No Changes to subsections La through 1.i] 2. Building Design Components a. [No Changes to subsections 2.a through 2.d] e. All residences are constructed to meet the certification requirements of Earth Advantage, Leadership in Energy and Environmental Design (LEED), or similar energy-efficient building programs. f. Other building design elements can be used if determined appropriate by the Planning Commission. Section 5. Title 18 (Zoning), Chapter 18.33 (Commercial Districts: "NC" Neighborhood Commercial, "SC" Shopping Center, "RC" Retail Commercial, "GC" General Commercial, and "HC" Heavy Commercial) is hereby amended by amending Section 18.33.020 to read as follows: 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 afterreview 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. Page 5 of 15 . . 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). Schedule 18.33.020-A: Use Regulations-"Commercial" Districts Single-Family I L7 I I I L7 I I L6 I Multiple-Family I L7 I L7 I L7 I S I S I ISee Sec. /8.33.050 lPublic and Semioublic Uses Clinics L8 L8 P P Sd P Clubs and Lod.es P Colle.es and Trade Schools, Public or Private - S S P - S Community Centers U U U U - S Community Social Service Facilities - - - - - U Cultural Institutions L8 L8 P P Sd Sd Day Care Center (14 or More) P P P P - S Government Offices L8 L8 P P P P Hospitals - - - S - - Park and Recreation Facilities S S S S S - Parking, Public - S S S S S Public Maintenance and Service Facilities - S Public Safety Facilities L8 P L8 P U U ReliQious Facilities S S S P S S Residential Care, General S Sd - - Transitional Housing Facilities - S - S Schools, Public or Private S S S S - S Commercial Uses Adult Business Establishments U ee Sec. /8.43.030 Animal Sales and Services L8 P P P S P Adjacent to an uRn District, outdoor kennels prohibited Large Animal Veterinary Services - - - P - P Banks and Savings and Loans L4 L4 L4 L4 Sd L4 Bed and Breakfast Establishments - - - Sd Sd - ee Sec. /8.43.060 Building Materials and Services S S P Business Services L8 P P P P P Commercial Recreation S S S S S S Commercial Entertainment - P P P P - Convenience Gas Mart S S S S S S See Sec. /8.43.090 Site development permit Eating and Drinking Establishments Director required for outdoD seatini! BarslNight ClubsILounges U S S S S S Restaurants, Full Service P P P P P P Drive-Up/Drive-Through Service L3 Sd Sd Sd Sd Sd ~ee Sec. /8.43.080 Food and Bevera.e Sales P P P P P P Page 6 of 15 . . Food Prenaration P P P P P P Funeral Parlors and Mortuaries - - - P - P Home I~ovement Sales and Services L8 L8 P P - P Hotels and Motels - - S S S S Must meet Calif Building Hotel, Residential - - - U U U Code requirement fo efficiency dwelling unit Laboratories - P P P P P Maintenance and RenaiT Services L9 L9 L9 L9 L9 L9 See Section 18.43.050 Offices, Business and Professional L8 P P P P P Offices, Medical & Dental L8 P P P P P parkiMFacilities, Commercial - S S S S S Personal IrITDfovement Services 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/LlO LSee Section 18.43.130 Recvclilli Station L7 L7 L7 L7 L7 L7 Travel Services P P P P P P Vehicle Enuinment Sales and Services Automobile Rentals - - S Sd - Sd Automobile/vehicle Renair, Ma;or - - - LlI Ll3 Lll Isee Sec. 18.43.050 AutomobileNehicle Renair, Minor - LlI LlI LlI Ll3 LlI Isee Sec. 18.43.050 AutomobileNehicle Sales and Leasing - - S Sd Ll3 Sd Automobile Washino - S S Sd L7 Sd Heavy Equipment Sales, Service, & - - - U S Rental Lame Vehicle Sales, Service, & Rental - - - S Ll3 S Vehicle Stor..e S - S ndustrio/ Uses Contractors' Office & Shon Buildin~s - - - - - S Contractors' Storave Yards - - - - - S Isee Sec. 18.43.130 Handicraft/Custom Manufacturiov - L8 L8 L8 L8 P Industrv, General - - - - - U Self-Stora.e Warehouses - - - S - S Isee Sec. 18.43.150 WarehousiiU! and Stora.e - - - - - S TranS;;ortation, Communication, and Utilities Uses Communication AntennaefTransmsn Towers - U U U U U l~ee Sec. 18.40.010 Communication Facilities Within Buildings - Sd P P - P F re~t/truck T enninals and Warehouses S Transnortation PasseD;er Terminals S S S S S S Truck Wei~h Stations - - - S Utilities, Maior - - U U - U IAccessorll Uses and Structures Isee Sec. 18.43.020 Te;;;;;or~ Uses Isee Chaoter 18.17 NoncoiliOrmi~ Uses See Chanter 18.46 Page 7 of 15 . . }l~'~li pecific Limitations: L3 No drive-through service except for establishments not exceeding 150 square feet in developed