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Red Bluff City Zoning Code

ARTICLE XIX

GENERAL PROVISIONS

§ 25.182 GENERALLY.

   The regulations specified in this chapter shall be subject to the general provisions and exceptions contained in this article.
(`61 Code, § 25.19.1) (Ord. 915, passed 6-20-2000)

§ 25.183 SIMILAR USE FINDINGS.

   (A)   By written findings the Planning Commission or the Community Development Director or designee may determine that particular uses not listed as permitted uses or as uses requiring a use permit by this chapter shall, because of similar character to listed uses, be permitted in the districts and in the manner prescribed if the following finds are made:
      (1)   The characteristics of and activities associated with the proposed use are equivalent to those of one or more of the uses listing in the zoning district as allowable or allowable upon issuance of a conditional or administrative use permit and will not involve a higher level of activity or population density than the uses listed in the district;
      (2)   The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and
      (3)   The proposed use will be consistent with the goals, objectives and policies of the general plan.
   (B)   (1)   Appeals from any findings by the Community Development Director or designee shall be made in writing to the Planning Commission within ten days from the date of findings. Appeals from a decision of the Planning Commission shall be made in writing to the City Council within ten days of the Planning Commission decision. Action by the City Council thereon shall be final.
      (2)   The Community Development Director or designee shall maintain a complete list of all uses and districts for which the findings have been made.
(`61 Code, § 25.19.3) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

§ 25.184 RULES GOVERNING USE OF ZONING MAP AND SYMBOLS.

   Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules shall apply:
   (A)   Where such boundaries are indicated as approximately following property, street or alley lines, the lines shall be construed to be the boundaries;
   (B)   Where a district boundary divides a lot, the location of the boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map;
   (C)   A symbol indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries;
   (D)   Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to the vacant or abandoned street or alley;
   (E)   Where one ownership is divided by a district boundary, the total or any part, may be used under the regulations of either district, upon determination and approval of the Planning Commission.
(`61 Code, § 25.19.5) (Ord. 915, passed 6-20-2000)

§ 25.185 REGULATIONS ARE MINIMUM.

   Interpreting and applying the provisions of this chapter, unless otherwise stated, shall be held to the minimum requirements for the promotion and protection of the public safety, health and general welfare.
(`61 Code, § 25.19.7) (Ord. 915, passed 6-20-2000)

§ 25.186 RELATIONSHIP TO OTHER REGULATIONS AND TO PRIVATE RESTRICTIONS.

   (A)   Where conflict occurs between the regulations of this chapter and any building code or other regulations effective within the city, the more restrictive of the regulations shall apply.
   (B)   It is not intended that this chapter shall interfere with or abrogate or annul any easements, covenants or other agreements now in effect; provided, however, that where this chapter imposes a greater restriction than is imposed or required by other provisions of this code or ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this chapter shall apply.
(`61 Code, § 25.19.9) (Ord. 915, passed 6-20-2000)

§ 25.187 ADDITIONAL USES PERMITTED.

