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HomeMy WebLinkAboutOrdinance - 2443 - Amend Title 18 . . ORDINANCE NO. 2443 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING) CHAPTER 18.31 (RESIDENTIAL DISTRICTS: "RE" RESIDENTIAL ESTATE, "RS" RESIDENTIAL SINGLE FAMILY, AND "RM" RESIDENTIAL MULTIPLE FAMILY) BY AMENDING SCHEDULE 18.31.030-C; CHAPTER 18.33.020 (LAND USE REGULATIONS) BY AMENDING SCHEDULE 18.33.020-A; CHAPTER 18.41 (OFF-STREET PARKING AND LOADING) BY AMENDING SECTION 18.41.040; CHAPTER 18.42 (SIGNS) BY AMENDING SCHEDULE 18.42.040-A; CHAPTER 18.51 ("FP" FLOODPLAIN OVERLAY DISTRICT) BY AMENDING SECTIONS 18.51.020, 18.51.030, 18.51.080 AND 18.51.130; CHAPTER 18.60 (USE CLASSIFICATIONS) BY AMENDING SECTIONS 18.60.040 AND 18.61.010, 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 September 22,2009, 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 OFTHE 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 18.31 (Residential Districts: "RE" Residential Estate, "RS" Residential Single Family, and "RM" Residential Multiple Family), Schedule 18.31.030-C is hereby amended to read as follows: Schedule 18.31.030-C: Development Regulations-"Residential" Districts Buildin Form and Location Maximum Hei ht (feet) Minimum Yards feet 35 (2) ~ cr Page I of 8 Front 25 15 15 15 e . Minimum garage setback of 20 feet in all districts .(1) .(8) all districts .SeeSection 18.31.050for small-lot subdivisions .(9) 15 feet total; no Aggregate side yard less than 5 feet 5; 10 for Side 30'; no (except small- 2 or more 10 side less than 10' lot subdivisions stories (Section 18.31.050) Comer Side 15 15 15 15 .(2); (3); (4}-for RM districts .(8) for RE & RS districts Rear 15 15 15 15 .(8) for RE & RS districts .See Section 18.46.040 for existing nonconforming building setbacks .(9) . 10) .(2) .(8) for RE & RS districts Distance Between Main Structures Single-story-IO 11 1&2 story-I 5 113 or more stories-201l (7) RM districts ani Limitations on Parking Frontage Yes Yes Yes Yes Front-yard setback area may not be used for required parking; minimum garage and carport setback of 20 feet where garage or ca ort faces a street (6) Gara e Franta e Limitations Other Standards Accesso Uses/Structures Buffer Yards Common and Private Open S ace Desi n Criteria Roof-Mounted Mechanical E ui ment Setbacks from Creeks and Ri arian Areas S Plane Yes Yes See Section 18.43.020 See Section 18.40.020- RM districts ani (5) RM districts only For discretiona ermits, see Section /8.40.050 Prohibited - See Section 18.40.130 See Chapter 18.48 See Section 18.40.150 RM districts onl Section 3. Title 18 (Zoning), Chapter 18.33.020 (Land Use Regulations), Schedule 18.33.020-A is hereby amended to read as follows: Page 2 of 8 Schedule 113.020-A: Use RegUlations-lfcommtiallf Districts ',r.'NG'r'lnSG1rl'''Jl(l,'!:I~JGCI1,'1!lGCfr.'\lR~I'IHC'1IAailltlillW:D.ei!\ilatlil\!S: Residential Use,r;; Sin2le-Family L7 ~ ~ L7 - L6 Multiple-Family L7 L7 L7 S S - 'See Sec. 18.33.050 Supportive HousinE: Facilities - - - S S S Multiple-Family Only Transitional Housing Facilities - - - S S S Multiple-Family Only Public and Semipublic Vses Clinics L8 L8 P P Sd P Clubs and Lod2es - ~ P Colleges and Trade Schools, Public or Priyate ~ S S P S Community Centers V V U V 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 V U Religious Facilities S S S P S S Residential Care, General S - - Sd - ~ Schools, Public or Priyate S S S S ~ S Commercial Uses Adult Business Establishments - - - - - U 'See Sec. 18.43.030 fA.djacent to an "R" Animal Sales and Services L8 P P P S P District, outdoor kennels Iprohibited Lar2e Animal Veterinary Services ~ ~ ~ P - P Banks and SaYings and Loans L4 L4 L4 L4 Sd L4 Bed and Breakfast Establishments - ~ ~ Sd Sd ~ 'See Sec. 18.43.060 Building Materials and Seryices - - 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. 18.43.090 Site development pennit- Eating and Drinking Establishments Director required fo outdoor seatin2 BarslNi2htclubs/Lounges 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 'See Sec. 18.43.080 Food and Beverage Sales P P P P P P Food Preoaration P P P P P P Funeral Parlors and Mortuaries P P Home Improvement Sales and Services L8 L8 P P ~ P Homeless Shelters - - - ~ - P See Sec. 18.43.160 Hotels and Motels ~ ~ S S S S Must meet Calif BuildinE Hotel, Residential - - - V U U Code requirement fo efficiency dwelling unit Laboratories - P P P P P Maintenance and Repair 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 Parking Facilities, Commercial ~ S S S S S Personal Imorovement Services P P P P P P Recreational Vehicle Parks ~ ~ ~ U - V Personal Services P P P P P P Page 3 of 8 ~..tSG.'