neighborhood commercial projects exceeding 2 acres in area. Site development permit required. L4 Site development permit required for drive-through. L6 Caretakers' quarters only. L7 Only as an accessory use subject to approval of a site development permit. L8 Small-scale only (5,000 square feet or less). L9 No outdoor storage unless a site development permit is approved by the Director. LI0 No shopping centers, power centers, or similar uses allowed. Ll1 Site development permit required if site abuts an "R" district. Ll2 Reserved L-13 Establishment of new uses is prohibited. Enlargements of existing facilities up to 10 percent are allowed by site development permit 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 property not owned or legally controlled by the business entity prior to adoption of this section. Proof of compliance shall be submitted at the time of application for the expansion/enlargements. Such intensifications shall be subject to compliance with all adopted site and building design criteria and development standards applicable within the zoning district and such other site and building design elements determined necessary by the approving authority to ensure compatibility with surroundin conformin uses. Section 6. Title 18 (Zoning), Chapter 18.40 (Development and Site Regulation) is hereby amended by adding Section 18.40.095 to read as follows: 18.40.095 Loading Spacesffiocks Except in industrial districts, where a loading space, dock, or door is visible from a public street or residential district, it shall be screened with an 8-foot-high, solid-masonry wall, or an equivalent screen device or technique, unless a zoning exception is granted in accordance with Chapter 18.15, Zoning Exception. For applications requiring a site development permit or use permit, the screening requirement may be modified by the approving authority based on the circumstances peculiar to the site. Section 7. Title 18 (Zoning), Chapter 18.41 (Off-Street Parking and Loading) is hereby amended by amending Sections 18.41.100 ,18.41.140, 18.41.170 and 18.41.180 to read as follows: 18.41.100 Screening and Landscape A. [No Changes in Subsections A and B] C. Shade Trees. Shade trees shall be planted in the parking lot at a ratio of 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 6 feet. To qualify as parking lot shade trees, the tree must be of a species and variety with an ultimate height and canopy that will provide a shading effect, and the trees must be within 7.5 feet 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 IS-gallon size. In those instances where parking is proposed underground or within a building, the tree to parking space ratio shaH be I: I O. Said trees shall be planted within street-frontage planters or within other landscaped areas in the development. Page 8 of 15 . . D. [No Changes in Subsection D] F. Building Separators. Excepting single-family residences and second dwelIing units, parking spaces directly abutting a building are prohibited. Parking areas shall be separated from a building by a raised walkway with landscape or landscape at least 4 feet in width. 18.41.140 Curb Cuts The installation of curb cuts shall be in accordance with the following standards: A. [No Changes to Subsections A through E.] F. Whenever curb, gutter, sidewalk, or driveway are to be constructed or removed, an encroachment permit shall be obtained from the Transportation and Engineering Director pursuant to Section 13.16.010. Ci [No Change to Subsection G] 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. A. 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 II) and the Council of American Building Officials (CABO)/ American National Standards Institute (ANSI) A117.1-1992, which is a part ofthis 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 II of the California Building Code. 1. Spaces Required. a. 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. (Schedule 18.41.170-A establishes the minimum number of accessible spaces required. ) Schedule 18.41.170-A: Minimum Number of Accessible Spaces for Disabled 1-25 26-50 51-75 76-100 101-150 1 2 3 4 5 Page 9 of 15 . . 151-200 6 201-300 7 301-400 8 401-500 9 501-1000 2 percent of total 100 I and over 20 nlus I ner 100 above 1000 Note: I At least 1 accessible space must be "van accessible." One van-accessible space shall be provided for each 8 accessible spaces. b. 