   The following accessory uses, in addition to those specified in this chapter, shall be permitted:
   (A)   The renting of rooms, or the providing of meals for not more than two paying guests in a dwelling;
   (B)   The operation of necessary service facilities and equipment in connection with schools, colleges and other institutions when located on the site of the principal use;
   (C)   Recreation, refreshment and service buildings in public parks, playgrounds and golf courses;
   (D)   A home occupation as defined in § 25.239 within a dwelling unit in any district;
   (E)   The commercial extraction of sand and gravel from natural drainage ways, provided that a plan for the reclamation of excavated lands is first prepared and approved; a streambed alteration agreement has been consummated with the State Department of Fish and Game; except as otherwise provided by this chapter, no processing such as screening or batching is conducted onsite; and the duration of extraction does not exceed 30 days in any calendar year;
   (F)   Towers, spires, chimneys, machinery, penthouses, scenery lofts, cupolas, water tanks, radio aerial, television antennae and similar architectural and utility structures and necessary mechanical appurtenances may be built and used to a height not more than 25 feet above the height limit established for the district in which the structures are located; (No architectural or utility structures shall be used for sleeping or eating quarters or for any commercial or advertising purposes. Additional heights for public utility structures may be permitted upon approval of the Planning Commission. Height limitations provided herein shall not apply to electric transmission lines and towers.)
   (G)   Attached or detached shade structures on the same lot as buildings with single or multiple-family dwelling units are permitted in all zones and may occupy up to 50% of the required rear yard and adjacent side yard areas, minus any rear and side yard accessory building area and shall otherwise observe a five-foot rear and side yard setback to any supporting post(s) or beams; (Shade structures shall observe ten foot street side yard setbacks. Eaves and overhangs of shade structures shall not extend more than 12 inches beyond the supporting posts or closer than four feet from any property line. Shade structures, as defined in this chapter, shall be permitted in any residential zone.)
   (H)   One manager’s residence which is accessory to and attached to an operating hotel or motel use;
   (I)   The storage of liquefied petroleum gas for accessory onsite use in one container with a volume of 300 gallons or less;
   (J)   The placement of freestanding advertising sign structures within a required yard when the placement will not pose a visual obstruction to entering or exiting motorists or pedestrians;
   (K)   The operation of a temporary homeless shelter as defined in § 25.239 in any district as an accessory use to a legitimate church if approved by the Building Official; and
   (L)   As an accessory use to a single-family dwelling in any district, one Vietnamese pot-bellied pig may be kept or harbored as a pet, provided:
      (1)   The animal is regularly housed indoors, and when outdoors, is restrained by leash or within a durable fenced enclosure area in the rear or side yard;
      (2)   Pot-bellied pigs over the age of four months shall be neutered or spayed;
      (3)   The owner has obtained a license issued by the city for the pot-bellied pig, which shall be issued only after proof of neutering or spaying and current rabies vaccination has been provided; and (The licensure fee shall be equivalent to the dog licensure fee.)
      (4)   Tusks shall be regularly trimmed so as not to exceed one inch in length outside the outer lip.
(`61 Code, § 25.19.11) (Ord. 915, passed 6-20-2000)

§ 25.188 BUILDING SITE, AREAS AND EASEMENTS.

   (A)   No detached accessory building shall be erected, altered or moved so as to occupy any part of the front yard of any lot.
   (B)   Any legal lot of record existing prior to the date of adoption of this chapter shall be considered a legal building site.
(`61 Code, § 25.19.13) (Ord. 915, passed 6-20-2000)

§ 25.189 GRADING.

   All grading must conform to the general plan. All grading not exempt from a city grading permit shall conform to plans prepared by a qualified professional and approved by the Community Development Department. All grading plans must contain sufficient information to demonstrate conformance with the general plan. The plans shall include a description of grading activities as well as a wet weather plan specifying the timetable for completing erosion control measures.
(`61 Code, § 25.19.15) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

§ 25.190 COVENANTS FOR EASEMENT.