\ 'nR€~~i :"C;C'" ~"'''lIC'''''4ditil)lIil~urtiti$: :> .y,y.:.y:: : ..: ..!l 0:. Retail Sales P P P P P PILIO lSee Section 18.43.130 Recycling Station L7 L7 L7 L7 L7 L7 Travel Services P P P P P P Vehicle Equipment Sales and Services Automobile Rentals - - S Sd - Sd Automobile/vehicle Repair, Major - - - LlI Ll3 Lit ~ee Sec. 18.43.050 AutomobileNehicle Reoair, Minor - LlI LlI LlI Ll3 LlI lSee Sec. 18.43.050 AutomobileNehicle Sales and Leasing - - S Sd Ll3 Sd Automobile Washing - S S Sd L7 Sd Heavy Equipment Sales, Service, & - - - U S Rental Large Vehicle Sales, Service, & Rental S Ll3 S Vehicle Storage - - - S - S Industrial Uses Contractors' Office & Shoo Buildings - - - - - S Contractors' Storage Yards - - - - - S lSee Sec. 18.43.130 Handicraft/Custom Manufacturing - L8 L8 L8 L8 P Industry, General - - - U Self-Storage Warehouses - S S ~ee Sec. 18.43.150 Warehousing and Storage - S TranSDortation, Communication, and Utilities Uses Communication Antennaeffransmsn Towers - U U U U U lSee Sec. 18.40.010 Communication Facilities Within Buildings - Sd P P - P Freight/truck Terminals and Warehouses - - S Transportation Passenger Terminals S S S S S S Truck Wei.h Stations S Utilities, Maior - - U U - U lAccessorv Uses and Structures ee Sec. 18.43.020 Temoorurv Uses ee Chaoter 18.17 NonconforminJ! Uses ee Chaoter 18.46 .pecific Limitations: L3 No drive-through service except for establishments not exceeding ISO square feet in developed neighborhood L4 commercial projects exceeding 2 acres in area. Site development permit required. Site development permit required for drive-through. L6 Caretakers' quarters only, not to exceed 1,000 square feet. Site Development Pennit-Director required. 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. LlO No shopping centers, power centers, or similar uses allowed. LlI 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 surrounding conforminl! uses. Section 4. Title 18 (Zoning), Chapter 18.41 (Off-Street Parking and Loading), Section 18.41.040 is hereby amended to read as follows: 18.41.040 Off-Street Parking Spaces Required [No changes in Schedule l8.41.040-A or Subsections A through c] D. Motorcycle Parking. Facilities with 25 or more spaces may provide motorcycle parking at a rate not exceeding 3 percent of required spaces. Such spaces shall be counted toward meeting the total number of spaces required for the development by this Chapter. Spaces delineated formotorcYcle parking shall have a minimum area of four (4) feet by ten (10) feet and shall be identified as a motorcycle space by signs or pavement delineation. Page 4 of 8 . . Section 5. Title 18 (Zoning), Chapter 18.42 (Signs) is hereby amended by amending Schedule 18.42.040 to read as follows: [No changes to Subsection A] Increments of Additional Sign Area According to Zoning (See Schedule 18.42.040-A) LO GO NC and GI HI and HC SC, RC, and GC 3 square feet 5 square feet 5 square feet 15 square feet 20 square feet Notes: I "Street Frontage" does not include 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 Multiple parcel shopping center and similar developments shall be considered a single parcel for the purpose of determining the maximum allowable sign area. 3 Ifthe lot does not have street frontage, then the lot-area column ofScheduleI8.42.030-A shall be used to determine the maximum sign area per lot. [No changes to Schedule 18.42.030-A, or to Subsections B-E] Section6. Title 18 (Zoning), Chapter 18.51 (nFpn Floodplain Overlay District) is hereby amended by amending Sections 18.51.020, 18.51.030, 18.51.080 and 18.51.130 to read as follows: 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. These studies may be further supplemented by the Floodplain Administrator based upon the best available information, which may include any base flood elevation and floodway data available from a federal or state agency, other flooding studies, measured high-water elevations from historic flooding events, local topography, or other available information accepted by the City Engineer. The FIS, FIRMs, and the Montgomery-Watson drainage study and any other special studies are on file at the Development Services Department, 777 Cypress Avenue, Redding, California 96049-6071. 