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 signage. Such sign shall not be blocked from view by a vehicle parked in the space. c. 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 ofthe total number of parking spaces provided serve each such outpatient unit or facility. · Units and Facilities that Specialize in Treatment or Services for Persons with Mobility Impairments. Twenty percent of the total number of parking spaces provided serve each such unit or facility. B. Accessible Parking Required. Accessible parking spaces shall be located as near as practical to a primary building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to 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. [No Change to Subsection C] D. One in every 8 accessible spaces, but not less than one, shall be "van-accessible," consisting of a 9-foot-wide parking space, together with an 8-foot-wide access aisle. Where single spaces are provided in addition to the van-accessible space, 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 can be 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 Page 10 of 15 . . unloading aisle in the center. The minimum length of each parking space shall be in accordance with Section 18.41.070, not to be less than 18 feet. E. 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. F. Slope of Parking Space. Surface slopes of reserved parking spaces, a 4- foot-wide area to the sides and rear of the spaces, and access aisles for people with physical disabilities shall be the minimum slope possible and shall not exceed one unit vertical to 50 units horizontal (2 percent) in any direction. 18.41.180 Driveway GradeslWidths A. Grades. No driveway or portion thereof shall have a slope exceeding 15 percent, except that within a public right-of-way, the slope shall not exceed 2 percent in the area required for pedestrian path of travel nor 8 percent between the path of travel and the right-of-way line. 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, but in no case shall the grade exceed 15 percent. B. Widths. 1. [No Change to Subsection B.I] 2. 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)(3). 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. 3. Driveways providing access to open parking areas taking access from one or both sides shall be a minimum of 23 feet in width, or as otherwise allowed in ScheduleI8.41.070-B and Section 18.41.180(B)(1). Section 8. Title 18 (Zoning), Chapter 18.41 (Off-Street Parking and Loading) is hereby amended by deleting Section 18.41.220. Section 9. Title 18 (Zoning), Chapter 18.42 (Signs) is hereby amended by amending Sections 18.42.040, 18.42.090 and 18.42.110 to read as follows: Page 11 of 15 . . 18.42.040 Standards for Certain Types of Signs A. [No Changes in Subsections A through 0] P. Temporary On-Site Real Estate Signs, Commercial/Industrial. All commercial and industrial 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, and the signs are appropriately maintained. Q. [No Changes in Subsections Q through S] 18.42.090 Nonconforming Signs A. All legally constructed signs and sign structures in existence prior to the adoption of this chapter, which were in compliance with all applicable provisions in effect at the time they were established but which no longer comply with the regulations herein, are considered nonconforming signs. Nonconforming signs shall be permitted to remain in existence, provided that such signs cannot be modified to increase any nonconforming aspect of the sign, including, but not limited to, sign area, height, and location. Modifications to support and frame components of the sign shall not be permitted. Any other modifications to the sign and/or sign structure, with the exception of changing sign copy within the existing frame or support, shall require approval of an administrative sign permit. 8. 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. 18.42.110 Abatement and Removal of Illegal Signs A. [No Change to Subsection A] 8. Removal of Signs in Public Right-of-Way. I. The Development Services Director or Transportation and Engineering Director may order the immediate removal of any unauthorized sign placed in the public right-of-way or on public property after documenting the sign location and attempting to contact the sign owner to get the owner to remove the sign. 2. Signs that are confiscated by the City may be retrieved from the Transportation and Engineering Department within 10 calendar days after removal. After this time, the City may dispose of the sign without compensation to the owner. 