   (A)   In accordance with California Government Code §§ 65870 et seq., where contiguous parcels have a common ownership and where development is to take place on one parcel and required facilities are to be placed on the contiguous parcel, this section shall provide an alternative means for the continued existence of the facilities placed on the adjacent parcel.
   (B)   In any commercial or industrial district where commonly owned and contiguous parcels exist and development is proposed for one parcel and where as a condition of the development certain facilities which are required to support the development are placed on the contiguous parcel, the developer may be required, as a condition of approval of the development, to prepare a covenant of easement assuring the legal continuation of the facilities provided that all of the following conditions are met:
      (1)   The covenant for easement may be for parking, ingress, egress, light and air access, landscaping or open space purposes;
      (2)   At the time of recording the covenant for easement, all the real property benefitted or burdened by the covenant shall be in common ownership;
      (3)   The covenant for easement shall describe the real property to be subject to the easement and the real property to be benefitted thereby;
      (4)   The covenant for easement shall identify the approval, permit or designation granted which relied upon or required the covenant;
      (5)   The facilities within the easement, whether existing or proposed, are necessary to provide for orderly development and do not conflict with the provisions of this chapter;
      (6)   The form and content of the covenant for easement is approved by the Community Development Director or designee;
      (7)   The applicant has paid to the city a fee for the examination of the document noted above; and (The fee shall not exceed the cost of staff time, materials and postage expended as part of the examination process.)
      (8)   The covenant for easement shall be by an owner of real property to the city and duly recorded in the Office of the County Clerk and Recorder. Recording fees, if any, shall be paid by the applicant.
(`61 Code, § 25.19.17) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

§ 25.191 NOISE ATTENUATION.

   (A)   In the absence of noise attenuation facilities designed by a qualified professional, earth berming, architectural masonry unit block walls or equivalent noise attenuation devices shall be installed as a condition of issuing permits to create dwelling units on parcels as specified in the land development policies in the land use element of the general plan.
   (B)   These standards are intended to apply to existing parcels and development projects not subject to the State Environmental Quality Act or discretionary approval by the city. Noise attenuation standards applying to projects subject to the CEQA or discretionary approval by the city shall be adopted by resolution.
   (C)   Screen landscaping, approved by the Community Development Director or designee, shall be installed on both sides of masonry walls, earth berms or other sound attenuation facilities.
(`61 Code, § 25.19.25) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

§ 25.192 YARDS.

   (A)   Garages, carports and other similar accessory buildings may be attached to and have a common wall with the main building, or, when located as required by this chapter, may be connected to the main building with a breezeway.
   (B)   A detached accessory building not exceeding one story in height and without living quarters may occupy a rear yard and shall observe a three-foot clear distance from any property line, with the exception of a corner lot adjacent to a key lot, the building must observe the setback requirement. A garage or accessory building that is not attached to and made a part of the main building shall not be closer than eight feet clear distance to the main building.
   (C)   In the case of a corner lot abutting two streets, no detached accessory building shall be erected, altered or moved so as to occupy any part of the front half of the lot.
   (D)   In case of a comer lot adjacent to a key lot in any residential district, the street side setback of the corner lot within 20 feet of the side line of the key lot shall be equal to the front yard required on the key lot, except that the corner lot fence may be built to a height not to exceed six feet upon written consent of the owner of the key lot and approval of the Community Development Director or designee.
   (E)   In R-1, R-2, R-3, R-4, H-R and MHCA districts, fences, walls and hedges shall not exceed six feet in height in side and rear yards and shall not exceed 42 inches in height in front yards and the setback required in division (D) above.
   (F)   Eaves, fireplaces and similar architectural features, but not including any flat wall or window surface, may extend into any required side yard a distance not exceeding one-half the width of the required side yard and into any required front or rear yard a distance not exceeding four feet.
   (G)   Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not exceeding six feet and into any required side yard or street side yard a distance not exceeding one-half the width of the side yard or street side yard required for the lot.
   (H)   In any full block of lots within R-1, R-2, R-3 or R-4 districts, the front yards may be varied so that the required yard depth is not reduced more than five feet, the average of all lots equals the required yard depth, and corner lot front yards are not reduced.
   (I)   Yards required for new residential buildings which may be permitted through the use permit process shall be as required for the particular district or for R-4 districts, whichever yard requirements are greater.
   (J)   In case a dwelling is to be located so that the front or rear thereof faces any side lot line, the dwelling shall not be closer than ten feet from the lot line.
   (K)   To promote infill on existing lots, the Planning Commission may reduce the minimum front, side, street side and/or rear yard setbacks, or permit building coverage or surfaced area in excess of that normally permitted.
(`61 Code, § 25.19.27) (Ord. 915, passed 6-20-2000; Am. Ord. 930, passed 7-3-2001; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

§ 25.193 RESTROOM FACILITIES.