18.51.030 General Provisions (lfFpIf Floodplain Overlay District) [No changes to Subsection A through B.I-5] 6. The Transportation and Engineering Department and Development Services Department will review proposed development to ensure that all necessary permits have been received from those Page 5 of 8 governmental agencielom which approval is required by Fed. or State law, including Section 404 ofthe Federal Water Pollution Control Act Amendments of 1972 and CDFG's 1601 or 1603 Agreements. 18.51.080 Construction Standards (nFpn Floodplain Overlay District) [No changes to Subsections A through C.3] D. Elevation and Flood-Proofing I. Residential construction, and accessory structures thereto, including new or substantial improvement in flood zones A, AE, AO, or AI-30, shall have the lowest floor, including basement, elevated a minimum of to or above the regulatory flood protection elevation one foot above the 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. [No changes to Subsections D.2 through D.5] 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 priorto such alteration or relocation of a floodway or floodplain, submit evidence of such notification to the Federal Emergency Management Agency (FEMA) 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. Whenever base flood-elevation changes are due to physical alterations, the City shall submit technical or scientific data to FEMA for a Letter of Map Revision (LOMR) within 6 months of information becoming available or project completion, whichever comes first. 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 ofthe Final LOMR is typically required prior to Final building permit approval (Certificate of Occupancy). Section7. 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: 18.60.040 Commercial Use Classifications Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises. BarslNightclubslLounges. Businesses serving beverages for consumption on the premises as a primary use and including on-site service of alcohol, including beer, wine, and mixed drinks. Beverages, such as beer and wine, may be produced on-site. Restaurants, Full Service. Restaurants serving food and beverages to be consumed on the premises. Take-out or delivery service may also be provided. Beverages, such as beer and wine, may be produced on-site. Page 6 of 8 With Drive-Through tcilities. Establishments providing footlld beverage services to patrons remaining in automobiles. Includes drive-up service. 18.61.010 List of Terms and Definitions-Floodplain Terms Accessory Structure. A structure equal to or exceeding 120 square feet in size that is located on the same parcel of property as the principal structure and is used solely for the parking of cars and/or storage. Base Flood Elevation. The elevation for which there is a one-percent or greater chance in any given year that flood levels will equal or exceed it. Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure. A structure that is either one of the following: . Listed individually in the National Register of Historic Places (a listing maintained by the Department ofInterior) or preliminarily determined by the Secretary ofthe Interior as meeting the requirements for individual listing on the National Register; · Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; . Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary ofInterior; or · Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. New Manufactured Home Park or Subdivision. A manufactured home park or subdivision 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 on or after July I, 1985. Structure. A walled and roofed building with two (2) or more outside rigid walls from floor to roof and a fully secured roof that is permanently affixed to and principally above the ground. This includes a mobile building or manufactured home or a gas- or liquid-storage tank. 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 7 of 8 . . I HEREBY CERTIFY thatt foregoing ordinance was introduced .tread by the City Council of the City of Redding at a regular meeting on the 20th day of October, 2009, and was duly read and adopted at a special meeting on the 26th day of October, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Dickerson, McArthur, Stegall, and Jones COUNCIL MEMBERS: None COUNCIL MEMBERS: Bosetti COUNCIL MEMBERS: None t3C/Lbsitv- RICK BOSETTI, Mayor Attest: j 1;__ Form Approved: ~ t'L (LvrJ. p MEL~ MIZE; -.. . " : ~ ), . f, .- , . "" ~ , ~ RICHARD A. DUVERNAY, ~ . ~... . . . , . ,-, <"... Page 8 of 8