3. 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 Transportation and Engineering 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 Page 12 of 15 . . 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. Section 10. Title 18 (Zoning), Chapter 18.43 (Standards for Specific Land Uses) is hereby amended by amending Sections 18.43.020 and 18.43.060 to read as follows: 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 issued by the Director is required to establish a B&B in a residential district. A. [No Changes to Subsections A through G] Section 11. Title 18 (Zoning), Chapter 18.44 (Surface Mining and Reclamation) is hereby amended by amending Section 18.44.030 to add Subsection G to read as follows: 18.44.030 Scope The following activities are exempt from the provisions of this chapter: A. [No Changes to Subsections A through F] G Prospecting by simple methods, including manual use of a gold pan and small hand tools and/or electronic metal detecting equipment, in a manner that has little or no detectable affect on land or waterway. Use of motorized equipment and processes, such as sluicing or dredging, shall not apply. Section 12. Title 18 (Zoning), Chapter 18.46 (Nonconforming Uses, Structures, Sites and Parcels) is hereby amended by amending Section 18.46.060 to read as follows: 18.46.060 Residential Structures in Office, Commercial, or Industrial Zones A. [No Change in Subsection A] 8. Use Ceased by Involuntary 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 ofthe district provided that if the building setbacks of the original structure did not conform to district regulations, the nonconforming setbacks may be maintained, but not expanded. 2. [No Changes in Subsections B.2 and 8.3 or C] Section 13. Title 18 (Zoning), Chapter 18.53 ("PD" Planned Development Overlay District) is hereby amended by amending Section 18.53.020 to read as follows: Page 13 of 15 . . 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 unless the Planning Commission determines that, based on the merits of a particular development, a lesser area meets the intent of this chapter. It may be initiated by the City Councilor 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. A. [No Changes to Subsections A and B] Section 14. Title 18 (Zoning), Chapter 18.60 (Use Classifications) is hereby amended by amending Section 18.60.040 to amend two definitions to read as follows: 18.60.040 Commercial Use Classifications [No Change to Definitions of "Adult Business Establishments" through "Business Services"] 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, pinball arcades or electronic games centers, card rooms, and fortune telling; it also includes health and fitness clubs, gymnastic facilities, and similar uses within a "GI" General Industry District. [No Changes to Definitions "Commercial Entertainment" through "Parking Facilities, Commercial"] 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, gymnastic studios, health clubs, and fitness studios. Section 15. 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. Page 14 of 15 . . . 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 16th day of December, 2008, and was duly read and adopted at a regular meeting on the 20th day of January, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Dickerson, Jones, McArthur, Stegall, and Bosetti None None None ~~f~~ Attest: .J ;;,. ) : , ~"".. " r '-. . ~- ; )1"- " /, ,. JJ. ( . < "- - .-J,'" , Form Approved: ~~ CONNIE STR HrYlAYER, . lerk RICHARD A. DUVERNAY, Ci Attorney -. . (:' ~ . I ~. ,,:'- .? _, i~'~~~<~-' * ,~ ,~l, '\ \' Page 15 of 15 .' . . . SUMMARY OF CITY OF REDDING ORDINANCE NO. 2428 The following is a Summary Report of the City of Redding's Ordinance No. 2428, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Title 18, by repealing, adding, or amending various sections as noted below. The proposed ordinance was introduced and read by the Redding City Council on December 16, 2008, and will be considered for adoption at its next regular meeting. SUMMARY By CODE SECTION ZONING CODE ADMINISTRATIVE AMENDMENTS BACKGROUND . The following summarizes the amendments to the Zoning Code. SECTIONS Section 18.17.020, Temporary Uses Exempt From Permits Recommendation. Exempt outdoor fundraisers and activities associated with a