   If functioning restroom facilities, including water closets and lavatories, exist on a premises used for business purposes, those facilities shall be made available to all business patrons and clients.
(`61 Code, § 25.19.33) (Ord. 915, passed 6-20-2000)

§ 25.194 TEMPORARY OUTDOOR EVENTS.

   (A)   Temporary outdoor events occurring on private property such as block parties, carnivals, circuses, concerts, lectures or religious teachings, parades, political rallies, or similar uses which have a reasonable possibility of attracting more than 50 persons shall obtain an administrative use permit prior to operation. Conditions necessary to insure the health, welfare and safety of the participants and the public in general may be attached to the administrative use permit.
   (B)   Temporary outdoor events occurring on public property such as block parties, carnivals, circuses, concerts, lectures or religious teachings, parades, political rallies, or similar uses which have a reasonable possibility of attracting more than 50 persons shall obtain a setup permit in accordance herewith prior to operation.
(`61 Code, § 25.19.35) (Ord. 915, passed 6-20-2000)

§ 25.195 LARGE FAMILY DAY CARE HOMES.

   (A)   This section establishes standards for large family day care homes in compliance with state law, including the limitations on the city’s authority to regulate these facilities.
   (B)   These standards apply in addition to all other applicable provisions of this chapter and any requirements imposed by the State Department of Social Services through its facility licensing.
      (1)   The Community Development Director or designee may issue a nondiscretionary permit for the operation of a large family day care home in any residential district if the Director determines that the proposed large family day care home will comply with the following standards in this section.
         (a)   No large family day care home shall be located within 600 feet of another large family day care home.
         (b)   At least one off-street child drop-off/retrieval parking space shall be provided. The space may be on an existing driveway and/or within a front yard or a street side yard. The space shall not be smaller in dimension or area of a standard parking space and shall not utilize a space otherwise required for off-street parking. A surfaced sidewalk shall connect this space with the front door of the large family day care home.
         (c)   In addition to the parking spaces required for the primary dwelling use, one additional off-street parking space for an assistant care-giver shall be provided. The space may be located on an existing driveway and/or in a front yard or a street side yard.
         (d)   Any large family day care home located on an arterial street as shown on the general plan circulation element map, shall be provided with adequately designed off-street drop-off/retrieval areas and assistant care-giver space to ensure that vehicles reentering the arterial street will be able to do so in a forward manner.
         (e)   Business hours are limited to between 6 a.m. and 6 p.m.
         (f)   Outdoor activities on the site are limited to between the hours of 8 a.m. and 6 p.m. In order to limit neighborhood noise impacts, at least four hours of daily activities shall be conducted indoors. The four hours need not be consecutive, but all client children shall observe the same indoor activity period or periods.
      (2)   At a public hearing advertised in accordance with California Government Code § 65091, the Planning Commission may approve a modification to the standards of division (A) above for a large family day care home that does not meet the standards of this section. Prior to that public hearing, the applicant shall pay a fee to help offset costs related to notification, advertising, staff report preparation and Planning Commission review. No part of those fees shall be refundable.
(`61 Code, § 25.19.37) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

§ 25.196 LARGE RETAIL SALES AREAS.

   A conditional use permit is required for interior retail sales areas greater than 40,000 square feet. This section shall not apply to projects subject to the provisions oft he California Environmental Quality Act for which either a notice of determination has been filed with the Tehama County Clerk-Recorder by the city, or a notice of preparation has been distributed by the city prior to the effective date of this section.
(Ord. 950, passed 3-2-2004)

§ 25.196-1 EMERGENCY HOMELESS SHELTERS.

   (A)   This section establishes standards for emergency homeless shelters as defined in subdivision (e) of §50801 of the California Health and Safety Code, which are in compliance with state law, including the limitations on the city's authority to regulate these facilities in zones without a conditional use permit.
   (B)   These standards apply in addition to all other applicable provisions of this chapter and any requirements imposed by the State Department of Housing and Community Development through its oversight (CLIENT is defined as an person that is not a staff member and does not utilize the facilities i.e eat, shower and or spending the night).
      (1)   The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall not exceed one per 125 square feet of floor area.
      (2)   Off-street parking shall be provided based on one covered parking space for every six clients and one uncovered parking space for every employee on site at the same time.
      (3)   The client waiting and/or intake areas shall be as follows:
         (a)   Interior intake and/or waiting areas for a facility with 14 or less beds shall be no less than 125 square feet, 15 or more beds shall be no less than 200 square feet.
         (b)   Exterior intake and/or waiting area no less than 475 square feet for facilities with less than 28 beds shall be screened from public and/or private view with at least a six-foot fence, and an exterior intake and/or waiting area no less than 950 square feet for 29 or more bed facility shall be screened from public and/or private view with at least a six-foot fence.
      (4)   An individual or individuals who do not utilize the homeless beds and/or services and who maintain their own residence off-site may be eligible as an on-site manager(s). Said manager(s) shall be on-site 24 hours a day seven days a week and are required to be accompanied by supporting staff determined by the size and number of beds in the facility. However, at a minimum one manager on-site, and one supporting staff member shall be provided in each segregated populated sleeping section.
      (5)   No emergency homeless shelter shall be located within 300 feet of another emergency homeless shelter that is or would be located on a separate lot or parcel.
      (6)   No client shall be allowed to stay more than 240 consecutive days in a year or 300 overall days within any 12-month period of time.
      (7)   Lighting shall be provided in all parking, exterior (outside) intake and/or waiting areas, outside common areas and along the periphery of the building and facility.
      (8)   The emergency homeless shelter facility occupancy shall be secured behind a visual barrier that separates the facilities activities/operations and occupants from public and/or private view at all times with staff as outlined in division (B)(3)(b) above. All staff as outlined in division (B)(4) above shall have cell phones on their person at all times while the emergency shelter is operating and/or occupied.
(Ord. 988, passed 12-2-2008)

§ 25.197 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS.