recognized community event from the requirement to obtain a temporary use permit. The size of events would be limited to lO percent of the parking area unless a temporary use permit is obtained. Schedule 18.31.020-A, Residential Districts Use Regulations Recommendation. ClarifY that the construction of new offices in the "RM" Residential Multiple Family District are limited to the "RM-6" through "RM-10" Districts. Conversion of existing structures in the "RM-12" through "RM-30" Districts would be allowed. Section 18.31.040, Density Increase Recommendation. Include energy-efficient homes in the list of "Building Design Components" that will help qualifY a development to receive a density increase as a tradeoff for quality design and construction. Section 18.40.095, Loading Spaces/Docks Recommendation. Add a new section that establishes screening requirements for loading docks and similar facilities. Section 18.41.170, Access Requirements for the Disabled Recommendation. Amend this section to reflect current accessibility standards as established by state law. -' . . . Section 18.41.180, Driveway GradeslWidths Recommendation. Amend this section to reflect the recent changes to accessibility requirements for disabled persons that limit the allowable slope within the right-of-way between the curb and property line. Section 18.42.090, Nonconforming Signs. Recommendation. Amend the provisions to allow sign copy to be modified on legal nonconforming SignS. Section 18.44.030, Surface Mining and Reclamation. Recommendation. Include provisions that allow small-scale, recreational-level mining activities, as long as there are no impacts to natural resources. DATED: December 24, 2008 . . . SUMMARY OF CITY OF REDDING ORDINANCE NO. 2428 The following is a Summary Report of the City of Redding's Ordinance No. 2428, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Title 18, by repealing, adding, or amending various sections as noted below. SUMMARY BY CODE SECTION ZONING CODE ADMINISTRATIVE AMENDMENTS BACKGROUND The following summarizes the amendments to the Zoning Code. SECTIONS Section 18.17.020, Temporary Uses Exempt From Permits Recommendation. Exempt outdoor fundraisers and activities associated with a recognized community event from the requirement to obtain a temporary use permit. The size of events would be limited to 10 percent of the parking area unless a temporary use permit is obtained. Schedule 18.31.020-A, Residential Districts Use Regulations Recommendation. ClarifY that the construction of new offices in the "RM" Residential Multiple Family District are limited to the "RM-6" through "RM-IO" Districts. Conversion of existing structures in the "RM-12" through "RM-30" Districts would be allowed. Section 18.31.040, Density Increase Recommendation. Include energy-efficient homes in the list of "Building Design Components" that will help qualifY a development to receive a density increase as a tradeoff for quality design and construction. Section 18.40.095, Loading Spaces/Docks Recommendation. Add a new section that establishes screening requirements for loading docks and similar facilities. Section 18.41.170, Access Requirements for the Disabled Recommendation. Amend this section to reflect current accessibility standards as established by state law. . . Section 18.41.180, Driveway GradeslWidths Recommendation. Amend this section to reflect the recent changes to accessibility requirements for disabled persons that limit the allowable slope within the right-of-way between the curb and property line. Section 18.42.090, Nonconforming Signs. Recommendation. Amend the provisions to allow sign copy to be modified on legal nonconforming SIgnS. Section 18.44.030, Surface Mining and Reclamation. Recommendation. Include provisions that allow small-scale, recreational-level mining activities, as long as there are no impacts to natural resources. Ordinance No. 2428 was introduced and read at a regular meeting of the City Council of the City of Redding on the 16th day of December, 2008, and was duly read and adopted on the 20th day of January, 2009, at a regular meeting of the City Council by the following vote: Ayes: Noes: Absent: Abstain: Council Members: Council Members: Council Members: Council Members: Dickerson, Jones, McArthur, Stegall, and Bosetti None None None A complete copy of Ordinance No. 2428 is on file and available for review in the Office ofthe City Clerk.