   Accessory dwelling units and junior accessory dwelling units are defined in § 25.239.
   Applications for accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs):
   (A)   In single-family or multi-family residential zones are an allowed use in all single-family and multi-family zoning districts in the city and shall not be subject to a use permit or other discretionary action pursuant to California Government Code §§ 65852.2 and 65852.22 with the additional requirements; and
   (B)   In industrial zones, ADUs and JADUs are allowed if the property has an existing or proposed single- or multi-family dwelling. The ADU or JADU shall not be subject to a use permit or other discretionary action pursuant to California Government Code §§ 65852.2 and 65852.22 with the following additional requirements:
      (1)   The increased floor area of an attached ADU shall not exceed 50% of the proposed or existing primary dwelling living area for primary dwellings of greater than 1,600 square feet. For a primary dwelling of 1,600 square feet or less, the maximum floor area of an attached ADU shall be 800 square feet. The maximum increase in floor area for an attached or detached ADU shall not exceed 1,200 square feet.
      (2)   The dwelling unit is not intended for sale but may be rented for a period greater than 30 days. Short-term rental (30 days or less) of these units is not allowed. The accessory dwelling unit shall not be sold separately from the primary dwelling unless the existing lot is divided into two or more lots consistent with city lot dimension and lot area standards resulting in the primary and accessory residential structures being on individual lots. Full separate utility connections for all habitable structures shall be a requirement of approval of the lot division.
      (3)   The lot contains an existing or proposed single- or multi-family dwelling.
      (4)   The lot in which the use is proposed is in a zoning district which allows single- or multi-family use.
      (5)   Owner-occupancy of the parcel is not a requirement to apply for the construction of an ADU or JADU. Additionally, owner-occupancy of either the ADU or primary residence is not required for ADUs permitted between January 1, 2020 and December 31, 2024. However, for JADUs, either the primary dwelling or the JADU shall be occupied by the owner of the property. This covenant shall be recorded on the property deed for future sale purposes. Additionally, should a property have both an ADU and JADU, either the JADU, or the primary residence shall be owner-occupied. This covenant shall be recorded on the property deed for future sale purposes.
      (6)   For a project which proposes a new single- or multi-family dwelling and an ADU or JADU, the primary dwelling shall be approved for occupancy prior to occupancy of the ADU/JADU.
      (7)   ADUs shall be either attached to the proposed or existing dwelling and located within the living area of the proposed or existing dwelling or detached from the proposed or existing dwelling and located on the same lot as the dwelling. JADUs shall be attached to the existing dwelling and located within the living area of the proposed or existing dwelling.
      (8)   No setback shall be required for an existing living area, garage, or accessory structure that is converted to an accessory dwelling unit. However, fire protection mechanisms, as determined by the Fire Marshal, may be required for fire and life safety in those accessory dwelling units not meeting setbacks. A setback of four (4) feet shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
      (9)   An accessory dwelling unit or junior accessory dwelling unit shall not be subject to the following requirements: building coverage, surface coverage, minimum lot size, or any floor area ratios or open space requirements.
      (10)   With the acceptation of those requirements discussed in divisions (8) and (9) above, requirements relating to height, architectural review, site plan review, fees, charges, and other zoning requirements are generally applicable to residential construction in the zone in which the property is located.
      (11)   Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. However, no parking requirements shall be mandatory for those accessory dwelling units in any of the following instances:
         (a)   The accessory dwelling unit is located within one-half mile of public transit.
         (b)   The accessory dwelling unit is located within an architecturally and historically significant historic district.
         (c)   The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
         (d)   When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
         (e)   When there is a car share vehicle located within one block of the accessory dwelling unit.
      (12)   Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.
      (13)   The replacement of parking spaces in an existing attached or detached garage, carport, or covered parking converted to an accessory dwelling unit or an existing attached or detached garage, carport, or covered parking demolished to construct a new accessory dwelling unit shall not be required for the construction and use of the accessory dwelling unit. The replacement of parking spaces in an existing attached garage, carport or covered parking converted to a junior accessory dwelling unit or an existing attached garage, carport, or covered parking demolished to construct a new junior accessory dwelling unit shall not be required for the construction and use of the junior accessory dwelling unit.
      (14)   All accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling. However, other fire protection mechanisms, as determined by the Fire Marshal, may be required for fire and life safety in those accessory dwelling units not meeting setbacks.
      (15)   For those accessory dwelling units or junior accessory dwelling units contained within the existing space of a single-family residence or accessory structure, which have an independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety shall not require a new or separate utility connection directly between the accessory dwelling unit and the utility. No related connection fee or capacity charge shall be imposed for this structure. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
      (16)   Development impact fees for accessory dwelling units shall be based on the proportional size of the accessory dwelling unit to the primary dwelling. No development impact fees shall be required for accessory dwelling units of 750 square feet or less in size.
      (17)   For an accessory dwelling unit that is not described in division (15), a new or separate utility connection directly between the accessory dwelling unit and the utility shall be required. The connection is subject to a connection fee or capacity charge which shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
      (18)   Newly constructed accessory dwelling units are subject to the 2019 California Energy Code (Cal. Code of Regulations, Title 24, Part 6, Subchapter 8, § 151.1(14)) requirement, with exceptions, to provide a solar photovoltaic (PV) system if the unit is a newly constructed, non-manufactured, detached accessory dwelling unit. The solar panels can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide a PV system.
      (19)   A maximum of one (1) accessory dwelling unit and one (1) junior accessory dwelling unit are allowed per lot occupied by a single-family residential unit if the following is met:
         (a)   The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure.
         (b)   An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
         (c)   The space has exterior access from the proposed or existing single-family dwelling.
         (d)   The side and rear setbacks are sufficient for fire and safety.
         (e)   The junior accessory dwelling unit complies with the requirements of §§ 25.197 and 25.239.
      (20)   Multiple accessory dwelling units shall be allowed within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. At least one (1) attached accessory dwelling unit and a maximum of 25% of the existing multi-family dwelling units shall be allowed in a multi-family structure. Up to two detached accessory dwelling units that are located on a lot that has an existing multi-family dwelling shall be allowed on that multi-family lot. These detached accessory dwelling units are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(Ord. 1049, passed 5-15-2018; Am. Ord. 1056, passed 3-3-2020; Am. Ord. 1060, passed 8-17-2021)

§ 25.198 MOBILE VENDORS.

   (A)   This section establishes minimum standards for mobile vendors, as defined in § 25.239, within the City of Red Bluff.
   (B)   Definitions.
      (1)   LARGE MOBILE VENDOR.
         (a)   STATIONARY LARGE MOBILE VENDOR means a licensed motor vehicle used as a mobile vendor or licensed trailer used as a mobile vendor.
         (b)   NON-STATIONARY LARGE MOBILE VENDOR means a licensed motor vehicle used as a mobile vendor or licensed trailer used as a mobile vendor which travels via city streets to dispense its products and does not have a permanent location, such as an ice cream truck or food delivery truck.
      (2)   SMALL MOBILE VENDOR means a piece of equipment, not located or used on a city sidewalk or park, used for mobile vending, is nonmotorized and is capable of being propelled by a single person such as a pushcart, cart, stand, pedal-driven cart, wagon, showcase, or rack.
      (3)   TEMPORARY MOBILE VENDOR means a mobile vendor, whether large or small, that is to be used during a special event, such as a grand opening or promotional event, for a short term, less than a one-week period.
      (4)   SIDEWALK MOBILE VENDORS as established and governed by California Government Code §§ 51036 through 51039 means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path or public park.
         ROAMING SIDEWALK VENDOR means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
         STATIONARY SIDEWALK VENDOR means a sidewalk vendor who vends from a fixed location.
            1.   Stationary (a permanent or recurring location, but must move off-site every day, as is currently required).
            2.   Non-stationary (no permanent location, travels via city sidewalk to dispense its products, i.e., food cart).
   (C)   Permit requirements.
      (1)   Permit and licensing requirements for mobile vendors are as follows:
 
Use
Large Mobile Vendor
Small Mobile Vendor
Temporary Mobile Vendor
Stationary Sidewalk Mobile Vendor
Stationary
Non- stationary
Permit type
CUP
AUP
AUP
AUP
AUP
Site plan required
yes
yes
yes
yes
yes
Property owner permission verification
yes
yes
yes
yes
yes
 
   (D)   Mobile vendors requirements.
      (1)   Requirements for mobile vendors are as follows:
Requirement
Large Mobile Vendor
Small Mobile Vendor
Temporary Mobile Vendor
Sidewalk Mobile Vendor
Stationary
Non- stationary
Requirement
Large Mobile Vendor
Small Mobile Vendor
Temporary Mobile Vendor
Sidewalk Mobile Vendor
Stationary
Non- stationary
Site plan required
yes
no
yes
no
no
Emergency access
yes
no
yes
no
no
Fire inspection required
yes
If cooking facilities are in use
If cooking facilities are in use
If cooking facilities are in use
no
Time restrictions
yes
yes
yes
yes
Daytime use only
Location restrictions
yes
no
yes
yes
Yes, per state law
Multiple sites allowed
no
Yes, site plan required for each site
Yes, site plan required for each site
n/a
n/a
Property owner permission verification
yes
For multiple site vendor only
yes
n/a
n/a
 
      (2)   Specific requirements are noted below:
         (a)   Site plan. Mobile vendor unit applicant/owner shall submit site plan with all lot dimensions, existing buildings, mobile vending unit location/arrangement in relationship to other features on the lot and proposed accessories to the site, tables, chairs, awning/shade structures, landscaping, etc. The purpose of the plans submittal is to assure continuity with the surrounding land uses and compliance with the minimum standards as stated herein, prior to a formal conditional use permit application and staff’s support/recommendation for said application.
         (b)   Emergency access. Mobile vendors shall maintain at least a 12-foot separation or setback from any buildings/property lines, or any other object that may hinder emergency access to the lot or mobile vending unit.
         (c)   Fire inspection. Mobile vendors who use cooking facilities shall schedule a semi-annual fire inspection with the City of Red Bluff Fire Department to maintain compliance with regulations governing fixed extinguishing system(s) for commercial cooking operation.
         (d)   Time restrictions. No mobile vending unit shall be authorized/allowed to stay on any site more than 12 hours in a 24-hour day for which they are approved to occupy (i.e. they shall leave any approved site for a total of 12 hours a day or more).
            Non-stationary large mobile vendors are only allowed to stop in the city street as long as it takes to dispense the product. At no time shall a non-stationary mobile vendor be stopped in one on-street location greater than ten minutes.
            No mobile vending unit using multiple vending sites shall be authorized/allowed to stay on any one site more than 12 hours in a 24-hour day and for more than two consecutive days and six total days per month which they are approved to occupy (i.e. they shall leave any approved site for a total of 12 hours a day or more).
         (e)   Location restrictions. Mobile vending units are not permitted on private property in any residential zoning district. Mobile vending units shall be located no closer than 300 feet to each other, unless in a designated mobile vendor park or participating in a special event activity. No mobile vending unit may conduct business, park, or operate within 600 feet of any elementary, middle, or high school, whether public or private. The 600 feet shall be measured from each property line of the school(s), creating a 600-foot radius around the school’s property.
         (f)   Multiple sites. Mobile vendors using multiple off-street sites is allowed pursuant to the requirements of this chapter.
         (g)   Property owner permission. Each mobile vending unit shall obtain property owner permission in writing for each proposed location and submit this permission to the city prior to approval.
         (h)   Annual review and renewal. Each vendor shall obtain a written permission to operate letter from the property owner and submit it to the Community Development Department in January of each calendar year following the issuance of the approved permit.
(Ord. 990, passed 4-21-2009; Am. Ord. 1059, passed 5-4-2021; Am. Ord. 1089, passed 5-6-2025)

§ 25.199 DENSITY BONUS.

   The purpose of providing a housing density bonus or incentives is to contribute to the economic feasibility of low income and moderate income housing in housing developments proposed within the city.
   (A)   When a developer enters into an agreement pursuant to California Government Code § 65915 to provide 10 to 20% of the total units of a housing development affordable for low or moderate income households, or 5 to 11% of units affordable to very low-income households, as defined in the California Health and Safety Code, the developer shall be eligible for a housing density bonus of up to 35% and up to three incentives or concessions if the housing development consists of five or more units.
   (B)   Any person requesting a housing density bonus, incentives, or concessions shall apply for a development agreement. A housing density bonus, incentives, or concessions shall be granted by approval of the development agreement which shall specify the density bonus and/or incentives, and any conditions attached to the approval of such bonus, incentive and/or concession.
   (C)   Prior to City Council action on a development agreement providing a housing density bonus or incentives, the Planning Commission shall consider the development agreement and make a recommendation to the City Council.
   (D)   The project developer may specify the housing density bonus or incentives requested; however, the city may agree to provide a housing density bonus or incentives other than those requested, so long as such housing density bonus or incentives meet the requirement set forth in the California Government Code.
(Ord. 1049, passed 5-15-2018)